Mishnah 1
1)
(a)The Mishnah discusses a case where Beis-Din issue a ruling that contravenes one of the Mitzvos of the Torah and a Yachid be'Shogeg (innocently) follows their ruling. What sort of ruling is the Tana referring to?
(b)What does the Tana rule, assuming that the Yachid contravenes ...
1. ... together with Beis-Din?
2. ... after Beis-Din?
3. ... but Beis-Din did not?
(c)What is the reason for this ruling?
(d)What does the word 'be'Shogeg' come to preclude? In which case will the Yachid be Chayav?
1)
(a)The Mishnah discusses a case where Beis-Din issue a ruling - permitting something for which one is actually Chayav Kareis and a Yachid be'Shogeg (innocently) follows their ruling.
(b)Irrespective of whether the Yachid contravenes ...
1. ... together with Beis-Din ...
2. ... after Beis-Din or ...
3. ... if Beis-Din did not, the Tana rules that - he is Patur from bringing a Chatas (See Tosfos Yom Tov) ...
(c)... because he relied on Beis-Din's ruling.
(d)The word 'be'Shogeg' comes to preclude - where he contravenes the Halachah (not because he relied on Beis-Din's ruling, but) because, for example, after Beis-Din's P'sak, he inadvertently ate a piece of Cheilev instead of a piece of Kasher fat, in which case he will be Chayav.
2)
(a)The author of the Mishnah is Rebbi Yehudah. What do the Chachamim say?
(b)On what condition will the Yachid be Patur?
(c)What is then the Halachah according to the Chachamim?
(d)Like whom is the Halachah?
2)
(a)The author of the Mishnah is Rebbi Yehudah. According to the Chachamim - the Yachid is Chayav to bring a Korban.
(b)He will only be Patur - if, either the majority of Yisrael or of one tribe follow the Beis-Din's ruling (See Tosfos Yom-Tov DH 've'Halach ha'Yachid') ...
(c)... in which case - Beis-Din then bring a Par He'elam Davar, and whoever followed their ruling is Patur.
(d)The Halachah is - like the Chachamim.
3)
(a)What if the Yachid who followed their ruling is a member of Beis-Din, who realized that Beis-Din erred?
(b)Does it make a difference whether he contravened together with Beis-Din or after Beis-Din, or whether he contravened but Beis-Din did not?
(c)To whom else does this latter ruling apply besides a member of Beis-Din?
(d)On what grounds is he Chayav, even according to Rebbi Yehudah?
(e)Seeing as the current Yachid knew that the ruling was issued in error, what makes him a Shogeg? Why is he Chayav a Korban and not Kareis?
3)
(a)If the Yachid who followed their ruling is a member of Beis-Din, who realized that the Beis-Din had erred - he is Chayav to bring a Korban (even according to Rebbi Yehudah) ...
(b)... irrespective of whether he contravened together with Beis-Din or after Beis-Din, or whether he contravened but Beis-Din did not (See Tosfos Yom Tov).
(c)This latter ruling applies, besides to a member of Beis-Din - to a Talmid who has reached the stage of Hora'ah (See Tosfos Yom Tov).
(d)He is Chayav, even according to Rebbi Yehudah - since, knowing that Beis-Din erred, he did not rely on their ruling.
(e)Despite the fact that the current Yachid knew that the ruling was issued in error, he is Chayav to bring a Korban and not Kareis - because he believed that one is obligated to follow the ruling of the Beis-Din even if they err.
4)
(a)With which dual principle does the Tana end the Mishnah?
(b)Whom does it come to include?
4)
(a)The Tana ends the Mishnah with the principle - that 'Someone who relies on himself is Chayav a Korban, whereas if he relies on the Beis-Din, he is Patur' ...
(b)... which comes to include - somebody who acted according to the ruling of the Beis-Din (not because he followed their ruling, but) because he thought it was permitted.
Mishnah 2
5)
(a)In a case where Beis-Din issued an erroneous ruling and retracted, and a Yachid follows their ruling, Rebbi Shimon exempts him from bringing a Chatas. Does it make a difference whether Beis-Din already brought a Par He'elam Davar or not?
(b)What is Rebbi Shimon's reason?
(c)What does Rebbi Eliezer say?
5)
(a)In a case where Beis-Din issued an erroneous ruling and retracted, and a Yachid followed their ruling, Rebbi Shimon exempts him from bringing a Chatas - irrespective of whether Beis-Din already brought a Par He'elam Davar or not ...
(b)... due to the fact that their ruling became widespread (and he therefore relied on it).
