Soncino English Talmud
Sanhedrin
Daf 88b
It has been taught; R. Jose said; Originally there were not many disputes in Israel, but one Beth din of seventy-one members sat in the Hall of Hewn Stones, and two courts of twenty-three sat, one at the entrance of the Temple Mount and one at the door of the [Temple] Court, and other courts of twenty-three sat in all Jewish cities. If a matter of inquiry arose, the local Beth din was consulted. If they had a tradition [thereon] they stated it; if not, they went to the nearest Beth din. If they had a tradition thereon, they stated it, if not, they went to the Beth din situated at the entrance to the Temple Mount; if they had a tradition, they stated it; if not, they went to the one situated at the entrance of the Court, and he [who differed from his colleagues] declared, 'Thus have I expounded, and thus have my colleagues expounded; thus have I taught, and thus have they taught.' If they had a tradition thereon, they stated it, and if not, they all proceeded to the Hall of Hewn Stones, where they [i.e., the Great Sanhedrin] sat from the morning tamid until the evening talmid; on Sabbaths and festivals they sat within the hel. The question was then put before them: if they had a tradition thereon, they stated it; if not, they took a vote: if the majority voted 'unclean' they declared it so; if 'clean' they ruled even so. But when the disciples of Shammai and Hillel, who [sc. the disciples] had insufficiently studied, increased [in number], disputes multiplied in Israel, and the Torah became as two Toroth. From there [the Hall of Hewn Stones] documents were written and sent to all Israel, appointing men of wisdom and humility and who were esteemed by their fellowmen as local judges. From there [sc. the local Beth din] they were promoted to [the Beth din of] the Temple Mount, thence to the Court, and thence to the Hall of Hewn Stones. They sent word from there, Who is destined for the world to come? He who is meek, humble, stooping on entering and on going out, and a constant student of the Torah without claiming merit therefor. [Thereupon] the Rabbis cast their eyes upon R. 'Ulla b. Abba [as endowed with all these qualities]. IF HE RETURNED TO HIS TOWN AND TAUGHT AGAIN etc. Our Rabbis taught: He is not liable unless he [himself] acts upon his ruling, or states his ruling to others, who act thereon. Now, as for stating his ruling to others, who act upon it, it is well: before [receiving the decision of the Great Beth din] he was not liable to death, [since he personally committed no wrong] whilst now he is [for flouting its authority]. But [as for the proviso that] he himself must act upon his ruling — even before [the decision was rendered in the Hall of Hewn Stones] he was liable to death! Now, there is no difficulty if his ruling referred to forbidden fat and blood, since before he was not liable to death, whilst now he is. But if he ruled MISHNAH. THERE IS GREATER STRINGENCY IN RESPECT TO THE TEACHINGS OF THE SCRIBES THAN IN RESPECT TO THE TORAH. [THUS,] IF ONE [A REBELLIOUS ELDER] SAYS, THERE IS NO PRECEPT OF TEFILLIN, SO THAT A BIBLICAL LAW MAY BE TRANSGRESSED, HE IS EXEMPT. [BUT IF HE RULES THAT THE TEFILLIN MUST CONTAIN] FIVE COMPARTMENTS, THUS ADDING TO THE WORDS OF THE SCRIBES,15 HE IS LIABLE. GEMARA. R. Eleazar said in R. Oshaia's name: He is liable only for a matter of which the fundamental law is Biblical, whilst its interpretation is of the Scribes, and in which there is room for addition, which addition, however, is the equivalent of subtraction. Now, the only precept [fulfilling these conditions] is that of tefillin. Now, this statement was made according to R. Judah. But is there not the lulab, the fundamental law of which is Biblical. the interpretation Rabbinical, there being room for addition, which addition amounts to subtraction? — Now, what is our opinion? If we hold that the lulab need not be bound [with the other two species], each stands apart. Whilst if we maintain that the lulab needs binding, it is defective from the very outset. But is there not the law of fringes, the basic precept of which is Biblical, the interpretation Rabbinical, there is room for addition, whilst such addition amounts to subtraction? — What is our opinion? If we maintain that the upper knot is not required by Biblical law, they are separate from each other; whilst if we hold
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