Mishnayos Horayos Perek 1 Mishnah 4
ืืืจืืืช ืคืจืง ืืณ ืืฉื ื ืืณ
4
If the court issued a ruling, and one of the judges knew that they erred and he said to them: You are mistaken; or if the most distinguished [mufla] member of the court was not there for that session of the Sanhedrin, or if one of the judges was disqualified from serving as a judge, e.g., because he was a convert, or a child born from an incestuous or adulterous relationship [mamzer], or a Gibeonite, or an old man no longer able to father children, this court is exempt, because they have not rendered a full-fledged ruling. This is derived by means of a verbal analogy, as โassemblyโ is stated here with regard to a court that issues an erroneous ruling: โAnd if the entire assembly of Israel shall act unwittinglyโ (Leviticus 4:13), and โassemblyโ is stated there with regard to the halakha of one who commits murder unwittingly: โAnd the assembly shall judge between the one who struck and the blood redeemerโ (Numbers 35:24). Just as in the โassemblyโ stated there, with regard to the unwitting murderer, all the judges must be fit to issue rulings, so too, in the โassemblyโ stated here, with regard to the court that issued an erroneous ruling; the court will not be liable unless all the judges will be fit to issue rulings. If the judges of the court issued an erroneous ruling unwittingly and the entire congregation performed a transgression unwittingly on the basis of their ruling, the court brings a bull, as it is stated in the Torah with regard to an unwitting communal sin-offering. If the court issued the erroneous ruling intentionally, as they knew that their ruling was incorrect, and the congregation performed a transgression unwittingly on the basis of the ruling of the court, each member of the congregation brings a female lamb or a female goat as an individual sin-offering. If the court issued the erroneous ruling unwittingly and the congregation performed a transgression intentionally, i.e., with the knowledge that the ruling of the court was erroneous, these people are exempt from bringing an offering.
ืืึนืจืึผ ืึตืืช ืึผึดืื, ืึฐืึธืึทืข ืึถืึธื ืึตืึถื ืฉืึถืึผึธืขืึผ, ืึฐืึธืึทืจ ืึธืึถื ืืึนืขึดืื ืึทืชึผึถื, ืืึน ืฉืึถืึผึนื ืึธืึธื ืึปืคึฐืึธื ืฉืึถื ืึผึตืืช ืึผึดืื ืฉืึธื, ืืึน ืฉืึถืึธืึธื ืึทืึทื ืึตืึถื ืึผึตืจ ืืึน ืึทืึฐืึตืจ ืืึน ื ึธืชึดืื ืืึน ืึธืงึตื ืฉืึถืึผึนื ืจึธืึธื ืืึน ืึธื ึดืื, ืึฒืจึตื ืึตืึผืึผ ืคึฐืืึผืจึดืื, ืฉืึถื ึผึถืึฑืึทืจ ืึผึธืื ืขึตืึธื (ืืืงืจื ื) ืึฐื ึถืึฑืึทืจ ืึฐืึทืึผึธื (ืืืืืจ ืื) ืขึตืึธื, ืึธื ืขึตืึธื ืึธืึฒืืึผืจ ืึฐืึทืึผึธื ืขึทื ืฉืึถืึผึดืึฐืืึผ ืึปืึผึธื ืจึฐืืึผืึดืื ืึฐืืึนืจึธืึธื, ืึทืฃ ืขึตืึธื ืึธืึฒืืึผืจึธื ืึธืื ืขึทื ืฉืึถืึผึดืึฐืืึผ ืึปืึผึธื ืจึฐืืึผืึดืื ืึฐืืึนืจึธืึธื. ืืึนืจืึผ ืึตืืช ืึผึดืื ืฉืืึนืึฐืึดืื ืึฐืขึธืฉืืึผ ืึธื ืึทืงึผึธืึธื ืฉืืึนืึฐืึดืื, ืึฐืึดืืึดืื ืคึผึธืจ. ืึฐืึดืืึดืื ืึฐืขึธืฉืืึผ ืฉืืึนืึฐืึดืื, ืึฐืึดืืึดืื ืึผึดืฉืึฐืึผึธื ืึผืฉืึฐืขึดืืจึธื. ืฉืืึนืึฐืึดืื ืึฐืขึธืฉืืึผ ืึฐืึดืืึดืื, ืึฒืจึตื ืึตืึผืึผ ืคึฐืืึผืจึดืื:
ืืณ
ืืจืื ืืจื
.And one of them knew that they had erred, etc. โ As it is written (Leviticus 4) โAnd if the whole congregation of Israel shall err, until they will all agree that they acted in error.