(c)Rebbi Eliezer says - that it is a Safek (as we will now explain).
6)
(a)What does Rebbi Eliezer mean when he says 'Safek'?
(b)What are the Halachic ramifications of his ruling?
(c)Like whom is the Halachah?
6)
(a)When Rebbi Eliezer says 'Safek' he means that - since he could have made inquiries about the Beis-Din's ruling, but did not, he seems to have a Safek as to whether he sinned or not ...
(b)Consequently - he is Chayav to bring an Asham Taluy.
(c)The Halachah is - like Rebbi Eliezer (See Tosfos Yom-Tov).
7)
(a)On what condition does Rebbi Eliezer ...
1. ... consider it a 'Safek' (and Chayav Asham Taluy)?
2. ... rule that he is Patur altogether?
(b)Why the difference?
(c)What does he really mean when he says 'Halach lo ... '?
(d)Why is that?
7)
(a)Rebbi Eliezer ...
1. ... considers it a 'Safek' (and Chayav Asham Taluy) - only if he was sitting at home.
2. ... rules that he is Patur altogether - if he traveled 'overseas' ...
(b)... because whereas in the former case he was in a position to follow the rulings of Beis-Din (in which case he could have made inquiries about the Beis-Din's rulings and discovered that they had retracted), whereas in the latter case he was not.
(c)When he says 'Halach lo ... ', he means - even if he has only begun to make preparations to travel ...
(d)... because already then he is too busy to keep track of Beis-Din's affairs.
8)
(a)What does Rebbi Akiva have to say about the latter case?
(b)And what does ben Azai say?
(c)Like whom is the Halachah?
8)
(a)Rebbi Akiva says that in the latter case - he agrees with Rebbi Eliezer that he will be Patur once he begins to prepare to travel ...
(b)... whereas ben Azai does not see why someone who is preparing to travel is so busy that he cannot inquire about Beis-Din's rulings (that affect him).
(c)The Halachah is - like Rebbi Akiva.
Mishnah 3
9)
(a)What does the Mishnah rule in a case where Beis-Din Paskened that there is no Isur Nidah or Shabbos min ha'Torah?
(b)Which third case does the Tana incorporate in this ruling?
(c)How does he learn this from the Pasuk in Vayikra "ve'Ne'elam Davar"?
9)
(a)In a case where Beis-Din Paskened that there is no Isur Nidah or Shabbos min ha'Torah, the Mishnah rules - that they are Patur.
(b)The third case the Tana incorporates in this ruling is - where they Pasken that Avodah-Zarah is not Asur.
(c)He learns this from the Pasuk in Vayikra "ve'Ne'elam Davar" - which implies that they are only Chayav if 'an aspect' is hidden from them, but not a complete issue (See Tosfos Yom Tov).
10)
(a)Assuming that Beis-Din concede the basic Halachah, on what condition does the Mishnah declare them Chayav regarding ...
1. ... Nidah?
2. ... Shabbos?
3. ... Avodah-Zarah?
(b)On what grounds does the Gemara reject the Mishnah's explanation regarding Nidah?
(c)What is the significance of the Pasuk in Metzora (in connection with Zavah) "ve'Safrah lah"?
(d)What is then the case of Nidah/Zavah?
(e)On which Pasuk there is their error based?
10)
(a)Assuming that Beis-Din concede the basic Halachah, the Mishnah declares them Chayav regarding ...
1. ... Nidah - if they Pasken that the Din of Shomeres Yom k'Neged Yom (Tamei after one sighting) does not apply.
2. ... Shabbos - if they Pasken that one is not Chayav for carrying from one domain to another.
3. ... Avodah-Zarah - if they Pasken that one is not Chayav for 'Hashtachavayah' (prostrating oneself before an image).
(b)The Gemara rejects the Mishnah's explanation regarding Nidah - inasmuch as Beis-Din are only Chayav for a ruling that concerns an issue not specifically mentioned in the Torah, which Shomeres Yom k'Neged Yom is, as we learn from ...
(c)... the Pasuk in Metzora (in connection with Zavah) "ve'Safrah lah".
(d)The case of Nidah/Zavah therefore is - where Beis-Din erroneously Pasken that a woman is only a Zavah if she sees by day ...
(e)... based on the Pasuk "Kol Y'mei Zovah".
11)
(a)The Gemara also qualifies the above explanation of Shabbos, where the Torah specifically writes (in Beshalach) "Al Yeitzei Ish mi'Mekomo" and of Avodah-Zarah, where it writes (in Ki Sissa) "Lo Sishtachaveh le'Eil Acher". What do ...
