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Rambam - 3 Chapters a Day

Mamrim - Chapter 1, Mamrim - Chapter 2, Mamrim - Chapter 3

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Mamrim - Chapter 1

The Laws of the Rebellious Onesהִלְכוֹת מַמְרִים
They include nine mitzvot: three positive commandments and six negative commandments: They are:יֵשׁ בִּכְלָלָן תֵּשַׁע מִצְוֹת: שָׁלוֹשׁ מִצְוֹת עֲשֵׂה, וְשֵׁשׁ מִצְוֹת לֹא תַעֲשֶׂה, וְזֶה הוּא פְּרָטָן:
1. To follow the directives given by the Supreme Sanhedrin;(א) לַעֲשׂוֹת עַל פִּי הַתּוֹרָה שֶׁיֹּאמְרוּ לָנוּ בֵּית דִּין הַגָּדוֹל,
2. Not to deviate from their words;(ב) שֶׁלֹּא לָסוּר מִדִּבְרֵיהֶם,
3. Not to add to the Torah, neither to the mitzvot of the Written Law, nor to their explanation which was transmitted by the Oral Tradition;(ג) שֶׁלֹּא לְהוֹסִיף עַל הַתּוֹרָה, לֹא בְּמִצְוֹת שֶׁבִּכְתָב וְלֹא בְּפֵרוּשָׁן שֶׁלָּמַדְנוּ מִפִּי הַשְּׁמוּעָה,
4. Not to detract from the mitzvot;(ד) שֶׁלֹּא לִגְרֹעַ מִן הַכֹּל,
5. Not to curse one’s father or mother;(ה) שֶׁלֹּא לְקַלֵּל אָב וָאֵם,
6. Not to strike one’s father or mother;(ו) שֶׁלֹּא לְהַכּוֹת אָב וָאֵם,
7. To honor one’s father and mother;(ז) לְכַבֵּד אָב וָאֵם,
8. To fear one’s father and mother;(ח) לְיִרְאָה מֵאָב וָאֵם,
9. For a son not to rebel against his father’s and mother’s instruction.(ט) שֶׁלֹּא יִהְיֶה הַבֵּן סוֹרֵר וּמוֹרֶה עַל קוֹל אָבִיו וְאִמּוֹ.
These mitzvot are explained in the coming chapters.וּבֵאוּר מִצְוֹת אֵלּוּ בִּפְרָקִים אֵלּוּ.
1The Supreme Sanhedrin in Jerusalem1 are the essence of the Oral Law.2 They are the pillars of instruction from whom statutes and judgments issue forth for the entire Jewish people. Concerning them, the Torah promises3 Deuteronomy 17:11: “You shall do according to the laws which they shall instruct you....” This is a positive commandment.4אבֵּית דִּין הַגָּדוֹל שֶׁבִּירוּשָׁלַיִם הֵם עִיקַר תּוֹרָה שֶׁבְּעַל פֶּה, וְהֵם עַמּוּד הַהוֹרָאָה, וּמֵהֶם חֹק וּמִשְׁפָּט יוֹצֵא לְכָל יִשְׂרָאֵל, וַעֲלֵיהֶם הִבְטִיחָה תּוֹרָה, שֶׁנֶּאֱמַר "עַל פִּי הַתּוֹרָה אֲשֶׁר יוֹרוּךָ וְעַל הַמִּשְׁפָּט אֲשֶׁר יֹאמְרוּ לְךָ תַּעֲשֶׂה" (דברים יז, יא), זוֹ מִצְוַת עֲשֵׂה.
Whoever believes in Moses and in his Torah5 is obligated to make all of his religious acts dependent on this court and to rely on them.וְכָל הַמַּאֲמִין בְּמֹשֶׁה רַבֵּנוּ וּבְתוֹרָתוֹ - חַיָּב לִסְמֹךְ מַעֲשֵׂה הַדָּת אֲלֵיהֶם, וּלְהִשָּׁעֵן עֲלֵיהֶן.
2Any person who does not carry out their directives transgresses a negative commandment,6 as ibid. continues: “Do not deviate from any of the statements they relate to you, neither right nor left.”7בכָּל מִי שֶׁאֵינוֹ עוֹשֶׂה בְּהוֹרָאָתָן - עוֹבֵר בְּלֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר "לֹא תָסוּר מִכָּל הַדָּבָר אֲשֶׁר יַגִּידוּ לְךָ" (ראה דברים יז, יא).
Lashes are not given for the violation of this prohibition, because it also serves as a warning for a transgression punishable by execution by the court.8 For when a sage rebels against the words of the court, he should be executed by strangulation, as the following verse states: “A person who will act deliberately....”וְאֵין לוֹקִין עַל לָאו זֶה, מִפְּנֵי שֶׁנִּתַּן לְאַזְהָרַת מִיתַת בֵּית דִּין; שֶׁכָּל חָכָם שֶׁמּוֹרֶה עַל דִּבְרֵיהֶם - מִיתָתוֹ בְּחֶנֶק, שֶׁנֶּאֱמַר "וְהָאִישׁ אֲשֶׁר יַעֲשֶׂה בְזָדוֹן לְבִלְתִּי שְׁמֹעַ..." (דברים יז, ב).
We are obligated to heed their words whether they: a) learned them from the Oral Tradition, i.e., the Oral Law, b) derived them on the basis of their own knowledge through one of the attributes of Biblical exegesis9 and it appeared to them that this is the correct interpretation of the matter, c) instituted the matter as a safeguard for the Torah, as was necessary at a specific time. These are the decrees,10 edicts,11 and customs12 instituted by the Sages. It is a positive commandment to heed the court with regard to each of these three matters. A person who transgresses any of these types of directives transgresses a negative commandment.13אֶחָד דְּבָרִים שֶׁלָּמְדוּ אוֹתָן מִפִּי שְׁמוּעָה, וְהֵם תּוֹרָה שֶׁבְּעַל פֶּה, וְאֶחָד דְּבָרִים שֶׁלָּמְדוּ אוֹתָן מִפִּי דַּעְתָּן בְּאַחַת מִן הַמִּדּוֹת שֶׁהַתּוֹרָה נִדְרֶשֶׁת בָּהֶן וְנִרְאֶה בְּעֵינֵיהֶם שֶׁהַדִּין בְּדָבָר זֶה כָּךְ הוּא, וְאֶחָד דְּבָרִים שֶׁעָשׂוּ אוֹתָן סְיָג לַתּוֹרָה וּלְפִי מַה שֶׁהַשָּׁעָה צְרִיכָה, וְהֵם הַגְּזֵרוֹת וְהַתַּקָּנוֹת וְהַמִּנְהָגוֹת - בְּכָל אֶחָד וְאֶחָד מִשְּׁלוֹשָׁה דְּבָרִים אֵלּוּ מִצְוַת עֲשֵׂה לִשְׁמֹעַ לָהֶן, וְהָעוֹבֵר עַל כָּל אֶחָד מֵהֶן, עוֹבֵר בְּלֹא תַעֲשֶׂה.
This is derived from the continuation of the above verse in the following manner: “According to the laws which they shall instruct you” - this refers to the edicts decrees, and customs which they instruct people at large to observe to strengthen the faith and perfect the world. “According to the judgment which they relate” - this refers to the matters which they derive through logical analysis employing one of the methods of Biblical exegesis. “From all things that they will tell you” - This refers to the tradition which they received one person from another.14הֲרֵי הוּא אוֹמֵר "עַל פִּי הַתּוֹרָה אֲשֶׁר יוֹרוּךָ" (דברים יז, יא) - אֵלּוּ הַגְּזֵרוֹת וְהַתַּקָּנוֹת וְהַמִּנְהָגוֹת שֶׁיּוֹרוּ בָּהֶם לָרַבִּים כְּדֵי לְחַזֵּק הַדָּת וּלְתַקֵּן הָעוֹלָם; "וְעַל הַמִּשְׁפָּט אֲשֶׁר יֹאמְרוּ לְךָ תַּעֲשֶׂה" (שם) - אֵלּוּ דְּבָרִים שֶׁלָּמְדוּ אוֹתָן מִן הַדִּין בְּאַחַת מִן הַמִּדּוֹת שֶׁהַתּוֹרָה נִדְרֶשֶׁת בָּהֶם; "מִכָּל הַדָּבָר אֲשֶׁר יַגִּידוּ לְךָ" (ראה שם) - זוֹ הַקַּבָּלָה שֶׁקִּבְּלוּ אִישׁ מִפִּי אִישׁ.
3There can never be any difference of opinion with regard to matters received through the Oral Tradition.15 Whenever a difference of opinion arises with regard to any matter, that shows that it was not received in the tradition from Moses our teacher.גדִּבְרֵי קַּבָּלָה, אֵין בָּהֶן מַחֲלֹקֶת לְעוֹלָם. וְכָל דָּבָר שֶׁתִּמְצָא בּוֹ מַחֲלֹקֶת, בַּיָּדוּעַ שֶׁאֵינוֹ קַבָּלָה מִמֹּשֶׁה רַבֵּנוּ.
The following principles apply with regard to matters derived through logical analysis.16 If the entire body of the Supreme Sanhedrin agrees with regard to them, their consent is binding. If there is a difference of opinion, we follow the majority and decide the matter according to the majority.וּדְבָרִים שֶׁלּוֹמְדִין מִן הַדִּין: אִם הִסְכִּימוּ עֲלֵיהֶן בֵּית דִּין הַגָּדוֹל כֻּלָּם, הֲרֵי הִסְכִּימוּ; וְאִם נֶחְלְקוּ בָּהֶן - הוֹלְכִין אַחַר הָרֹב, וּמוֹצִיאִין הַדִּין אַחַר הָרַבִּים.
Similarly, with regard to the decrees, edicts, and customs, if a portion of the judges perceived that it was necessary to issue a decree, institute an edict, or establish a custom for the people, and a portion perceived that it is not appropriate to issue this decree, institute this edict, or establish this custom, the judges should debate the matter back and forth. Afterwards, a vote is called, and we follow the majority and execute the matter according to the decision of the majority.וְכֵן הַגְּזֵירוֹת וְהַתַּקָּנוֹת וְהַמִּנְהָגוֹת - אִם רָאוּ מִקְצָתָן שֶׁרָאוּי לִגְזֹר גְּזֵרָה זוֹ אוֹ לְתַקֵּן תַּקָּנָה זוֹ אוֹ שֶׁיַּנִּיחוּ הָעָם עַל מִנְהָג זֶה, וְרָאוּ מִקְצָתָן שֶׁאֵין רָאוּי לִגְזֹר גְּזֵרָה זוֹ וְלֹא לְתַקֵּן תַּקָּנָה זוֹ וְלֹא לְהַנִּיחַ מִנְהָג זֶה - נוֹשְׂאִין וְנוֹתְנִין אֵלּוּ כְּנֶגֶד אֵלּוּ, וְהוֹלְכִין אַחַר רֻבָּן, וּמוֹצִיאִין הַדָּבָר אַחַר הָרַבִּים.
4When the Supreme Sanhedrin was in session, there was never any prolonged differences of opinion among the Jewish people.דכְּשֶׁהָיָה בֵּית דִּין הַגָּדוֹל קַיָּם, לֹא הָיְתָה שָׁם מַחֲלֹקֶת בְּיִשְׂרָאֵל.
Instead, if a doubt arose in a Jew’s mind over any law, he would inquire of the court in his city.17אֶלָא כָּל דִּין שֶׁנֹלַּד בּוֹ סָפֵק לְאֶחָד מִיִּשְׂרָאֵל, שׁוֹאֵל לְבֵית דִּין שֶׁבְּעִירוֹ
If they know, they will reply to him. If not, the questioner and that court - or its agents - ascend to Jerusalem and ask the court which holds sessions on the Temple Mount.18אִם יָדְעוּ, אָמְרוּ לוֹ; וְאִם לָאו, הֲרֵי הַשּׁוֹאֵל עִם אוֹתוֹ בֵּית דִּין אוֹ עִם שְׁלוּחָיו עוֹלִין לִירוּשָׁלַיִם, וְשׁוֹאֲלִין לְבֵית דִּין שֶׁבְּהַר הַבַּיִת.
If they know, they will reply to him. If they do not know, everyone19 comes to the court that holds sessions at the entrance to the Temple Courtyard.20אִם יָדְעוּ, אָמְרוּ לָהֶם; וְאִם לָאו, הַכֹּל בָּאִין לְבֵית דִּין שֶׁעַל פֶּתַח הָעֲזָרָה.
If they know, they will reply to him, if they do not know, everyone comes to the Chamber of Hewn Stone, to the Supreme Sanhedrin, and presents the question.אִם יָדְעוּ, אָמְרוּ לָהֶם; וְאִם לָאו, הַכֹּל בָּאִים לְלִשְׁכַּת הַגָּזִית לְבֵית דִּין הַגָּדוֹל, וְשׁוֹאֲלִין.
If the matter that was unresolved by all the others was known to the Supreme Sanhedrin - either as part of the Oral Tradition or because of its derivation through the principles of exegesis -they relate the decision immediately.אִם הָיָה הַדָּבָר שֶׁנֹלַּד בּוֹ הַסָּפֵק לַכֹּל יָדוּעַ אֵצֶל בֵּית דִּין הַגָּדוֹל, בֵּין מִפִּי הַקַּבָּלָה בֵּין מִן הַמִּדָּה שֶׁדָּנוּ בָּהּ - אוֹמְרִין לָהֶם מִיָּד.
If however, the decision was unclear to the Supreme Sanhedrin, they deliberate about the matter at that time and debate it back and forth until they reach a uniform decision, or until a vote is taken. In such a situation, they follow the majority and then tell all the questioners: “This is the halachah.” The questioners then all depart.וְאִם לֹא הָיָה הַדָּבָר בָּרוּר אֵצֶל בֵּית דִּין הַגָּדוֹל - דָּנִין בּוֹ בְּשָׁעָתָן וְנוֹשְׂאִין וְנוֹתְנִין בַּדָּבָר עַד שֶׁיַּסְכִּימוּ כֻּלָּן, אוֹ יַעַמְדוּ לְמִנְיָן וְיֵלְכוּ אַחַר הָרֹב, וְיֹאמְרוּ לְכָל הַשּׁוֹאֲלִין כָּךְ הֲלָכָה, וְיֵלְכוּ לָהֶם.
After the Supreme Sanhedrin was nullified, differences of opinion multiplied among the Jewish people.21 One would rule an article is impure and support his ruling with a rationale and another would rule that it is pure and support his ruling with a rationale. This one would rule an article is forbidden and this would rule that it is permitted.מִשֶּׁבָּטַל בֵּית דִּין הַגָּדוֹל, רָבְתָה מַחֲלֹקֶת בְּיִשְׂרָאֵל, זֶה מְטַמֵּא וְנוֹתֵן טַעַם לִדְבָרָיו, וְזֶה מְטַהֵר וְנוֹתֵן טַעַם לִדְבָרָיו; זֶה אוֹסֵר, וְזֶה מַתִּיר.
5The following rules apply when there are two sages or two courts that have differing opinions in an age when there was no Supreme Sanhedrin or during the time when the Supreme Sanhedrin was still undecided concerning the matter22 - whether in one age or in two different ages23 - one rules that an article is pure and one rules that it is impure, one forbids an article’s use and one permits it. If one does not know in which direction the law tends, should the matter involve a question of Scriptural Law, follow the more severe opinion. If it involve a question of Rabbinic Law, follow the more lenient opinion.השְׁנֵי חֲכָמִים אוֹ שְׁנֵי בָּתֵּי דִּינִין שֶׁנֶּחְלְקוּ שֶׁלֹּא בִּזְמַן הַסַּנְהֶדְּרִין, אוֹ עַד שֶׁלֹּא הָיָה הַדָּבָר בָּרוֹר לָהֶן - בֵּין בִּזְמַן אֶחָד, בֵּין בְּזֶה אַחַר זֶה - אֶחָד מְטַמֵּא וְאֶחָד מְטַהֵר, אֶחָד אוֹסֵר וְאֶחָד מַתִּיר, אִם אֵין אַתָּה יוֹדֵעַ לְהֵיכָן הַדִּין נוֹטֶה: בְּשֶׁל תּוֹרָה, הֲלֵךְ אַחַר הַמַּחְמִיר, בְשֶׁל דִבְרֵי סוֹפְרִים, הֲלֵךְ אַחַר הַמֵּקֵל.

