Талмуд к Шмот 23:2

²⁸Babli Bava meṣia` 59b. They wanted to excommunicate Rebbi Eliezer. They said, who will go and inform him? Rebbi Aqiba said, I shall go and inform him. He went to him and said to him, my teacher, my teacher²⁹Nobody else wanted to go since they knew that R. Eliezer’s rage would be deadly. R. Aqiba declared himself R. Eliezer’s student, insulating himself from the leaders of the preceding generation who pronounced the excommunication., your colleagues are excommunicating you. He took him outside, saying: Carob tree, carob tree, if practice has to follow their words, be uprooted. It was not uprooted. If practice has to follow my words, be uprooted. It was uprooted. If practice has to follow their words, turn back. It did not turn back. If practice has to follow my words, turn back. It turned back. All these extraordinary happenings and practice do not follow Rebbi Eliezer. Rebbi Ḥanina said, when it was given, it also was given to follow the majority opinion³⁰Ex. 23:2. This declares rabbinic consensus to be superior to prophetic inspiration. This claim of rabbinic authority to override the will of Heaven is the mirror image of Jesus’s claim (Matth. 12:8) that the prophet (Son of Man) is master over biblical laws.. [Did Rebbi Eliezer not know that practice has to follow the majority opinion?]³¹Addition by the Venice editor, justified by G where one reads ולית ר׳ ליעז….. רבים להטות. He was offended only because they burned his food prepared in purity in his presence³²This follows the story in the Babli that R. Eliezer was excommunicated in his presence.. There we have stated³³Mishnah Kelim 5:10.: “If it was cut into strips and sand was placed between any two strips, Rebbi Eliezer declares pure³⁴In Mishnah Kelim, “pure” always means “impervious to impurity”; “impure” means “susceptible to impurity”. Since every strip of pottery is not a vessel and the connections between the strips are not permanent, the entire oven is not an implement and therefore pure. The Sages argue that since the oven is usable as described it is an implement and impure. but the Sages declare impure. This is the Ḥakhinai oven.” Rebbi Jeremiah said, a big itching was happening on that day: Everything on which Rebbi Eliezer gazed was burned³⁵This describes the antique theory of vision, that the image in the eye is formed by rays emanated from the eye and scanning the objects.. Not only that, but a grain of wheat might have been half burned and half not burned, and the walls of the house of assembly were weakened. Rebbi Joshua said to them, if colleagues are fighting, what does this concern you? There came an unembodied voice and said, practice follows My son Eliezer. Rebbi Joshua said, it is not in Heaven³⁶Deut. 30:12.. Rebbi Crispus, Rebbi Joḥanan in the name of Rebbi: If a person would say to me, that is how Rebbi Eliezer stated, I am stating following his words since the Tannaïm switch³⁷If a statement consistent with our practice is ascribed to R. Eliezer it need not be rejected since one may assume that it was ascribed to him in error.. Once he was walking in public and he saw a woman when sweeping her house throwing it out, it fell on his head. He said, it seems that today my colleagues are befriending me, for it is written: He lifts the downtrodden from the dung heap³⁸Ps.113:7. The Babli holds that R. Eliezer’s excommunication was lifted only at his death..

MISHNAH: The High Synhedrion³³²As usual in rabbinic sources, the political institution of the Synhedrion is identified with the juridical of the High Court, projecting Jabneh arrangements into Temple times. had 71 members and a lower one 23 members. From where that the High Court has 71 members? For it is said³³³Num. 11:16.: Assemble for me 70 men of the Elders of Israel, and Moses was presiding, that makes 71. Rebbi Jehudah says, 70³³⁴He is known for the correctness of his historical traditions. For the political functions of a Synhedrion, an even number of members is acceptable. The judicial functions were exercised by committees of 23 each.. From where that a lower court has 23 members? For it is said, the congregation shall judge, the congregation shall save³³⁵Num. 35:24,25 speaking of the trial of the homicide; cf. Sifry Num. #160.. One congregation judges, one congregation saves, this makes twenty. And from where that a congregation consists of ten persons? As it is said, how long this evil congregation³³⁶Num. 14:27, interpreted as speaking of the ten bad spies., without Joshua and Caleb.
From where that one adds another three³³⁸Since Mishnah 6 established that a criminal court must have 20 judges/jurors.? From the interpretation of what is said³³⁹Ex. 23:2: Do not follow the majority to do evil; do not testify in a quarrel, to bend, to twist after the majority. This is read to mean that for acquittal one vote is enough but that for conviction one needs a qualified majority even without the one judge who is voting. Cf. Mekhilta dR. Ismael Mišpaṭim20, dR. Simeon ben Ioḥai 23:2 (in the name of Rebbi.), do not follow the majority to be unfavorable, I understand that He said, follow them to be favorable. Then why was it said, to bend after the majority? Your bending to be favorable is not equal to your bending to be unfavorable. Your bending to be favorable shall be by one [vote] (witness), your bending to be unfavorable shall be by two. Since no court may be even-numbered, one adds another one to obtain 23. How many people shall live in a town that it may have a criminal court? 120. Rebbi Nehemiah said 230, that they might be commanders over tens³⁴⁰Since the verse requires that judges be outstanding personalities, Ex. 18:21, Deut.1:15, each judge must be qualified at least to be the leader of ten men..

What is a couch and what is a dargesh? Rebbi Jeremiah²³⁸He is the Tanna usually referred to simply as “R. Yose.” said, one that one plaits³⁰Ex. 23:2. This declares rabbinic consensus to be superior to prophetic inspiration. This claim of rabbinic authority to override the will of Heaven is the mirror image of Jesus’s claim (Matth. 12:8) that the prophet (Son of Man) is master over biblical laws. on its body is a couch and one that one does not plait on its body²³⁹He and R. Meïr induced the people in Galilee to adopt the custom of the South (i. e., Lydda and its surroundings) to allow mentions of consolation on the Sabbath. Babli 24a. is a dargesh. But have we not stated²⁴⁰Prov. 10:22. “Bed and crib after he rubs them with fish skin²⁴¹2S.19:3.” If he plaits on its body, why does he rub²⁴²Babli 24a.? Rebbi Eleazar said, explain it with those Caesarean cribs that have holes²⁴³One has to wear the kaftan which was torn in honor of the deceased for the entire week (except the Sabbath) but after the funeral the tear should not be seen..

HALAKHAH: “In cases of money matters, purity, and impurity,” etc. Rebbi says, do not argue about a quarrel⁶⁴Ex. 23:2.. It is written against the greatest⁶⁵The word is written defective. The masoretic text follows the Talmudim in this (Babli 36a). It is difficult to decide whether the pronunciation of “the greatest” was רִבּ or רָב., that one does not argue after the greatest, only prior to the greatest. Rebbi Yose ben Ḥanina said, do not argue about a quarrel. It is written before the greatest, that one does not argue prior to the greatest, only after the greatest⁶⁶Depending on how one understands the word עַל, one comes to opposite conclusions. R. Yose ben Hanina denies that there be a difference in procedures between civil and criminal cases.. Rav said, do not argue, even after a hundred⁶⁷He denies that the verse has any relevance for judicial procedures; he reads it as an injunction not to change one’s mind even in the face of a hundred opposing opinions unless one is convinced that his earlier opinion was incorrect., the words of Rebbi Phineas⁶⁸No Tanna “R. Phineas” is known, nor any such Amora in the first generation. Either the name has to be deleted or the reference is to R. Phineas ben Yaïr..