Sanhedrin 88b

סנהדרין פ״ח ע״ב

Learn Sanhedrin 88b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Forgiving a זקן ממרא, the ladder of courts, when a זקן ממרא becomes liable, and why only תפילין fits his liability

Overview

The amud opens by finishing a ברייתא: parents may forgive a בן סורר ומורה, but the חכמים of the South refused to let a court forgive a זקן ממרא, so that disputes would not spread in ישראל. The גמרא calls this a תיובתא. רבי יוסי then describes how courts once kept the law united. A question climbed from the local court, to the courts at the הר הבית and the עזרה, and up to the great court in the לשכת הגזית, which answered from tradition or by majority vote. Disputes multiplied only when students of שמאי and הלל did not serve their teachers enough. The ברייתא also explains how wise, humble judges were promoted up the same ladder, and a message from ארץ ישראל describes who is fit for עולם הבא. The גמרא then asks what is new about a זקן ממרא who acts on his own ruling. It answers that he no longer needs a warning, and for a מסית, his excuse is no longer accepted. A new משנה teaches that he is liable only for adding to rulings of the Sages, like a fifth box in תפילין. רבי אושעיא says only תפילין fits this rule, and the גמרא shows why לולב does not fit. Its answer about ציצית continues on the next amud.

Opening lines

The steps (23)

1. StatementParents may forgive a rebellious son
2. StatementThe speaker says a court may forgive a rebellious elder
3. ProofThe southern sages refused forgiveness for a rebellious elder
4. ConclusionA conclusive refutation
5. Statementרבי יוסי describes the original court system
6. StatementHow a question climbed from court to court
7. StatementThe disagreeing elder lays out both views, and the question goes up to the great court
8. StatementHow the great court decides: tradition first, then a majority vote
9. StatementWhy disputes multiplied: students who did not serve their teachers enough
10. StatementHow judges were chosen and promoted up the court ladder
11. StatementWho is fit for עולם הבא
12. StatementWhen the rebellious elder becomes liable
13. ChallengeWhy is acting on his own ruling anything new
14. ChallengeNarrowing the question to sins with a court death penalty
15. ResolutionThe difference is the warning
16. ChallengeWhat about a מסית, who never needed a warning?
17. ResolutionBefore, his excuse was accepted; now it is not
18. Statementמשנה: The Sages' explanations are treated more strictly
19. Statementרבי אושעיא: Only a מצוה like תפילין fits
20. ChallengeDoesn't לולב fit the same conditions?
21. Resolutionלולב does not truly fit the rule
22. ChallengeWhat about ציצית?
23. Resolutionציצית also may not fit: the first side