Mamrim - Chapter 2

1When, using one of the principles of exegesis, the Supreme Sanhedrin derived a law through their perception of the matter and adjudicated a case accordingly,1 and afterwards, another court arose2 and they perceived another rationale on which basis, they would revoke the previous ruling, they may revoke it and rule according to their perception. This is reflected by Deuteronomy 17:9: “To the judge who will be in that age.”3 This indicates that a person is obligated to follow only the court in his own generation.4אבֵּית דִּין גָּדוֹל שֶׁדָּרְשׁוּ בְּאַחַת מִן הַמִּדּוֹת כְּפִי מַה שֶׁנִּרְאָה בְּעֵינֵיהֶם שֶׁהַדִּין כָּךְ, וְדָנוּ דִּין, וְעָמַד אַחֲרֵיהֶם בֵּית דִּין אַחֵר, וְנִרְאָה לוֹ טַעַם אַחֵר לִסְתֹּר אוֹתוֹ הַדִּין - הֲרֵי זֶה סוֹתֵר, וְדָן כְּפִי מַה שֶׁיֵּרָאֶה בְּעֵינָיו, שֶׁנֶּאֱמַר "אֶל הַשֹּׁפֵט אֲשֶׁר יִהְיֶה בַּיָּמִים הָהֵם" (דברים יז, ט) - אֵין אַתָּה חַיָּב לָלֶכֶת אֶלָא אַחַר בֵּית דִּין שֶׁבְּדוֹרְךָ.
2The following rules apply when a court5 issued a decree, instituted an edict, or established a custom6 and this practice spread throughout the Jewish people7 and another court arose and sought to nullify the original order and eliminate the original edict, decree, or custom. The later court does not have this authority unless it surpasses the original court in wisdom8 and in its number of adherents.9בבֵּית דִּין שֶׁגָּזְרוּ גְּזֵרָה אוֹ הִתְקִינוּ תַּקָּנָה וְהִנְהִיגוּ מִנְהָג, וּפָשַׁט הַדָּבָר בְּכָל יִשְׂרָאֵל, וְעָמַד אַחֲרֵיהֶם בֵּית דִּין אַחֵר וּבִקֵּשׁ לְבַטֵּל דִּבְרֵי הָרִאשׁוֹנִים וְלַעֲקֹר אוֹתָהּ הַתַּקָּנָה וְאוֹתָהּ הַגְּזֵרָה וְאוֹתוֹ הַמִּנְהָג - אֵינוֹ יָכוֹל, עַד שֶׁיִּהְיֶה גָּדוֹל מִן הָרִאשׁוֹנִים בְּחָכְמָה וּבְמִנְיָן.
If it surpasses the original court in wisdom, but not in the number of adherents, or in the number of adherents, but not in wisdom, it cannot nullify its rulings. Even if the rationale for which the original court instituted the decree or the edict is nullified, the later court does not have the authority to negate their rulings unless they are greater.10הָיָה גָּדוֹל בְּחָכְמָה אֲבָל לֹא בְּמִנְיָן, בְּמִנְיָן אֲבָל לֹא בְּחָכְמָה - אֵינוֹ יָכוֹל לְבַטֵּל אֶת דְּבָרָיו. אַפִלּוּ בָּטַל הַטַעַם שֶׁבִּגְלָלוֹ גָּזְרוּ הָרִאשׁוֹנִים אוֹ הִתְקִינוּ - אֵין הָאַחֲרוֹנִים יְכוֹלִין לְבַטֵּל, עַד שֶׁיִּהְיוּ גְּדוֹלִים מֵהֶם.
How is it possible that the later court will surpass the original court in number? For every Supreme Sanhedrin consists of 71 judges.11 The intent is the number of sages in the generation who consent and accept the matter stated by the Supreme Sanhedrin without opposing it.וְהֵיאַךְ יִהְיוּ גְּדוֹלִים בְּמִנְיָן, הוֹאִיל וְכָל בֵּית דִּין וּבֵית דִּין שֶׁל שִׁבְעִים וְאֶחָד הוּא? זֶה מִנְיָן חַכְמֵי הַדּוֹר שֶׁהִסְכִּימוּ וְקִבְּלוּ הַדָּבָר שֶׁאָמְרוּ בֵּית דִּין הַגָּדוֹל, וְלֹא חָלְקוּ בּוֹ.
3When does the above apply? With regard to matters that were not forbidden to create a safeguard for the words of the Torah, but rather resemble other Torah laws. A different principle applies, by contrast, with regard to matters which the court sought necessary to issue a decree and create a prohibition as a safeguard.12 If the prohibition spread throughout the Jewish people, another Supreme Sanhedrin does not have the authority to uproot the decree and grant license even if it was of greater stature than the original court.13גבַּמֶּה דְּבָרִים אֲמוּרִים? בִּדְבָרִים שֶׁלֹּא אָסְרוּ אוֹתָן כְּדֵי לַעֲשׂוֹת סְיָג, אֶלָא בִּשְׁאָר דִּינֵי תּוֹרָה. אֲבָל דְּבָרִים שֶׁרָאוּ בֵּית דִּין לִגְזֹר אוֹ לֶאֱסֹר אוֹתָן לַעֲשׂוֹת סְיָג, אִם פָּשַׁט אִסּוּרָן בְּכָל יִשְׂרָאֵל - אֵין בֵּית דִּין הַגָּדוֹל אַחֵר יָכוֹל לְעָקְרָן וּלְהַתִּירָן, אַפִלּוּ הָיָה גָּדוֹל מִן הָרִאשׁוֹנִים.
4A court may, however, suspend the application of such decrees temporarily, even if it is of lesser stature than the original court. The rationale is that these decrees should not be considered as more severe than the words of the Torah itself,14 and any court has the authority to abrogate the words of the Torah as a temporary measure.דוְיֵשׁ לְבֵית דִּין לַעֲקֹר אַף דְּבָרִים אֵלּוּ לְפִי שָׁעָה, אַף עַל פִּי שֶׁהוּא קָטָן מִן הָרִאשׁוֹנִים - שֶׁלֹּא יִהְיוּ גְּזֵרוֹת אֵלּוּ חֲמוּרִין מִדִּבְרֵי תּוֹרָה עַצְמָהּ, שֶׁאַפִלּוּ דִּבְרֵי תּוֹרָה, יֵשׁ לְכָל בֵּית דִּין לְעָקְרוֹ הוֹרָאַת שָׁעָה.
What is implied? If a court sees that it is necessary to strengthen the faith and create a safeguard so that the people will not violate Torah law, they may apply beatings and punishments15 that are not sanctioned by Torah.16 They may not, however, establish the matter for posterity and say that this is the halachah.כֵּיצַד? בֵּית דִּין שֶׁרָאוּ לְחַזֵּק הַדָּת וְלַעֲשׂוֹת סְיָג כְּדֵי שֶׁלֹּא יַעַבְרוּ הָעָם עַל הַתּוֹרָה - מַכִּין וְעוֹנְשִׁין שֶׁלֹּא כַּדִּין; אֲבָל אֵין קוֹבְעִין הַדָּבָר לַדּוֹרוֹת וְאוֹמְרִין שֶׁהֲלָכָה כָּךְ הוּא.
Similarly, if they saw that temporarily it was necessary to nullify a positive commandment or violate a negative commandment in order to bring people at large back to the Jewish faith or to prevent many Jews from transgressing in other matters, they may do what is necessary at that time.17וְכֵן אִם רָאוּ לְפִי שָׁעָה לְבַטֵּל מִצְוַת עֲשֵׂה אוֹ לַעֲבֹר עַל מִצְוַת לֹא תַעֲשֶׂה, כְּדֵי לְהַחֲזִיר רַבִּים לַדָּת אוֹ לְהַצִּיל רַבִּים מִיִּשְׂרָאֵל מִלְּהִכָּשֵׁל בִּדְבָרִים אֲחֵרִים - עוֹשִׂין לְפִי מַה שֶׁהַשָּׁעָה צְרִיכָה.
To explain by analogy: Just like a doctor may amputate a person’s hand or foot so that the person as a whole will live;18 so, too, at times, the court may rule to temporarily violate some of the commandments so that they will later keep all of them.כְּשֵׁם שֶׁהָרוֹפֵא חוֹתֵךְ יָדוֹ אוֹ רַגְלוֹ שֶׁל זֶה, כְּדֵי שֶׁיִּחְיֶה כֻּלּוֹ; כָּךְ בֵּית דִּין מוֹרִין בִּזְמַן מִן הַזְּמַנִּים לַעֲבֹר עַל מִקְצַת מִצְוֹת לְפִי שָׁעָה, כְּדֵי שֶׁיִּתְקַיְּמוּ כֻּלָּן.
In this vein, the Sages of the previous generations said:19 “Desecrate one Sabbath for a person’s sake so that he will keep many Sabbaths.”כְּדֶרֶךְ שֶׁאָמְרוּ חֲכָמִים הָרִאשׁוֹנִים: חַלֵּל עָלָיו שַׁבָּת אַחַת כְּדֵי שֶׁיִּשְׁמֹר שַׁבָּתוֹת הַרְבֵּה.
