[Avodah] Lo Tasur

[Chana Luntz]

RJR writes: 
> We're all familiar with Rashi's statement that even if they 
> tell you that right is left you have to listen. AIUI the 
> supercommentaries understand Rashi to mean this literally, 
> i.e. that the psak of Bet Din establishes halachik reality 
> for all.  Has anyone seen a reconciliation of this position 
> with the mishneh in Horiyot which states that a member of bet 
> din or talmid raui lhoraah can not rely on bet din and if he 
> acts on bet din's psak, knowing it's wrong, he's chayav 
> (according to rashi of misunderstanding the meaning of lshmoa 
> dvrei chachamim)
> 

Don't know if this helps (and I haven't seen it inside as I do not have
a copy of the relevant sfarim quoted by the Sde Chemed), but the Sde
Chemed in Mareches Lamed clal 6 (chelek 3 p266) [which is on the mitzva
of lo taasur] quotes the Chida in Sefer Pesach Anayim in his chiddushim
to Rosh Hashana daf 25a in relation to the matter of Rabbi Yehoshua with
Rabbanan Gamliel that davka this is in a matter on which there is to him
katzas safek but if he knows vadai without any safek that the judge has
made a mistake he should not do as per his words - and the Sde Chemed
continues that his words are brought by HaRav Taharas Hamayim in this
marecha at ois 11 and he writes shehem d'varim peshutim b'reish Horiyos

> KT
> Joel Rich

Regards

Chana