SANHEDRIN (Fol. 5) We are taught in a Baraitha concerning the passage (Gen. 49, 10) The sceptre shall not depart from Judah. This refers to the exilarchs of Babylon, who rule over Israel with their sceptres. And a lawgiver, etc., refers to the grandsons of Hillel, who teach the Torah in public.
(Ib. b) We are taught in a Baraitha: "A disciple must not render a law decision in the place where his teacher resides, unless three parsas distant from him — a size equal to the camp of Israel [in the wilderness]."
(Fol. 6b) R. Eliezer, the son of R. Jose the Galilean, says: "A court is forbidden to attempt an arbitration, and the [judge] that makes settlements commits a crime; and he who praises the mediators despises the law, as it is said (Ps. 10, 3) The robber blesseth himself when he hath despised the Lord, but let the law cut through the mountain (justice under all circumstances), as it is said (Deut. 1, 17) The judgment belongs to God." And so said Moses our master: "Let the law cut through the mountain." But Aaron [his brother] loved peace, ran after it, and used to make peace between a man and his associate, as it is said (Mal. 2, 6) The law of truth was in his mouth, and falsehood was not found on his lips, in peace equity he walked with Me, and many did he turn away from iniquity. R. Eliezer says: "If one had stolen a saah of wheat and had ground, kneaded and baked it, and separated the heave (Challa) of it, how can he recite a benediction over it? For not only is it not a benediction, but it is rather a blasphemy! Concerning this, the passage reads (Ps. 10, 3) The robber blesses … . despises the Lord." R. Maier says: "The passage, the robber, etc., refers only to Juda, for it is said (Gen. 37, 26) And Judah said unto his brothers, 'What profit (betza) will it be if we slay our brother?' And whoever praises Juda [for his advice] despises the Lord; and concerning him is said: He who blesses Botzea despises the Lord." But R. Joshua b. Karcha said: "On the contrary arbitration is a meritorious act, as it is said (Zech. 8, 16) With truth and the judgment of peace, judge ye in your gates. How is this to be understood? Usually, where there is judgment, there is no peace; and where there is peace, there is no judgment. It must then refer to arbitration, which brings peace. The same must be explained about David, concerning whom it is said (II Sam. 8, 16) And David did what was just and charitable unto all his people. How can these five terms be reconciled? For a thing that is just is not charitable, and if charitable then it is not just. We must therefore say that it refers to arbitration, which contains both." The first Tanna, however, [who said above that arbitration is prohibited], explains the passage thus: He, (David), judged in accordance with the strict law — he acquitted him who was right and held him responsible who was guilty, according to the Law; but when he saw that the loser was poor and could not pay, he used to pay from his own pocket. Hence he did justice to one and charity to the other. Rabbi, however, pointed out the following difficulty, it is written. Unto all his people, and according to the above explanation, it ought to be to the poor. Therefore, said Rabbi: "Although he did not pay from his pocket, it was nevertheless counted as justice and charity; justice to the one, for having returned his money; and charity to the other, for delivering the theft out of his hand." (Fol. 7) All the Tannaim mentioned above differ with R. Tanchum b. Chanilai, who said: "The above-cited verse (Ps. 10) was quoted in reference to the golden calf, of which it is said (Ex. 32, 5) And when Aaron saw this. What did he see? R. Benjamin b. Jepheth said in the name of R. Elazar: 'He saw Chur, who was lying killed before him.' And he thought: 'if I do not listen to them, they will do likewise unto me, and will bring about such a condition as is said (Lam. 2, 20) Shall there be slain in the sanctuary of the Lord the priest and the prophet; for which there shall never be a remedy. It is better for them that I should make the golden calf, and for that probably there will be a remedy by repenting.'" [Hence the above passage].