Mufla of the beit din โ the most important/knowledgeable, the head of a yeshiva.
An elder who did not have children โ He is not fit to judge in capital cases because he is cruel and will not be compassionate.
It says later on โcongregationโ โ the congregation was judged.
Just as the โcongregationโ further on, etc. โ As it is said that in the Sanhedrin (Numbers 11) โthat they may stand there with you,โ meaning like you, with a distinguished lineage like you. Except for a convert, a nateen (variously translated as โsubjectโ and โTemple slaveโ) and a mamzer (child of an illicit marriage) who are not fit to judge in capital cases.
Intentionally โ The beit din knew that the matter was forbidden and is exempt from bringing a communal sacrifice because one who wilfully transgresses does not bring a sacrifice. Those who transgress in error bring a ewe or a female goat as an individual sin-offering.
[If the court ruled] unwittingly and [the people] acted willingly accordingly, they are exempt โ The beit din is exempt because they did not act, the people acted according to the ruling and not did not make their actions dependent on the beit din because they knew the beit din ruled wrongly. Everyone who acted is exempt because they acted willfully and those who sin wilfully do not bring a sacrifice.
ืืืืข ืืื ืืื ืฉืืขื ืืืืณ ืืืืจ ืงืจื (ืืืงืจื ืืณ:ืืดื) ืืื ืื ืขืืช ืืฉืจืื ืืฉืื, ืขื ืฉืืืื ืืืื ืืกืืืืื ืืฉืืื:
ืืืคืื ืฉื ืืืช ืืื. ืืืืื ืฉืืื, ืจืืฉ ืืืฉืืื:
ืืงื ืฉืื ืจืื ืื ืื. ืืื ื ืจืืื ืืืื ืืื ื ื ืคืฉืืช, ืฉืกืชืื ืฉืืื ืืืืจื ืืื ืืจืื:
ืื ืืืจ ืืืื ืขืื. ืืฉืคืื ืืขืื:
ืื ืขืื ืืืืืจื ืืืื ืืืืณ ืฉื ืืืจ ืืกื ืืืจืื (ืืืืืจ ืืดื:ืืดื) ืืืชืืฆืื ืฉื ืขืื, ืืืืืื ืื, ืืืืืกืื ืืืืชื. ืคืจื ืืืจ ืืื ืชืื ืืืืืืจ ืฉืืื ื ืจืืืืื ืืืื ืืช ืืกื ืืืจืื:
ืืืืืื. ืฉืืืขื ืืืช ืืื ืฉืืืืจ ืืกืืจ, ืคืืืจืื ืืงืจืื ืฆืืืจ, ืืืืื ืืื ืืจ ืงืจืื ืืื. ืืืขืืฉืื ืฉืืื, ืืืืืื ืืฉืื ืื ืฉืขืืจื ืืืืช ืืืื:
ืฉืืืืื ืืขืฉื ืืืืืื ืืื ืืืื ืคืืืจืื. ืืืช ืืื ืคืืืจืื ืฉืืจื ืื ืขืฉื ืืงืื ืืคื ืืืจืืชื ืืื ืชืื ืืขืฉืืื ืืืืช ืืื, ืฉืืจื ืืืขื ืฉืืืช ืืื ืืขื. ืืื ืืขืืฉืื ืคืืืจืื, ืฉืืจื ืืืืืื ืื ืืืืื ืืื ืืจ ืงืจืื ืืื: