Talmud for Sotah 88:19

אי גמר לגמרה לכולה מילתא מהתם זקניך ושופטיך למה לי אלא וי"ו ושופטיך למנינא ורבי שמעון

MISHNAH. [THE DECLARATION OVER] THE HEIFER WHOSE NECK IS TO BE BROKEN MUST BE IN THE HOLY TONGUE; AS IT IS SAID, IF ONE BE FOUND SLAIN IN THE EARTH … THEN THY ELDERS AND THY JUDGES SHALL COME FORTH.17 THREE USED TO GO FORTH FROM THE SUPREME COURT IN JERUSALEM; R. JUDAH SAYS: FIVE, AS IT IS STATED, THY ELDERS, I.E., TWO, 'AND THY JUDGES' I.E., TWO, AND SINCE A COURT OF JUSTICE CANNOT CONSIST OF AN EVEN NUMBER, THEY ADD ONE MORE. IF [THE CORPSE] WAS FOUND HIDDEN IN A HEAP OF STONES, OR HANGING ON A TREE, OR FLOATING UPON THE SURFACE OF THE WATER, THEY DO NOT BREAK [A HEIFER'S NECK]. BECAUSE IT IS STATED, 'IN THE EARTH' — AND NOT HIDDEN IN A HEAP OF STONES, NOR HANGING ON A TREE IN A FIELD, NOR FLOATING UPON THE SURFACE OF THE WATER. IF IT WAS FOUND NEAR TO THE FRONTIER, OR A CITY THE MAJORITY OF WHOSE INHABITANTS WERE HEATHENS, OR A CITY IN WHICH THERE IS NO COURT OF JUSTICE, THEY DO NOT BREAK [A HEIFER'S NECK]. THEY ONLY MEASURE18 THE DISTANCE TO A CITY IN WHICH THERE IS A COURT OF JUSTICE. GEMARA. How does [the author of the Mishnah] prove his point?19 — R. Abbahu said: This is what he intends: It is stated: And they shall answer and say20 and elsewhere it is stated: And the Levites shall answer and say etc.,21 as the answering mentioned in this latter passage was in the holy tongue, so here also it was in the holy tongue, and as to the procedure in the ceremony of the heifer whose neck was to be broken — IF ONE BE FOUND SLAIN IN THE EARTH … THEN THY ELDERS AND THY JUDGES SHALL COME FORTH. THREE USED TO GO FORTH FROM THE SUPREME COURT IN JERUSALEM; R. JUDAH SAYS: FIVE etc. Our22 Rabbis taught: 'Then thy elders and thy judges shall come forth' — 'thy elders', i.e., two, 'and thy judges', i.e., two, and since a Court of justice cannot consist of an even number, they add one more; hence there were five. Such is the statement of R. Judah; but R. Simeon says: 'Thy elders', i.e., two, and since a Court of Justice cannot consist of an even number, they add one more; hence there were three. But for R. Simeon also it is written 'and thy judges'! — He requires that for [the teaching that they must be] the most distinguished of thy judges. And [where does] R. Judah [derive the teaching that they must be the most distinguished]? — It follows from 'thy' in 'thy elders'.23 [How does] R. Simeon [meet this argument]? — If the All-Merciful had only written 'elders', I might have thought that even old men from the market-place [would suffice]; therefore the All-Merciful wrote 'thy elders'. If, further, the All-Merciful had only written 'thy elders', I might have thought that even [members of] a minor Sanhedrin24 [would suffice]; therefore the All-Merciful wrote 'and thy judges' i.e., the most distinguished of thy judges. [Where does] R. Judah [derive the teaching that they must be members of the Supreme Court]? — He draws an analogy between the use of the word 'elders' here and in the phrase the elders of the Congregation;25 as it there denotes the most distinguished men of the congregation so here also it denotes the most distinguished men of the congregation. If he makes a deduction, then let him deduce the whole from there and what is the necessity of 'and thy judges'!<span class="x" onmousemove="('comment',' In Sanh. 3b it is argued that Lev. IV, 15 must be interpreted in the sense that five elders are required; that being so, why does not R. Judah use that argument and not 'and thy judges' for his opinion that five are necessary? ');">26 — But the 'and' in 'and thy judges' [denotes that the phrase is to be used] for obtaining the requisite number. [How does] R. Simeon [meet this argument]?27

Jerusalem Talmud Sotah

³⁴The parallel text is in Sanhedrin1:3. There³⁵Mishnah Sanhedrin 1:3., we have stated: The leaning of the hands of the Elders³⁶Lev. 4:15. If the entire community (or their representative, the High Court) have erred, the purification offering requires that the Elders shall lean their hands on the head of the bull. and the breaking of the neck of the calf is done by three [judges]; Rebbi Jehudah says, by five. What is the reason of Rebbi Simeon? “The Elders shall lean³⁷Lev. 4:15; Babli 44b. The quote of the verb is unnecessary. The plural “Elders” means “at least two Elders,”, cf. Note 5.,” two. No court has an even number of members; one adds another one, that makes three. What is the reason of Rebbi Jehudah? “They shall lean,” two; “the Elders,” two. No court has an even number of members; one adds another one, that makes five. And for the calf whose neck is broken, what is the reason of Rebbi Simeon? “Your Elders, your judges,³⁸Deut. 21:2; Sifry Deut. 205.” two. No court has an even number of members; one adds another one, that makes three. What is the reason of Rebbi Jehudah? “Your Elders shall go out,” two, “and your judges,” two. No court has an even number of members; one adds, that makes five. Rebbi said, the words of Rebbi Simeon are reasonable for the leaning of the hands and those of Rebbi Jehudah for the breaking of the neck. The words of Rebbi Simeon are reasonable for the leaning of the hands, for he does not refer to “they shall lean”³⁹Since the number of the verb is in general determined by the number of the subject, this number cannot be considered independent information.. And those of Rebbi Jehudah for the breaking of the neck, for he does not refer to “they shall go out.⁴⁰This argument is less clear since R. Simeon likewise does not refer to the verb. The difference between R. Simeon and R. Jehudah is that for R. Jehudah “Elders, judges” represent independent plurals but for R. Simeon one is restricted to “judges who are Elders” (the Babli concurs in this, 34b).” If you would say that the words of Rebbi Jehudah are reasonable for the calf whose neck is broken because he refers to both to “they shall lean” and “they shall go out,” it turns out that you have to say “there shall go out” two, “your Elders” two, “and your judges,” two. No court has an even number of members; one adds another one, that makes seven⁴¹Since this number is never mentioned, no author considers the plural form of the verb as information.. How do the rabbis⁴³In the Babli, “the select of your judges”, i. e., one disqualifies any judges who are not members of the High Court. explain “your Elders and your judges”? Your Elders who are your judges⁴³In the Babli, “the select of your judges”, i. e., one disqualifies any judges who are not members of the High Court.. It was stated⁴⁴Babli 45a, Sanhedrin 14b.: Rebbi Eliezer ben Jacob says “your Elders,” that is the High Court; “and your judges” these are king and High Priest⁴⁵He requires the entire High Court to appear (Rashi in Babli 45a). The king (or, in a tribal society, the head of the tribe) is involved since he represents the police powers who alone can determine whether the murderer is unknown. The High Priest is involved since he has to send the priests to conduct the ceremony..

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