תלמוד על סנהדרין 1:1

MISHNAH: [The portion of] the calf whose neck was broken¹To atone for an unsolved murder; cf. Chapter 7:2, Note 36., in the holy language. For it is said²Deut. 21:1.: “If a murder victim be found on the land, etc. ³Deut. 21:2. Then your Elders and judges should go out.” Three from the High Court in Jerusalem had to go out⁴In Mishnah Sanhedrin 1:3 and Sifry Deut, 205, this opinion is ascribed to R. Simeon.. Rebbi Jehudah says five, since it is written “your Elders”, two, “and your judges”, two⁵Since a plural means at least two, an unspecified plural always means 2. (Cf. H. Guggenheimer, Logical Problems in Jewish Tradition, in: Confrontations with Judaism, P. Longworth, ed., London 1966; pp. 174–175).. Since no court may have an even number of members⁶So that an immediate verdict can be rendered in all cases that come before the court., one adds another one.

MISHNAH: If the Court and all of Israel saw it, the witnesses were interrogated but they did not manage to say “sanctified” before nightfall, it is prolonged¹Even though everybody knows that day 30 of the preceding month should have been declared as first of the new month, if it is not declared so by the Court empowered to establish the calendar then automatically day 31 will be the first of the next month.. If the Court alone saw it, two of them shall stand and testify before them, and they shall say “sanctified, sanctified”. If three who form a court²Three duly ordained members of the Calendar Court. saw it, two of them shall stand up, let two of their colleagues sit with the single one, testify before them, so they can say “sanctified, sanctified”, since no single individual is empowered by himself³Mishnah Sanhedrin 1:2..

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..