Reference for Sanhedrin 62:21
<br><br><big><strong>הדרן עלך זה בורר</strong></big><br><br>
he [the defendant] must attend the court in his<span class="x" onmousemove="('comment',' The plaintiff's. ');"><sup>18</sup></span> home town. And if it is necessary to consult [the Assembly], the matter is written down and forwarded to them. And if the litigant<span class="x" onmousemove="('comment',' Who declined to appear before the local court, v. Tosaf. ');"><sup>19</sup></span> says 'Write down the grounds on which you made your decision and give them to me,<span class="x" onmousemove="('comment',' So that he might ascertain the legality of their decision. ');"><sup>20</sup></span> they must write them down and give him the document. The Yebamah<span class="x" onmousemove="('comment',' [H] fem. of [H] v. Glos. ');"><sup>21</sup></span> is bound to follow the Yabam [to his own town] that he may release her.<span class="x" onmousemove="('comment',' From the obligations of levirate marriage. ');"><sup>22</sup></span> How far? — R. Ammi answered: Even from Tiberias to Sepphoris.<span class="x" onmousemove="('comment',' Although the court in the former city was more eminent (Rashi). Actually, these two towns were near to each other. ');"><sup>23</sup></span> R. Kahana said: What verse proves it? — Then the elders of his city shall call him;<span class="x" onmousemove="('comment',' Deut. XXV, 8. ');"><sup>24</sup></span> but not the elders of her city. Amemar said: The law is that he is compelled to go to the place of the Assembly.<span class="x" onmousemove="('comment',' Referring to a dispute between litigants regarding the place of trial. ');"><sup>25</sup></span> R. Ashi said to him: Did not R. Eleazar say, He is compelled to attend court in his [opponent's] town? — That is only where the debtor demands it<span class="x" onmousemove="('comment',' To go to the Assembly. ');"><sup>26</sup></span> of the creditor; but if the creditor [demands, it, the debtor must submit, for] The borrower is servant to the lender.<span class="x" onmousemove="('comment',' Prov. XXII, 7. ');"><sup>27</sup></span> A message was once sent<span class="x" onmousemove="('comment',' By the judicial court in Palestine. ');"><sup>28</sup></span> to Mar 'Ukba:<span class="x" onmousemove="('comment',' He held the office of Ab-Beth-din in Kafri near by Nehardea, and was a contemporary of Samuel Yarhinai. v. Sabb. 55a; Rashi, Kidd. 44b. ');"><sup>29</sup></span> 'To him whose lustre is like that of the son of Bithia,<span class="x" onmousemove="('comment',' Moses (Rashi). V. p. 102. [Or, 'like the Son of the House', an honorific title among the Persian nobility, Funk, op. cit., I, 33, n. 1.] ');"><sup>30</sup></span> Peace be with thee. 'Ukban the Babylonian has complained to us, saying: "My brother Jeremiah has obstructed my way."31 Speak therefore to him, and see that he meets us in Tiberias.' But is this not self-contradictory? First you say, 'Speak to him,'i.e., judge him;<span class="x" onmousemove="('comment',' Hence, in Babylonia. ');"><sup>32</sup></span> and then you add, 'See that he meets us in Tiberias,' shewing [that they told him], Send him hither! — What they meant was: Speak to him and judge him;<span class="x" onmousemove="('comment',' I.e., Judge you the case first. ');"><sup>33</sup></span> if he accepts your decision, well and good; if not, see to it that he appears before us in Tiberias.<span class="x" onmousemove="('comment',' Hence we see that even where the plaintiff desired the defendant to appear in another court, yet at the outset preference was given to the local court. ');"><sup>34</sup></span> R. Ashi says: This was a case of Kenas, and in Babylonia they could not try cases of Kenas.<span class="x" onmousemove="('comment',' V. B.K. 84a. ');"><sup>35</sup></span> But as for their sending him a message in such terms,<span class="x" onmousemove="('comment',' Implying that they asked him to judge the case himself. ');"><sup>36</sup></span> that was only to shew respect to Mar 'Ukba.