ï»¿POINT BY POINT SUMMARY - Horayos, Daf 2
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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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HORAYOS 2 (27 Iyar) - Dedicated by Gitle Bekelnitzky in honor of the fifth Yahrzeit of her father, Zev ben Ephraim v'Chaya Krause 1) THE "HORA'AH" OF BEIS DIN
(a) (Mishnah): If the Great Sanhedrin (which is simply called Beis Din in this Masechta) (mistakenly) gave a Hora'ah (a ruling) to transgress a Mitzvah (punishable by Kares): 1. If an individual relied on Beis Din and transgressed (b'Shogeg), whether he transgressed with them, or after them, or even if Beis Din themselves did not transgress, he is exempt, because he relied on Beis Din.
2. If a member of the Beis Din or a Chacham qualified to give Hora'ah knew that Beis Din erred, and transgressed - whether he transgressed with them, after them, or without them, he is liable (brings a Korban), because he did not rely on Beis Din.
3. The general rule is - one who relies on himself is liable, one who relies on Beis Din is exempt.
(b) Version #1 (Gemara - Shmuel): Beis Din brings Par He'elam Davar (a bull to atone for a mistaken Hora'ah which caused the majority of Yisrael to transgress) only if Beis Din said 'You are permitted';
(c) (Note: Tana'im argue (4B-5A) whether Parim are (also or only) brought by the Shevatim (tribes)
- in general, we will refer to Beis Din bringing a Par, without concern for the different opinions.) (d) (Rav Dimi of Nehardai): Beis Din is liable only if they said 'You are permitted to act'; 1. If they did not say this, the Hora'ah was not final.
(e) Support #1 (for Rav Dimi - Abaye - Mishnah): If a Zaken Mamrei (a Chacham who ruled unlike the Sanhedrin) returned to his city, learned and taught as before - he is exempt; 1. If he ruled *to act*, he is killed.
(f) Support #2 (R. Aba - Mishnah): (One witness testified that Leah's husband died; Beis Din told her that she may remarry.) If Leah was Mezanah (had relations without marriage), and her husband returned, she brings a Korban, for Beis Din only allowed her to remarry. (Rashi - they did not say
'You are permitted', therefore it is not considered Hora'ah. Ramah (in Tosfos ha'Rosh) - even though permission to remarry shows that she is (according to Beis Din) single and exempt for Zenus, nevertheless she is liable - this shows that Hora'ah is limited to the action Beis Din permitted.) POINT BY POINT SUMMARY - Horayos, Daf 2
(g) Support #3 (Ravina - Mishnah): If Beis Din gave a Hora'ah *to transgress*...
1. One cannot refute this support.
(h) Version #2 (Shmuel): Beis Din is liable only if they said 'You are permitted to act'; (i) (Rav Dimi of Nehardai): Even 'You are permitted' is a final Hora'ah.
(j) Question #1 (against Rav Dimi - Abaye - Mishnah): If the Chacham returned to his city, learned and taught as before - he is exempt;
1. If he ruled *to act* - he is killed.
(k) Question #2 (R. Aba - Mishnah): If Beis Din permitted Leah to remarry; she was Mezanah, and her husband returned, she brings a Korban, for Beis Din only permitted her to remarry.
(l) Question #3 (Ravina - Mishnah): If Beis Din gave a Hora'ah *to transgress*...
1. One cannot answer this question.