Mishnah Horayot

1 If the court ruled that one of the commandments mentioned in the Torah may be transgressed, and an individual proceeded and acted by mistake in accordance with their ruling, whether they acted and he acted with them or they acted and he acted after them or even if they did not act and he acted, he is exempt, because he relied on the court. If the court ruled in error, and one of them knew that they had erred, or a student who was himself qualified to rule on matters of law, and one of these proceeded and acted in accordance with their ruling, whether they acted and he acted with them or they acted and he acted after them or even if they did not act and he acted, he is liable, since he did not rely on the court. This is the general rule: one who is in a position to rely on himself is liable, and one who relies on the court is exempt.

2 If a court ruled, and later discovered that they had erred and changed their decision, whether they brought their offering or whether they did not bring their offering, if an individual proceeded and acted in accordance with their erroneous decision, Rabbi Shimon exempts him and Rabbi Eliezer declares his case uncertain. Which case is uncertain? If he was at home, he is liable. If he went abroad, he is exempt. Rabbi Akiva said: I agree that a person in such a case is closer to exemption than to liability. Ben Azzai said to him: How does such a person differ from one who remains at home? He who remains at home is able to find out the facts but the other was not able to do so.

3 If the court ruled that an entire principle is to be abolished. If they said that the law concerning the menstruant is not found in the Torah or the law concerning the Sabbath is not found in the Torah or the law concerning idolatry is not found in the Torah, they are exempt. However, if they ruled that a part of a commandment was to be nullified and a part upheld, they are liable. How is this so? If they said: the law concerning the menstruant is in the Torah but if a man has relations with a woman who observes a day corresponding to a day he is exempt, or that the law concerning the Sabbath is in the Torah but if a man carries anything from a private domain to a public domain he is exempt, or that the law of idolatry is in the Torah, but if a man only bows down to an idol he is exempt, they are liable, as it says, “And if some matter escapes the notice of the congregation,”Leviticus 4:13 “some matter” but not the entire principle.

4 If the court ruled and one of them knew that they had erred and said to the others, “You are making a mistake,” or if the mufla of the court was not there, or if one of them was a convert or a mamzer or a natin or an elder who did not have children, they are exempt, as it says here “congregation”Leviticus 4:13 and it says later on “congregation.” Just as the “congregation”Numbers 35:24 further on must be qualified to issue rulings, so too the “congregation” mentioned here must be qualified to issue rulings. If the court issued a wrong decision unwittingly and all the people acted unwittingly, they bring a bull. If the court ruled wrong intentionally and the people acted unwittingly, they bring a lamb or a goat. If the court ruled unwittingly and the people acted intentionally on that ruling, they are exempt.

5 If the court ruled in error and all the people or a majority of them acted accordingly, they bring a bull. And in the case of idolatry they bring a bull and a goat. These are the words of Rabbi Meir. Rabbi Judah says: the twelve tribes bring twelve bulls. And in the case of idolatry twelve bulls and twelve goats. Rabbi Shimon says: thirteen bulls. And in the case of idolatry, thirteen bulls and thirteen goats: a bull and a goat for each tribe, and a bull and a goat for the court. If the court ruled in error and seven tribes or a majority of them acted accordingly, they bring a bull. And in the case of idolatry, they bring a bull and a goat. These are the words of Rabbi Meir. Rabbi Judah said: the seven tribes who sinned must bring seven bulls and the rest of the tribes who did not sin must bring bulls on their behalf because even those who did not sin must bring on behalf of the ones who sinned. Rabbi Shimon said: eight bulls. And in the case of idolatry, eight bulls and eight goats, a bull and a goat for every tribe and a bull and a goat for the court. If the court of one of the tribes ruled in error, and that tribe acted accordingly, that tribe is liable, but all the other tribes are exempt. These are the words of Rabbi Judah. But the Sages say: there is no liability except as a result of the rulings of the highest court, as it says, “And if the whole congregation of Israel errs,”Leviticus 4:13 but not the congregation of one particular tribe.

1 An anointed priest who issued a ruling for himself by mistake and acted unwittingly accordingly must bring a bull. If he issued the ruling by mistake but acted on it willfully, or made it willfully but acted on it unwittingly, he is exempt, because a ruling a high priest made for himself is like a ruling issued by the court to the community.

2 If an anointed high priest issued an erroneous ruling alone and acted accordingly alone, he makes his atonement alone. If he issued his ruling together with the court of the congregation and acted accordingly together with the congregation, he makes his atonement together with the congregation. The court is not liable unless they ruled to nullify part of a commandment and to retain a part of it. The same is true of the anointed high priest. They are not liable for idolatry unless they ruled to nullify the law in part and to retain it in part.