5When a court sees it necessary to issue a decree, institute an edict, or establish a custom, they must first contemplate the matter and see whether or not the majority of the community can uphold the practice.20הבֵּית דִּין שֶׁנִּרְאָה לָהֶם לִגְזֹר גְּזֵרָה אוֹ לְתַקֵּן תַּקָּנָה אוֹ לְהַנְהִיג מִנְהָג - צְרִיכִין לְהִתְיַשֵּׁב בַּדָּבָר וְלֵידַע תְּחִלָּה אִם רֹב הַצִּבּוּר יְכוֹלִין לַעֲמֹד בָּהּ אוֹ אֵין רֹב הַצִּבּוּר יְכוֹלִין לַעֲמֹד בְּדָבָר זֶה.
We never issue a decree on the community unless the majority of the community can uphold the practice.וּלְעוֹלָם אֵין גּוֹזְרִין גְּזֵרָה עַל הַצִּבּוּר אֶלָא אִם כֵּן רֹב הַצִּבּוּר יְכוֹלִין לַעֲמֹד בָּהּ.
6If a court issued a decree, thinking that the majority of the community could uphold it and after the decree was issued, the majority of the community raised contentions and the practice did not spread throughout the majority of the community, the decree is nullified.21 The court cannot compel the people to accept it.22והֲרֵי שֶׁגָּזְרוּ בֵּית דִּין גְּזֵרָה, וְדִמּוּ שֶׁרֹב הַצִּבּוּר יְכוֹלִין לַעֲמֹד בָּהּ, וְאַחַר שֶׁגָּזְרוּהָּ פִּקְפְּקוּ הָעָם בָּהּ וְלֹא פָשְׁטָה בְּרֹב הַצִּבּוּר - הֲרֵי זוֹ בְּטֵלָה, וְאֵינָן רַשָּׁאִין לָכֹף אֶת הָעָם לָלֶכֶת בָּהּ.
7The following rule applies when a court issued a decree and thought that it spread among the entire Jewish people and the situation remained unchanged for many years. If, after a long duration of time, another court arose and checked throughout the Jewish community and saw that the observance of this decree had not spread throughout the Jewish community,23 it has the authority to negate the decree24 even if it is of lesser stature than the original court in wisdom and in number of adherents.זגָּזְרוּ וְדִמּוּ שֶׁפָּשְׁטָה בְּכָל יִשְׂרָאֵל, וְעָמַד הַדָּבָר כֵּן שָׁנִים רַבּוֹת, וּלְאַחַר זְמַן מְרֻבֶּה עָמַד בֵּית דִּין אַחֵר, וּבָדַק בְּכָל יִשְׂרָאֵל וְרָאָה שֶׁאֵין אוֹתָהּ הַגְּזֵרָה פּוֹשֶׁטֶת בְּכָל יִשְׂרָאֵל - יֵשׁ לוֹ רְשׁוּת לְבַטְּלָהּ, וְאַפִלּוּ הָיָה פָּחוֹת מֵאוֹתוֹ בֵּית דִּין הָרִאשׁוֹן בְּחָכְמָה וּבְמִנְיָן.
8Whenever a court repeals two decrees, it should not rush to repeal a third decree.25חוְכָל בֵּית דִּין שֶׁהִתִּיר שְׁנֵי דְּבָרִים, אַל יְמַהֵר לְהַתִּיר דָּבָר שְׁלִישִׁי.
9A court has the authority to issue a decree and forbid something which is permitted and have its decree perpetuated for generations to come.26 Similarly, it has the authority - as a temporary measure - to release the Torah’s prohibitions.27 What then is the meaning of the Scriptural prohibitions Deuteronomy 13:1: “Do not add to it28 and do not detract from it”?29 The intent is that they do not have the authority to add to the words of the Torah or to detract from them, establishing a matter forever as part of Scriptural Law. This applies both to the Written Law and the Oral Law.30טהוֹאִיל וְיֵשׁ לְבֵית דִּין לִגְזֹר וְלֶאֱסֹר דָּבָר הַמֻּתָּר, וְיַעֲמֹד אִסּוּרוֹ לְדוֹרוֹת, וְכֵן יֵשׁ לָהֶן לְהַתִּיר אִסּוּרֵי תּוֹרָה לְפִי שָׁעָה - מַה הוּא זֶה שֶׁהִזְהִירָה תּוֹרָה "לֹא תֹסֵף עָלָיו וְלֹא תִגְרַע מִמֶּנּוּ" (דברים יג, א)? שֶׁלֹּא לְהוֹסִיף עַל דִּבְרֵי תּוֹרָה וְלֹא לִגְרֹעַ מֵהֶן וְלִקְבֹּעַ הַדָּבָר לְעוֹלָם שֶׁהוּא מִן הַתּוֹרָה, בֵּין בְּתוֹרָה שֶׁבִּכְתָב בֵּין בְּתוֹרָה שֶׁבְּעַל פֶּה.
What is implied? The Torah states Exodus 23:19: “Do not cook a kid in its mother’s milk.” According to the Oral Tradition, we learned that the Torah forbade both the cooking and eating of milk and meat, whether the meat of a domesticated animal or the meat of a wild beast.31 The meat of fowl, by contrast, is permitted to be cooked in milk according to Scriptural Law.32כֵּיצַד? הֲרֵי כָּתוּב בַּתּוֹרָה "לֹא תְבַשֵּׁל גְּדִי בַּחֲלֵב אִמּוֹ" (שמות כג, יט; שמות לד, כו; דברים יד, כא) - וּמִפִּי הַשְּׁמוּעָה לָמְדוּ שֶׁזֶּה הַכָּתוּב אָסַר לְבַשֵּׁל וְלֶאֱכֹל בָּשָׂר בְּחָלָב, בֵּין בְּשַׂר בְּהֵמָה בֵּין בְּשַׂר חַיָּה; אֲבָל בְּשַׂר עוֹף - מֻתָּר בֶּחָלָב מִן הַתּוֹרָה.
Now if a court will come and permit partaking of the meat of a wild animal cooked in milk, it is detracting from the Torah. And if it forbids the meat of fowl cooked in milk saying that this is included in “the kid” forbidden by the Scriptural Law, it is adding to the Torah.אִם יָבוֹא בֵּית דִּין וְיַתִּיר בְּשַׂר חַיָּה בֶּחָלָב, הֲרֵי זֶה גּוֹרֵעַ; וְאִם יֶאֱסֹר בְּשַׂר הָעוֹף, וְיֹאמַר שֶׁהוּא בִּכְלַל הַגְּדִי, וְהוּא אָסוּר מִן הַתּוֹרָה - הֲרֵי זֶה מוֹסִיף.
If, however, the court says: “The meat of fowl cooked in milk is permitted according to Scriptural Law. We, however, are prohibiting it and publicizing the prohibition as a decree, lest the matter lead to a disadvantage, causing people to say: ‘Eating the meat of fowl cooked in meat is permitted, because it is not explicitly forbidden by the Torah. Similarly, the meat of a wild animal cooked in milk is permitted, because it is also not explicitly forbidden.’33 “And another may come and say: ‘Even the meat of a domesticated animal cooked in milk is permitted with the exception of a goat.’34 And another will come and say: ‘Even the meat of a goat is permitted when cooked in the milk of a cow or a sheep. For the verse mentions only “its mother,” i.e., an animal from the same species.’ And still another will come and say: ‘Even the meal of a goat is permitted when cooked in goat’s milk as long the milk is not from the kid’s mother, for the verse says: “its mother.”’35 For these reasons, we will forbid all meat cooked in milk, even meat from fowl.”אֲבָל אִם אָמַר 'בְּשַׂר הָעוֹף מֻתָּר מִן הַתּוֹרָה, וְאָנוּ נֶאֱסֹר אוֹתוֹ, וְנוֹדִיעַ לָעָם שֶׁהוּא גְּזֵרָה, שֶׁלֹּא יָבוֹא מִן הַדָּבָר חוֹבָה, וְיֹאמְרוּ: בְּשַׂר הָעוֹף מֻתָּר מִפְּנֵי שֶׁלֹּא נִתְפָּרֵשׁ בַּתּוֹרָה, כָּךְ הַחַיָּה מֻתֶּרֶת שֶׁהֲרֵי לֹא נִתְפָּרְשָׁה; וְיָבוֹא אַחֵר לוֹמַר: אַף בְּשַׂר בְּהֵמָה מֻתָּר, חוּץ מִן הָעֵז; וְיָבוֹא אַחֵר לוֹמַר: אַף בְּשַׂר הָעֵז מֻתָּר בַּחֲלֵב הַפָּרָה אוֹ הַכִּבְשָׂה, שֶׁלֹּא נֶאֱמַר אֶלָא "אִמּוֹ" שֶׁהִיא מִינוֹ; וְיָבוֹא אַחֵר לוֹמַר: אַף בַּחֲלֵב הָעֵז שֶׁאֵינָהּ אִמּוֹ מֻתָּר, שֶׁלֹּא נֶאֱמַר אֶלָא "אִמּוֹ"; לְפִיכָךְ נֶאֱסֹר כָּל בָּשָׂר בְּחָלָב, אַפִלּוּ בְּשַׂר עוֹף'.
Such an approach is not adding to the Torah. Instead, it is creating safeguards for the Torah. Similar concepts apply in all analogous situations.אֵין זֶה מוֹסִיף, אֶלָא עוֹשֶׂה סְיָג לַתּוֹרָה. וְכֵן כֹּל כַיּוֹצֵא בְּזֶה.

