Sanhedrin 19a

וְאֵין עֲשֵׂה דּוֹחֶה לֹא תַעֲשֶׂה וַעֲשֵׂה. אֶלָּא מִן הָאֵירוּסִין אַמַּאי? יָבֹא עֲשֵׂה וְיִדְחֶה לֹא תַעֲשֶׂה!

and there is a principle that a positive mitzva by itself does not override both a prohibition and a positive mitzva. But as for the ruling that he does not consummate levirate marriage with a widow from betrothal, why not? The positive mitzva to consummate levirate marriage should come and override the prohibition.

גְּזֵירָה בִּיאָה רִאשׁוֹנָה, אַטּוּ בִּיאָה שְׁנִיָּה.

The Gemara answers: The first act of intercourse is prohibited by rabbinic decree due to the likelihood of a second act of intercourse. Although the first act of intercourse would fulfill the positive mitzva of consummating levirate marriage, which would override the prohibition against a High Priest’s engaging in intercourse with a widow, any further intercourse would not be in fulfillment of a mitzva, and would not override the prohibition. Therefore, due to the possibility that the High Priest and the yevama would engage in intercourse a second time, the Sages decreed that even the first act is forbidden.

תַּנְיָא נָמֵי הָכִי: אִם קָדְמוּ וּבָעֲלוּ בִּיאָה רִאשׁוֹנָה – קָנוּ, וְאָסוּר לְקַיְּימָן בְּבִיאָה שְׁנִיָּה.

The Gemara comments: This is also taught in a baraita : If the High Priest or one whose yevama is forbidden to him went ahead and engaged in a first act of intercourse with her, he acquired her as a wife, but it is prohibited to retain that woman as a wife for a second act of intercourse.

מֵת לוֹ מֵת כּוּ׳. תָּנוּ רַבָּנַן: ״וּמִן הַמִּקְדָּשׁ לֹא יֵצֵא״ – לֹא יֵצֵא עִמָּהֶן, אֲבָל יוֹצֵא הוּא אַחֲרֵיהֶן. כֵּיצַד? הֵן נִכְסִין וְהוּא נִגְלֶה, הֵן נִיגְלִין וְהוּא נִכְסֶה.

§ The mishna teaches with regard to the High Priest that if a relative of his died, he does not follow the bier carrying the corpse. The Sages taught in a baraita : The verse concerning the High Priest, which states: “And from the Temple he shall not emerge” (Leviticus 21:12), means: He shall not emerge with them as they escort the bier, but he emerges after them. How so? Once they are concealed from sight by turning onto another street, he is revealed on the street they departed, and when they are revealed, then he is concealed.

וְיוֹצֵא עַד פֶּתַח כּוּ׳. שַׁפִּיר קָאָמַר רַבִּי יְהוּדָה.

The mishna teaches Rabbi Meir’s opinion, that in the manner just described to escort the deceased, the High Priest emerges with them until the entrance of the gate of the city, which is contrasted with Rabbi Yehuda’s opinion that he does not leave the Temple at all. The Gemara comments: Rabbi Yehuda is saying well, and his statement is consistent with the straightforward meaning of the verse: “And from the Temple he shall not emerge” (Leviticus 21:12).

אָמַר לָךְ רַבִּי מֵאִיר: אִי הָכִי, לְבֵיתוֹ נָמֵי לָא! אֶלָּא הָכִי קָאָמַר: ״מִן הַמִּקְדָּשׁ לֹא יֵצֵא״ – מִקְּדוּשָּׁתוֹ לֹא יֵצֵא. וְכֵיוָן דְּאִית לֵיהּ הֶכֵּירָא, לָא אָתֵי לְמִינְגַּע.

The Gemara responds: Rabbi Meir could have said to you: If so, that you understand the verse so narrowly, he should not go out to his house as well but should be required to stay in the Temple. Rather, this is what it is saying: “And from the Temple [ hamikdash ] he shall not emerge” means: From his sanctity [ mikedushato ] he shall not emerge by contracting ritual impurity, and since he has a distinctive indicator in that he does not walk together with those accompanying the bier, he will not come to touch the bier and contract impurity.

וְרַבִּי יְהוּדָה: אַגַּב מְרָרֵיהּ, דִּילְמָא מִקְּרֵי וְאָתֵי וְנָגַע.