(Ib. b) R. Simon b. Menasia says: "If two come with a case before you, prior to the hearing of their claims, and even thereafter, but before you are aware which way the judgment will incline, you may say to them: 'Go and arbitrate between yourselves.' But after you have heard their case and are aware which way the judgment inclines, you must not [advise them to] go out and arbitrate, as it is said (Prov. 27, 14). As one letteth loose [a stream] of water, so is the beginning of strife; therefore, before it be enkindled, leave off the contest; i.e., before it be enkindled, you may [advise them to] leave off, but after the contest had been enkindled you must not [advise them to] leave off." Resh Lakish said: "If two persons came with a case before you, one being mighty [who can harm you] and the other lenient, before you heard their case, or even thereafter, but before you are aware which way the judgment inclines, you may say to them, 'I am not obligated to judge you,' because of fear that if the mighty loses he will pursue you. But after you had heard their cases, and are aware which way the judgment inclines, then you must not say, 'I am not obligated to judge you,' because it is said (Deut. 1, 17) Ye shall not be afraid of any man."
R. Joshua b. Karcha said: "Whence do we infer that if a disciple were present when a case came before his master, and saw a point of defense for the poor and a point of accusation for the rich, that he must not keep silent? It is said (Ib) Ye shall not be afraid of any man." R. Chanina said: "One must not withhold his words out of respect for any one; and witnesses also must be aware against whom they testify, and before whom their testimony is given, and who will punish them [for bearing false witness], as it is said (Deut. 19, 17) Then shall both the men who have the controversy stand before the Lord. And the judge must also be aware whom they judge, and before whom their judgment is rendered, and who will punish them [for rendering wrong judgments], as it is said (Ps. 82, 1) God standeth in the congregation of God; in the midst of judges doth He judge. And so also it reads (II Chron. 19, 6) Look [well] at what ye are doing; because not for man are ye to judge, but for the Lord. And should the judge say: 'Why should I take the trouble and responsibility upon myself?'— therefore it is said (Ib.) Who is with you in pronouncing judgment. Hence the judge has to decide according to wbat he sees with his eyes."
R. Hamnuna said: "The first account for which a man is called to justice after he dies is concerning studying the Torah, as it is said (Ps. 17, 14) As one letteth loose [a stream] of water, so is the beginning of strife." R. Huna said: "Strife is likened to an inroad made by a burst [of water], once entering it, it widens more and more."
There was one who used to say: "Happy is he who hears [himself abused] and minds it not; he will escape a hundred evils." Said R. Samuel to R. Juda: "This is written in the Scripture (Ps. 17, 14) As one letteth loose a stream of water so is the beginning of strife." There was another man who used to say: "A thief is not killed for stealing two or three times." And Samuel said to R. Juda: "This is also written in a passage (Am. 2, 5) Thus hath said the Lord, for three transgressions of Israel, and for four, will I not turn away their punishment." There was another man who used to say: "Seven pits are open for the righteous man [and he escapes]; but one for the evil doer into which he falls." Samuel said to R. Juda; "This also is written in a passage (Prov. 24, 16) For a righteous man falleth seven times, and riseth up again; but the wicked stumble under adversity." There was another man who used to say: "Let him whose cloak the court has taken away, sing a song and go on his way." Samuel said to R. Juda: "This is also written in the Scriptures (Ex. 18, 23) The whole of this people [including the loser] will come to its place in peace." There was another man who used to say: "When she slumbers, the basket [upon her head] drops — i.e., laziness begets ruin." Samuel again said to R. Juda: "This is written in the Scriptures (Ecc. 10, 18) Through slothful hands the rafters will sink," etc. There was another man who used to say: "The man on whom I relied lifted up his club and stood against me." Samuel said to R. Juda. "This is written in the following passage (Ps. 41, 10) Yea, even the man that should have sought my welfare, in whom I trusted, who eateth my bread, hath lifted up his heel against me."
There was one more who used to say: "When our love was strong, we found room to sleep on the broad side of a sword; now when our love is gone a bed of sixty [yards] is not sufficient for us." R. Huna said: We find this in the Scriptures. At first [when Israel was good] it is written (Ex. 25, 22) I will speak with thee from above the cover. And we are taught in a Baraitha that the ark measured nine spans, and the cover one; hence, altogether, it measured ten, and it is written (I Kings 6, 2) And the house which was built by Solomon unto the Lord was sixty cubits in length. And finally there is a passage (Is. 66, 1) Thus hath said the Lord, the heavens are My throne, and the earth is My foot-stool; where is there a house that ye can build unto Me?"
