Sanhedrin 36a — the Talmud in English

What is the case of a Festival, which is set aside because of an individual offering,

if we say that vows and voluntary offerings are sacrificed on a Festival, nevertheless

murder does not set it aside. An individual offering, which sets aside the Festival, is it not a kal va-chomer that murder should not set it aside!

This works well according to the one who says that vows and voluntary offerings are not sacrificed on a Festival,

for according to him an individual offering does not set aside the Festival; it is possible to establish “from My altars” with regard to an individual offering that does not set aside either Shabbat or a Festival, and the kal va-chomer will properly remain.

But according to the one who says that vows and voluntary offerings are sacrificed on a Festival,

according to whom an individual offering sets aside the Festival, it is impossible to expound the kal va-chomer, for according to him the verse “from My altar you shall take him to die” is impossible—

what is there to say?

Rather, Rava said

this is the conclusion of his words: necessarily, the verse “from My altar you shall take him to die” completely uproots the kal va-chomer. For

it is not necessary, according to the one who says that vows and voluntary offerings are sacrificed on a Festival,

to expound the kal va-chomer,

for “from My altar” is not fulfilled at all,

not even with regard to an individual offering.

Rather, even according to the one who says that vows and voluntary offerings are not sacrificed on a Festival,

according to whom there would be room to say that the verse “from My altar” refers to an individual offering to which the kal va-chomer does not apply,

the verse writes “from My altar”—

My special altar.

And what is it? The daily offering,

which is the principal of the offerings.

And the Merciful One said

[Exodus 21]

“From My altar you shall take him to die.”

It was stated in the Mishna:

monetary cases, cases of impurity and purity

begin with the greatest—for the sake of his honor.

Rav said: I was

there

in the count of the house of Rabbi,

in the count of the judges of Rabbi Judah the Prince,

and

when they adjudicated monetary cases,

they began with my count first

they began the count with me, and they asked me first, even though I was not the greatest among all of them.

The Gemara raises an objection:

But we

taught in our Mishna—monetary cases

we have taught: they begin with the greatest?

The Gemara answers:

Rabba son of Rava said, and some say

that this answer was stated by

Rabbi Hillel son of Rabbi Valles:

There is no proof from the court of Rabbi, because

the count of the house of Rabbi was different, for all their counts began from the side,

all the cases they adjudicated before them began with the judges at the side and not with the greatest, because of the humility of Rabbi Judah the Prince.

Since one teaching of Rabba and, some say, Rav Hillel was mentioned, the Gemara brought another teaching of theirs.

And Rabba son of Rava said, and some say Rabbi Hillel son of Rabbi Valles: From the days of Moses

our master

until Rabbi, we have not found Torah and greatness in one place,

there was no occurrence during the period between Moses our master and Rabbi that the Torah and greatness of all Israel were in the hands of one person.

The Gemara expresses astonishment:

And

if

not

was this so!?

There was Joshua,

who was greater in Torah and greatness than all Israel of his generation, then!?

The Gemara answers: Indeed, Joshua possessed Torah and greatness, but he was not alone in his generation, for in that generation

there was Eleazar

son of Aaron the priest, who was also great in wisdom. The Gemara again raises an objection:

But there was Phinehas

after Eleazar his father died, and he was the High Priest and the scholar of the generation; it follows that Torah and greatness were in one place with him?

The Gemara answers: there

were elders

who received [the Torah] from Joshua, such as Othniel, Ibzan, and Boaz, and lived many years after him.

The Gemara raises an objection:

But there was Saul,

the king?

The Gemara answers: in his time

there was Samuel,

who was great in Torah.

The Gemara expresses astonishment:

But he died

—Samuel died during Saul’s lifetime, and if so Saul remained alone in his generation in Torah and greatness?

The Gemara resolves: what we said, that we have not found Torah and greatness in one place in

all his years—

in all his years

we are saying,

meaning that from the beginning of their greatness they were the possessors of Torah and greatness of that generation. For from the time Moses and Rabbi established their academies, there was no one like them in Torah and greatness. But at the beginning of Saul’s greatness, Samuel was with him.

The Gemara again raises an objection:

But there was David,

the king, who was greater than all Israel in Torah and greatness?

The Gemara answers: there

was

with him

Ira the Jairite,

who was his teacher and was as great as he in Torah.

