Tractate Sanhedrin: Jurisdiction of the Various Courts: Cases which must be tried by the Greater Sanhedrin

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Tractate Sanhedrin, Herbert Danby tr. [1919], at sacred-texts.com

Cases which must be tried by the Greater Sanhedrin.

M.I. 5. A tribe, a false prophet, or a high-priest can only be tried by a court of seventy-one judges; an aggressive war can only be waged by the authority of a court of seventy-one; an addition to the City or to the Temple court-yards 3 can only be carried out by the authority of a court of seventy-one; the institution of separate tribal Sanhedrins can only be carried out by the authority of a court of seventy-one; and the condemnation of a beguiled city 4 can only be effected by the authority of a court of seventy-one. A frontier town should not be condemned, 5 nor three (at the same time), but only one or two.

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T. III. 4. They may not burn the red heifer 1nor "break the heifer's neck" 2 nor pronounce sentence on an elder who defies the court, 3 nor decide in the case of "the ox of communal forgetfulness," 4 nor may they appoint a king or high-priest, except by permission of a court of seventy-one judges.

How do they carry out an alteration (in the city and Temple courtyards)? The court issues forth and the two thank-offerings 5 behind them; of these offerings the inner one (nearest the members of the court) is eaten, and the other burnt. If anything of this is not completed, those who enter there are not thereby guilty. 6 The two thank-offerings, it has been taught, 7 means their bread offerings, and not their flesh offerings.

Abba Shaul 8 said: There were two valleys in Jerusalem, a lower one and an upper one. The lower one was consecrated by all these methods, but the upper was not consecrated until the members of the Exile returned to Jerusalem, when they were without king and without Urim and without Tummim. 9 In the lower valley whose consecration was complete, the common people used to eat the lesser holy things, 10 but not the

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Second tithe; whereas the more learned used to eat both. In the upper valley, whose consecration was not complete, the common people used to eat the lesser holy things, but not the Second tithe; whereas the more learned used to eat neither. Why had not the upper valley been consecrated? Because it was a weak part of Jerusalem, and could easily be captured.

5. R. Jose said three things in the name of three elders:--R. Akiba said: Could a man bring up the firstborn of beasts to Jerusalem from outside of the land of Israel? Scripture says: AND THOU SHALT EAT BEFORE THE LORD THY GOD THE TITHE OF THY CORN AND WINE AND OIL, AND THE FIRSTBORN OF BEASTS. 1 That is to say, from the place whence thou bringest the tithe of corn, thou bringest the firstborn of beasts; since thou canst not bring the tithe of corn from outside the land of Israel, neither canst thou bring the firstborn of beasts from outside the land of Israel.

Shimeon, 2 the son of Zoma said: May it not be that as the Law distinguishes between the most holy things and lesser holy things, so also it makes a distinction between the firstborn of beasts and the Second tithe? The customary argument (which proves that there is no difference between the two) is: Since they must both be brought to the temple, therefore they must both be consumed within its walls. (But the analogy is not complete), for the time of the eating of the firstborn of beasts is limited, hence the place of its eating is likewise limited; whereas the time of eating of the Second tithe is not limited. Therefore, since the time of its eating is not limited, neither can the place of its eating

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be limited (to within the temple walls). Scripture says: AND THOU SHALT EAT BEFORE THE LORD THY GOD THE TITHE OF THY CORN AND WINE AND OIL, AND THE FIRSTBORN OF BEASTS. Therefore since the firstborn of beasts is only eaten within the temple walls, so the Second tithe is only eaten within the Temple walls.

6. R. Ishmael 1 says: Ought a man to bring up the Second tithe to Jerusalem at this time 2 and eat it? The customary argument would be: Since the firstborn of beasts must be brought to the temple and the Second tithe must be brought to the temple, therefore as the firstborn of beasts is only consumed within the temple, so the Second tithe can only be consumed within the temple. (But the analogy is not complete), for not as thou dost argue in the case of the firstborn of beasts--where there are sprinklings of blood and sacrificial portions laid on the altar--canst thou argue in the case of the Second tithe, where there are no sprinklings and no sacrificial portions. Should the case of the offering of firstfruits be brought forward as an argument, in which are no sprinklings and no sacrificial portions, and which may only be consumed within the temple, (it can be answered that the analogy here is not complete,) for not as thou dost argue in the case of the firstfruits which must be laid before the altar, canst thou argue in the case of the Second tithe which is not to be laid before the altar. (But such a distinction cannot be drawn, for) Scripture says: AND THOU SHALT EAT BEFORE THE LORD THY GOD THE TITHE OF THY CORN AND WINE AND