R. Samuel h. Nachmeni in the name of R. Jonathan said: "A judge that decides the law in accordance with the equity of truth causes the Shechina to dwell in Israel, as it is said (Ps. 82, 1) God standeth in the congregation of God; in the midst of judges doth He judge. And the judge who decides the law not in accordance with the equity of truth causes the Shechinah to depart from Israel, as it is said (Ib. 12, 6) Because of the oppression of the poor, because of the sighing of the needy, now will I arise, saith the Lord." R. Samuel b. Nachmeni said also in the name of R. Jonathan: "A judge who causes [through his decisions] the transfer of money from one hand to another, contrary to the law, the Holy One, praised be He! will collect from his own soul, as it is said (Prov. 22, 23) Rob not the poor because he is poor, neither crush the afflicted in the gate; for the Lord will plead their cause, and despoil the life of those who despoil them." R. Samuel b. Nachmeni said also in the name of R. Jonathan: "A judge should always imagine that a sword lies between his thighs, that Gehenna is open under him: (Ib. b) as it is said (Songs 3, 7, 8) Behold it is the bed tchich is Solomon's; sixty valiant men are around about it, of the valiant ones of Israel. All of them are girded with the sword, are expert in war; every one hath his word upon his thigh, because of the terror in the night — i.e., because of the terror of Gehenna, which is equal to the night." R. Yashiya (according to others, R. Nachman b. Isaac) lectured: "What is the meaning of the passage (Jer. 21, 12) O house of David, thus hath said the Lord: Exercise justice on [every] morning, and deliver him that is robbed out of the hand of the oppressor. Is it then customary to judge only in the morning, and not during the entire day? It means, if the thing which you decide is clear to you as the morning, then do decide, but if not, do not." R. Chiya b. Abba in the name of R. Jonathan said: "We infer it from the following (Prov. 7, 4) Say unto wisdom. Thou art my sister, which means, if the thing is as certain to you as it is the law that prohibits you from marrying your sister, then you may say it, but not otherwise." R. Joshua b. Levi said: "If ten judges sit in court discussing one case, the responsibility rests upon every one of them." But is that not self-evident? It means even a disciple who is sitting before his teacher [although he merely discusses without any result].
R. Huna used to gather ten disciples of the college when a case came before him, saying: "In order that each of us may carry off a chip of the beam" (all should share the responsibility). And R. Ashi, whenever a Trefah came before him for his examination as to its legality, used to gather all the slaughterers of the city, saying: "In order that each of us may carry off chips of the beam." When R. Dimi came from Palestine he said: R. Nachman b. Cohen lectured: "What is the meaning of the passage (Ib. 29, 4) A king will through the exercise of justice establish [the welfare of] a land; but one that loveth gifts overthroweth it; if the judge is like unto a king, who needs not the favor of any one, he establishes the land; but if he is like a priest who goes around the barns asking for heave-offerings (support), he overthroweth it." The house of the Prince had appointed a judge who was ignorant, so the Rabbis said to Juda b. Nachman, the interpreter of Resh Lakish: "Go and be his interpreter." He inclined his ear to hear what he wanted to say for interpretation; but the judge said nothing. Juda then exclaimed (Hab. 2, 19) Woe unto him that saith to the wood, Awake! Rouse up! to the dumb stone, shall this teach? Behold, it is overlaid with gold and silver, and no breath whatever is in its bosom. And the Holy One, praised be He! will punish his appointers, as it is said (Ib.) But the Lord is in His holy temple; be silent before Him, all the earth.