The Gemara asks: And how would Rabbi Yehuda respond? The Gemara explains: There is still cause for concern that on account of his bitterness due to the death of his loved one, perhaps it will happen that he comes and touches the bier. Therefore, a more restrictive regimen of separation is necessary.

כְּשֶׁהוּא מְנַחֵם. תָּנוּ רַבָּנַן: כְּשֶׁהוּא עוֹבֵר בַּשּׁוּרָה לְנַחֵם אֶת אֲחֵרִים – סְגָן וּמָשׁוּחַ שֶׁעָבַר בִּימִינוֹ, וְרֹאשׁ בֵּית אָב וַאֲבֵלִים וְכׇל הָעָם מִשְּׂמֹאלוֹ. וּכְשֶׁהוּא עוֹמֵד בַּשּׁוּרָה וּמִתְנַחֵם מֵאֲחֵרִים – סְגָן מִימִינוֹ, וְרֹאשׁ בֵּית אָב וְכׇל הָעָם מִשְּׂמֹאלוֹ.

The mishna teaches: And when he consoles others in their mourning when they return from burial, the way of all the people is that they pass by one after another and the mourners stand in a line and are consoled, and the appointed person stands in the middle, between him and the people. The Sages taught in a baraita ( Tosefta 4:1) in a more detailed manner: When the High Priest passes by in the line to console others, the deputy High Priest and the former anointed High Priest, who had served temporarily and then stepped down, are on his right. And the head of the patrilineal family appointed over the priestly watch performing the sacrificial rites that day in the Temple; and the mourners; and all the people are on his left. And when he is standing in the line among the other mourners and is consoled by others, the deputy High Priest is on his right, and the head of the patrilineal family and all the people are on his left.

אֲבָל מָשׁוּחַ שֶׁעָבַר לָא אָתֵי גַּבֵּיהּ. מַאי טַעְמָא? חָלְשָׁא דַּעְתֵּיהּ. סָבַר: קָא חָדֵי בִּי. אָמַר רַב פָּפָּא: שְׁמַע מִינַּהּ מֵהָא מַתְנִיתָא תְּלָת. שְׁמַע מִינַּהּ: הַיְינוּ סְגַן הַיְינוּ מְמוּנֶּה, וּשְׁמַע מִינַּהּ: אֲבֵלִים עוֹמְדִין וְכׇל הָעָם עוֹבְרִין, וּשְׁמַע מִינַּהּ: אֲבֵלִים לִשְׂמֹאל הַמְנַחֲמִין הֵן עוֹמְדִין.

The Gemara infers: But the previously anointed one does not come before him. What is the reason? The High Priest will become distraught. He will think: He is happy about me in my bereaved state. Rav Pappa said: Learn from it, from this baraita , three matters. Learn from it that the deputy High Priest is the same as the appointed person, as the baraita is referring to the deputy High Priest in the same function described by the mishna as the appointed one. And learn from it that the way of consoling in a line is that the mourners stand and all the people pass by and console them. And learn from it that the custom is that the mourners stand to the left of the consolers.

תָּנוּ רַבָּנַן: בָּרִאשׁוֹנָה הָיוּ אֲבֵלִים עוֹמְדִין, וְכׇל הָעָם עוֹבְרִין. וְהָיוּ שְׁתֵּי מִשְׁפָּחוֹת בִּירוּשָׁלַיִם מִתְגָּרוֹת זוֹ בָּזוֹ, זֹאת אוֹמֶרֶת: ״אֲנִי עוֹבֶרֶת תְּחִלָּה״, וְזֹאת אוֹמֶרֶת: ״אֲנִי עוֹבֶרֶת תְּחִלָּה״. הִתְקִינוּ שֶׁיְּהֵא הָעָם עוֹמְדִין וַאֲבֵלִים עוֹבְרִין.

The Sages taught in a baraita : Initially the mourners would stand, and all the people would pass by one after another and console them. And there were two families in Jerusalem who would fight with each other, as this one would say: We pass by first because we are more distinguished and important, and that one would say: We pass by first. Consequently, they decreed that the people should stand and the mourners pass by, and disputes would be avoided.

(חָזַר, וְהָלַךְ, וְסִיפֵּר. סִימָן).

The Gemara presents a mnemonic for the following discussion: Returned; and walk; and converse.

