meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nezikin/Mishnah Horayot/English/Mishnah Yomit by Dr. Joshua Kulp.txt"}
text: Mishnah Horayot
  משנה הוריות
  Mishnah Yomit by Dr. Joshua Kulp
  
  
  Mishnah Horayot
  
  
  
  
  
  If the court ruled that one of the commandments mentioned in the Torah may be transgressed, and an individual proceeded and acted through error in accordance with their ruling, whether they acted and he acted with them or they acted and he acted after them or even if they did not act and he acted, he is exempt,  because he relied on the court. If the court ruled [in error], and one of them knew that they had erred, or a disciple who was himself fit to rule on matters of law, and [one of these] proceeded and acted in accordance with their ruling, whether they acted and he acted with them or they acted and he acted after them or even if they did not act and he acted, he is liable, since he did not rely upon the court. This is the general rule: he who is [in a position] to rely upon himself is liable, and he who relies upon the court is exempt.
  If a court ruled, and later discovered that they had erred and changed their decision, whether they brought their offering or whether they did not bring their offering, if an individual proceeded and acted in accordance with their [erroneous] decision, Rabbi Shimon exempts him and Rabb Elazar declares [his case] doubtful. Which case may be regarded doubtful? If he was at home, he is liable. If he went abroad, he is exempt. Rabbi Akiba said: I agree that a person in such a case is nearer to exemption than to culpability. Said Ben Azzai to him: how does such a person differ from one who remains at home? He who remains at home is in a position to ascertain the facts but the other was not in such a position.
  If the court ruled that an entire principle has to be uprooted; if they said that [the law concerning the] menstruant is not found in the Torah or the [law concerning the] Sabbath is not found in the torah or [the law concerning] idolatry is not found in the torah, they are exempt. If, however, they ruled that a part [of a commandment] was to be annulled and a part fulfilled, they are liable. How is this so?  If they said: [the law concerning the] menstruant occurs in the Torah but if a man has relations with a woman that awaits a day corresponding to a day he is exempt, [or that the law concerning the] Sabbath occurs in the Torah but if a man carries anything from a private domain to a public domain he is exempt, [or that the law of] idolatry occurs in the Torah, but if a man only bows down to an idol he is exempt, they are liable, for it says, “And if some matter escapes [the notice of the congregation]” (Leviticus 4:13),  “some matter” but not the entire principle.
  If the court ruled and one of them knew that they had erred and said to the others, “You are making a mistake”, or if the mufla of the court was not there, or if one of them was a proselyte or a mamzer or a nathin or an elder who did not have children, they are exempt, for it says here (Lev 4:13) “congregation” and it says later on (Num 35:24) “congregation”;  just as the “congregation” further on must be fit to issue rulings, so too the “congregation” mentioned here must be fit to issue rulingsIf the court issued a [wrong] decision unwittingly and all the people acted unwittingly, they bring a bull. [If the court ruled wrong] intentionally and [the people] acted unwillingly, they bring a lamb or a goat. [If the court ruled] unwittingly and [the people] acted willingly accordingly, they are exempt.
  If the court ruled [in error] and all the people or a majority of them acted accordingly they bring a bull. And in the case of idolatry they bring a bull and a goat; these are the words of Rabbi Meir. Rabbi Judah says: the twelve tribes bring twelve bulls;And in the case of idolatry twelve bulls and twelve goats. R. Shimon says: thirteen bullocks;And in the case of idolatry, thirteen bulls and thirteen goats: a bull and a goat for each tribe, and a bull and a goat for the court. If the court ruled [in error] and seven tribes or a majority of them acted accordingly, they bring a bull; And in the case of idolatry, they bring a bull and a goat; these are the words of Rabbi Meir. Rabbi Judah said: the seven tribes who sinned must bring seven bulls and the rest of the tribes who did not sin must bring bulls on their behalf because even those who did not sin must bring on behalf of the ones who sinned. Rabbi Shimon said: eight bulls;And in the case of idolatry, eight bulls and eight goats, a bull and a goat for every tribe and a bull and a goat for the court. If the court of one of the tribes ruled [in error], and that tribe acted accordingly, that tribe is liable, but all the other tribes are exempt; these are the words of Rabbi Judah. But the Sages say: there is no liability except as a result of the rulings of the highest court; for it says, “And if the whole congregation of Israel shall err”,  but not the congregation of one particular tribe.
  