Resh Lakish said: "If one appoints a judge who is not fit to be such, he is considered as if he were planting a grove in Israel, as it is said (Deut. 16, 18) Judges and officers shalt thou appoint unto thyself; and immediately after this it is said: "Thou shalt not plant unto thyself a grove — any tree." R. Ashi added: "And if this were done in places where scholars were to be found, it is considered as if it would have been done at the altar; as it is said after this: Near the altar of the Lord thy God." . It is written (Ex. 20, 23) Gods of silver and gods of gold, etc. Is it only prohibited concerning gods of silver, and of wood is it permissible? R. Ashi said: "This refers to a judge who is appointed through the influence of silver and gold." Whenever Rab went to hold court, he said: "Of my own free will I go to meet death, (Divine punishment for wrong judgment), but the necessities of my household I do not attend (I neglect my own affairs); empty handed I come to my home again. O! were I but as clean when I leave as when I entered it!" When he noticed a crowd escorting him, he would say: (Job 20, 6-7) "Though his exaltation should mount up to the heavens, and his head should reach unto the clouds, yet when he but turneth round will he vanish forever." Mar Zutra, the Pious, when he was carried on the shoulders of his followers on the Sabbath before the festivals used to say (Prov. 27, 24): For strength endureth not forever, nor doth the crown remain for all generations."
Bar Kapara lectured: "Whence do we infer what the Rabbis said: 'Be deliberate concerning judgment?' From the following passage (Ex. 20, 23) Neither shalt thou go up by steps upon My altar; and the next verse is: These are the laws of justice." R. Eliezer said: "Whence do we infer that the judge should not step upon the heads of all the people? From the passage: Neither shalt thou go up by steps upon My altar. And immediately follows: These are the laws of justice which thou shalt set before them. It ought to be: Which thou shalt teach them." R. Jeremiah and according to others R Chiya b. Abba said: "This refers to the paraphernalia of the judges." R. Huna, when he was about to hold court, would say: "Bring here the cane, the strap, the cornet, and the sandal."
(Deut. 1, 16) And I commanded your judges at that time. R. Jochanan said: "This is a warning to the judges that they should be careful with the cane and straps." Hear the causes between your brethren and judge righteously. R. Chanina said: "This is a warning to the court that it shall not listen to the claims of one person in the absence of his opponent, for although we read [in the text] Sh'ma (hear), it is nevertheless spelled Shima (be heard) ." R. Cahana said we infer this from (Ex. 23, 1) Thou shalt not receive (Thissa) a false report; read it Thassi — (cause to receive). You shall judge righteously. Resh Lakish said: "This means, you shall deliberate over the case carefully, and make it just in your mind, and only then may you give your decision." Between a man and his brother, and his stranger. R. Juda said: . "Even between a house and its attic." [The judge must not say what is the difference, if one takes without appraising the house and one the attic]? And his stranger — R. Juda says: "This means that between a stove and an oven [the Judge shall not say, What is the difference, if I give him an oven or a stove]? Ye shall not recognize (favor) persons in judgment. R. Juda says: "This means you shall not favor him, even if he is your friend." According to R. Elazar, it means: "You shall not discriminate against him, [if he is your enemy]."
The host of Rab had to try a case before him, and when he entered he said to Rab: "Do you remember that you were my guest?" "Yea," answered he, "but why did you come here?" He said: "I have a case to try." Thereupon Rab said (Fol. 8) "I am not fit to be a judge for your case." And he appointed R. Cahana to judge the case. R. Cahana, observing that he relied too much upon Rab, said to him: "If you listen to my decision, well and good; but if not, I will put Rab out of your mind" (i.e., I will put you under the ban). The small as well as the great shall ye hear. Resh Lakish said: "This means you shall treat a case of one peruta with the same exactness as you would treat a case involving a hundred manas." To what purpose was this said? Is this not self-evident? It means, if two cases come before you, one of a peruta and one of one hundred manas, you shall not say: "This is a small case, and I will see to it later." Ye shall not be afraid of any man. R. Chaniu said: "This means that the judge shall not withhold his words out of respect to a man;" for the judgment belongeth to God. R. Chama b. R. Chanina said: '"The Holy One, praised be He! said: 'It is not sufficient for the wicked to take away money from one and give it to another illegally; but they trouble Me even to return the money to its owner.' " Atid I commanded your judges at that time. Further it reads: I commanded you at that time. R. Elazar in the name of R. Simlai, said: "This is a warning for the congregation, that they should respect their judges; and, also, a warning to the judges that they should bear with the congregation." To what extent? R. Chanin (according to others R. Sabthai) said: "Even as a nursing father carrieth the sucking child." (Num. 11, 12).