But he died

—Ira died during David’s lifetime, and David remained alone, great in Torah and greatness?

The Gemara again answers:

We are saying all his years,

whereas at the beginning of David’s greatness Ira was with him.

The Gemara raises an objection:

But there was Solomon,

the king, who was greater in Torah and kingship than all Israel of his generation?

The Gemara answers: in Solomon’s generation

there was Shimei son of Gera,

who was as great as he in Torah!

The Gemara raises an objection:

But

in the end Solomon

killed him,

he killed Shimei, and he alone remained the possessor of Torah and greatness?

The Gemara again answers:

We are saying all his years.

The Gemara raises an objection:

But there was Hezekiah,

the king of Judah, who was greater in Torah and greatness than all Israel?

The Gemara answers: in Hezekiah’s days

there was Shebna,

who was appointed over Hezekiah’s house, and whose academy was greater than Hezekiah’s. [As stated above, 26a, Hezekiah had eleven thousand, while Shebna had thirteen thousand.]

The Gemara expresses astonishment:

But he was killed

—surely Shebna was killed by Sennacherib, and Hezekiah remained alone in his generation?

The Gemara again answers:

We are saying all his years.

The Gemara raises an objection:

But there was Ezra,

the scribe, who was the High Priest and outstanding in Torah and greatness above all Israel?

The Gemara answers: in Ezra the scribe’s time

there was Nehemiah son of Hachaliah,

who governed in the land of Judah and was greater than Ezra in greatness.

And now the words of Rabba and, some say, Rabbi Hillel have been established: that we have not found Torah and greatness in one place from the days of Moses our master until Rabbi.

Rav Adda bar Ahava said: I too say

following the approach of Rabba and, some say, Rabbi Hillel:

from the days of Rabbi until Rav Ashi, we have not found Torah and greatness in one place.

The Gemara raises an objection:

And

if

not

was there anyone like him,

but there was Huna bar Natan?

The Gemara answers:

Huna bar Natan was entirely submissive to him,

he would subordinate his opinion

to Rav Ashi,

and therefore Rav Ashi was considered alone in his generation.

It was stated in the Mishna:

capital cases begin from the side.

The Gemara discusses:

From where are these words,

what is the source for this halakha, not to begin with the greatest in capital cases, but from the side?

Rabbi Aha bar Pappa said: The verse states, “You shall not answer concerning a dispute,”

and the Sages expounded from what is written in the verse

“You shall not answer concerning the great one” [without the letter yod]: this implies that the lesser judge cannot answer and disagree with the words of the greatest of the judges. If so, if they begin with the greatest, the lesser judges will no longer be able to refute his words; therefore they begin from the side and conclude with the greatest.

[with the letter yod omitted]. This implies that the lesser judge may not answer and disagree with the words of the greatest of the judges. Therefore, if they begin with the greatest, the lesser judges will no longer be able to contradict his words; consequently, they begin from the side and conclude with the greatest.

Rabba bar bar Hana said in the name of Rabbi Yohanan: From here,

[Samuel I 25:13] in the account of Nabal the Carmelite, who rebelled against David, it is stated:

“And David said to his men, ‘Gird each man

his

sword,’ and each man girded

his

sword, and David also girded his sword,”

and it follows that David decided the case after his men.

Rav said: A person may teach his student

one of the judges may study with his student a case that came before the court,

and adjudicate capital cases with him,

and show him the opinion of those who declare liable and the opinion of those who acquit; and if the student decides in favor of one of the sides, they add the student’s opinion to the decision of the case.

The Gemara raises an objection:

It was taught in a beraita:

cases of

purity and impurity

are decided according to a single judge; but if there is a dispute, the disputants must be counted, and they decide according to the majority of the opinions. And if on one side there were

a father and his son,

although they are relatives, both are valid; and likewise, if two of the judges were

the teacher and his student, they count as two,

they consider them as two opinions. But in cases that according to Torah law require at least three judges, such as

monetary cases, capital cases, and cases of lashes,

and the acceptance of testimony for

the sanctification of the new moon and intercalation of the year,

if there were two judges who were

a father and his son,

or

the teacher and his student, they count for them only as one,

and they are not considered as two judges.

It is thus explained in the baraita that the student’s opinion does not join with the teacher for the decision of the case, and this is difficult for Rav.