Mamrim - Chapter 3

1A person who does not acknowledge the validity of the Oral Law1 is not the rebellious elder mentioned in the Torah.2 Instead, he is one of the heretics3 and he should be put to death by any person.4אמִי שֶׁאֵינוֹ מַאֲמִין בְּתוֹרָה שֶׁבְּעַל פֶּה, אֵינוֹ זָקֵן מַמְרֵא הָאָמוּר בַּתּוֹרָה, אֶלָא הֲרֵי הוּא בִּכְלַל הַמִּינִים, וּמִיתָתוֹ בְּיַד כָּל אָדָם.
2Since it has become known that such a person denies the Oral Law, he may be pushed into a pit and may not be helped out.5 He is like all the rest of the heretics who say that the Torah is not Divine in origin,6 those who inform on their fellow Jews,7 and the apostates.8במֵאַחַר שֶׁנִּתְפַּרְסֵם שֶׁהוּא כּוֹפֵר בְּתוֹרָה שֶׁבְּעַל פֶּה - מוֹרִידִין וְלֹא מַעֲלִין; וְהֲרֵי הוּא כִּשְׁאָר הָאֶפִּיקוֹרוֹסִין וְהָאוֹמְרִין אֵין תּוֹרָה מִן הַשָּׁמַיִם וְהַמּוֹסְרִים וְהַמּוּמָּרִים.
All of these are not considered as members of the Jewish people. There is no need for witnesses, a warning, or judges for them to be executed. Instead, whoever kills them performs a great mitzvah and removes an obstacle from people at large.9שֶׁכָּל אֵלּוּ אֵינָם בִּכְלַל יִשְׂרָאֵל, וְאֵינָן צְרִיכִין לֹא עֵדִים וְלֹא הַתְרָאָה וְלֹא דַּיָּנִים, אֶלָא כָּל הַהוֹרֵג אֶחָד מֵהֶן, עָשָׂה מִצְוָה גְּדוֹלָה וְהֵסִיר הַמִכְשׁוֹל.
3To whom does the above apply? To a person who denied the Oral Law consciously, according to his perception of things. He follows after his frivolous thoughts and his capricious heart and denies the Oral Law first, as did Tzadok and Beitus10 and those who erred in following them.גבַּמֶּה דְּבָרִים אֲמוּרִים? בְּאִישׁ שֶׁכָּפַר בְּתוֹרָה שֶׁבְּעַל פֶּה בְּמַּחֲשַׁבְתּוֹ, וּבִדְבָרִים שֶׁנִּרְאוּ לוֹ, וְהָלַךְ אַחַר דַּעְתּוֹ הַקַּלָּה, וְאַחַר שְׁרִירוּת לִבּוֹ, וְכָפַר בְּתוֹרָה שֶׁבְּעַל פֶּה תְּחִלָּה, כְּצָדוֹק וּבַיְתּוֹס וְכֵן כָּל הַטּוֹעִים אַחֲרָיו.
Different laws apply to the children of these errant people and their grandchildren whose parents led them astray and they were born among these Karaities11 and raised according to their conception. They are considered as children captured and raised by them.12 Such a child may not be eager to follow the path of mitzvot, for it is as if he was compelled not to.אֲבָל בְּנֵי אוֹתָן הַטּוֹעִים וּבְנֵי בְּנֵיהֶם, שֶׁהִדִּיחוּ אוֹתָם אֲבוֹתָם וְנֹלְּדוּ בֵּין הַקָרָאִים וְגִדְּלוּ אוֹתָם עַל דַעְתָּם - הֲרֵי הֵן כְּתִינוֹק שֶׁנִּשְׁבָּה בֵּינֵיהֶם וְגִדְּלוּהוּ, וְאֵינוֹ זָרִיז לֶאֱחוֹז בְּדַרְכֵי הַמִצְוֹת, שֶׁהֲרֵי הוּא כְּאָנוּס.
Even if later, he hears that he is Jewish and sees Jews and their faith, he is still considered as one who was compelled against observance, for he was raised according to their mistaken path.13וְאַף עַל פִּי שֶׁשָּׁמַע אַחַר כָּךְ שֶׁהוּא יְהוּדִי, וְרָאָה הַיְּהוּדִים וְדָתָם - הֲרֵי הוּא כְּאָנוּס, שֶׁהֲרֵי גִּדְּלוּהוּ עַל טָעוּתָם.
This applies to those whom we mentioned who follow the erroneous Karaite path of their ancestors.כָּךְ אֵלּוּ שֶׁאָמַרְנוּ, הָאוֹחֲזִים בְּדַרְכֵּי אֲבוֹתֵיהֶם שֶׁטָעוּ.
Therefore it is appropriate to motivate them to repent and draw them to the power of the Torah with words of peace.14לְפִיכָךְ רָאוּי לְהַחֲזִירָן בִּתְשׁוּבָה, וּלְמָשְׁכָם בְּדִבְרֵי שָׁלוֹם, עַד שֶׁיַּחְזְרוּ לְאֵיתַן הַתּוֹרָה.
4The “rebellious elder” mentioned in the Torah,15 by contrast, is one of the sages of lsrael16 who has received the tradition from previous sages and who analyzes17 and issues a ruling with regard to the words of Torah as do all the sages of Israel. His rebellion involves an instance when he has a difference of opinion in one of the Torah’s laws with the Supreme Sanhedrin and did not accept their views, but instead issued a ruling to act in a different manner.18 The Torah decreed that he should be executed.19דאֲבָל זָקֵן מַמְרֵא הָאָמוּר בַּתּוֹרָה הוּא חָכָם אֶחָד מֵחַכְמֵי יִשְׂרָאֵל שֶׁיֵּשׁ בְּיָדוֹ קַבָּלָה, וְדָן וּמוֹרֶה בְּדִינֵי תּוֹרָה כְּמוֹ שֶׁיָּדוּנוּ וְיוֹרוּ כָּל חַכְמֵי יִשְׂרָאֵל, שֶׁבָּאת לוֹ מַחֲלֹקֶת בְּדִין מִן הַדִּינִין עִם בֵּית דִּין הַגָּדוֹל, וְלֹא חָזַר לְדִבְרֵיהֶם אֶלָא חָלַק עֲלֵיהֶם וְהוֹרָה לַעֲשׂוֹת שֶׁלֹּא כְּהוֹרָאָתָן - גָּזְרָה תּוֹרָה עָלָיו מִיתָה.
He should confess his sin before being executed so that he will be granted a portion in the world to come.20וּמִתְוַדֶּה, וְיֵשׁ לוֹ חֵלֶק לָעוֹלָם הַבָּא.
Even though he analyzes and they analyze; he received the tradition and they received the tradition, the Torah granted them deference.21אַף עַל פִּי שֶׁהוּא דָּן וְהֵן דָּנִין, וְהוּא קִבֵּל וְהֵם קִבְּלוּ - הֲרֵי הַתּוֹרָה חָלְקָה לָהֶם כָּבוֹד.
Even if the court desires to forgo their honor and allow him to live, they are not allowed, so that differences of opinion will not arise within Israel.וְאִם רָצוּ בֵּית דִּין לִמְחֹל עַל כְּבוֹדָן וּלְהַנִּיחוֹ - אֵינָן יְכוֹלִין, כְּדֵי שֶׁלֹּא יַרְבּוּ מַחֲלֹקֶת בְּיִשְׂרָאֵל.
5A “rebellious elder” is not liable for execution unless he is a sage, erudite enough to issue halachic judgments who has received semichah from the Sanhedrin22 and who differs with that court with regard to a matter whose willful violation is punishable by kerait and whose inadvertent violation requires a sin offering or with regard to tefillin.23 He must direct others to act according to his ruling or act according to his ruling himself,24 and differ with the Sanhedrin while they hold session in the Chamber of Hewn Stone.25האֵין זָקֵן מַמְרֵא חַיָּב מִיתָה עַד שֶׁיִּהְיֶה חָכָם שֶׁהִגִּיעַ לַהוֹרָאָה סָמוּךְ בְּסַנְהֶדְּרִין, וְיַחְלֹק עַל בֵּית דִּין בְּדָבָר שֶׁחַיָּבִין עַל זְדוֹנוֹ כָּרֵת וְעַל שִׁגְגָתוֹ חַטָּאת, אוֹ בַּתְּפִלִּין, וְיוֹרֶה לַעֲשׂוֹת כְּהוֹרָאָתוֹ אוֹ יַעֲשֶׂה הוּא עַל פִּי הוֹרָאָתוֹ, וְיַחְלֹק עֲלֵיהֶם וְהֵם יוֹשְׁבִין בְּלִשְׁכַּת הַגָּזִית.
When, by contrast, a student who has not attained a level of erudition that enables him to issue halachic rulings, but, nevertheless, issues a ruling, he is not liable. This is derived from Deuteronomy 17:8 which states: “If a matter of judgment exceeds your grasp....” Implied is that the passage concerns only a scholar who is unable to grasp something which is exceedingly difficult to comprehend.26אֲבָל אִם הָיָה תַּלְמִיד שֶׁלֹּא הִגִּיעַ לַהוֹרָאָה, וְהוֹרָה לַעֲשׂוֹת – פָּטוּר, שֶׁנֶּאֱמַר "כִּי יִפָּלֵא מִמְּךָ דָבָר לַמִּשְׁפָּט" (דברים יז, ח) - מִי שֶׁלֹּא יִפָּלֵא מִמֶּנּוּ אֶלָא דָּבָר מֻפְלָא.