It is written (Deut. 31, 7) Thou must go with this people, etc., and it is written (Ib. 23) Thou shalt bring. R. Jochanan said: Moses said to Joshua: "You and the elders shall rule over them;" but the Holy One, praised be He! said: "Thou (alone) shalt rule over them, because there must be one ruler to a generation, and not two rulers."
(Fol. 10b) Our Rabbis were taught: A year can not be intercalated, (fol. 11) except by those who are invited for it by the Nassi. It happened that Rabban Gamaliel invited seven persons for the morrow in his attic, [for an intercalory purpose], and on the morrow when he came and found eight, he said: "He who was not invited shall leave." Samuel the Junior, then arose and said: "I am the one who was not invited. I came here, however, not to take part in the intercalation, but to get experience in the practice of this ceremony." "Sit down, my son, sit down," responded Rabban Gamaliel, "all the years which have to be intercalated might have been done by you, but so was the decision of the sages, that intercalation must be done only by the persons who were invited." In reality, the one not invited was not Samuel the Junior, but another person. Samuel, however, did so only to ward off disgrace from his colleagues. Similar to this it happened once when Rabbi was lecturing that he perceived the odor of garlic, and he said: "He who has eaten garlic shall leave." R. Chiya then arose and left the place, and every one, seeing R. Chiya leaving, did the same. On the morrow, R. Simon, the son of Rabbi, met R. Chiya, and questioned him: "Was it you who disturbed my father yesterday?" [having eaten garlic]. And he answered: "God forfid, [to think so]. Such a thing should not happen in Israel." [I merely did it to ward off the disgrace from some one else]. And from whom did R. Chiya learn this? From R. Maier, as we are taught in the following Baraitha: The following incident took place with a woman who came to the college of R. Maier, saying: "One of you has betrothed me, but I do not know who it was." Then R. Maier arose and wrote her a divorce, and handed it to her; and after him, all the scholars in the college did likewise. And from whom did R. Maier learn this? From Samuel the Junior, [as above] and Samuel the Junior from Shechanyah b. Yechiel, who said to Ezra (Ezra 10, 2) We [including himself] have broken faith with our God, and have married foreign women of the peoples of the land; yet now there is hope for Israel concerning this thing. And from whom did Shechanyah learn this? From Joshua b. Nun, of whom it is written (Josh. 7, 10) Get thee up; wherefore liest thou upon thy face? Israel hath sinned. Joshua then said unto Him: "Sovereign of the Universe! who sinned?" The Lord replied: "Am I then an informer? Cast thou a lot and find out." And if you wish you can say that Shechanyah learned it from Moses, of whom it is written (Ex. 16, 28) How long refuse ye [including Moses].
Our Rabbis were taught: Since the death of the last prophets, Haggai, Zechariah and Malachi, prophetic inspiration has left Israel; nevertheless they were still used to a heavenly voice. It happened once that they had a meeting in the attic of the house of Guriah, in the city of Jericho, and a heavenly voice was heard: "Among you there is one who is worthy that the Shechinah should rest upon him as it did upon Moses our teacher, but his generation is not worthy." And the sages directed their attention to Hillel the Senior. When he departed, they lamented over him. "Woe, pious! Woe, modest! O thou disciple of Ezra." The same happened again when they had a meeting in an attic in the city of Yamnia, and the heavenly voice said: "Among you is one who is worthy that the Shechinah should rest upon him, but his generation is not worthy." And the sages directed their attention to Samuel the Junior. When he departed, he also was lamented: "Woe, pious! Woe, modest! O thou disciple of Hillel!" He said while dying: "Simon and Ishmael will meet their death by the sword and their associates [R. Akiba and R. Chanina] will be executed, and the rest of the Jewish nation will become a spoil to their enemies and great distress is destined to come over [Israel's] world." The same lamentation the sages wanted to express upon the death of R. Juda b. Babba, but the political condition was too much troubled (persecution prevailed), and no eulogy was delivered upon the martyrs of the [Roman] government.
