Horayos 3b
הוריות ג׳ ע״ב
Horayot 3b
Learn Horayos 3b step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Horayos 3b in Gemara Clarity
Topic
How much of the court must agree to a mistaken ruling, the judges' shared responsibility, and the laws of acting on a reversed ruling or a ruling that uproots a whole מצוה.
Overview
This amud opens by closing a question from the previous amud with תיקו. Next, רבי יונתן teaches that a court brings its offering only if every judge agreed to the mistaken ruling, and רב הונא בריה דרב הושעיא supports this from the word 'כל'. The גמרא defends רבי יונתן against two משניות by saying the judge who disagreed nodded along. רב משרשיא then refutes him from the פסוק 'הגוי כלו', which follows the majority, so 'כל עדת' is reinterpreted to mean that the whole court must be present. רבי יהושע teaches that every judge, even a student before his teacher, shares the blame, and רב הונא and רב אשי brought others in to share that weight. A new משנה discusses someone who acted on a ruling the court had already reversed, and it teaches that uprooting a whole מצוה is פטור while cancelling one detail is חייב. The גמרא explains רבי שמעון's exemption, answers a challenge about collecting money for the offerings, and ends with רבי זירא comparing רבי אלעזר's view to eating fat that might be חלב.
Opening lines
אוֹ דִּלְמָא [יְדִיעָה]
Or perhaps the awareness
דְּהָהוּא בֵּית דִּין דְּהוֹרוּ בָּעִינַן!
of that same court that ruled is what we require!
תֵּיקוּ.
Let it stand.
אָמַר רַבִּי יוֹנָתָן:
Rabbi Yonatan said:
The steps (38)
- QuestionThe second side of the question: must the same court become aware?
- ConclusionThe question is left unresolved
- StatementAll the judges must agree to the ruling
- ProofLogical support: 'all' must mean truly all
- StatementQuoting the משנה about a judge who knew the ruling was wrong
- ChallengeChallenge: other people are exempt even though one judge disagreed
- ResolutionAnswer: the dissenting judge nodded in agreement
- ChallengeA second משנה: the silent judge
- ResolutionSame answer: he nodded his head
- Challengeרב משרשיא's objection: decrees on the community
- ChallengeThe פסוק says 'the whole nation' but means the majority
- Conclusionרבי יונתן is refuted
- QuestionThen what does 'כל עדת' teach?
- ResponseAll the judges must be present
- StatementAll judges on the court share the blame
- ChallengeIsn't that obvious?
- ResolutionEven a student before his teacher is responsible
- Statementרב הונא brings ten scholars to share the load
- Statementרב אשי brings ten butchers for טריפה questions
- StatementNew משנה: acting on a ruling the court already took back
- QuestionWhich case counts as a doubt?
- ResponseAt home he is liable; overseas he is exempt
- Statementרבי עקיבא agrees about the one overseas
- Challengeבן עזאי asks: why is he different?
- ResolutionThe one at home could have heard
- StatementUprooting a whole מצוה is exempt, cancelling part is liable
- QuestionHow does cancelling part of a מצוה look?
- ResponseThree examples of cancelling one detail
- ProofProof from the verse: "a matter," not the whole
- Statementרב's reason for רבי שמעון: he acted with the court's permission
- StatementSecond version: a ruling is only there to tell apart unknowing and knowing sins
- ChallengeChallenge: a special collection for the offerings makes the mistake known
- ResolutionFirst answer: the money was collected without saying what it was for
- ResolutionSecond answer: the person was not in town
- Resolutionרב follows the version of the ברייתא with the opinions reversed
- StatementFour opinions about someone who followed the ruling after the court took it back
- StatementThe difference between רבי אלעזר and סומכוס is the אשם תלוי
- Statementרבי זירא's comparison explaining רבי אלעזר