6If a sage was an exceedingly great scholar and a member of a court and differed with the Supreme Sanhedrin and he returned home and taught others according to his original conception, but did not direct them to act accordingly, he is not liable.27 This is derived from ibid.:12 which states: “And the person who acts obstinately”; i.e., the punishment is warranted not for speaking obstinately, but for issuing a directive for action or for acting oneself.והָיָה חָכָם מֻפְלָא שֶׁל בֵית דִּין, וְחָלַק, וְשָׁנָה וְלִמֵּד לַאֲחֵרִים כִּדְבָרָיו, אֲבָל לֹא הוֹרָה לַעֲשׂוֹת – פָּטוּר, שֶׁנֶּאֱמַר "וְהָאִישׁ אֲשֶׁר יַעֲשֶׂה בְזָדוֹן" (דברים יז, יב) - לֹא שֶׁיֹּאמַר בְּזָדוֹן, אֶלָא יוֹרֶה לַעֲשׂוֹת אוֹ יַעֲשֶׂה הוּא בְּעַצְמוֹ.
7If he found the Supreme Sanhedrin outside their place and rebelled against their ruling, he is not liable. This is derived from ibid.:8 which states: “And you shall arise and ascend to that place,” implied is that the place is the cause for capital punishment.זמְצָאָן חוּץ לִמְקוֹמָן, וְהִמְרָה עֲלֵיהֶן – פָּטוּר, שֶׁנֶּאֱמַר "וְקַמְתָּ וְעָלִיתָ אֶל הַמָּקוֹם" (דברים יז,ח) - מְלַמֵּד שֶׁהַמָּקוֹם גּוֹרֵם לוֹ מִיתָה.
All of the individuals mentioned above who are not executed and anyone who acts in a similar manner, although they are not liable for execution, the Supreme Sanhedrin should place them under a ban of ostracism,28 separate them from the community, subject them to corporal punishment, and prevent them from teaching their interpretation of the matter.29וְכָל אֵלּוּ וְכַיּוֹצֵא בָּהֶן, שֶׁהֵן פְּטוּרִין מִן הַמִּיתָה - יֵשׁ לְבֵית דִּין הַגָּדוֹל לְנַדּוֹתָן וּלְהַפְרִישָׁן וּלְהַכּוֹתָן וּלְמָנְעָן מִלְלַמֵּד כְּפִי מַה שֶׁיֵּרָאֶה לָהֶם שֶׁהַדָּבָר צָרִיךְ לְכָּךְ.
8How is the law applying to a rebellious elder adjudicated? When a matter is undecided because of its difficulty and a sage who is erudite enough to issue rulings whether with regard to a matter which he arrived at through his own reasoning or which he received from his teachers, he and the sages who differ with him ascend to Jerusalem and come to the court which holds sessions at the entrance to the Temple Mount. The court tells them: “This is the law.”חוְכֵיצַד דָּנִין זָקֵן מַמְרֵא? בְּעֵת שֶׁיִּפָּלֵא דָּבָר וְיוֹרֶה בּוֹ חָכָם הַמַּגִּיעַ לַהוֹרָאָה, בֵּין בְּדָבָר שֶׁיֵּרָאֶה בְּעֵינָיו בֵּין בְּדָבָר שֶׁקִבֵּל מֵרַבּוֹתָיו - הֲרֵי הוּא וְהַחוֹלְקִין עִמּוֹ עוֹלִין לִירוּשָׁלַיִם, וּבָאִין לְבֵית דִּין שֶׁעַל פֶּתַח הַר הַבַּיִת. אוֹמְרִין לָהֶן בֵּית דִּין 'כָּךְ הוּא הַדִּין'.
If the elder listens and accepts the ruling, it is desirable. If not, they all go to the court which holds sessions at the entrance to the Temple Courtyard. They also say: “This is the law.”אִם שָׁמַע וְקִבֵּל מֵהֶן, מוּטָב; וְאִם לָאו - כֻּלָּם בָּאִין לְבֵית דִּין שֶׁעַל פֶּתַח הָעֲזָרָה, וְאוֹמְרִים גַּם הֵם לָהֶם 'כָּךְ הוּא הַדִּין'.
If the elder listens and accepts the ruling, they go their ways. If not, they all go to the Supreme Sanhedrin in the Chamber of Hewn Stone from which the Torah emanates to the entire Jewish people, as Deuteronomy 17:10 states: “From that place which God has chosen.” The Supreme Sanhedrin tell them: “This is the law,” and they all depart.אִם קִבֵּל, יֵלְכוּ לָהֶן; וְאִם לָאו - כֻּלָּם בָּאִין לְבֵית דִּין הַגָּדוֹל שֶׁבְּלִשְׁכַּת הַגָּזִית, שֶׁמִּשָּׁם תּוֹרָה יוֹצְאָה לְכָל יִשְׂרָאֵל, שֶׁנֶּאֱמַר "מִן הַמָּקוֹם הַהוּא אֲשֶׁר יִבְחַר ה'" (דברים יז, י). וּבֵית דִּין אוֹמֵר לָהֶם 'כָּךְ הוּא הַדִּין'. וְיוֹצְאִין כֻּלָּן.
If the elder returns to his city and continues to interpret the law as he did previously and teaches this interpretation to others,30 he is not liable.חָזַר זֶה הֶחָכָם שֶׁחָלַק עַל בֵּית דִּין לְעִירוֹ, וְשָׁנָה וְלִמֵּד כְּדֶרֶךְ שֶׁהוּא לָמוּד - הֲרֵי זֶה פָּטוּר.
If he gave a directive for action or acted according to his conception himself, he is liable for execution. There is no need for a warning.31 Even if he offers a rationale to explain his conduct, we do not heed him.הוֹרָה לַעֲשׂוֹת אוֹ שֶׁעָשָׂה כְּהוֹרָאָתוֹ - חַיָּב מִיתָה, וְאֵינוֹ צָרִיךְ הַתְרָאָה. אַפִלּוּ נָתַן טַעַם לִדְבָרָיו, אֵין שׁוֹמְעִין לוֹ.
Instead, once witnesses come and testify that he acted according to his own directive or that he directed others to perform a deed, we sentence him to death in his local court.32 We take hold of him and bring him from that place to Jerusalem.אֶלָא כֵּיוָן שֶׁבָּאוּ עֵדִים שֶׁעָשָׂה כְּהוֹרָאָתוֹ אוֹ שֶׁהוֹרָה לַאֲחֵרִים לַעֲשׂוֹת - גּוֹמְרִין דִּינוֹ לְמִיתָה לְבֵית דִּין שֶׁבְּעִירוֹ. וְתוֹפְסִין אוֹתוֹ, וּמַעֲלִין אוֹתוֹ מִשָּׁם לִירוּשָׁלַיִם.
For we do not execute him in the presence of his local court, nor in the presence of the Supreme Sanhedrin who left Jerusalem, but instead, bring him to the Supreme Sanhedrin in Jerusalem.וְאֵין מְמִיתִין אוֹתוֹ בְּבֵית דִּין שֶׁבְּעִירוֹ, וְלֹא בְּבֵית דִּין הַגָּדוֹל שֶׁיָּצָא חוּץ לִירוּשָׁלַיִם, אֶלָא מַעֲלִין אוֹתוֹ לְבֵית דִּין הַגָּדוֹל שֶׁבִּירוּשָׁלַיִם.
Until the next pilgrimage festival, he is kept under watch. During the pilgrimage festival,33 he is executed by strangulation, as implied by ibid.:13: “And all Israel shall hear and become fearful.” This indicates that his execution must be announced.וּמְשַׁמְּרִין אוֹתוֹ עַד הָרֶגֶל, וְחוֹנְקִין אוֹתוֹ בָּרֶגֶל, שֶׁנֶּאֱמַר "וְכָל יִשְׂרָאֵל יִשְׁמְעוּ וְיִרָאוּ" (ראה דברים יג, יב; דברים יז, יג) - מִכְּלַל שֶׁצָּרִיךְ הַכְרָזָה.
There are four transgressors whose execution must be announced publicly:34 a rebellious elder, lying witnesses, a person who entices others to worship idols,35 and a wayward and rebellious son.36 For with regard to all of them, the Torah states: “so that they will hear and become afraid.”וְאַרְבָּעָה צְרִיכִין הַכְרָזָה - זָקֵן מַמְרֵא, וְעֵדִים זוֹמְמִין, וְהַמֵּסִּית, וּבֵן סוֹרֵר וּמוֹרֶה; שֶׁהֲרֵי בְּכֻלָּם נֶאֱמַר "יִשְׁמְעוּ וְיִרָאוּ" (ראה דברים יג,יב; דברים יז,יג).
Footnotes for Mamrim - Chapter 1
1.

