Tosefta su Deuteronomio 17:78
Tosefta Horayot
[If] a beit din ruled at the conclusion of the Sabbath [that the sun had set, thus permitting labor], and then later the sun was seen shining [as may occur, e.g., on a cloudy day], this is not an erroneous ruling but merely a mistake (Yev. 92a:2). [If] a beit din ruled to uproot an entire principle, [such as if] they said, "There is no blood (i.e., laws concerning the blood of a sacrificial animal) in the Torah," "There is no fat (i.e., laws concerning the fats of a sacrificial animal) in the Torah," "There is no piggul (Lev. 7:18) in the Torah," behold, they are exempt (Hor. 1:3). [If] they ruled to nullify part and uphold part, behold, they are liable. How so? [If] they said, "There is blood [in the Torah] but there is no obligation, except as to the blood of a peace offering." [Or if they said,] "There is fat in the Torah but there is no obligation except as to the blood of a peach offering." [Or if they said,] "There is piggul in the Torah but there is no obligation except as to piggul of a peace offering." Behold, [in these cases,] they are liable, as it is said elsewhere (Deut. 17:8, see below), "matter." What does "matter" mean? As is said elsewhere (see Midrash Tehillim 105:1), of part of it, but not all of it. You say, a "matter" is part of it, but not all of it, or is it only all of it? The Torah teaches (Deut. 17:8), "[When any matter is too baffling for you, in justice,] between blood and blood," and not "all the blood" -- "between judgment and judgment," and not "every judgment" -- "between plague and plague," and not "every plague" -- thus, there is no need to say [in accordance] with the first version, but rather [in accordance] with the last version. [Just] as it says here, "matter," and it says elsewhere, "matter," what is "matter," so too it says elsewhere "part of it," but not "all of it." Rabbi Shimon ben Eliezer says in the name of Rabbi Meir, "If six sinned and they are the majority, or seven, even if they are not the majority, behold, they are liable."
Ask RabbiBookmarkShareCopy
Tosefta Sanhedrin
And he writes for himself a Sefer Torah to learn without ulterior motivation, that it should not be in the house of his ancestors, but in his house, as it says "and he writes" (Deut. 17:18), meaning, that it is written in his name and a regular person has no permission to read from it, as it is written "and he will read" (Deut. 17:19) he, and not a regular person. And we leave it with a Beit Din of Kohanim, with a Beit Din of Levvim and with a Beit Din of Israelites who are able to marry into the Kehunah. He goes out to war and it is with him, comes back and it is with him, sits in the house and it is with him, enters in the bathing house and it awaits at the door, and so too David said 'I have Ad-nai in front of me always etc' (Ps. 16:8) Rabbi Yehuda says: sefer Torah on his right hand and tefilin on his left."
Ask RabbiBookmarkShareCopy
Tosefta Sanhedrin
And he writes for himself a Sefer Torah to learn without ulterior motivation, that it should not be in the house of his ancestors, but in his house, as it says "and he writes" (Deut. 17:18), meaning, that it is written in his name and a regular person has no permission to read from it, as it is written "and he will read" (Deut. 17:19) he, and not a regular person. And we leave it with a Beit Din of Kohanim, with a Beit Din of Levvim and with a Beit Din of Israelites who are able to marry into the Kehunah. He goes out to war and it is with him, comes back and it is with him, sits in the house and it is with him, enters in the bathing house and it awaits at the door, and so too David said 'I have Ad-nai in front of me always etc' (Ps. 16:8) Rabbi Yehuda says: sefer Torah on his right hand and tefilin on his left."
Ask RabbiBookmarkShareCopy
Tosefta Sanhedrin
A rebellious son: we warn him before three (witnesses), as it states: "And you shall grab him... And you shall say to the elders of his city...". (We learn from here that it is a) Mitzva for the elders of the city. "...This, our child...", this is the man that was whipped before you. Another item: "...This, our child...", to exclude one who ran away and came when he had grown. (Additionally,), "...This, our child...", to exclude if one of the judges (from the initial trial) died. Another item, "...This, our child...", this teaches that one of the original (judges from the first trial) joins the last ones (the judges of the current, final trial) to sentence him to death. A rebellious son (and) a rebellious elder die at the hand of the court, and the coercers (of few to worship foreign gods), and coercers (of many to worship foreign gods), and a false prophet, and disproved witnesses: they are not sentenced immediately, rather we bring them up to the great court in Jerusalem and guard them until the holiday and they are executed on the holiday, as it says "and the entire nation will hear and see". So are the words of Rabi Akiva. Rabi Yehuda responded: but doesn't it not say "and the whole nation will see and fear", rather the whole nation will see and fear. Why is this man's judgement of interest? Rather, he is executed immediately, and they write it and send it to all the places. (The statement would read): Person so-and-so son of so-and-so was sentenced in the court of such-and-such and so-and-so and so-and-so were his witnesses. And this is what they would do, and this is what they did for him.
Ask RabbiBookmarkShareCopy