Talmud for Horayot 1:6

HALAKHAH: Who is the Tanna of “majority”¹²³Discussion of the statement in the Mishnah, that Pesaḥ is celebrated in impurity if most (50%+1) of the people are impure. The following is an extended version of Halakhah 1:6 in Horaiot, where the problem is what is called “community”.? Rebbi Meïr¹²⁴He holds that everywhere 50%+1 represent “all”; Babli Horaiot 5b., as it was stated: Either half of the tribes or half of each tribe, if only it be a majority¹²⁵In order to trigger the ceremony required if all the community acts in error(Lev. 4:14), by following an erroneous ruling either of the High Court at the central sanctuary or of a majority of tribal High Courts.. Rebbi Jehudah says, half of each tribe, but only a majority of entire tribes¹²⁶The language is somewhat self-contradictory. He also requires that a majority of Israel follow the erroneous ruling but in addition he demands that in a majority of tribes a majority follow the ruling. Babli Horaiot 5b.. One tribe drags all tribes¹²⁷If one tribe has more members than all the others together, the action of one tribe triggers the obligation of all of them. He does not hold that the law about erroneous rulings of the High Court became moot with the exile of the Ten Tribes. Even later, when the tribe of Jehudah represented the overwhelming majority of Israel, a majority of the people can be considered a majority of all twelve tribes and the majority of Judeans triggers the obligation for all tribes.. Rebbi Meïr says, all tribes are called “the public”¹²⁸The purification sacrifice for an erroneous ruling by the Court has to be brought by “the public” (Lev. 4:14). The difference of opinions in the Mishnah is traced to different interpretations of this notion. R. Meïr holds that only the entire people of Israel qualify as “public”; RR. Jehudah and Simeon consider each tribe as a separate public. (Babli Horaiot 5b, Pesaḥim 80a, Menaḥot15a).. Rebbi Jehudah says, each single tribe is called “public”. What is between them? Dragging. Rebbi Meïr says, a single tribe does not drag all tribes¹²⁹Therefore he requires a separate sacrifice for the people of Israel in their entirety., but Rebbi Jehudah says, one tribe drags all tribes. And Rebbi Jehudah follows Rebbi Simeon. Just as Rebbi Simeon said, one tribe drags all tribes¹³⁰In Horaiot, the opposite is asserted, that in this particular R. Simeon sides with R. Meïr; this also is required by the later statements in this Halakhah. R. Simeon agrees that each single tribe is called “public”., so Rebbi Jehudah says, one tribe drags all tribes. Even though Rebbi Jehudah says, one tribe drags all tribes, he agrees that only if the ruling came from the ashlar hall¹³¹Even though each tribe has to bring its own sacrifice, the ruling of a tribal High Court cannot trigger an obligation of any other tribe; only the Court sitting at the central sanctuary has this power.. Rebbi Yose said, the reason of that Tanna: From this place which the Eternal will choose¹³²Deut. 17:10.. What is the reason of Rebbi Jehudah? The entire community of the Children of Israel will be forgiven¹³³Num. 15:26. R. Jehudah argues that the verse promises forgiveness for all of Israel even if only one tribe followed an erroneous ruling; this proves that “one tribe drags all the other tribes.” R. Simeon disagrees since the last clause in the verse states that the entire people have to be in error; only a majority of the tribes triggers the obligation.. What is the reason of Rebbi Simeon? Since the entire people acted in error¹³³Num. 15:26. R. Jehudah argues that the verse promises forgiveness for all of Israel even if only one tribe followed an erroneous ruling; this proves that “one tribe drags all the other tribes.” R. Simeon disagrees since the last clause in the verse states that the entire people have to be in error; only a majority of the tribes triggers the obligation.. How does Rebbi Simeon uphold Rebbi Jehudah’s reason, the entire community of the Children of Israel will be forgiven? Except women and children¹³⁴Not that they will not be forgiven but they are not counted in determining what is a majority.. How does Rebbi Jehudah uphold Rebbi Simeon’s reason, since the entire people acted in error? Except if the beginning was criminal and the conclusion in error. Rebbi Abun in the name of Rebbi Benjamin bar Levi: The verse supports him who said that each tribe is called “public”, as it is written¹³⁷Gen. 35:11, said to Jacob after the birth of 11 sons. Babli Horaiot 5b.: A people and a public of peoples will come from you, and Benjamin was not yet born. Rebbi Ḥiyya bar Abba said, just as they differ here, so they differ about impurity, as it was stated: If the public was half pure and half impure; pure [people] celebrate the first [Pesaḥ] and impure the second, the words of Rebbi Meïr. Rebbi Jehudah says, the pure ones celebrate for themselves, and the impure ones celebrate for themselves¹³⁸Both offer their sacrifices in the Temple, in separate groups. For this to happen, the number of pure people in Jerusalem on the 14^th of Nisan must be exactly equal to the number of impure ones. Tosephta 6:2 in the name of R. Simeon. This latter attribution seems to be correct since in the paragraph after the next the Amoraim explain that R. Jehudah never considers this case but requires that the number of pure people present be diminished.. They told him, there is no split Passover; either all celebrate in purity or all celebrate in impurity. Who is “they told him”? Rebbi Meïr. The argument of Rebbi Jehudah seems inverted, as we have stated there¹³⁹Mishnah Menaḥot2:2.
The Mishnah refers to the two public cereal offerings which have to be baked, viz., the weekly show-bread and the two leavened loaves presented at Pentecost. The 12 show-breads were presented in two rows, here called “orders” (Lev. 24:6).: “If one of the loaves or one of the orders became impure, Rebbi Jehudah said, both have to be brought to be burned¹⁴⁰Outside the Temple precinct. for a public offering cannot be split¹⁴¹Cf. Babli 79a.. But the Sages say, the impure in its impurity, and the pure shall be eaten¹⁴²By the officiating priests..” Rebbi Yose ben Rebbi Abun in the name of Rebbi Joḥanan: who is “they told him”? The Sages who argue like Rebbi Meïr¹⁴³In Horaiot: R. Jehudah. In any case, the question should not arise since the objecting Sages, while adopting the point of view of one of the protagonists, are not bound to follow him in all details..