Reference for Sanhedrin 172:20

<big><strong>גמ׳</strong></big> תנו רבנן כי יפלא ממך דבר

<b><i>MISHNAH</i></b>. 'AN ELDER REBELLING AGAINST THE RULING OF BETH DIN' [IS STRANGLED],<span class="x" onmousemove="('comment',' I.e., in a matter not explicitly stated in the Torah but for which Beth din must give a ruling, either by Biblical interpretation or their own reasoning. This interpretation is borne out by the general context of the Mishnah. Cf. also R. Judah and R. Simeon's views on same (87a), and the while of the discussion in the Talmud as to the type of rulings in virtue of which one is adjudged a rebellious elder. Krauss, Sanhedrin-Makkot a.l. however points out that the verb [H] is constructed with [H] or [H] of the accusative of person, not [H]. Consequently he translates: The elder (who is declared) rebellious on account of a ruling of the (upper) Beth din. Cp. Rashi, on Mishnah, 84b. ');">¹⁷</span> FOR IT IS WRITTEN IF THERE ARISE A MATTER TOO HARD FOR THEE FOR JUDGEMENT [etc.].<span class="x" onmousemove="('comment',' Deut. XVII, 8. This proves that the reference is to a question not explicitly dealt with in the Torah, since it is 'too hard' for judgement. ');">¹⁸</span> THREE COURTS OF LAW WERE THERE,<span class="x" onmousemove="('comment',' In Jerusalem; cf. Then thou shalt arise, and get thee up into the place which the Lord thy God shall choose (ibid.). ');">¹⁹</span> ONE SITUATE AT THE ENTRANCE TO THE TEMPLE MOUNT,<span class="x" onmousemove="('comment',' (In the east gate of the Women's Court (Rashi). ');">²⁰</span> ANOTHER AT THE DOOR OF THE [TEMPLE] COURT,<span class="x" onmousemove="('comment',' Is the Court of the Israelites. ');">²¹</span> AND THE THIRD IN THE HALL OF HEWN STONES.<span class="x" onmousemove="('comment',' This was partly within and partly without the Temple (Yoma 25a). ');">²²</span> THEY<span class="x" onmousemove="('comment',' The elder and the other members of the local Beth din, with whom he was in dispute. ');">²³</span> [FIRST] WENT TO THE <i>BETH DIN</i> WHICH IS AT THE ENTRANCE TO THE TEMPLE MOUNT, AND HE [THE REBELLIOUS ELDER] STATED, THUS HAVE I EXPOUNDED AND THUS HAVE MY COLLEAGUES EXPOUNDED; THUS HAVE I TAUGHT, AND THUS HAVE MY COLLEAGUES TAUGHT. IF [THIS FIRST <i>BETH DIN</i>] HAD HEARD [A RULING ON THE MATTER], THEY STATE IT. IF NOT, THEY GO TO THE [SECOND <i>BETH DIN</i>] WHICH IS AT THE ENTRANCE OF THE TEMPLE COURT, AND HE DECLARES, THUS HAVE I EXPOUNDED AND THUS HAVE MY COLLEAGUES EXPOUNDED; THUS HAVE I TAUGHT AND THUS HAVE MY COLLEAGUES TAUGHT. IF [THIS SECOND <i>BETH DIN</i>] HAD HEARD [A RULING ON THE MATTER]. THEY STATE IT; IF NOT, THEY ALL PROCEED TO THE GREAT <i>BETH DIN</i> OF THE HALL OF HEWN STONES WHENCE INSTRUCTION ISSUED TO ALL ISRAEL, FOR IT IS WRITTEN, [WHICH THEY] OF THAT PLACE WHICH THE LORD SHALL CHOOSE [SHALL SHEW THEE].<span class="x" onmousemove="('comment',' Ibid. 10. ');">²⁴</span> IF HE RETURNED TO HIS TOWN AND TAUGHT AGAIN AS HERETOFORE, HE IS NOT LIABLE. BUT IF HE GAVE A PRACTICAL DECISION, HE IS GUILTY, FOR IT IS WRITTEN, AND THE MAN THAT WILL DO PRESUMPTUOUSLY,<span class="x" onmousemove="('comment',' Ibid 12a name=" 86b_26"=""> I.e., one who is not ordained, and hence has no authority to give a ruling at all. ');"&gt;²⁵</span> [SHEWING] THAT HE IS LIABLE ONLY FOR A PRACTICAL RULING. BUT IF A DISCIPLE<a rel="footnote" href="#86b_26">²⁶</a> GAVE A PRACTICAL DECISION [OPPOSED TO THE <i>BETH DIN</i>], HE IS EXEMPT:<span class="x" onmousemove="('comment',' Because his ruling is not likely to be accepted. ');">²⁷</span> THUS THE VERY STRINGENCY OF HIS [ORDINATION] IS [A SOURCE OF] LENIENCY FOR HIM.<span class="x" onmousemove="('comment',' It was exceedingly difficult to obtain ordination, none under the age of forty receiving it. This very difficulty protected him, since without being ordained he was not liable to the penalty of a rebellious elder. ');">²⁸</span> <b><i>GEMARA</i></b>. Our Rabbis taught: If a thing be outstandingly difficult [yippale] for thee<span class="x" onmousemove="('comment',' [H] Ibid. 8. ');">²⁹</span>

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