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[paragraph continues] OIL, AND THE FIRSTBORN OF BEASTS. As the first- born of beasts is only eaten within the temple, so the Second tithe can only be eaten within the temple.

Others say: May it not be with the firstborn, that after the first year has elapsed it becomes like unfit offerings, and so unfit to be brought up to Jerusalem? Scripture says: THOU SHALT EAT BEFORE THE LORD THY GOD THE TITHE OF THY CORN AND WINE AND OIL, AND THE FIRSTBORN, etc. If this were intended to teach that the firstborn can only be consumed within the temple, it would be superfluous, since it has already been said: 1 BEFORE THE LORD THY GOD THOU SHALT EAT IT YEAR BY YEAR. Or if it were intended to teach that the Second tithe can only be consumed within the temple, it would be superfluous, since it has already been said: 2 THOU SHALT NOT BE ABLE TO CONSUME IT WITHIN THY GATES. Then why does it say, THE TITHE OF THY CORN AND WINE AND OIL, AND THE FIRSTBORN? It compares the firstborn with the Second tithe: as the Second tithe must be consumed from year to year to year, so the firstborn must be consumed from year to year. 3

Footnotes

38:3 Jerusalem and the Temple precincts.

38:4 Deut. 13. 12 ff. A city, the majority of whose inhabitants turn idolaters. See M. x. 4 ff.

38:5 Because of its national importance.

39:1 Numb. 19. 2 ff.

39:2 Deut. 21. 1-9.

39:3 See M. II. 2.

39:4 Lev. 4. 13-14.

39:5 Fuller details of the consecration ceremonies are given in Mishnah Shebuoth II. 1.

39:6 If the consecration is not complete, those who enter cannot be said to trespass against holy things.

39:7 For this, an interpretation based on Neh. 12. 31, see Sheb. 15 a.

39:8 Is thought to have been a pupil of R. Akiba. He was a student of the old methods of Temple worship, and compiled a number of traditions which, differing from the accepted views, are sometimes quoted in the later collections. Cf. T. xii. 7, 8, 10.

39:9 Which, together with prophet and Sanhedrin of Seventy-one members were necessary for valid consecration; see Sheb. 2. 1.

39:10 For the list of these sacrifices of lesser holiness, see Zebachim 5. 6. The reading of B. Sheb. 16 a, is here adopted. Text of T. is confused. Zuck. reads "In the lower one . . . the common p. 40 people used to eat the lesser holy things, and the more learned the lesser holy things but not the Second tithe."

40:1 Deut. 14. 23.

40:2 R. Shimeon b. Zoma was one of the second generation of Tannaim, c. 120 A.D.

41:1 R. Ishmael (ben Elisha), lived at the end of the first and the beginning of the second century. His chief title to fame rests on his "Thirteen Rules of Interpretation," based on the seven rules drawn up by Hillel (see T. vii. 11.). His method is less mechanical than that of R. Akiba, placing greater stress on the simple meaning of a passage rather than on verbal peculiarities. He held that "the Law is written in everyday language."

41:2 When no temple exists in which to consume the offerings.

42:1 Deut. 15. 20.

42:2 Deut. 12. 17.

42:3 And therefore does not become invalid after the first year.

Next: Concerning the Number of Members in the Greater and Lesser Sanhedrins

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r holy things, so also it makes a distinction between the firstborn of beasts and the Second tithe? The customary argument (which proves that there is no difference between the two) is: Since they must both be brought to the temple, therefore they must both be consumed within its walls. (But the analogy is not complete), for the time of the eating of the firstborn of beasts is limited, hence the place of its eating is likewise limited; whereas the time of eating of the Second tithe is not limited. Therefore, since the time of its eating is not limited, neither can the place of its eating