1. ... we know from the Pasuk in Beshalach regarding Shabbos?
2. ... Beis-Din then rule that renders them Chayav?
(b)And by the same token, what do ...
1. ... we know from the Pasuk in Ki Sissa regarding Avodah-Zarah?
2. ... Beis-Din then rule that renders them Chayav?
(c)Which principle determines that Beis-Din are Chayav a Par He'elam Davar?
(d)What if they issue a ruling that contravenes something that even the Tzedokim concede?
(e)Why is that?
11)
(a)The Gemara also qualifies the above explanation of Shabbos, where the Torah specifically writes (in Beshalach) "Al Yeitzei Ish mi'Mekomo" and of Avodah-Zarah, where it writes (in Ki Sissa) "Lo Sishtachaveh le'Eil Acher". We know ...
1. ... from the Pasuk in Beshalach regarding Shabbos that - one is Chayav for transporting from one domain to another on Shabbos; and Beis-Din Paskened that ...
2. ... whereas Hachnasah (carrying from the R'shus ha'Rabim into the R'shus ha'Yachid) and Hotza'ah (vice-versa) are Chayav, Zerikah and Hoshatah (throwing and handing over) are Patur.
(b)And by the same token, what ...
1. ... we know from the Pasuk in Ki Sissa regarding Avodah-Zarah is that - Hishtachavayah (even just bowing down) is Chayav ...
2. ... and Beis-Din ruled that - one is only Chayav if one actually prostrates oneself to it, hands and feet outstretched, but not if one merely bows down to it.
(c)The principle that determines that Beis-Din are Chayav a Par He'elam Davar is - that it must be something with which the Tzedokim do not agree.
(d)If they issue a ruling which something that even the Tzedokim concede - then whoever transgresses must bring a Korban Chatas ...
(e)... since every little child knows that it is incorrect.
Mishnah 4
12)
(a)The first in a list of cases that negate the Din of Par He'elam Davar is where if even just one of the Dayanin maintains that Beis-Din have erred. What does the Mishnah learn from the Pasuk in Vayikra (in connection with the Par He'elam Davar) "ve'Im Kol Adas Yisrael Yishgu"?
(b)The second case in the list is where the Mufla she'be'Beis-Din was not present when they issued the false ruling. What is 'Mufla she'be'Beis-Din'?
(c)The list continues with a Beis-Din that includes a Ger, a Nasin and a Mamzer. What do all of these have in common?
(d)The last case is where one member of Beis-Din is a Zaken who has no children. On what grounds is he Pasul from sitting on the Beis-Din?
12)
(a)The first in a list of cases that negate the Din of Par He'elam Davar is where if even just one of the Dayanin maintains that Beis-Din have erred. The Mishnah learns from the Pasuk in Vayikra - "ve'Im Kol Adas Yisrael Yishgu" that - contrary to all other Dinim, where we follow the majority, the Din of Par He'elam Davar only applies where each and every member of Beis-Din is a Shogeg (See also Tosfos Yom Tov).
(b)The second case in the list is where the 'Mufla she'be'Beis-Din' - the chief Dayan, was not present when they issued the false ruling (See Tosfos Yom-Tov).
(c)The list continues with a Beis-Din that includes a Ger, a Nasin and a Mamzer - all of whom are ineligible to sit on Beis-Din.
(d)The last case is where one member of Beis-Din is a Zaken who has no children (See Tosfos Yom-Tov), who is Pasul from sitting on the Beis-Din - because generally a person who has no children contains a streak of cruelty.
13)
(a)We learn the previous Din from a Gezeirah Shavah "Eidah" ("ve'Im Kol Adas Yisrael Yishgu") "Eidah" ("ve'Shaftu ha'Eidah", in Parshas Mas'ei). In which context is the latter Pasuk written?
(b)What exactly do we learn from there?
(c)How do we learn that in turn, from the Pasuk in Beha'alocha "ve'Hisyatzvu Sham Imach" (See Tosfos Yom Tov)?
13)
(a)We learn the previous Din from a Gezeirah Shavah "Eidah" ("ve'Im Kol Adas Yisrael Yishgu") "Eidah" ("ve'Shaftu ha'Eidah", in Parshas Mas'ei - in connection with the Go'el ha'Dam (of a man who was murdered).
(b)We learn from there - that just as there all the judges must be fit to judge, so too here.
(c)We learn that in turn, from the Pasuk in Beha'alocha "ve'Hisyatzvu Sham Imach" (See Tosfos Yom Tov) - which implies that all the judges must be like Moshe Rabeinu.
