[Avodah] Fwd: BeisDin Errs Who Brings the Chattos?

Meir Rabi meirabi at gmail.com
Sun Feb 24 03:20:37 PST 2013

The Halacha is quite clear. RaMBaM Shegagos 13:1; Following a Posek,
following a Beis Din, does not exempt one from bringing a sin offering;
even when it is the Torah, even when it is HKBH who instructs us to follow
the BD, to follow the majority. Those who follow Beis Din's erroneous
ruling, must bring THEIR OWN sin offering.

WRT grievous errors, i.e. if BD completely forgets about a Halacha   the
ordinary people will ALWAYS bring their own Chattos. There can be no excuse
to follow BD in such matters. Hil Shegagos that Reb Micha quotes14:1 --
vehoru la`qor guf migufei Torah; and 14:2, where RaMBaM provides examples -
let's say if BD permit AZ, or to carry mireshus lereshus on Shabbos, or
that bi'ah is mutar with a shomeres yom - following such rulings never
exempts the individuals from bringing their own Chattos. The individuals
must know that this is not correct.

But, if BD permit , throwing meireshus lereshus or moshit, then, provided
all the other conditions are met, BD will bring the Chattos and NOT the

What we need to pay attention to are the conditions that must be satisfied
in order that BD brings the Chattos.

For example, If there is one Dayan on the BD who disagrees even though he
is outvoted, BD will NOT bring the Chattos but the individuals.

Which brings us to our discussion re the MaHaRal: How does it make any
sense that even the ordinary people, who are incapable of knowing and
ruling the Halacha, and are expressly instructed to follow the ruling of
the majority, must nevertheless bring a sin offering even though it is BD’s
mistake? This is in essence, Reb Micha’s dismissal of the proper
interpretation of the MaHaRal because he feels it is absurd. It is
precisely for this reason that I brought this Halacha into the discussion.

It is only absurd because our frame of reference is out of balance.

So let us consider, what can we learn, what can we understand and in what
way must we re-calibrate our frame of reference, in order to make some
sense out of the fact that individuals almost always are obligated to bring
the Chattos for BD’s mistake?

It seems that the duty of EVERY INDIVIDUAL to relate to Gd is so great, so
overwhelming and so paramount, that it cannot be waived even where the
individuals are not capable of understanding the Halacha and are nowhere
near being able to Pasken.

And this is the case because the essence of our relationship with HKBH is
engagement, not obedience. If Gd wanted obedience – then He has it by us
following His instructions and heeding BD even when the BD is making a

But Gd does NOT demand or want obedience. Gd wants and demands engagement.
Learn, think, analyse. Learn Talmud – do not Pasken from the Mishnah and if
you do attempt to cut out the Talmud by Paskening from the Mishnah or worse
from the various abridged Halachic codes, you are a destroyer of the world.
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