I.e., the court of 71 judges described in Hilchot Sanhedrin 1:3. Since this book of the Mishneh Torah contains the laws pertaining to the establishment of the Supreme Sanhedrin, the Rambam mentions the laws governing a person who rebels against that court in the same book (Radbaz).

2.

As the Rambam explains in his introduction to the Mishneh Torah, from the Written Law alone, it is impossible to know how to observe the mitzvot. Instead, the explanation of their particulars was conveyed by the Oral Tradition from one generation to another. In each generation, the Supreme Sanhedrin in Jerusalem was considered the repository of that tradition and given the authority to clarify any and all questions regarding Jewish observance. Moreover, using the accepted principles of Biblical exegesis, they could develop new laws and insights.

3.

I.e., the Torah promises that there would be a High Court whose authority we are obligated to heed.

4.

Sefer HaMitzvot (positive commandment 174) and Sefer HaChinuch (mitzvah 495) count this as one of the 613 mitzvot of the Torah.
There are commentaries who maintain that this mitzvah (and the negative commandment in the following halachah) apply only to the High Court which holds sessions in the Chamber of Hewn Stone in Jerusalem. If it holds sessions elsewhere, even when sitting with 71 judges, these mitzvot do not apply. There are, however, other authorities who differ and maintain that they apply regardless of where the court holds session. The Sefer HaChinuch, loc. cit., goes even further and maintains that these mitzvot include even the obligation to heed the directives of courts in the present era.

5.

I.e., any believing Jew.

6.

Sefer HaMitzvot (negative commandment 312) and Sefer HaChinuch (mitzvah 496) count this as one of the 613 mitzvot of the Torah.

7.

On this verse, the Sifri comments: “Follow them even if they tell you that left is right.”

8.

I.e., in the case of a rebellious elder as stated in Chapter 3. See Hilchot Sanhedrin 18:2 which states that when a prohibition involves capital punishment, lashes are never given for its violation.

9.

E. g., the thirteen principles of Biblical exegesis stated by Rabbi Yishmael at the beginning of the Sifra (and quoted in the daily prayers) or other principles of this nature.

10.

E. g., the prohibition against eating chicken in milk. See Chapter 2, Halachah 10.

11.

E. g., the mitzvah of eruvin; see Hilchot Eruvin 1:2.

12.

E. g., the recitation of Hallel on Rosh Chodesh (Hilchot Chanukah 3:7).
More particularly, in his Introduction to his Commentary on the Mishnah, the Rambam defines “decrees” as referring to practices instituted to safeguard the observance of the mitzvot, and “edicts” and “customs” as referring to practices instituted on the basis of the sages’ understanding or because of mutual consent to regulate social norms or to bring people to a more complete Torah experience.

13.

The Ramban (Hasagot to Sefer HaMitzvot, General Principle 1) challenges the Rambam's ruling, stating that if so, anyone who violated a Rabbinic ordinance would be liable for lashing, for in effect he would be violating a Torah commandment. Similarly, the general principle - When there is doubt regarding to a question of Rabbinic Law, we follow the more lenient position, while when there is doubt with regard to a question of Scriptural Law, we follow the more severe position - would not apply. For all matters would involve Scriptural Law.
The Kiryat Sefer resolves the Rambam's ruling explaining that at the outset, the Sages established their ordinances with these leniencies in mind.
In Yayn Malchut, the Lubavitcher Rebbe explains the difference between the Scriptural commandments and the obligation to heed the rulings of the Rabbis as follows: Scriptural commandments can involve the cheftza (the physical substance of the article itself); the article is forbidden. Rabbinic commandments, by contrast, can involve only the gavra (the person observing the commandment); he is forbidden to perform the act (Tzafnat Paneach, Responsum 33). Hence since with regard to a Scriptural Commandment, the object itself becomes forbidden, we rule more stringently. With regards to a Rabbinic commandment, by contrast, since the object itself is not involved, there is room for leniency.

14.

Extending back to Moses at Sinai.

15.

Note the Rambam’s Introduction to his Commentary on the Mishnah, where he elaborates on this subject explaining that there was never any difference of opinion among the Jewish people about which species to use on Sukkos. Although the descriptions of some of the four species in the Torah do not give clear indications which species to use, the Jewish people have always employed the same four. Similarly, in all courts throughout our people’s history, “An eye for an eye” (Exodus 21:24), has always been interpreted as referring to financial payment, not actually gouging a person’s eye out. These and other similar matters have always been universally accepted.

16.

I.e., points derived through the accepted principles of Biblical exegesis.

17.

As stated in Hilchot Sanhedrin 1:3-4, a court of 23 judges should be established for every city with at least 120 inhabitants. If there are less, a court of three judges is established.

18.

See Hilchot Sanhedrin 1:3 with regard to the description of the courts mentioned in this and the following clause.

19.

I.e., the questioner, the judges of his local court, and the judges of the court on the Temple Mount.

20.

I.e., within the Women’s Courtyard, before the Nikanor Gates that lead to the Temple Courtyard.

21.

See Sanhedrin 88b which states: “When the students of the Schools of Shammai and Hillel who had not studied under their masters sufficiently multiplied, differences of opinion increased among the Jewish people and it became as if there were two Torahs.” See also the discussion of the matter in the Rambam’s Introduction to His Commentary on the Mishnah.

22.

I.e., the Supreme Sanhedrin had not reached a decision, and an action had to be taken immediately (see Lechem Mishneh).
Our translation follows the version in the standard printed texts of the Mishneh Torah. According to certain authoritative manuscripts and early printings, the version is “or the matter did not reach them,” i.e., the decision had to be made before the matter could be taken to the High Court.

23.

From the Rambam's wording, one might think that if a later court comes to a decision based on their appreciation of the subject, the principles mentioned below are followed despite the fact that a previous court had ruled differently. Even if the former court was greater in wisdom and in the number of adherents (see Chapter 2, Halachot 1-2), the latter court's decision may be followed, as stated by Rabbi Yehoshua ben Korcha in Avodah Zarah 7a (see Kessef Mishneh).
Rav Moshe HaCohen and the Lechem Mishneh differ and cite a responsum of the Rashba (Vol. 1, Responsum 253) which states that the ruling depends on which court is greater in wisdom and in the number of adherents. The Rashba does state there is room for leniency if the matter involves a major loss. This view is cited by the Ramah (Choshen Mishpat 25:2).

