Tiresias: The Ancient Mediterranean Religions Source Database

8006

Mishnah, Eduyot, 1.5-1.6

וְלָמָּה מַזְכִּירִין דִּבְרֵי הַיָּחִיד בֵּין הַמְרֻבִּין, הוֹאִיל וְאֵין הֲלָכָה אֶלָּא כְדִבְרֵי הַמְרֻבִּין. שֶׁאִם יִרְאֶה בֵית דִּין אֶת דִּבְרֵי הַיָּחִיד וְיִסְמֹךְ עָלָיו, שֶׁאֵין בֵּית דִּין יָכוֹל לְבַטֵּל דִּבְרֵי בֵית דִּין חֲבֵרוֹ עַד שֶׁיִּהְיֶה גָדוֹל מִמֶּנּוּ בְחָכְמָה וּבְמִנְיָן. הָיָה גָדוֹל מִמֶּנּוּ בְחָכְמָה אֲבָל לֹא בְמִנְיָן, בְּמִנְיָן אֲבָל לֹא בְחָכְמָה, אֵינוֹ יָכוֹל לְבַטֵּל דְּבָרָיו, עַד שֶׁיִּהְיֶה גָדוֹל מִמֶּנּוּ בְחָכְמָה וּבְמִנְיָן:

And why do they record the opinion of a single person among the many, when the halakhah must be according to the opinion of the many? So that if a court prefers the opinion of the single person it may depend on him. For no court may set aside the decision of another court unless it is greater than it in wisdom and in number. If it was greater than it in wisdom but not in number, in number but not in wisdom, it may not set aside its decision, unless it is greater than it in wisdom and in number.

אָמַר רַבִּי יְהוּדָה, אִם כֵּן לָמָּה מַזְכִּירִין דִּבְרֵי הַיָּחִיד בֵּין הַמְרֻבִּין לְבַטָּלָה. שֶׁאִם יֹאמַר הָאָדָם כָּךְ אֲנִי מְקֻבָּל, יֵאָמֵר לוֹ, כְּדִבְרֵי אִישׁ פְּלוֹנִי שָׁמָעְתָּ:

Rabbi Judah said: “If so, why do they record the opinion of a single person among the many to set it aside? So that if a man shall say, ‘Thus have I received the tradition’, it may be said to him, ‘According to the [refuted] opinion of that individual did you hear it.’”

Intertexts (texts cited often on the same page as the searched text):

11 results

1. Hebrew Bible, Genesis, 26.5 (9th cent. BCE - 3rd cent. BCE)

26.5. עֵקֶב אֲשֶׁר־שָׁמַע אַבְרָהָם בְּקֹלִי וַיִּשְׁמֹר מִשְׁמַרְתִּי מִצְוֺתַי חֻקּוֹתַי וְתוֹרֹתָי׃

26.5. because that Abraham hearkened to My voice, and kept My charge, My commandments, My statutes, and My laws.’"

2. Hebrew Bible, Amos, 8.11-8.12 (8th cent. BCE - 6th cent. BCE)

8.11. הִנֵּה יָמִים בָּאִים נְאֻם אֲדֹנָי יְהוִה וְהִשְׁלַחְתִּי רָעָב בָּאָרֶץ לֹא־רָעָב לַלֶּחֶם וְלֹא־צָמָא לַמַּיִם כִּי אִם־לִשְׁמֹעַ אֵת דִּבְרֵי יְהוָה׃ 8.12. וְנָעוּ מִיָּם עַד־יָם וּמִצָּפוֹן וְעַד־מִזְרָח יְשׁוֹטְטוּ לְבַקֵּשׁ אֶת־דְּבַר־יְהוָה וְלֹא יִמְצָאוּ׃

8.11. Behold, the days come, saith the Lord GOD, That I will send a famine in the land, Not a famine of bread, nor a thirst for water, But of hearing the words of the LORD." 8.12. And they shall wander from sea to sea, And from the north even to the east; They shall run to and fro to seek the word of the LORD, And shall not find it."

