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Egyptian-Hebrew stream·Babylonian Talmud·Synopsis of Subjects of Tract Horioth

Vol IX — Synopsis of Tract Horayot (Decisions)

Closes Vol IX and the New Edition. Synopsis of Tract Horayot (Decisions) — concerning the erroneous decisions of the court that lead the people into transgression; the sacrifices required when the High Priest, the king, or the Sanhedrin sin through an erroneous ruling.

Source context
Theme
synopsis of rabbinic rulings on communal and individual error, restitution, and the accountability of religious-legal authorities

Steiner

not engaged in the GA corpus

Cross-tradition

  • Catholic canon law (Church councils)Both traditions establish that collective bodies (sanhedrin / council) and their leaders bear differential liability for erroneous rulings that lead communities into transgression, a structural parallel to conciliar responsibility in Catholic canonical jurisprudence.
  • Islamic jurisprudence (fiqh, ijtihad doctrine)The principle of jurist error (khata') in ijtihad, requiring expiation when a mujtahid's ruling misleads a community, shows cross-tradition congruence with the Horioth framework of inadvertent communal sin through authoritative misruling.

Synopsis of Subjects of Tract Horioth

p. i

p. iii

SYNOPSIS OF SUBJECTS

# OF

TRACT HORIOTH (DECISIONS).

CHAPTER I.

MISHNA I. TO V. If, after the court had decreed the transgression of one of all the commandments prescribed in the Torah, an individual guided by this decree acted erroneously, etc. If upon issuing the decree the court becomes aware of its being conceived in error and retracts, and mean while an individual commits a transgression upon their decree, etc. If while the court was deciding, one of its members who perceived their error drew their attention to it, etc. If causing the whole people to act erroneously, etc. If upon the erroneous decree of the court the whole people, or its majority, acted, etc., 3-12

CHAPTER II.

MISHNA I. TO VII. If an anointed priest has erroneously rendered an unlawful decision against himself and acted accordingly by mistake, etc. If he (the said priest) both decided and acted for himself, etc. The court is not liable unless the issued decree concerns Korath and sin-offering respectively. It is also not liable for a decree concerning a command or a prohibition with regard to (polluting) the sanctuary. There is no liability when the decree concerns an adjuring challenge to testify, a hastily made vow, etc. Concerning a ruler and the high priest's offerings for their sin, 13-18

CHAPTER III.

MISHNA I. TO VII. An anointed priest who has sinned and was removed from his office, etc. If they were appointed to their respective positions after they had sinned, etc. Who is the anointed priest? He who was consecrated to priesthood by the holy ointment, etc. The high priest rends his garment from below; the common priest, from the top, etc. What is more common precedes the less common. The man has the preference over the woman, etc. In captivity his master has the preference over his father. His mother, however, has the preference over all. The following precede one

p. iv

another in order of arrangement, etc. Why does the dog know his master, and the cat does not? Why do all reign over the mice? Five objects are conducive to one's forgetting his studies, etc. Five are apt to strengthen one's memory, etc. The following ten objects are cumbrous to one's studies, etc. When the prince enters, all the people present in college rise to their feet, without again taking their seats until he tells them to do so. When the chief justice enters, the people occupying two rows of seats facing the entrance rise, etc. The legend which happened to Raban Simon b. Gamaliel with R. Mair and R. Nathan. How the latter were removed from the college. An erudite scholar and a dialectician, who has the preference? How Abaye rose to be the chief of the College of Sura, 18-29

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