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Text Excerpt
בנשיא שבט שחטא עסקינן. מי לא אמר רב אדא בר אהבה: ״כל הדבר הגדל יביאו אליך״ – דבריו של גדול? האי נמי גדול הוא.
we are dealing with the Nasi of a tribe who has sinned. Doesn’t Rav Adda bar Ahava say: The verse states: “They should bring every great matter to you” (Exodus 18:22), meaning: Matters of a great one, i.e., in any case where a great person is accused of a transgression whose punishment is death, he is tried by the Great Sanhedrin of 71 judges. And this Nasi of the tribe is also a great one, so his trial is by 71 judges.
עולא אמר רבי אלעזר: בבאין על עסקי נחלות, וכתחילתה של ארץ ישראל. מה תחילתה שבעים ואחד, אף כאן – שבעים ואחד.
Ulla said that R' Elazar said a different explanation: The Mishnah discusses a case where two tribes came to adjudicate a dispute about matters of inheritance, i.e., territory claimed by each tribe on the border between them, and this dispute is handled by the Great Sanhedrin consisting of 71 judges, as was done at the beginning of the settlement in Eretz Yisrael during the time of Joshua. Just as the beginning, the initial division, was performed by 71 Elders of the congregation, so too here, when there is a dispute about the borders determined by that initial division, the case is adjudicated by the 71 judges of the Great Sanhedrin.
אי, מה תחילתה קלפי, אורים ותומים, וכל ישראל – אף כאן קלפי, אורים ותומים, וכל ישראל? אלא מחוורתא כדרב מתנה.
The Talmud asks: If this logic is employed, then just as the beginning was performed by casting lots [kalpei], with the Urim VeTummim, and with all of the Jewish people present, so too here, in a dispute between tribes, there should be a need for lots, the Urim VeTummim, and the presence of all of the Jewish people. Since this is not required by halakha, it is apparent that a border dispute between tribes need not be adjudicated using the same procedures as the original division of the inheritances. Consequently, there is no reason to require 71 judges. Rather, it is clear that this must be explained in accordance with the explanation of Rav Mattana, who says that the Mishnah is discussing the Nasi of a tribe who has sinned.