Gemara Clarity

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)

  1. QuestionThe second side of the question: must the same court become aware?
  2. ConclusionThe question is left unresolved
  3. StatementAll the judges must agree to the ruling
  4. ProofLogical support: 'all' must mean truly all
  5. StatementQuoting the משנה about a judge who knew the ruling was wrong
  6. ChallengeChallenge: other people are exempt even though one judge disagreed
  7. ResolutionAnswer: the dissenting judge nodded in agreement
  8. ChallengeA second משנה: the silent judge
  9. ResolutionSame answer: he nodded his head
  10. Challengeרב משרשיא's objection: decrees on the community
  11. ChallengeThe פסוק says 'the whole nation' but means the majority
  12. Conclusionרבי יונתן is refuted
  13. QuestionThen what does 'כל עדת' teach?
  14. ResponseAll the judges must be present
  15. StatementAll judges on the court share the blame
  16. ChallengeIsn't that obvious?
  17. ResolutionEven a student before his teacher is responsible
  18. Statementרב הונא brings ten scholars to share the load
  19. Statementרב אשי brings ten butchers for טריפה questions
  20. StatementNew משנה: acting on a ruling the court already took back
  21. QuestionWhich case counts as a doubt?
  22. ResponseAt home he is liable; overseas he is exempt
  23. Statementרבי עקיבא agrees about the one overseas
  24. Challengeבן עזאי asks: why is he different?
  25. ResolutionThe one at home could have heard
  26. StatementUprooting a whole מצוה is exempt, cancelling part is liable
  27. QuestionHow does cancelling part of a מצוה look?
  28. ResponseThree examples of cancelling one detail
  29. ProofProof from the verse: "a matter," not the whole
  30. Statementרב's reason for רבי שמעון: he acted with the court's permission
  31. StatementSecond version: a ruling is only there to tell apart unknowing and knowing sins
  32. ChallengeChallenge: a special collection for the offerings makes the mistake known
  33. ResolutionFirst answer: the money was collected without saying what it was for
  34. ResolutionSecond answer: the person was not in town
  35. Resolutionרב follows the version of the ברייתא with the opinions reversed
  36. StatementFour opinions about someone who followed the ruling after the court took it back
  37. StatementThe difference between רבי אלעזר and סומכוס is the אשם תלוי
  38. Statementרבי זירא's comparison explaining רבי אלעזר