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Zaken Mamreh

 

A "rebellious elder" who, in biblical law, is sentenced to death (Deut. 17:12). According to the rabbis, various conditions must be fulfilled for this sentence to be carried out. First, it only applies to an ordained Torah scholar. Second, he must deliberately refuse to accept the decision of the Sanhedrin. Third, the elder must have ruled that others must act in accordance with his views. Teaching his views is not grounds for punishment. Fourth, he must be aware that the other sages have ruled differently and nevertheless persevere in his ruling. Fifth, his refusal to accept the ruling of the other sages must relate to a law for which the punishment for negligence is a sin-offering and for deliberate violation Karet, "cutting off" from his people. An example of such a case would be where the Sanhedrin decrees that a certain year is to be a leap year, which means that an extra month is added before Passover. If the "rebellious elder" refuses to accept this ruling, his decision will mean that those following him will celebrate Passover a month early, and when it came to the official Passover, would be guilty of the sin of eating leaven, for which the punishment is karet.

The purpose of this law was to preserve the unity of the Jewish people, and the rule is therefore that in such a case, even where the Sanhedrin would be willing to be lenient, it has no right to commute the death sentence.


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Encyclopedia of Judaism. The New Encyclopedia of Judaism. Copyright © 1989, 2002 by G.G. The Jerusalem Publishing House, Ltd. All rights reserved.  Read more