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|HORAYOS 4 (24 Cheshvan) - dedicated by Dr. Moshe and Rivkie Snow in memory of Rivkie's father, the Manostrishtcher Rebbi, Hagaon Rav Yitzchak Yoel ben Harav Gedaliah Aharon Rabinowitz Ztz"l, Rav of Kehilas Nachalas Yehoshua in Canarsie, NY. A personification of the Torah scholar of old, the Ukranian-born Rebbi lived most of his life in the United States where his warm ways changed many lives.|
1. Beis Din ruled erroneously, realized their error and retracted their ruling, but a Par nevertheless was brought. If an individual acted upon the ruling, according to Rebbi Elazar he brings an Asham Taluy even though the Beis Din already brought a Par.
2. According to Sumchus, if an individual acted upon the ruling of Beis Din, he is exempt from an Asham Taluy because he relied on the original ruling of Beis Din.
3. If a person brings a Chatas at Bein ha'Shemashos, it is not necessary for him to bring an Asham Taluy.
4. According to Rebbi Akiva, if the individual who acted upon the ruling of Beis Din had begun to travel but was still in the town, he is exempt from an Asham Taluy. Ben Azai disagrees.
5. If Beis Din erroneously ruled to uproot an entire Mitzvah in the Torah, they are exempt from bringing a Par. If Beis Din uprooted only a portion of the Mitzvah, they must bring a Par.
6. A Zaken Mamrei is Chayav Misah only if he ruled on a portion of a Mitzvah of the Torah.
7. A Beis Din does not bring a Par for an erroneous ruling unless they ruled on something to which the Tzedukim do not admit.
8. If a Beis Din ruled that the Dinim of Shabbos do not apply during the year of Shevi'is, a Par is brought.
9. If a false prophet uproots a Mitzvah completely, he is Chayav Chenek. If he uproots part of a Mitzvah, he is Patur.
10. If Beis Din ruled erroneously and one of the judges made them aware of the error, or the head of the Beis Din was not present, or one of the judges was unfit to be a judge, they are exempt from a Par.
11. A Par is brought only if the Beis Din ruled erroneously b'Shogeg and the people acted upon their ruling b'Shogeg.
A BIT MORE
1. Even according to the opinion that the Beis Din brings the Par, the individual brings an Asham Taluy even though Beis Din's retraction may not be public knowledge. Had he inquired, he would have been told that Beis Din is bringing a Par because they erred in their ruling.
2. Even according to the opinion that the people, not Beis Din, bring the Par, he is exempt from an Asham Taluy even though Beis Din's retraction is public knowledge, because perhaps he could not find anyone to whom to ask why a Par was being brought.
3. Although a Korban may not be brought at night, the time at which the Korban was brought is assumed to have been day. A Korban may not be brought after the afternoon Tamid, but b'Dieved it is valid.
4. According to Rebbi Akiva, since he was busy preparing for his trip he could not have heard that Beis Din retracted their ruling, and thus he was relying on the original ruling of Beis Din.
5. If Beis Din rules that there is no Nidah, Shabbos, or Avodah Zarah in the Torah, they are exempt from a Korban. However, if Beis Din rules that a person who has relations with a Shomeres Yom is Patur, or that one may carry into a public domain, or that one may bow down to an Avodah Zarah, they must bring a Par.
6. If a Zaken Mamrei rules that the Mitzvah of Tefilin is not Min ha'Torah, he is Patur. If he rules that Tefilin should contain five Parshiyos, he is Chayav Misah.
7. However, if Beis Din rules on something explicit in the Torah, to which even the Tzedukim admit, they are exempt from a Par. It is obvious that their ruling is mistaken, and anyone who acts upon their ruling is close to being a Mezid.
8. Since they acknowledge that the Dinim of Shabbos must be observed for all of the other years of the Shemitah cycle, their ruling is regarded as only a partial uprooting of the Mitzvah of Shabbos.
9. However, if he uproots Avodah Zarah partially -- for example, he says that today the Avodah Zarah shall be worshipped and tomorrow it shall be annulled, he is Chayav Sekilah according to the Rabanan, and Chayav Chenek according to Rebbi Shimon.
10. Even if the head of the Beis Din was not one of the judges, his absence exempts them from bringing a Par. They should not have made a ruling in his absence.
11. However, if Beis Din ruled incorrectly b'Mezid, each individual who acted upon the ruling brings a regular Chatas (a lamb or a goat). If Beis Din ruled incorrectly b'Shogeg but the acted upon the ruling b'Mezid, no Korban is brought.
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