Quoting%20commentary for Sanhedrin 30:13
ואפילו ר' יונתן לא קאמר אלא רובו אבל כולו לא אמר רב מתנה הכא
What then does he acquire? — He acquires [merit] in the sight of Heaven. There is [a Baraitha] taught which is in agreement with Resh Lakish: It is all one whether it be an ox, or any other beast or animal that killed a man, [it is judged] by twenty-three. R. Eliezer says: Only an ox that killed [is tried] by twenty-three, but any other animal or beast who killed, whoever is first to kill them acquires merit in the sight of Heaven.<span class="x" onmousemove="('comment',' Tosef. Sanh. III. ');"><sup>24</sup></span> R. AKIBA SAID etc. Is not R. Akiba's opinion identical with that of the first Tanna [of the Mishnah]?<span class="x" onmousemove="('comment',' Why then state his view as though he differed with the first Tanna? ');"><sup>25</sup></span> — [No;] they differ in the case of a serpent.<span class="x" onmousemove="('comment',' Which, according to R. Akiba, can be killed even without trial. ');"><sup>26</sup></span> A WHOLE TRIBE MUST NOT BE JUDGED etc. What sin was committed by the tribe? Shall I say, that it is a case of a tribe that desecrated the Sabbath? But<span class="x" onmousemove="('comment',' Lit., 'Say'. ');"><sup>27</sup></span> if the Divine Law made a distinction between individual sinners and a multitude, it was only in cases of idolatry; did it then differentiate in cases [of the transgression] of other commandments? — It must therefore refer to a tribe that was beguiled [into idolatry]. Is it to imply that it must be tried like a multitude? [If so,] this coincides with the opinion of neither R. Josiah nor R. Jonathan. For it has been taught: How many inhabitants must a town have that it may be proclaimed condemned? Not less than ten and not more than a hundred:<span class="x" onmousemove="('comment',' Only a town, referred to as 'ir (v. Deut. XIII, 14) can be condemned. R. Josiah holds that a community of less than ten is a village (kefar) and one of more than a hundred is an entire community, of which the 'city' is only a part. ');"><sup>28</sup></span> this is the view of R. Josiah. R. Jonathan says: From a hundred to the majority of the tribe in question. And even R. Jonathan admits only the majority of a tribe, but not the whole of it.<span class="x" onmousemove="('comment',' For in the case of a whole tribe, the members are to be tried individually as when an entire community, as distinct from a town, practises idolatry (v. preceding note). ');"><sup>29</sup></span> The case in question, says R. Mathna, is one
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