(Fol. 13b) Abaye said to R. Jose: "Whence do we infer that to ordain one as Rabbi three judges are necessary? Shall I take it from (Num. 27, 23) And he laid his hand upon him, etc., then let one be sufficient, as Moses was the only one person; and if you will say that Moses took the place of [the great Sanhedrin who were] seventy-one, then say that to ordain one as Rabbi, seventy-one are needed?" The objection is sustained. R. Acha b. Raba said to R. Ashi: "Is it necessary to actually lay the hands upon the head of the man whom we ordain?' He answered: "We merely name him Rabbi and give him permission to adjudicate fines."
And one — you say — cannot bestow a degree? Did not R. Juda in the name of Rab say: Truly! This man be remembered for blessing! I mean, R. Juda b. Baba, because if not for his [self-denial] the law of fines might have been forgotten from Israel. Forgotten, you say. Let them study it and not forget! But (Ib. 14) say rather that it might have been abolished. Once the government decreed that whosover ordained a scholar should be put to death, and the town wherein the ordination took place should be destroyed, and even the boundaries wherein the ordination was exercised should be torn out. What did R. Juda b. Baba do? He went and sat between the two suburban limits of the cities of Usha and Sh'far'am — and he ordained there five senior scholars; and they were R. Maier. R. Juda, R. Simon. R. Jose and R. Elazar b. Shamuah. According to R. Avia, also R. Nechemia. When the enemy became aware of it, they came to execute him. He then said to them: "My children, run away." And to their question: "Rabbi, what will become of you?" he answered: "I shall remain before them as a stone which cannot be moved." It was sad that the enemy did not leave that place until they stuck three hundred iron spear heads into his body, making it as a sieve [Hence we see that even one person only is authorized to give a degree]. There were some other persons with him, but they were not mentioned, because of the honor of R. Juda b. Baba. Was indeed R. Maier ordained by R. Juda? Did not Raba b. b. Chana say in the name of R. Jochanan that whoever says that R. Akiba did not ordain R. Maier is in error? Yea, R. Akiba ordained him, but it was not recognized, because of his youth. But when R. Juda ordained him it was acceptable.
R. Chanina and R. Hoseah were the two whom R. Jochanan was anxious to ordain, but being unsuccessful, he felt very sorry. "Let the master not worry," said they to him, "as we are descendants of the house of Eli and are prevented by Heaven from being ordained; for R. Samuel b. Nachmeni said: 'Whence do we know that a descendant of the house of Eli cannot be ordained? It is said (I Sam. 2, 32) And there shall not be an elder in thy house in all times. What is the meaning of an elder? Shall we assume it means literally — an old man? Behold it is written (Ib. 33) And all the increase of thy house shall die as [young] men. We must therefore assume that it refers to ordination.' "
R. Zera would hide himself so as not to be ordained, because R. Elazar had said: "Always remain obscure (without an office) and live." But after he heard the other statement of R. Elazar that "One is not raised to a great authority unless all his sins are forgiven by Heaven," then he placed himself within sight [to be ready for ordination]. When he was ordained, his followers sang for him thus: "Here is neither paint, nor polish, nor dye, and nevertheless he is a graceful gazelle, handsome and full of charm." When the sages ordained R. Ami and R. Assi, the people likewise sang of them thus: "Such men — of such people — ordain Rabbis for us, but do not ordain from those who pervert the laws, or who clad themselves disrespectfully." According to others: "Not from those who do not sufficiently explain the Torah, nor from those who arc called (Turmission) ." When R. Abahu came from college into the court of the Caesar, the matrons of the Caesar's house would come out and sing for him thus: "Great man of his people! Leader of his nation! Bright light! (wise man) may thy coming be welcomed in peace."
