Mishnah
Mishnah

Tosefta for Horayot 1:4

הוֹרוּ בֵית דִּין, וְיָדַע אֶחָד מֵהֶן שֶׁטָּעוּ, וְאָמַר לָהֶן טוֹעִין אַתֶּם, אוֹ שֶׁלֹּא הָיָה מֻפְלָא שֶׁל בֵּית דִּין שָׁם, אוֹ שֶׁהָיָה אַחַד מֵהֶן גֵּר אוֹ מַמְזֵר אוֹ נָתִין אוֹ זָקֵן שֶׁלֹּא רָאָה לוֹ בָנִים, הֲרֵי אֵלּוּ פְטוּרִין, שֶׁנֶּאֱמַר כָּאן עֵדָה (ויקרא ד) וְנֶאֱמַר לְהַלָּן (במדבר לה) עֵדָה, מָה עֵדָה הָאֲמוּר לְהַלָּן עַד שֶׁיִּהְיוּ כֻלָּם רְאוּיִין לְהוֹרָאָה, אַף עֵדָה הָאֲמוּרָה כָאן עַד שֶׁיִּהְיוּ כֻלָּם רְאוּיִים לְהוֹרָאָה. הוֹרוּ בֵית דִּין שׁוֹגְגִים וְעָשׂוּ כָל הַקָּהָל שׁוֹגְגִין, מְבִיאִין פָּר. מְזִידִין וְעָשׂוּ שׁוֹגְגִין, מְבִיאִין כִּשְׂבָּה וּשְׂעִירָה. שׁוֹגְגִין וְעָשׂוּ מְזִידִין, הֲרֵי אֵלּוּ פְטוּרִין:

If beth-din ruled, and one of them knew that they had erred, and he said to them "You are mistaken," or if the mufla of beth-din [the chief justice, the Rosh Yeshiva] were not there, or if one of them were a proselyte, or a mamzer (a bastard), or a Nathin (viz. Joshua 9:27), or an old man who had not seen children [(and who is not fit to judge capital cases, in all likelihood being a stranger to compassion)], they are exempt (from an offering), it being written here "congregation," viz. (Leviticus 4:13): "And if the whole congregation of Israel (the Sanhedrin) err," and, elsewhere, "congregation," viz. (Numbers 35:24): "Then the congregation shall judge." Just as with "congregation" written there, all of them must be fit to rule, [viz. (Ibid. 11:16): "And they (the judges) shall stand there with you (Moses)" ("with you":) — they must be like you), excluding a proselyte, a Nathin, and a mamzer, who are not fit to be appointed to the Sanhedrin], here, too, all of them must be fit to rule. If beth-din ruled unwittingly and all the congregation transgressed unwittingly, they bring a bullock. If deliberately, [i.e., if beth-din knew that it were forbidden] and they (the people) transgressed unwittingly, they (the people) bring a she-lamb and a she-goat. If (beth-din ruled) unwittingly, and they (the people) transgressed wittingly, both are exempt: beth-din, because the people did not transgress because of their ruling, not relying upon beth-din, knowing that they had erred; and the people who transgressed are exempt because they are witting, and all who are witting are not subject to an offering.]

Tosefta Horayot

There is a stringency in erroneous rulings that there is not in capital cases, and [a stringency] in capital cases that there is not in erroneous rulings: [As to the former, a judge is not liable for] an erroneous ruling until all [the judges] issue the ruling as one (see Hor. 1:4), but in capital cases we follow the majority. [As to the latter, a judge is not liable for] an erroneous ruling unless the ruling is issued by the beit din presiding in the Chamber of Hewn Stone (i.e., the Sanhedrin), but in capital cases, [a judgment may be] issued in any place. An individual who issues (i.e., executes) an erroneous ruling by his own order, behold he is liable, as it is said (Num. 15:30), "But the person who acts high-handedly ... [shall be cut off from among his people]."
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