Tosefta for Sanhedrin 176:19

בציצית מאי סבירא לן אי סבירא לן דקשר העליון לאו דאורייתא האי לחודיה קאי והאי לחודיה קאי ואי סבירא לן

[BUT IF HE RULES THAT THE TEFILLIN MUST CONTAIN] FIVE COMPARTMENTS, THUS ADDING TO THE WORDS OF THE SCRIBES,15 HE IS LIABLE. GEMARA. R. Eleazar said in R. Oshaia's name: He is liable only for a matter of which the fundamental law is Biblical, whilst its interpretation is of the Scribes, and in which there is room for addition, which addition, however, is the equivalent of subtraction. Now, the only precept [fulfilling these conditions] is that of tefillin.<span class="x" onmousemove="('comment',' The fundamental law of wearing tefillin is Biblical. By Rabbinic interpretation, the head-tefillin must contain four compartments, with inscriptions in each. Hence it is possible to rule that it should consist of a greater number. But if this is done, the tefillin is unfit, so that the addition amounts to subtraction of its fitness. ');">16 Now, this statement was made according to R. Judah.17 But is there not the lulab,18 the fundamental law of which is Biblical.19 the interpretation Rabbinical,20 there being room for addition,21 which addition amounts to subtraction?22 — Now, what is our opinion? If we hold that the lulab need not be bound [with the other two species],23 each stands apart.24 Whilst if we maintain that the lulab needs binding, it is defective from the very outset.<span class="x" onmousemove="('comment',' I.e., as soon as more than the three species are bound together, the combination is invalid. But in the case of phylacteries, when four compartments are made, the head-tefillin is valid; when a fifth is added, it becomes invalid. ');">25 But is there not the law of fringes, the basic precept of which is Biblical,26 the interpretation Rabbinical, there is room for addition,27 whilst such addition amounts to subtraction?28 — What is our opinion? If we maintain that the upper knot is not required by Biblical law, they are separate from each other;<span class="x" onmousemove="('comment',' The fringes are inserted through a hole and knotted near the edge of the garment. It is disputed whether this is really necessary by Biblical law. If not, then even when made the fringes are regarded as hanging apart and distinct. Consequently, if five instead of four were inserted and knotted, four fulfil the precept, whilst the fifth may be disregarded entirely, without rendering the rest invalid. ');">29 whilst if we hold

Tosefta Chagigah

In their days (i.e., the days of the pairs), they only argued about the laying of hands (i.e., whether the owner of a peace offering must lean his hands against the animal before it is sacrificed, see Chag. 2:2). There were five pairs. Three of the first pairs said not to lay on hands and two of the last pairs said to lay on hands. Three were Nesi'im (princes) and two (of them) were the heads of courts, the words of R. Meir. R. Judah said Simon ben Shetah was Nasi (prince) and Judah ben Tabbai the head of the court. Said R. Yose: Originally there were no arguments in Israel. Rather, a 71 member court sat in the chamber of hewn stone (the Sanhedrin) and other courts of 23 existed in the cities of Erez Yisrael. And two courts of 3 apiece were in Jerusalem, one on the Temple Mount and one in Chayil. When one of them was necessary [a person] goes to the court in his city. No court (in his city)--[the person] goes to the court near his city. If they heard, they say to him; if not, he and their most distinguished member go to the court on the Temple Mount. If they heard, they say to him; if not, he and their most distinguished member go to the court in Hayil. If they heard they say to him; if not these and these arrive at the court in the chamber of hewn stone (And the court of the chamber of hewn stone even though it is 71, it can never have less than 23. If one of them needs to leave, he sees if there will be 23 he may leave; if not, he may not leave until there are 23. They would sit from the offering of the morning sacrifice until the offering of the afternoon sacrifice. And on Sabbaths and Festivals they would enter the Beit Midrash on the Temple Mount.) If they heard they say to them, and if not, they establish a quorum and take a roll. If the majority says impure it is impure. If the majority says pure it is pure. From there the Halakhah (law) goes out widespread in Israel. When there increased the students of Shammai and Hillel who did not properly apprentice, conflict increased in Israel and it became as though there were two Torahs (Sanh. 88b:7). And for there they would sit and inspect. Whoever was wise and humble and abundant and sin-fearing and mature and getting along with other people they make him a judge in his city. After being made a judge in his city they could elevate and set him on the Temple Mount and from there they could elevate and seat him in Chayil and from there they can elevate and seat him in the chamber of hewn stone and from there they sit and inspect the lineages of the priests and levites. A priest in whom has been found a blemish wears black and wraps in black, exits and leaves. One in whom not a blemish is found wears white and wraps in white, enters and serves with his brothers the priests. They would make a holiday that not a blemish was found among the children of Aaron. And he would bring a tenth of an Eifah of his own flour and do the service with his own hands even though it is not his priestly shift. A high priest and a regular priest who served before bringing their tenth of an Eifah their service is acceptable.

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