14)
(a)The Din of Par He'elam Davar that the Sanhedrin bring applies where both the Beis-Din's ruling and the people's transgression are be'Shogeg. What does the Tana say in a case where Beis-Din ruled ...
1. ... Meizid and the people transgressed Shogeg?
2. ... Shogeg and the people transgressed Meizid?
14)
(a)The Din of Par He'elam Davar that the Sanhedrin bring applies where both the Beis-Din's ruling and the people's transgression are be'Shogeg. In a case where Beis-Din ruled ...
1. ... Meizid and the people transgressed Shogeg - each person is obligated to bring a Kisbah or a Se'eirah as a Chatas, whereas where both that Beis-Din rule ...
2. ... Shogeg and the people transgressed Meizid - they are both Patur (See Tosfos Yom Tov).
Mishnah 5
15)
(a)If Beis-Din issued an erroneous ruling which the whole of Yisrael followed, Rebbi Meir rules that Beis-Din bring one Par. What if only the majority transgressed?
(b)And what will be the Din if that ruling concerned Avodah-Zarah?
(c)What does Rebbi Yehudah say regarding these rulings?
(d)What does he learn from the Pasuk in Divrei ha'Yamim "Vaya'amod Yehoshafat bi'Kehal Yehudah"?
15)
(a)If Beis-Din issued an erroneous ruling which the whole of Yisrael - or the majority, followed, Rebbi Meir rules that Beis-Din brings a Par.
(b)If Beis-Din issued an erroneous ruling concerning Avodah-Zarah - Rebbi Meir rules that Beis-Din brings a Par and a Sa'ir.
(c)Rebbi Yehudah rules - that they bring twelve Parim or twelve Parim and Se'irim (respectively), one for each tribe ...
(d)... which he learns from the Pasuk in Divrei ha'Yamim "Vaya'amod Yehoshafat bi'Kehal Yehudah" - implying that each tribe is considered a 'Kahal' (See Tosfos Yom Tov).
16)
(a)According to Rebbi Shimon, they bring thirteen lots of Korbanos. What is the significance of the thirteenth?
(b)What is his reason?
(c)Like whom is the Halachah?
16)
(a)According to Rebbi Shimon, they bring thirteen lots of Korbanos - one for each tribe and one for the Beis-Din ...
(b)... because he holds that a Beis-Din that erred in its ruling does not receive atonement via the bulls and goats that the tribes bring (See Tosfos Yom Tov).
(c)The Halachah is - like Rebbi Yehudah.
17)
(a)If only seven tribes followed the ruling of Beis-Din, according to Rebbi Meir, they bring one Par (or one Par and one Sa'ir). What if those seven tribes did not comprise the majority of Yisrael?
(b)What dos Rebbi Yehudah say?
(c)According to Rebbi Shimon they bring eight Parim (or eight Parim and eight Se'irim). Why is that?
17)
(a)If only seven tribes followed the ruling of Beis-Din, according to Rebbi Meir, they bring one Par (or one Par and one Sa'ir) - even if those seven tribes do not comprise the majority of Yisrael.
(b)Rebbi Yehudah maintains that - each of the remaining tribes (See Tiferes Yisrael) is also Chayav to bring a Par (See Tosfos Yom Tov [or a Par and a Sa'ir]).
(c)According to Rebbi Shimon they bring eight Parim (or eight Parim and eight Se'irim) - one for each tribe and one for the Beis-Din (See Tosfos Yom Tov).
18)
(a)If the Beis-Din of one of the tribes issued an erroneous ruling which that tribe subsequently followed, Rebbi Yehudah requires that tribe to bring one Par. What about the other tribes?
(b)On what grounds do the Chachamim declare them Patur?
(c)From which Pasuk in Vayikra (in connection with the Par He'elam Davar) do they learn it?
(d)Like whom is the Halachah?
18)
(a)If the Beis-Din of one of the tribes issued an erroneous ruling which that tribe subsequently followed, Rebbi Yehudah requires that tribe to bring one Par (See Tosfos Yom Tov). The other tribes - are Patur (provided that that tribe did not comprise the majority of Yisrael [See Tosfos Yom Tov]).
(b)The Chachamim declare them Patur - because the Din of Par He'elam Davar is confined to the Beis-Din ha'Gadol (and does not apply to the Beis-Din on one tribe).
(c)They learn it from the Pasuk in Vayikra (in connection with the Par He'elam Davar) "ve'Im Kol Adas Yisrael Yishgu" ('ve'Lo Adas oso ha'Sheivet').
(d)The Halachah is - like the Chachamim.