Footnotes for Mamrim - Chapter 2
1.

I.e., not only did they teach the matter in theory, they actually had their conception applied in practice.

2.

It would appear that this would apply even if the later court was lesser in wisdom and in the number of adherents than the court that made the original ruling (Radbaz).

3.

Rosh HaShanah 25b states: “Would you think that a person would go to a judge that was not in his age? Instead, the intent is that he should follow the judge in his age.... Yerubaal in his generation is like Moses in his generation. Yiftach in his generation is like Samuel in his generation.” Although Yerubaal and Yiftach represented - to make an understatement - less than the epitome of wisdom and righteousness, a person in their generation was enjoined to follow the rulings of their courts.
The concept that a lesser court can challenge the rulings of a previous court of greater stature appears to be supported by the Rambam’s statements in his Introduction to the Mishneh Torah where he states that after the conclusion of the Talmud, the Geonim of one generation can challenge the rulings of the Geonim who preceded them. Nevertheless, it appears to be contradicted by his statements there that no later sage can challenge the rulings made by the Sages of the Talmud. Similarly, in the Talmud itself, it appears that the Sages of the Gemorah (the Amoraim) would not challenge the rulings of the Sages of the Mishnah. Thus it would seem that there were cut-off points at which the Sages of one generation would not challenge the rulings of the Sages of previous generations.
The Kessef Mishneh explains that it is possible to explain that, after the conclusion of the Mishnah, all the Sages accepted the general principle not to challenge the rulings of the Mishnah, and similarly, after the conclusion of the Talmud, not to challenge the rulings of the Talmud. When, however, there are no general principles of this nature in effect, the principle stated by the Rambam in this halachah applies. See also Hilchot Sanhedrin 6:1.

4.

The Or Sameach relates that this principle explains why the Rambam calls the laws derived through the principles of Biblical exegesis, divrei sofrim, “the words of the Sages.” For their interpretation is dependent upon the Sages of each generation.

5.

The Supreme Sanhedrin as indicated by the following halachah.

6.

I.e., instituted a halachic practice on their own authority.

7.

See Halachot 5-7.

8.

In his Commentary to the Mishnah (Ediot 1:5), the Rambam interprets this term as meaning that the head of one court will be more renowned for his wisdom than the head of the other court.

9.

The Ra’avad takes issue with the Rambam’s statements, maintaining that once a decree has gain widespread acceptance within the Jewish community, it may not be nullified even by the prophet Elijah and his court. The Ra’avad’s position is based on Avodah Zarah 36a which makes such a statement with regard to the 18 matters in which the School of Shammai’s opinion was accepted over that of the School of Hillel’s (see Shabbat 17a). The Radbaz and the Kessef Mishneh, however, explain that these 18 matters represent an exception to the rule (see also the notes to Halachah 3). With regard to other matters. The Rambam’s ruling is accepted.

10.

Beitzah 5b derives this concept from God’s directives to the Jewish people before the Giving of the Torah. At first, He forbade sexual relations for three days in preparation for the Giving of the Torah. After the Giving of the Torah, there was a special command for the Jews to resume relations. Otherwise, although the reason for the safeguard had already been nullified - for the Torah had already been given - the original prohibition would have remained in effect.
The Ra’avad takes issue with this concept as well, stating that it. the rationale for an edict or decree has been nullified, the edict or decree can be nullified even if the court which does so is lesser than the court which instituted the decree. The Radbaz and the Kessef Mishneh, however, support the Rambam’s ruling.

11.

We have been translating biminyan, lit. “in number,” as “in the number of adherents,” including the Rambam’s resolution in the translation of the term from the outset. Others (the Ra’avad in his commentary to Ediot 1:5) interpret “in number,” as “in age.’’

12.

This ruling depends on the passage from Avodah Zarah 36a cited above. The Rambam maintains that the reason these 18 matters were given such power is because they were instituted as safeguards (Radbaz, Kessef Mishneh).

13.

See the Chatam Sofer (Yoreh De’ah, Responsum 13) which states that this ruling applies only when the rationale for which the safeguard was originally instituted still applies. If, however, that rationale was nullified, a court that is of greater stature than the court which instituted the decree may nullify it.

14.

I.e., although there are situations where we apply the principle (Ketubot 83b): “The words of the Sages are more severe than the words of the Torah,” this is not one of them (Kessef Mishneh).

15.

I.e., even capital punishment as indicated by the following note.

16.

In that vein, the Rambam states (Hilchot Sanhedrin 24:4, quoting Sanhedrin 46a): “An incident occurred where they had a man lashed for engaging in relations with his wife under a tree. And an incident occurred concerning a person who rode on a horse on the Sabbath in the era of the Greeks and they brought him to the court and had him stoned to death.”

17.

They must, however, clarify that their instructions are given only because of the immediate situation and should not be adopted as a permanent practice. The classic example of this is Elijah’s confrontation of the prophets of Baal at Mount Carmel (I Kings, ch. 18). Although there is both a positive and a negative commandment that requires all sacrifices to be offered in the Temple, Elijah offered a sacrifice on Mt. Carmel to prove God’s supremacy to the people. In Hilchot Yesodei HaTorah 9:3, the Rambam discusses the issue within the context of the license granted a prophet to temporarily violate the Torah’s commandments, stating:
If [the people] would have asked Elijah: “How can we violate the Torah’s command,”... he would have told them: “... Anyone who offers a sacrifice outside [the Temple’s premises] is liable for karet... [The present instance,] however, [is an exception]. I am offering a sacrifice... at God’s command to disprove the prophets of Baal.”
Just as a prophet is empowered to take such license based on God’s command, a court may take such license based on their own perception of the situation.

18.

In his gloss to this halachah, the Radbaz writes:
The analogy is not appropriate unless we see the entire Jewish people as one body. Although their bodies separate them, since their souls are hewn out from a single source, they are like one body, for the soul is of primary importance. Know this. From our master’s words, it appears that the analogy applies to the mitzvot. They are like one body and the court may nullify some [of the mitzvot] so [the people] observe the rest. Both interpretations are correct.
According to the first interpretation, the intent is that we may punish some Jews (as quoted from Hilchot Sanhedrin) so that the observance of the people at large will remain intact. See also Berachot 54a which interprets Psalms 119:126: “It is a time to act for God; they have nullified Your Torah,” as “They [i.e., the Sages] may ‘nullify Your Torah,’ because ‘it is a time to act for God.’” The intent is that the sages may violate certain Torah commandments temporarily if they feel that doing so will allow the body of the Torah to remain intact.

19.

Yoma 85b. See the Rambam’s statements in Hilchot Shabbat 2:1-3.

20.

Avodah Zarah 36a derives this concept from the exegesis of a verse. It is, however, logically understood. Regardless of the Sages’ positive intent, instituting a practice which people at large cannot uphold will lead to a weakening - and not a strengthening – of Torah observance.

21.

I.e., it is not necessary for a subsequent court to undertake a specific action to nullify the decree. If it was not accepted by the community, it is nullified automatically.
The Ramah (Yoreh De’ah 228:50, based on Piskei Mahari 292) rules that individuals also are not obligated to observe such decrees.

22.

The Ramah (Yoreh De’ah 228:50, based on Piskei Mahari 292) rules that individuals also are not obligated to observe such decrees.

23.

See the Kessef Mishneh who debates whether the intent is that the decree never spread throughout the Jewish community (as is Rashi’s view) or that at his time, its observance was not widespread. The latter interpretation would lead to the conclusion that even when originally, the Jewish people had by and large observed a decree, if it is not observed in a later generation, it can be nullified. The Kessef Mishneh does not, however, conclusively accept either interpretation.

24.

The Rambam's wording implies that since the original court was under the impression that the decree had spread throughout the Jewish community, the later court must nullify the decree. It is not automatically null and void.
One of the classic examples of this concept is the actions of Rabbi Yehudah Nesiah (the grandson of Rabbi Yehudah HaNasi, the author of the Mishnah). Rabbi Yehudah and his court permitted the use of oil made by gentiles although the decree forbidding it had been issued by the students of Hillel and Shammai, a court of far greater prestige. Rabbi Yehudah surveyed the Jewish community and saw that the decree had never been observed. Therefore, he had the authority to nullify it.

25.

Avodah Zarah 37a relates that after Rabbi Yehudah Nesiah repealed two prohibitions, some of his colleagues pressed him to repeal a third. He refused, saying that this would cause his court to develop a reputation for leniency.

26.

As stated in Halachot 2 and 3.

27.

As stated in Halachah 4.

28.

Sefer HaMitzvot (negative commandment 313) and Sefer HaChinuch (mitzvah 454) count the prohibition against adding to the Torah as one of its 613 mitzvot.

29.

Sefer HaMitzvot (negative commandment 314) and Sefer HaChinuch (mitzvah 455) count the prohibition against detracting from the Torah as one of its 613 mitzvot.

30.

I.e., the interpretation of the Written Law given to Moses at Sinai - "the mitzvah" to refer to the term used by the Rambam in his Introduction to the Mishneh Torah – is considered as equivalent to the Written Law itself. Just as it is forbidden to add or detract from a concept explicitly stated in the Torah; so, too, it is forbidden to add or detract from the explanation of a practice conveyed by the Oral Law. The Rambam reiterates these concepts in the ninth of his Thirteen Principles of Faith (Commentary to the Mishnah, Sanhedrin, ch. 10) stating:
The ninth principle is that the Torah of Moses will never be nullified.... There can be no additions to it, nor any deletions from it - neither in its text nor in its explanation. And thus we are commanded: "Do not add to it and do not detract it from it."
(Our translation is taken from the original manuscript versions of the Rambam's Commentary to the Mishnah. The standard published text varies slightly.)
The Ra’avad harshly differs with the Rambam’s explanation, stating that the Rambam’s words are fit to be carried away by the wind. The Ra’avad states that any practice established as a safeguard for Scriptural Law is never considered as a prohibited addition to the Torah even if it is established as a permanent practice and an allusion to it from the Torah is found. According to him, addition and detractions from the Torah involve adding or detracting from the observance of certain mitzvot: e.g., wearing five or three tzitzit instead of the required four, or adding or subtracting a species to the four used on Sukkos. The Radbaz and the Kessef Mishneh support the Rambam’s conception, while Rav Moshe HaCohen echoes the Ra’avad’s view.

