Tosefta for Horayot 2:5

אֵין חַיָּבִין עַל שְׁמִיעַת הַקּוֹל, וְעַל בִּטּוּי שְׂפָתַיִם, וְעַל טֻמְאַת מִקְדָּשׁ וְקָדָשָׁיו. וְהַנָּשִׂיא כַּיּוֹצֵא בָהֶם, דִּבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי. רַבִּי עֲקִיבָא אוֹמֵר, הַנָּשִׂיא חַיָּב בְּכֻלָּן חוּץ מִשְּׁמִיעַת הַקּוֹל, שֶׁהַמֶּלֶךְ לֹא דָן וְלֹא דָנִין אוֹתוֹ, לֹא מֵעִיד וְלֹא מְעִידִין אוֹתוֹ:

There is no liability for "hearing the voice" [i.e., for knowing testimony and not giving it, viz. (Leviticus 5:1): "And if a soul sin and hear the voice of an oath (i.e., if he were besworn to give testimony if he knows it), and he were a witness, having seen or known — if he does not tell, then he shall bear his sin."], and for "pronouncing with the lips" [(viz. Ibid. 4) If he took an oath that he would not eat and he did eat, or that he would eat and he did not eat; or that he had eaten and he had not eaten, or that he had not eaten and he had eaten]. And for defiling of the sanctuary and its holy things, [entering the sanctuary in a state of tumah or eating of the holy — if they erred in ruling in one of all these, they are not required to bring an offering, neither beth-din nor the anointed priest, because an individual is not required to bring a fixed sin-offering for unwittingness in them.], and the Nassi (i.e., the king,) like them. [If the king were unwitting in one or all of these, he does not bring a he-goat and he is exempt from any offering, for in respect to all of these it is written (Leviticus 5): "And if his hand does not attain, etc." — to exclude (from a sliding-scale offering) a king and a high-priest, who are never poor.] These are the words of R. Yossi Haglili. R. Akiva says: The Nassi is liable for all (to bring a sliding-scale offering), [for in respect to the Nassi it is written (Ibid. 4:26, 5:10): "And the Cohein shall make atonement for him for his sin," and in respect to a sliding-scale offering in respect to "hearing of the voice" and "pronouncing with the lips" and defilement of the sanctuary, it is written "And the Cohein shall make atonement for his sin," to teach that the Nassi is liable for them. As to the anointed priest's being exempt from the offering indicated for "hearing of the voice" and "pronouncing with the lips" and defiling of the sanctuary according to R. Akiva, this is because it is written (Ibid. 6:13): "This is the offering of Aaron and his sons … the tenth part of an ephah" — "This" is a term of exclusion, i.e., the "tenth of an ephah" of the meal-offering of cakes is required for the anointed priest, and no other "tenth of an ephah" is required for him — except the tenth of an ephah mentioned in respect to "hearing the voice," etc., which the anointed priest does not bring. And since Scripture excluded him from the tenth of an ephah, it excluded him also from the two turtle-doves and from all the offerings mentioned there, the section ending (Ibid. 5:13): "And the Cohein shall make atonement for him, for his sin that he has sinned with one of these" — one who gains atonement with one of these gains atonement with all, and one who does not gain atonement with one of these does not gain atonement with all. The halachah is neither in accordance with R. Akiva nor with R. Yossi, but the anointed priest and the Nassi are required to bring a sliding-scale offering for "hearing the voice" and "pronouncing with the lips" and defiling the sanctuary, as indicated later in our Mishnah. As to it being stated "They are not liable for 'hearing the voice,'" which implies neither the beth-din nor the anointed priest, the meaning is that they are not required to bring the bullock which is brought for the other mitzvoth, but they are required to bring the sliding-scale offering.], except for "hearing the voice." For a king does not judge and is not judged; he does not testify and is not testified against.

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