Comentario sobre Deuteronómio 17:8

כי יפלא IF THERE BE [A THING] TOO HARD [FOR THEE IN JUDGMENT] — The term פלא always denotes separation and being at a distance; it means here that the matter is apart and is hidden from thee.

IF THERE ARISE A MATTER TOO HARD FOR THEE IN JUDGMENT, BETWEEN BLOOD AND BLOOD, BETWEEN PLEA AND PLEA, AND BETWEEN PLAGUE AND PLAGUE, MATTERS OF CONTROVERSY WITHIN THY GATES. “Matters of controversy — if the Sages of the city disagree over the matter, this one declaring it unclean and that one declaring it clean, this one convicting and that one acquitting.” This is Rashi’s language. It is also the opinion of Onkelos [who translated: matters of controversy — “disagreement among the judges”]. But it is not correct.⁸¹For, according to Rashi, the expression matters of controversy refers back to between blood and blood etc. Ramban will explain matters of controversy as an independent expression, as explained further on. Rather, according to the Midrash thereof⁸²Sifre, Shoftim 152. Sanhedrin 87a. it means as follows: “Between blood and blood, [the Sages disagree whether the blood in question is clean or unclean, the blood being any of the following]: the blood of a menstruous woman, the blood of a woman in childbirth, or the blood of a woman suffering a flux. Between plea and plea, [they disagree concerning the verdict in] civil cases, capital cases, and laws of scourging. And between plague and plague, [concerning] plagues of man, plagues of houses, and plagues of garments. Matters of controversy, giving the water to a suspected adulteress,⁸³Numbers 5:24. the breaking of the heifer’s neck,⁸⁴Further, 21:4. and the purifying of the leper.” Thus the meaning of the word between [‘between’ blood and blood] is “and between,” [the verse stating: If there arise a matter too hard for thee in judgment, “and” between blood and blood, since the phrase between blood and blood is a new category, and not in apposition to the first part of the verse]. The letter lamed [in the words l’dam which literally means “in regard to blood” and l’din — “in regard to a plea”] has the usage here of a beth [meaning “among”], “between blood ‘among’ blood, plea ‘among’ pleas,” meaning, should a case arise concerning one [form of blood] among the various forms of blood, or concerning one [plea] among the various pleas, [a case that will be too difficult for you to decide]. A similar usage [of a lamed serving as beth is found in these verses:] but the name of the city was Luz ‘larishonah’⁸⁵Genesis 28:19. [literally: “‘to’ the beginning”] means barishonah — “in the beginning;” the Eternal smote him in his bowels ‘lacholi l’ein marpei’⁸⁶II Chronicles 21:18. [literally: “to an incurable disease”] means bacholi b’ein marpei — “with an incurable disease;” and he covered it with fine gold ‘l’chikarim’ [literally: “to talents”] six hundred⁸⁷Ibid., 3:8. means b’chikarim — “with talents.” There are many similar cases. Or it may be that the meaning of the word between [‘between’ blood and blood etc.] is “between [a certain flow of] blood in regard to all other bloods, between [a certain kind of] plea in regard to all pleas.” Similarly, and whensoever any controversy shall come to you from your brethren, between blood and blood, between law and commandment, statutes and ordinances, ye shall warn them, that they not be guilty towards the Eternal.⁸⁸Ibid., 19:10.
And in line with the plain meaning of Scripture the verse means: between blood and blood, matters of bloodshed; [between plea and plea] in civil cases; [and between plague and plague]cases of wounds and bruises [i.e., bodily injury] — all matters of controversy that shall be in your cities. Scripture thus speaks of common occurrences, for in the matters of ordinances [cases between man and his neighbor], more disagreements will arise than in other decisions. The law of the elder [who rebels against the decision of the highest court] is, however, alike in all cases. Therefore He said, And thou shalt do according to the Torah (law) which they shall teach thee, and according to the judgment which they shall tell thee,⁸⁹Verse 11. The expression and thou shalt do is from Verse 10. for the word “Torah” alludes to the rest of the decisions.

כי יפלא ממך, even though you have appointed competent judges in each town and city, in order that each court would dispense justice in its home base, if a doubt arises as to what the correct ruling is according to reliable tradition, the local court is not to hand down a ruling according to their opinion when it is not supported by authentic tradition, but the problem should be submitted to the Supreme Court, Sanhedrin. The same holds true when the judges in the local court were deadlocked.