אָמַר רָמֵי בַּר אַבָּא: הֶחְזִיר רַבִּי יוֹסֵי אֶת הַדָּבָר לְיוֹשְׁנוֹ בְּצִיפּוֹרִי, שֶׁיִּהְיוּ אֲבֵלִים עוֹמְדִין וְכׇל הָעָם עוֹבְרִין. וְאָמַר רָמֵי בַּר אַבָּא: הִתְקִין רַבִּי יוֹסֵי בְּצִיפּוֹרִי שֶׁלֹּא תְּהֵא אִשָּׁה מְהַלֶּכֶת בַּשּׁוּק וּבְנָהּ אַחֲרֶיהָ, מִשּׁוּם מַעֲשֶׂה שֶׁהָיָה. וְאָמַר רָמֵי בַּר אַבָּא: הִתְקִין רַבִּי יוֹסֵי בְּצִיפּוֹרִי שֶׁיִּהְיוּ נָשִׁים מְסַפְּרוֹת בְּבֵית הַכִּסֵּא, מִשּׁוּם יִיחוּד.

Rami bar Abba says: Rabbi Yosei returned the matter to its former custom in Tzippori his city, that the mourners would stand and all the people would pass. And Rami bar Abba says: Rabbi Yosei instituted an ordinance in Tzippori that a woman should not walk in the market and have her son following behind her; rather, he should walk in front of her, because of an incident that happened in which bandits abducted a child and assaulted the mother when she came searching for him in his place of captivity. And Rami bar Abba says: Rabbi Yosei instituted an ordinance in Tzippori that women should converse in the bathroom, because of the restrictions on women being secluded with men. Since the public bathrooms there were outside the city a man might enter to take advantage of a woman, but he would be warded off by the women’s conversation.

אָמַר רַב מְנַשְּׁיָא בַּר עוּת: שְׁאֵילִית אֶת רַבִּי יֹאשִׁיָּה רַבָּה בְּבֵית עָלְמִין דְּהוּצָל, וְאָמַר לִי: אֵין שׁוּרָה פְּחוּתָה מֵעֲשָׂרָה בְּנֵי אָדָם, וְאֵין אֲבֵלִים מִן הַמִּנְיָן. בֵּין שֶׁאֲבֵלִים עוֹמְדִין וְכׇל הָעָם עוֹבְרִין, בֵּין שֶׁאֲבֵלִים עוֹבְרִין וְכׇל הָעָם עוֹמְדִין.

Rav Menashya bar Ute says: I asked a question of Rabbi Yoshiya the Great in the cemetery of Huzal, and he said this halakha to me: There is no line for consoling mourners with fewer than ten people, and the mourners are not included in the count. This minimum number of consolers applies whether the mourners stand and all the people pass by, or the mourners pass by and all the people stand.

כְּשֶׁהוּא מִתְנַחֵם כּוּ׳. אִיבַּעְיָא לְהוּ: כִּי מְנַחֵם הוּא אַחֲרִינֵי, הֵיכִי אָמַר לְהוּ? תָּא שְׁמַע: וְהוּא אוֹמֵר תִּתְנַחֲמוּ. הֵיכִי דָמֵי? אִילֵּימָא כִּי מְנַחֲמִי אַחֲרִינֵי לְדִידֵיהּ, אָמַר לְהוּ אִיהוּ תִּתְנַחֲמוּ? נְחָשָׁא קָא רָמֵי לְהוּ! אֶלָּא, כִּי מְנַחֵם לְאַחֲרִינֵי אֲמַר לְהוּ תִּתְנַחֲמוּ. שְׁמַע מִינַּהּ.

§ The mishna teaches: And when he is consoled by others in his mourning, all the people say to him: We are your atonement. And he says to them: May you be blessed from Heaven. A dilemma was raised before the Sages: When the High Priest consoles others, what should he say to them? Come and hear an answer from a baraita : And he says: May you be consoled. The Gemara asks: What are the circumstances in which he says this? If we say that when others console him in his mourning he says to them: May you be consoled, this does not make sense, because he would be throwing a curse at them by saying that they too will need to be consoled. Rather, it must mean: When he consoles others, he says to them: May you be consoled. Learn from the baraita that this is what he says to console others.