3. Mishnah, Eduyot, 1.6 (1st cent. CE - 3rd cent. CE)

1.6. Rabbi Judah said: “If so, why do they record the opinion of a single person among the many to set it aside? So that if a man shall say, ‘Thus have I received the tradition’, it may be said to him, ‘According to the [refuted] opinion of that individual did you hear it.’”"

4. Mishnah, Hagigah, 1.8 (1st cent. CE - 3rd cent. CE)

1.8. [The laws concerning] the dissolution of vows hover in the air and have nothing to rest on. The laws concerning Shabbat, hagigot, and trespassing are as mountains hanging by a hair, for they have scant scriptural basis but many halakhot. [The laws concerning] civil cases and [Temple] worship, purity and impurity, and the forbidden relations have what to rest on, and they that are the essentials of the Torah."

5. Mishnah, Keritot, 3.9 (1st cent. CE - 3rd cent. CE)

3.9. Rabbi Akiba asked again: If a man slaughtered five sacrifices outside [the Temple] in one spell of unawareness, what is the law? Is he liable to a separate offering for each act or only to one for them all? They replied: we have heard nothing about this. Rabbi Joshua: I have heard that if one eats an offering from five different dishes in one spell of unawareness, he is guilty of sacrilege for each of them; and it seems to me that the case in question may be inferred from this by a kal vehomer. Rabbi Shimon said: Rabbi Akiba did not ask this, but rather concerning one who ate of notar (remt) from five sacrifices in one spell of unawareness what is the law? Is he liable only to one [offering] for all of them, or is he liable to one for each of them? They replied: we have heard nothing about this. Rabbi Joshua: I have heard that if one eats an offering from five different dishes in one spell of unawareness, he is guilty of sacrilege for each of them; and it seems to me that the case in question may be inferred from this by a kal vehomer. Rabbi Akiba replied: if this is a received tradition we accept it; but if it is only a logical deduction, there is a rebuttal. He [Rabbi Joshua] said: rebut it. He replied: It is not so. For if you hold the view with regard to sacrilege, for in this case one who gives food to another is as guilty as the one who eats it himself, and the person who causes others to derive a benefit from them is as guilty as the person who himself made use of them; furthermore, [small quantities are] reckoned together in the case of sacrilege even after the lapse of a long period, can you say it in connection with notar (remt) where not one of these laws applies."

6. Mishnah, Orlah, 3.9 (1st cent. CE - 3rd cent. CE)

3.9. Doubtful orlah: in the land of Israel is prohibited, in Syria is permitted, and outside the land one may go down and purchase [from a non-Israelite] as long as he has not seen him gathering it. A vineyard planted with vegetables [which are kilayim], and they [the vegetables] are sold outside of it: in the land of Israel these are prohibited, and in Syria they are permitted; outside the land one may go down and purchase them as long as he does not gather [them] with [one’s own] hand. New [produce] is prohibited by the Torah in all places. And orlah is a halachah. And kilayim are an enactment of the scribes."

7. Mishnah, Qiddushin, 4.14 (1st cent. CE - 3rd cent. CE)

8. Tosefta, Hagigah, 2.9 (1st cent. CE - 2nd cent. CE)

9. Tosefta, Sanhedrin, 7.1 (1st cent. CE - 2nd cent. CE)

10. Tosefta, Sotah, 7.11-7.12 (1st cent. CE - 2nd cent. CE)

7.11. A person might think: 'since the Academy of Shammai declares unclean that which the Academy of Hillel declares clean, one prohibits that which the other permits, how, then, can I learn Torah?' This is way Torah repeats: \"words...the words...these are the words...\" All of the words have been given by a single Shepherd, one God fashioned them, one Provider gave them, Source of all deeds, blessed be God, has spoken them. So make for yourself a heart with many rooms, and bring into it the words of the Academy of Shammai and the words of the Academy of Hillel, the words of who declare unclean and those that declare clean. "

