Soncino English Talmud
Sanhedrin
Daf 36a
IN CIVIL SUITS, AND IN CASES OF CLEANNESS AND UNCLEANNESS etc. Rab said: I was once one of the voters in the school of Rabbi, and it was with me that the voting began. But did we not learn, WE COMMENCE WITH THE ELDEST? — Rabbah the son of Raba — others state, R. Hillel the son of R. Wallas — said: The voting in the school of Rabbi was different [from the usual form], because in all their voting they began with the side [benches]. Rabbah the son of Raba — others state, R. Hillel the son of R. Wallas — also said: From Moses until Rabbi we do not find sacred learning and [secular] greatness combined in the one [person]. But do we not? Was it not so in the case of Joshua? — [No, for] there was Eleazar. But what of Phinehas? — There were the Elders. But was not Saul such? — No, [with him] was Samuel. But did not Samuel die [before him]? — We are referring to his whole life-time. But did not David [combine these possessions]? — There was Ira the Jairite. But he died [before David]! — We are referring to his whole life-time. Was not Solomon [such a man]? — [No, for] there was Shimei son of Gera. But he [Solomon] slew him! — We are referring to his whole life-time. Was there not Hezekiah? — [with him] was Shebnah. But he was slain [during Hezekiah's life-time]! — We are referring to his entire life-time. But was this not true of Ezra? — No, for [with him] was Nehemia the son of Hachalia. R. Adda b. Ahabah said: I similarly affirm that since the days of Rabbi until R. Ashi we do not find learning, and high office combined in the same person. But do we not: was there not Huna b. Nathan? — Huna b. Nathan was certainly subordinate to R. Ashi. WHEREAS IN CAPITAL CHARGES, WE COMMENCE WITH [THE OPINION OF] THOSE ON THE SIDE BENCHES. Whence is this derived? R. Aha b. Papa said: Scripture states, Thou shalt not speak 'al rib [in a case] — [i.e.,] thou shalt not speak 'al rab, against the chief [of the judges]. Rabbah b. Bar Hana deduced it in R. Johanan's name from the following verse, And David said unto his men, gird ye on every man his sword; and they girded on every man his sword, and David also girded on his sword. Rab said: In capital charges one may instruct his disciple, and pronounce judgment with him. An objection was raised: 'In cases of cleanness and uncleanness, a father and his son, or a master and his disciple count as two; but in monetary cases, capital cases of flagellation, the sanctification of the month and the intercalation of the year, a father and his son, or a master and his disciple count only as one'?