31.

E. g., a deer or a buffalo which are kosher animals. The Rambam’s statements have attracted the attention of the commentaries, for there is a difference of opinion among the Rabbis in Chullin 116a, and the Rambam (Hilchot Ma’achalot Assurot 9:4) and many other Rishonim follow the view that the meat of a wild beast that is cooked in milk is not forbidden according to Scriptural Law. Why then does he state here that it is forbidden?
The Radbaz and the Kessef Mishneh explain that here, the Rambam is speaking theoretically: Were the halachah to follow the opinion that the meat of a wild beast is forbidden according to Scriptural law, the ruling would be such and such. The Merkevat HaMishneh, however, maintains that a printing error crept into the text in Hilchot Ma’achalot Assurot and the text should be changed to fit the Rambam’s ruling here.

32.

For the verse mentions “its mother’s milk,” and fowl do not have milk (Chulin 113a).

33.

This and the subsequent conclusions the Rambam mentions are all forbidden by Scriptural Law.

34.

For the verse mentions explicitly a "kid," i.e., a goat.

35.

I.e., interpreting the term according to its most literal meaning.

Footnotes for Mamrim - Chapter 3
1.

Note the qualification of this matter in Halachah 3.

2.

See Halachah 4 ff.

3.

The Rambam defines the term epicurus (the term used here) in Hilchot Teshuvah 3:8. It appears, however, that here, he is not referring to the precise definition of that term, but rather to a more general conception of heresy. It must be noted that many of the authoritative manuscripts of the Mishneh Torah use the term min (see Hilchot Teshuvah 3:7).

4.

As the Rambam continues to explain in the following halachah, a heretic should be slain. Any person may - and should - take the law into his own hands in this regard. There is no need to wait for judicial process.

5.

Indeed, if the pit has a ladder, the ladder should be removed. Compare to Hilchot Rotzeach 4:10 which says that if it is possible, one should kill such individuals with a sword in public view.

6.

I.e., there is no difference if the person denies the Oral Law or the Written Law.

7.

People who seek to give gentile authorities control over the lives or the property of their fellow Jews. As stated in Hilchot Chovel UMazik 8:9-10, if possible, it is a mitzvah to kill such people, even in the era of exile.

8.

As evident from the Shulchan Aruch (Choshen Mishpat 425:5), this terms refers to people who transgress with the intent of angering God. If, however, a person transgresses because he cannot control his desires, these severe measures do not apply.

9.

Compare to Hilchot Avodat Kochavim 10:1 which states that these individuals “cause difficulty to the Jews and sway the people away from God.” See also the Rambam’s Commentary to the Mishnah (Chullin 1:2) where he states that the progenitors of deviant approaches should be killed for corrupting the Torah.

10.

These were two of the greatest students of Antigonus of Socho. As the Rambam states in his Commentary to the Mishnah (Avot 1:3), after they heard Antigonus teach: “Do not be as servants who serve their master for the sake of receiving a reward,” they forsook Jewish practice, saying: “Is it just that we labor without receiving a reward?”
They began splinter sects with the intent of swaying the people after them. At first, they sought to abandon Jewish practice entirely. They saw, however, the people would not accept this and so they focused their complaints on the Oral Law, arguing that although the Written Law was of Divine origin, the Oral Law was not. Their intent, however, was to deny the entire Torah. Similarly, the individuals mentioned by the Rambam deny “the Oral Law first,” i.e., their intent is to deny the entire connection with God and the Torah.

11.

The Karaites represented a sect of deviant Jews who followed the approach of Tzadok and Beitus, rejecting the observance of the Oral Law although maintaining a certain amount of deference to Jewish tradition. In the Rambam's era, they had won the allegiance of many of the Jews in Egypt and North Africa. Their belief, however, was not perpetuated and after a brief epoch in history, they ceased to exist in significant numbers.

12.

The concept of a child captured and raised by gentiles is found in Shabbat 68b. It is explained that when such a child comes of age and later desires to atone for his conduct, he is required to bring only one sin offering for each transgression which he performed no matter how often he repeated it (in contrast to an ordinary person who must bring a sin offering for every act of transgression he performs). He is judged more leniently and not held fully responsible for his deeds, because he was raised in a non-Jewish environment. Similarly, the Rambam is postulating, the descendants of the Karaites should not be held responsible for their transgressions, for they were brought up in an environment that drew them away from the Torah and its mitzvot.

13.

As reflected in the manuscript copies of the Rambam’s Commentary to the Mishnah (Chullin 1:2), these words of patience and forbearance reflected a change in the Rambam’s thinking. In his youth, he concluded his treatment of the subject without including them. When he rewrote his Commentary to the Mishnah in his later years and here in the Mishneh Torah, he felt it necessary to include them.
Contemporary Rabbinic experts have applied the Rambam’s statements here to the question of how to do deal with Reform and Conservative Jews today.

14.

See the conclusion of the Rambam’s Iggeret HaShmad where he also urges a loving approach to sinners. themselves, stating: “It is not appropriate to ostracize and detest those who desecrate the Sabbath. Instead, one should draw them close and encourage them to perform mitzvot.... Even if a person transgresses intentionally, when he comes to the synagogue to pray, he should be accepted and should not be abused.”

15.

Deuteronomy, ch. 17.

16.

I.e., “the rebellious elder” must be a sage, as evident from the following halachah.

17.

I.e., derives concepts using the accepted principles of Biblical exegesis.

18.

As illustrated in the following halachot.

19.

As is required of all those who are executed; see Hilchot Sanhedrin 13:1.

20.

In contrast, those who deny the Oral Law are not granted a portion in the world to come (Kessef Mishneh, based on Hilchot Teshuvah, ch. 3).

21.

Stating that we must follow the rulings of the majority and not deviate from them.

22.

As explained in Hilchot Sanhedrin, ch. 4.

23.

See Chapter 4, Halachah 2. The Rambam’s ruling is dependent on his understanding of a difference of opinion among the Sages (Sanhedrin 86b, 87a).
Perhaps, tefillin are singled out, because “the entire Torah is equated to tefillin” (Yayin Malchut).

24.

If, however, he maintains that theoretically, the other sages are wrong, but refrains from giving a directive to others to act on his instructions and does not act upon them himself, he is not liable, as stated in Halachot 6 and 8.

25.

I.e., the chamber outside the Temple Courtyard where they would hold court. See Halachah 7.

26.

I.e., it does not apply to a scholar who lacks knowledge of more fundamental issues.

27.

The classic example of this principle is Akkavya ben Mahallel who received four teachings from his teachers which - though they represented the majority views at that time - were not accepted by the majority of the Sages in the following generation. Akkavya refused to change his conception of these laws, and yet, in deference to the majority, did not issue rulings for action according to his conception. Moreover, before his passing, he advised his son to accept the ruling of the majority (Ediot 5:6-7; Sanhedrin 88a).

28.

See Hilchot Talmud Torah, chs. 6 and 7.

29.

The Maharitz Chayot states that although this is a general guideline, in practice, the matter is left to the interpretation of every court. For that reason, Akkavya ben Mahallel was not ostracized or subjected to corporal punishment. Since Akkavya sought to minimize the discord and the lack of respect for the court that could result from different approaches being taught, he was not subjected to punishment.

30.

I.e., as an abstract concept without telling people that they should conduct themselves in this manner.

31.

In contrast to other cases where capital punishment is administered (Hilchot Sanhedrin 12:2). This ruling represents a change from the Rambam’s position in his Commentary to the Mishnah (Sanhedrin 11:2) where he states that such a warning is required.

32.

For a court of 23 judges has the authority to issue sentences of capital punishment.

33.

When the entire Jewish people gather together in Jerusalem. There the announcement and the execution will attract the most attention.
As evident from Hilchot Sanhedrin, 11:2. 13:5, executions are not held on the sacred days of the festivals, but on Chol HaMoed.

34.

The Radbaz explains that the execution of these four individuals is announced publicly, because in each instance, there is a rationale that might lead one to think that the transgression is not so severe: The rebellious elder did not actually commit a transgression; he merely instructed others to. The lying witnesses are not executed if the person was executed on the basis of their testimony, only when he has not yet been executed. Hence, one might think there is room for leniency. Similarly, as will be explained, the wayward and rebellious son is not executed because of the transgressions he performed, for stealing and eating gluttonously do not make him worthy to die. Instead, the Torah appreciates the ultimate outcome of his conduct. As such, there is room to argue that, at present, there is room for leniency. And the person who entices others to idol worship can argue that he himself did not commit the transgression. Hence, to make people aware that these transgressions are indeed severe, a public announcement is made.

35.

The commentaries have noted that Hilchot Avodat Kochavim, ch. 5, where the Rambam discusses the laws pertaining to someone who entices others to worship idols, does not mention that the execution of such a person is announced publicly. They explain that perhaps he relied on his statements here.

36.

The commentaries note that Hilchot Edut 18:17 (which speaks about the announcement of the execution of lying witnesses) and Chapter 7, Halachah 13, of these halachot (which speaks about the announcement of the execution of a wayward and rebellious son) do not mention that these individuals should be executed during a pilgrimage festival. Instead, they state that a proclamation concerning these individual’s execution should be circulated among the Jewish people. This has led the Kessef Mishneh to conclude that according to the Rambam, only the rebellious elder must be executed at that time. This view is supported by an opinion in the Tosefta (Sanhedrin 9:1). Others, however, point to another opinion in the Tosefta (ibid. 11:3) which states that all four individuals should be executed on a pilgrimage festival.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah
Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.