(Mishnah): Zaken Mamrei is one who rebels against the Great Sanhedrin - "Ki Yipalei Mimcha Davar la'Mishpat Bein Dam l'Dam Bein Din l'Din'';

There were three Sanhedriyos there. One sits at the entrance to Har ha'Bayis, one sits at the entrance to the Azarah, and one sits in Lishkas ha'Gazis.

[If a Chacham opposed the Beis Din of his city], they go to the [Sanhedrin] at the entrance to Har ha'Bayis. He says 'this is how I expounded. This is how my colleagues expounded. This is how I learned. This is how my colleagues learned.' If [the Sanhedrin] has a tradition for the law, they give it. If not, they go to the one at the entrance to the Azarah.

He says 'this is how I expounded. This is how my colleagues expounded. This is how I learned. This is how my colleagues learned.' If also this Sanhedrin has no tradition, these and these (also the first Sanhedrins) go to the Great Sanhedrin in Lishkas ha'Gazis which teaches Torah to Yisrael - "Min ha'Makom Asher Yivchar Hash-m.'' (The Great Sanhedrin rules on the issue.)

If the Chacham returns to his city and learns as he did before, he is exempt. If he rules (for others to follow in practice) he is liable. "Asher Ya'aseh v'Zadon'' - he is liable only if he teaches for others to do.

If a Talmid (not qualified to rule) rules [even for others], he is exempt. It turns out that his stringency (he is not proper to give rulings, so people will not rely on him - ME'IRI) is his leniency (it exempts him).

(Gemara): "Ki Yipalei Mimcha Davar la'Mishpat'' teaches that the verse discusses Mufla (an expert Chacham) on the Beis Din. (It excludes a Talmid not proper to rule.)

"Mimcha'' refers to counsel (whether or not to be Me'aber the year). "Davar'' refers to Halachah l'Moshe mi'Sinai. (He is killed even for these.)

"Bein Dam l'Dam'' - whether [they argue about] Dam Nidah, Dam Leidah or Dam Zivah. (We explained the Gemara until here like KORBAN HA'EDAH);

"Bein Din l'Din'' - whether monetary cases or capital cases. Bein Din l'Din - whether Dinim of Niskalim, Nisrafim Neheragim or Nichnakim.

"Bein Nega l'Nega'' - whether laws of Metzora Musgar or Metzora Muchlat. "Bein Nega l'Nega'' - whether laws of Tzara'as of people, of garments or of houses.

"Divrei'' refers to Erchin, Cherem, Temurah and Hekdesh. "Rivos'' refers to giving a Sotah to drink, performing Eglah Arufah and Taharah of a Metzora.

"V'Kamta'' - you will get up from Beis Din [where you were judging]. "V'Alisa'' is ascending [to Yerushalayim].

Alternatively, "v'Alisa'' teaches that the Beis ha'Mikdash is built only in the highest place in the world. What is the reason? "Ki v'Har Kadshi b'Har Merom Yisrael''; "[b'Har Merom Yisrael] Eshtalenu v'Nasa Anaf v'Asah Peri....'' (Yechezkel 20:40, 17:23).

"U'Vasa'' includes the Beis Din in (when the Great Sanhedrin was exiled to) Yavneh. R. Zeirah said, this is for She'elah (if he went there and asked, and later they returned to the Mikdash and he rebelled against them - MAR'EH HA'PANIM).

If a Zaken Mamrei ruled to do, and he did, he is liable. If he ruled [Stam] but did not do, he is exempt. If he ruled not in order to do, he is exempt. If he ruled [explicitly] in order to do, even if he did not do, he is liable.

Rebuttal (R. Heila): Did R. Yishmael teaches like this?! "Asher Yaaseh'' - does it not mean that [the Zaken Mamrei himself] will do?! (TZAFNAS PANE'ACH)

(R. Huna): If [a Chacham] used to teach a Halachah, and afterwards an episode occurred [relevant] to him, we do [like his teaching even] for him. If after an episode occurred for (relevant to) him], we do [like his teaching] for others, but not for him.