One Who Rebels against the Sanhedrin, “The Rebellious Elder”

An elder rebelling against the ruling of the court [is strangled], for it says: If a case is too baffling for you to decide [ . . . you shall promptly repair to the place that the Lord your God will have chosen, and appear before the levitical priests, or the magistrate in charge at the time, and present your problem. When they have announced to you the verdict in the case, you shall carry out the verdict that is announced to you from that place that the Lord chose, observing scrupulously all their instructions to you. You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left. Should a man act presumptuously and disregard the priest charged with serving there the Lord your God, or the magistrate, that man shall die] (Deuteronomy 17:8–12, NJPS). Three courts of law were there, one situated at the entrance to the Temple Mount, another at the door of the [Temple] court, and the third in the Chamber of Hewn Stone. They [first] went to the court that is at the entrance to the Temple Mount, and he [the rebellious elder] stated, “Thus have I expounded, and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this first court] had heard [a ruling on the matter], they state it. If not, they go to the [second court], which is at the entrance of the Temple court, and he declares, “Thus have I expounded, and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this second court] had heard [a ruling on the matter], they state it; if not, they all proceed to the great court of the Chamber of Hewn Stone, from which instruction issued to all Israel, for it says: [You shall carry out the verdict that is announced to you] from that place that the Lord chose (Deuteronomy 17:10, NJPS). If he returned to his town and taught again as he did before, he is not liable. But if he gave a practical decision, he is guilty, for it says: Should a man act presumptuously (Deuteronomy 17:12, NJPS) [that is, with intention and knowledge to offer a teaching contrary to the ruling of the majority of the court]; he is liable only for a practical ruling. But if a disciple gave a practical decision [opposed to the court], he is exempt. Thus his stringency [that students in any case ought not offer practical rulings] is his leniency [that keeps the student who offers his teacher’s rejected teaching from being subject to the death penalty].

Adapted from the translation of Joshua Kulp.