an to
beat them. Because if he cursed them after their death, he is guilty; but
if he beat them after their death, he is free. He who stole a soul from
Israel is not guilty till he bring him on his property. R. Judah said,
"till he bring him on his property and obtain service by him," as is said,
"And maketh merchandise of him, or selleth him."(431) "If he steal his own
son?" R. Ishmael, the son of R. Jochanan, the son of Beroka, pronounces
him "guilty," but the sages pronounce him "free." "If he stole one, half a
servant and half free?" R. Judah pronounces him "guilty," but the Sages
pronounce him "free."
2. The elder rebellious against the decision of the judges? as it is said,
"If there arise a matter too hard for thee in judgment,"(432) etc. There
were three places of judgment. One place was by the door of the Mountain
of the House; and one was by the door of the court; and one was in the
chamber of hewn stone. The witnesses against the rebellious elder came to
the one by the door of the Mountain of the House, and each one said, "so I
expounded, and so my companions expounded; so I taught, and so my
companions taught." If the judges listened to them, they told them: but if
not, they went to those at the door of the court, and each one said, "so I
expounded, and so my companions expounded; so I taught, and so my
companions taught." If they listened to them, they told them; but if not,
both parties went to the supreme court in the chamber of hewn stone,
because from it the Law proceeded forth to all Israel, as is said, "Of
that place which the Lord shall choose."(433) "If the rebellious elder
returned to his city, and taught as before?" "He is free." "But if he
decided to practise false teaching?" "He is guilty," as is said, "And the
man that will do presumptuously."(434) He is not guilty till he decide to
practise his false teaching. A disciple who decided to practise false
teaching is free. It follows that what is a grave offence in the one is a
light offence in the other.
3. The burden in the words of the scribes is greater than the burden in
the words of the law. He who said, "There are no phylacteries, so as to
transgress the words of the law?" "He is free." He who said, "There are
five frontlets, so as to add to the words of the scribes?" "He is guilty."
4. "The judges do not put such an offender to death in the tribunal of his
city, nor in the tribunal of Jabneh,(435) but they bring him up to the
supreme c
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