(Fol. 17) Our Rabbis were taught (Ib. 11, 26) And there remained two men in the camp. According to some, it means that their names remained in the urn. For, at the time the Holy One, praised be He! said to Moses: Gather unto Me seventy men of the elders of Israel, Moses said [to himself]: "How shall I do it? Shall I appoint six of each tribe? Then there will be two more. Shall I take five of each? Then there will be ten less. Shall I appoint from two tribes." So he chose six from each, and each? Then I will bring jealousy among the tribes." So he chose six from each, and brought seventy-two ballots. On seventy he wrote Zaken (elder), and two he left blank. After he had mixed them all up and put all of them into the urn, he said to them: "Go, each, and take your ballot." To the one who drew the ballot on which "Elder" was written he said: "You are already sanctified by Heaven." But to those who drew the blanks he said: "Since Heaven did not select you, I cannot alter it." Similar was the following case (Ib. 3, 47) Thou shalt take five shekels a piece for the poll. Moses said to himself: "How shall I do it? If I should say to one, 'Give the shekels,' he may answer, 'The Levite has already redeemed me.'" Therefore he brought twenty-two thousand ballots and on each he wrote: "Levi;" and on two hundred and seventy-three he wrote "five shekels," mixed them, put them in the urn, and said to the people: "Draw your ballot." To the one who drew on which "Levi" was written, he said: "The Levite has redeemed you." And he who drew five shekels was told to pay the amount and go." R. Simon, however, said [Eldad and Medad] remained in the camp; for when the Holy One, praised be He! said to Moses: Gather unto Me seventy men of the Elders of Israel, they said: "We are not worthy of such a high appointment." And the Holy One, praised be He! said: "Because ye were modest, I will increase your grace." And what grace was increased to them? All the seventy had prophesied once, and ceased; but these two did not cease to prophesy. And what was their prophecy? They said: "Moses shall die, and Joshua shall bring Israel to his land." Aba Chanin, however, said in the name of R. Elazar: "They prophesied about the quail, saying, 'Come up, quail. Come up, quail." And R. Nachman said: "They prophesied about Gog and Magog, as it is said (Ezek. 38, 17) Then hath said the Lord Eternal: Art thou (not) he of whom I have spoken in ancient days through means of My servants, the prophets of Israel, who prophesied in those days (Shanim) years, that I would bring thee against them?" Do not read Shanim (years) but Shnayim (two). And who were the two who had prophesied at one period, with one and the same prophecy? Eldad and Medad.
The master said above: "All the seventy had prophesied once, and ceased; but these two did not cease to prophecy." Whence do we infer this? Shall we assume it from the following passage (Num. 11, 25) They prophesied V'lo yassoff, which means they never prophesied again. If so, then how will you explain the passage (Deut. 5, 19) "With a great voice V'lo yassoff?" Does this also mean that it was never heard again? [The Shechina was surely heard in later times]. We must therefore say Yassoff means "not ceased;" if so, then the above inference is gone! We infer it from this passage: "And they prophesied [in the past] while concerning Eldad and Medad it is written, "are prophesying" [present tense]. In regard to the statement that their prophecy was "Moses shall die," it is readily understood, for it is written (Num. 11, 28) My Lord Moses, forbid them. But according to him who said they prophesied about other things, why, then, should they be forbidden? Because it was not seemly for them thus to prophesy in the presence of Moses, which appears as if a scholar decides a question in the presence of his teacher. What is meant by the words, forbid them? He said to Moses: "Throw upon them the care for the public, and they will cease [to prophesy] by themselves."
(Ib. b) We are taught in a Baraitha: In a city in which the following ten things do not exist, a scholar is not permitted to reside, and they are: A court with all the necessary persons to execute it; a treasury of charity which is collected by two and distributed by three; a synagogue; a bath-house, a lavatory, a physician, a barber, a scribe, and a teacher for children. And in the name of R. Akiba it was added: Also several kinds of fruit, as the consuming of fruit enlightens the eyes.
(Fol. 18) Our Rabbis were taught (Ex. 18, 21) And place these over them, as rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens — i.e., rulers of thousands, six hundred; rulers of hundreds, six thousand; rulers of fifties, twelve thousand; and rulers of tens, sixty thousand. Hence the total number of the judges in Israel was seventy-eight thousand and six hundred.