신명기 17:12 관련 구절

Rebbi Zeˋira said, it says here “criminal” and it says there “criminal”, the prophet said it criminally²⁸⁴Deut. 18:22, the law of the false prophet. “Here” refers to the judge who refuses to obey the rulings of the Supreme Court, who acts criminally in his disobedience and is tried before the Supreme Court, Deut. 17:8–12.. Since about “criminal” used there, the verse speaks about a false prophet, also about “criminal” used here, the verse speaks about a false prophet²⁸⁵The verse does not speak about a false prophet but about a lower court judge who refuses to accept the authority of the Supreme Court. What is meant is that the procedural details given for the treatment of the rebellious judge also apply to the treatment of the false prophet. The argument is known as הֶקֵּשׁ “trap”. If the same word is used in two contexts, details found in one context and left indeterminate in the other can be transferred from one to the other. As a hermeneutic principle, heqqeš should be used only if the word in question is not loaded with additional meaning. But in Sifry Deut. 178, the expression “criminal” is interpreted to mean that the false prophet may be prosecuted only if criminal intent can be shown, not if he acted in error.
In the Babli, 16a, the argument is in the name of R. Yose ben Hanina.. Rebbi Ḥizqiah said, it says here “spoke” and it says there, that the prophet would speak in the Eternal’s name. Since about “spoke” used there, the verse speaks about a false prophet, also about “spoke” used here, the verse speaks about a false prophet.²⁸⁶It seems that the heqqeš should not be about the verb דִּבֵּר but the noun דָּבָר “pronouncement”, referring to the judgment of the Supreme Court in case of the rebellious judge, Deut. 17:10, and the false prophet who pronounces in the Eternal’s name, Deut. 18:20.

A rebellious Elder who instructed to act and acted is punishable. If he instructed but did not act, he is not prosecutable. If he instructed not for application, he is not prosecutable. If he instructed for application, even if he himself did not act, he is punishable⁴¹Babli 88b. Sifry Deut. 155 infers from Deut. 17:12 which decrees the death penalty for the person who acts against the judgement which he heard from the Supreme Court that any person acting on instructions from a person who heard from the Supreme Court cannot be prosecuted. Therefore, the actions of persons acting on the instructions of a judge are considered actions of the judge, not those of his officers.. Rebbi Hila said, Rebbi Ismael stated thus: Who would act⁴The Supreme Court sitting in the Temple court. Deut. 17:12., even in he did not act himself. Rav Huna said, if he was instructing for practice and later a case came up, one acts on his instruction. If he taught it on the occasion of a case, one acts on it for others but not for himself⁴²This is a general legal principle, applicable to civil as well as to criminal law. A legal doctrine formulated before a case arose can be applied to any case. But a doctrine formulated in the discussion of a case cannot be applied if the party formulating it is party to the case; that would be a conflict of interest (Babli Yebamot77a in the name of Rav, Rav Huna’s teacher.).