מֶלֶךְ לֹא דָּן כּוּ׳. אָמַר רַב יוֹסֵף: לֹא שָׁנוּ אֶלָּא מַלְכֵי יִשְׂרָאֵל, אֲבָל מַלְכֵי בֵּית דָּוִד דָּן וְדָנִין אוֹתָן, דִּכְתִיב: ״בֵּית דָּוִד כֹּה אָמַר ה׳ דִּינוּ לַבֹּקֶר מִשְׁפָּט״. וְאִי לָא דָּיְינִינַן לֵיהּ, אִינְהוּ הֵיכִי דָּיְינִי? וְהָכְתִיב: ״הִתְקוֹשְׁשׁוּ וָקוֹשּׁוּ״, וְאָמַר רֵישׁ לָקִישׁ: קְשֹׁט עַצְמְךָ וְאַחַר כָּךְ קְשֹׁט אֲחֵרִים.

§ The mishna teaches: A king does not judge and is not judged. Rav Yosef says: They taught this halakha only with regard to the kings of Israel, who were violent and disobedient of Torah laws, but with regard to the kings of the house of David, the king judges and is judged, as it is written: “O house of David, so says the Lord: Execute justice in the morning” (Jeremiah 21:12). If they do not judge him, how can he judge? But isn’t it written: “Gather yourselves together, yea, gather together [ hitkosheshu vakoshu ]” (Zephaniah 2:1), and Reish Lakish says: This verse teaches a moral principle: Adorn [ kashet ] yourself first, and then adorn others, i.e., one who is not subject to judgment may not judge others. Since it is understood from the verse in Jeremiah that kings from the Davidic dynasty can judge others, it is implicit that they can also be judged.

אֶלָּא מַלְכֵי יִשְׂרָאֵל מַאי טַעְמָא לָא? מִשּׁוּם מַעֲשֶׂה שֶׁהָיָה, דְּעַבְדֵּיהּ דְּיַנַּאי מַלְכָּא קְטַל נַפְשָׁא. אֲמַר לְהוּ שִׁמְעוֹן בֶּן שָׁטַח לַחֲכָמִים: תְּנוּ עֵינֵיכֶם בּוֹ וּנְדוּנֶנּוּ. שְׁלַחוּ לֵיהּ: עַבְדָּךְ קְטַל נַפְשָׁא. שַׁדְּרֵיהּ לְהוּ. שְׁלַחוּ לֵיהּ: תָּא אַנְתְּ נָמֵי לְהָכָא, ״וְהוּעַד בִּבְעָלָיו״ אָמְרָה תּוֹרָה – יָבֹא בַּעַל הַשּׁוֹר וְיַעֲמוֹד עַל שׁוֹרוֹ.

The Gemara asks: But what is the reason that others do not judge the kings of Israel? It is because of an incident that happened, as the slave of Yannai the king killed a person. Shimon ben Shataḥ said to the Sages: Put your eyes on him and let us judge him. They sent word to Yannai: Your slave killed a person. Yannai sent the slave to them. They sent word to Yannai: You also come here, as the verse states with regard to an ox that gored a person to death: “He should be testified against with his owner” (Exodus 21:29). The Torah stated: The owner of the ox should come and stand over his ox.

אֲתָא וִיתֵיב. אֲמַר לֵיהּ שִׁמְעוֹן בֶּן שָׁטַח: יַנַּאי הַמֶּלֶךְ, עֲמוֹד עַל רַגְלֶיךָ וְיָעִידוּ בָּךְ. וְלֹא לְפָנֵינוּ אַתָּה עוֹמֵד, אֶלָּא לִפְנֵי מִי שֶׁאָמַר וְהָיָה הָעוֹלָם אַתָּה עוֹמֵד, שֶׁנֶּאֱמַר: ״וְעָמְדוּ שְׁנֵי הָאֲנָשִׁים אֲשֶׁר לָהֶם הָרִיב וְגוֹ״. אָמַר לוֹ: לֹא כְּשֶׁתֹּאמַר אַתָּה, אֶלָּא כְּמָה שֶׁיֹּאמְרוּ חֲבֵרֶיךָ.

The Gemara continues to narrate the incident: Yannai came and sat down. Shimon ben Shataḥ said to him: Yannai the king, stand on your feet and witnesses will testify against you. And it is not before us that you are standing, to give us honor, but it is before the One Who spoke and the world came into being that you are standing, as it is stated: “Then both the people, between whom the controversy is, shall stand before the Lord, before the priests and the judges that shall be in those days” (Deuteronomy 19:17). Yannai the king said to him: I will not stand when you alone say this to me, but according to what your colleagues say, and if the whole court tells me, I will stand.