11. Tosefta, Yadayim, 2.16 (1st cent. CE - 2nd cent. CE)

Subjects of this text:

subject	book bibliographic info
abot,date of composition	Bickerman and Tropper (2007), Studies in Jewish and Christian History, 558
abraham	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 95
antigonus of socho	Bickerman and Tropper (2007), Studies in Jewish and Christian History, 558
authority,rabbinic	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 79, 95
authority,scribal	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 95
dead sea scrolls,divine inspiration as source of halakhah	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 65
divine revelation,as source of authority	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 65
divrei soferim	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 95
halakhah,as modality of tradition	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 75, 79, 95
halakhah,divine versus human authority in	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 65
halakhah,mosaic	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 79
halakhah/halakhot	Fraade (2011), Legal Fictions: Studies of Law and Narrative in the Discursive Worlds of Ancient Jewish Sectarians and Sages, 448
halbertal,moshe	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 34
hermeneutic	Nikolsky and Ilan (2014), Rabbinic Traditions Between Palestine and Babylonia, 216
hillel	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 79
israel,nan	Fraade (2011), Legal Fictions: Studies of Law and Narrative in the Discursive Worlds of Ancient Jewish Sectarians and Sages, 448
judah,rabbi	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 34
miracles,stories	Bickerman and Tropper (2007), Studies in Jewish and Christian History, 558
moses	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 79
ms. kaufmman	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 142
narrative,orality,ideological formulations of	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 95
pharisees,pairs	Bickerman and Tropper (2007), Studies in Jewish and Christian History, 558
pharisees	Bickerman and Tropper (2007), Studies in Jewish and Christian History, 558
prayer	Fraade (2011), Legal Fictions: Studies of Law and Narrative in the Discursive Worlds of Ancient Jewish Sectarians and Sages, 448
progymnasmata	Nikolsky and Ilan (2014), Rabbinic Traditions Between Palestine and Babylonia, 179, 216
prophecy	Fraade (2011), Legal Fictions: Studies of Law and Narrative in the Discursive Worlds of Ancient Jewish Sectarians and Sages, 448
quintilian	Nikolsky and Ilan (2014), Rabbinic Traditions Between Palestine and Babylonia, 216
qumran sectarians,decison-making process of	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 65
rabban gamaliel (i and ii)	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 75, 79
rabbi aqiva	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 75
rabbinic literature,decision-making process of	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 65
rabbinic literature,explicit dispute (manloket) in	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 34
rabbinic literature,genres of	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 34
rabbinic literature,human exegetical activity in	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 65
revelation,sinaitic	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 95
sabbath	Nikolsky and Ilan (2014), Rabbinic Traditions Between Palestine and Babylonia, 179
sages,the	Fraade (2011), Legal Fictions: Studies of Law and Narrative in the Discursive Worlds of Ancient Jewish Sectarians and Sages, 448
sages early rabbinic	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 79
scribes,words of (divrei soferim)	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 95
scroll	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 34
shammai	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 79
shechemites	Bickerman and Tropper (2007), Studies in Jewish and Christian History, 558
simeon,rabbi	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 65
stam	Nikolsky and Ilan (2014), Rabbinic Traditions Between Palestine and Babylonia, 179, 216
sugya,give-and-take'	Nikolsky and Ilan (2014), Rabbinic Traditions Between Palestine and Babylonia, 179
sugya	Nikolsky and Ilan (2014), Rabbinic Traditions Between Palestine and Babylonia, 179, 216
tannaitic	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 75, 79
temple scroll,as authoritative document	Shemesh (2009), Halakhah in the Making: The Development of Jewish Law from Qumran to the Rabbis. 34
text-interpretive,transmission of	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 79
text-interpretive	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 95
thematization	Fraade (2011), Legal Fictions: Studies of Law and Narrative in the Discursive Worlds of Ancient Jewish Sectarians and Sages, 448
torah,mosaic	Jaffee (2001), Torah in the Mouth: Writing and Oral Tradition in Palestinian Judaism 200 BCE - 400 CE, 95
yavneh	Fraade (2011), Legal Fictions: Studies of Law and Narrative in the Discursive Worlds of Ancient Jewish Sectarians and Sages, 448