The Judicial Power of the Exilarch

Rav said: One who desires to judge and be exempt if he errs should ask permission from the exilarch. Similarly, Samuel said: He should ask permission from the exilarch. Obviously! From here to here [within Babylonia] and from there to there [within Israel] and from here to there [from Babylonia to Israel] this is effective, for the “scepter” is here and the “staff” is there, as it is taught: The scepter shall not leave Judah (Genesis 49:10): this refers to the exilarch in Babylonia who rules Israel with a scepter. The staff [shall not leave] from between his legs (Genesis 49:10): these are the descendants of Hillel who teach Torah to the masses.

But what about [asking permission from the patriarch] there [in Israel] in order to judge here [in Babylonia]? Come and hear! Rabbah bar Bar Ḥanah judged a case and erred. He came before R. Ḥiyya, who said to him, “If they accepted you [as a judge], you do not need to pay, but if not, go and pay!” And Rabbah bar Bar Ḥanah had permission [from the patriarch]! From this we learn that [permission] from [the patriarch] there is not effective here [in Babylonia]. Is it really not effective?! But didn’t Rav Aḥa bar Rav Huna, when he was quarreling with the exilarch, say, “I did not get permission from you, I got permission from my father, my lord, and he [got permission] from Rav, and Rav from R. Ḥiyya, and R. Ḥiyya from Rabbi [the patriarch]!” He was merely berating him. But if [permission from Israel] is ineffective [to judge in Babylonia], then why did Rabbah bar Bar Ḥanah seek permission [from Israel]? For the cities that are on the border.

Translated by Matthew Goldstone.