  
  
  An anointed priest who rendered a decision for himself in error and acted unwittingly accordingly, must bring a bull. If he rendered the decision in error but acted upon it willfully, or made it willfully but acted upon it unwittingly, he is exempt; for a decision a high priest made for himself is like a ruling issued by the court to the community.
  An [anointed high priest] who rendered an errant decision alone and acted accordingly alone, he makes his atonement alone. If he rendered his ruling together with [the court of] the congregation and acted accordingly together with the congregation, he makes his atonement together with the congregation. For the court is not liable unless they ruled to annul part of a commandment and to retain a part of it; and so [it is with] the anointed [high] priest. Nor [are they liable] for idolatry unless they ruled to annul the law in part and to retain it in part.
  The [court] is not obligated [to bring a sacrifice] except where ignorance of the law was accompanied by an unwitting action, and so it is with the anointed priest. Nor [is obligation incurred] in the case of idolatry unless ignorance of the law was accompanied by an unwitting action. The court is not obligated unless they ruled concerning a prohibition the punishment for which is kareth, if it was transgressed intentionally, and a sin offering if transgressed unwittingly, and so it is with the anointed priest. Nor [is obligation incurred] in the case of idolatry unless they ruled concerning a matter the punishment for which is kareth, if it was transgressed intentionally, and a sin offering if transgressed unwittingly.
  [The court] is not obligated [to bring a sacrifice] for the transgression of a positive or a negative commandment relating to the Temple; Nor [does anyone] bring an asham talui  for the transgression of a positive or a negative commandment relating to the Temple. But they are liable for the transgression of a positive or a negative commandment relating to the menstruant; And [individuals] bring an asham talui for the transgression of a positive or negative commandment relating to the menstruant.Which is the positive commandment relating to the menstruant?  Separate yourself from the menstruant. And the negative commandment?  Do not have sexual relations with the menstruant.
  [The court] is not obligated [to bring an offering] for [an errant ruling relating to] the hearing of the voice [of adjuration]; for an oath made by an expression, or  for impurity relating to the Temple and its holy things. And the ruler is similarly [exempt]; these are the words of Rabbi Yose Hagalili. Rabbi Akiva says; the ruler is liable in the case of all these except that of hearing of the voice [of adjuration], because the king may neither judge nor be judged, neither may he testify nor may others testify against him.
  For all the commandments in the Torah, the penalty for which, if committed intentionally, is kareth and, if committed unwittingly, a sin offering, the individual brings as an offering a lamb or a goat, the ruler brings a goat, and the anointed priest and the court bring a bull. In the case of idolatry, the individual and the ruler and the anointed priest bring a goat while the court bring a bull and a goat: the bull for a burnt offering and the goat for a sin offering.
  The individual and the ruler are both obligated to bring an asham talui, but the anointed priest and the court are exempt. The individual and the ruler and the anointed priest are obligated to bring an asham vadai, but the court is exempt. For the hearing of the voice [of adjuration]; for an oath made by an expression, or for impurity relating to the Temple and its holy things, the court is not obligated but the individual, the ruler and the anointed priest are obligated. Except that the anointed priest is not liable for impurity relating to the Temple and its holy things; these are the words of Rabbi Shimon.What do they bring? A sliding scale sacrifice. Rabbi Eliezer says: the ruler brings a goat.
  
  
  
  If an anointed priest transgressed and afterwards relinquished his high priesthood, and similarly if a ruler transgressed and afterwards relinquished his reign, the anointed priest brings a bullock, and the ruler brings a he-goat.
  If the anointed priest relinquished his high priesthood and afterwards transgressed, and similarly if a ruler relinquished his reign and afterwards transgressed, the anointed priest brings a bull while the ruler is like a regular person.
  If they transgressed before they were appointed, and afterwards they were appointed, they are regarded as regular people. Rabbi Shimon said: if their sin came to their knowledge before they were appointed they are liable, but if after they were appointed they are exempt. Who is meant by a ruler? A king; for it says, “Any of all the commandments of the Lord his God” (Leviticus 4:22), a ruler (king) who has none above him save the Lord his God.
  And who is the anointed priest?   He who was anointed with the anointing oil and not he that has more garments. The only difference between a high priest who is anointed with the anointing oil and one who has more garments is the bull that is offered for [the unwitting transgression of] any of the commandments. And the only difference between the acting (high) priest and the former (high) priest is the bull on the Day of Atonement and the tenth part of the ephah. They are both equal in the service of the Day of Atonement, and both are commanded to marry a virgin and are forbidden to marry a widow; they are both forbidden to become impure for their relatives; they do not let their hair grow long, nor do they rend their clothes; and they return the (accidental) killer (from the city of refuge).
  A high priest rends [his clothes] from below and an ordinary priest from above. A high priest offers sacrifices while an onen but does not eat them and an ordinary priest neither offers sacrifices nor eats them.
  Whatever is more frequent than another takes precedence over that other; And whatever is more sacred than another takes precedence over that other. If the bull of the anointed priest and the bull of the congregation are standing [to be sacrificed], the bull of the anointed priest precedes that of the congregation in all its details.
  A man takes precedence over a woman in matters concerning the saving of life and the restoration of lost property, and a woman takes precedence over a man in respect of clothing and ransom from captivity. When both are exposed to degradation in their captivity the man takes precedence over the woman.
  A priest takes precedence over a levite, a levite over an israelite, an israelite over a mamzer, a mamzer over a natin, a natin over a convert, and a convert over a freed slave. When is this so?  When all these were in other respects equal. However, if the mamzer was a scholar and the high priest an ignoramus, the scholar mamzer takes precedence over the ignorant high priest.