[Avodah] Who Brings the Chatos When BD Errs

Marty Bluke marty.bluke at gmail.com
Mon Mar 11 01:47:03 PDT 2013

R' Meir Rabi wrote:
"The Gemara and Poskim therefore explain that this person sinned in
erroneously thinking that it is a Mitzvah to follow BD?s Pesak even when BD
has erred.   But this person is mistaken.   It is wrong to follow BD when
we know they are wrong, even though they have considered our argument and
rejected it by an overwhelming majority."

This Gemara seems to contradict the Sifri that Rashi quotes on lo tasur
even when they say right is left you need to listen. The Gemara there in
Horayos states explicitly that if you know the Beis Din made a mistake you
are not allowed to listen. The Ramban in the Sefer Hamitzvos addresses this
and says that the gemara is only talking about where you didn't present
your arguments to the Beis Din Hagadol, but if you presented your arguments
to them and they rejected your arguments you need to listen to them
as the Sifri says even if you know they are wrong. I never understood this
Ramban as the Mishna states explicitly that this halacha applies to a
member of the Beis Din or a talmid. It is hard to imagine that
when the case was discussed the member of the Beis Din didn't present his
arguments and have them rejected.

BTW, R' Elchanan in Kuntres Divrei Sofrim has a completely new explanation
of this Gemara, teh Sifri and teh Yerushalmi which
answers the contradictions.
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