3 The court is not obligated to bring a sacrifice except when ignorance of the law was accompanied by an unwitting action, and the same is true of the anointed priest. There is no obligation in the case of idolatry unless ignorance of the law was accompanied by an unwitting action. The court is not obligated unless they ruled about a prohibition whose penalty is kareth, if it was transgressed intentionally, and a sin offering if transgressed unwittingly, and the same is true of the anointed priest. There is no obligation in the case of idolatry unless they ruled about a matter whose penalty is kareth, if it was transgressed intentionally, and a sin offering if transgressed unwittingly.

4 The court is not obligated to bring a sacrifice for the transgression of a positive or a negative commandment relating to the Temple. No one brings an asham talui for the transgression of a positive or a negative commandment relating to the Temple. But they are liable for the transgression of a positive or a negative commandment relating to the menstruant. And individuals bring an asham talui for the transgression of a positive or negative commandment relating to the menstruant. Which is the positive commandment relating to the menstruant? Separate yourself from the menstruant. And the negative commandment? Do not have sexual relations with the menstruant.

5 The court is not obligated to bring an offering for an errant ruling relating to the hearing of the voice requiring testimony, for an oath made by an expression, or for impurity relating to the Temple and its holy things. And the ruler is similarly exempt. These are the words of Rabbi Yose Hagalili. Rabbi Akiva says: The ruler is liable in the case of all these except that of hearing of the voice requiring testimony, because the king may neither judge nor be judged, he may not testify, and others may not testify against him.

6 For any commandment in the Torah whose violation, if intentional, is punished by kareth and, if unwitting, requires a sin offering, the individual brings as an offering a lamb or a goat, the ruler brings a goat, and the anointed priest and the court brings a bull. In the case of idolatry, the individual and the ruler and the anointed priest bring a goat while the court brings a bull and a goat: the bull for a burnt offering and the goat for a sin offering.

7 The individual and the ruler are both obligated to bring an asham talui, but the anointed priest and the court are exempt. The individual and the ruler and the anointed priest are obligated to bring an asham vadai, but the court is exempt. For the hearing of the voice requiring testimony, for an oath made by an expression, or for impurity relating to the Temple and its holy things, the court is not obligated but the individual, the ruler and the anointed priest are obligated. Except that the anointed priest is not liable for impurity relating to the Temple and its holy things. These are the words of Rabbi Shimon. What do they bring? A sliding-scale sacrifice. Rabbi Eliezer says: the ruler brings a goat.

1 If an anointed priest transgressed and then left his high priesthood, and similarly if a ruler transgressed and then left his reign, the anointed priest brings a bull, and the ruler brings a male goat.

2 If the anointed priest left his high priesthood and then transgressed, and similarly if a ruler left his reign and then transgressed, the anointed priest brings a bull while the ruler is like a regular person.

3 If they transgressed before they were appointed, and then they were appointed, they are regarded as regular people. Rabbi Shimon said: if they learned of their sin before they were appointed they are liable, but if after they were appointed they are exempt. Who is a ruler? A king, as it says, “Any of all the commandments of the Lord his God,”Leviticus 4:22 a ruler, a king, who has no one above him except the Lord his God.

4 And who is the anointed priest? The one who was anointed with the anointing oil and not the one who wears additional garments. The only difference between a high priest who is anointed with the anointing oil and one who wears additional garments is the bull that is offered for the unwitting transgression of any of the commandments. And the only difference between the acting high priest and the former high priest is the bull on the Day of Atonement and the tenth of an ephah. They are both equal in the service of the Day of Atonement, and both are commanded to marry a virgin and are forbidden to marry a widow. They are both forbidden to become impure for their relatives. They do not let their hair grow long, nor do they tear their clothes. And they allow the accidental killer to return from the city of refuge.

5 A high priest tears his clothes from below and an ordinary priest tears from above. A high priest offers sacrifices while an onen but does not eat them and an ordinary priest neither offers sacrifices nor eats them.

6 Whatever is more frequent than another takes precedence over the other. And whatever is more sacred than another takes precedence over the other. If the bull of the anointed priest and the bull of the congregation are standing to be sacrificed, the bull of the anointed priest precedes the bull of the congregation in all its details.

7 A man takes precedence over a woman in matters concerning the saving of life and the restoration of lost property, and a woman takes precedence over a man for clothing and ransom from captivity. When both are exposed to degradation in their captivity the man takes precedence over the woman.

8 A priest takes precedence over a Levite, a Levite over an Israelite, an Israelite over a mamzer, a mamzer over a natin, a natin over a convert, and a convert over a freed slave. When is this so? When all of them are equal in other respects. However, if the mamzer was a scholar and the high priest an ignoramus, the scholarly mamzer takes precedence over the ignorant high priest.