Sanhedrin

R. Nahman said: One like myself may adjudicate monetary cases alone. And so said R. Hiyya. The following problem was [consequently] propounded: Does the statement 'one like myself' mean that as I have learned traditions and am able to reason them out, and have also obtained authorisation  [so must he who wishes to render a legal decision alone]; but that if he has not obtained authorisation, his judgment is invalid; or is his judgment valid without such authorisation? Come and hear! Mar Zutra, the son of R. Nahman, judged a case alone and gave an erroneous decision. On appearing before R. Joseph, he was told: If both parties accepted you as their judge, you are not liable to make restitution. Otherwise, go and indemnify the injured party. Hence it can be inferred that the judgment of one, though not authorised, is valid. Said Rab: Whosoever wishes to decide monetary cases by himself and be free from liability in case of an erroneous decision, should obtain sanction from the Resh Galutha,  And so said Samuel. It is clear that an authorisation held from the Resh Galutha 'here' [in Babylonia] holds good 'here' — And one from the Palestinian authority 'there' [in Palestine] is valid 'there' — Likewise, the authorisation received 'here' is valid 'there', because the authority in Babylon is designated 'sceptre' — but that of Palestine, 'lawgiver' [denoting a lower rank] — as it has been taught: The sceptre shall not depart from Judah,  this refers to the Exilarchs of Babylon who rule over Israel with sceptres;  and a lawgiver … this refers to the descendants of Hillel [in Palestine] who teach the Torah in public. Is, however, a permission given 'there' valid 'here'? Come and hear! Rabbah b. Hana gave an erroneous judgment [in Babylonia]. He then came before R. Hiyya, who said to him: If both parties accepted you as their judge, you are not liable to make restitution; otherwise you must indemnify them. Now — Rabbah b. Hana did hold permission [but from the Palestinian authority]. Hence we infer that the Palestinian authorisation does not hold good for Babylon. But is it really not valid in Babylon? Did not Rabbah, son of R. Huna, when quarrelling with the members of the household of the Resh Galutha, maintain, I do not hold my authorisation from you. I hold it from my father who had it from Rab, and he from R. Hiyya, who received it from Rabbi [in Palestine]'? — He was only trying to put them in their place with mere words. Well, then, if such authorisation is invalid in Babylon, what good was it to Rabbah, son of R. Huna? — It held good for cities that were situated on the Babylonian border [which were under the jurisdiction of Palestine]. Now, what is the content of an authorisation? — When Rabbah b. Hana was about to go to Babylon, R. Hiyya said to Rabbi: 'My brother's son is going  to Babylon. May he, decide in matters of ritual law?' Rabbi answered: 'He may. May he decide monetary cases?' — He may.' 'May he declare firstborn animals permissible [for slaughter]?'— 'He may.' When Rab went there, R. Hiyya said to Rabbi: 'My sister's son is going to Babylon. May he decide on matters of ritual law?' — He may. 'May he decide [monetary] cases?' — 'He may.' 'May' he declare firstborn animals permissible for slaughter?' — 'He may not.' Why did R. Hiyya call the former 'brother's son' and the latter 'sister's son'? You cannot say that it was actually so, since a Master said that Aibu [Rab's father] and Hana [Rabbah's father], Shila and Martha and R. Hiyya were the sons of Abba b. Aha Karsela of Kafri?  — Rab was also R. Hiyya's sister's son [on his mother's side], while Rabbah was only his brother's son. Or, if you prefer, I might say he chose to call him sister's son'