Pisqa’ 155⁷¹

1. “As for the man who acts in defiance” (Dt. 17:12). This refers to one who does not submit to the court and insists upon his teaching.

footnotes: ⁷¹ H:190; JN2:21-22

“Who acts” (Dt. 17;12)— he is held liable for an actual act, but he is not held liable for merely teaching.

“Who acts defiantly” (Dt. 17:12)— he is held liable for teaching defiantly, but he is not held liable for inadvertent error.

“By not listening” (Dt. 17:12)— but not one who violates a teaching heard at second-hand.

“To the Priest who stands there in service” (Dt. 17:12)— this indicates that proper service is performed only while standing. Therefore, if he served while seated, his service is disqualified. ⁷² 167.1.

footnotes: ⁷² Sifre Nu. 39; cf. Pisqa’

“Or to the justice” (Dt. 17:12)— as we have taught:⁷³ 153.1. even though a court has no Priests or Levites, it is qualified.

footnotes: ⁷³ At Pisqa’

“Then that man shall die” (Dt. 17:12)— Where the mode of execution is unspecified in the Torah, **we assume strangulation.**⁷⁴, 5, s.v., khol mitah ha’amurah stam. Cf, Pisqa’ 273.1.

footnotes: ⁷⁴ //Mech ISH, neziqin

“That man” (Dt. 17:12)— but not if he is coerced [into apostasy by a threat to his life], nor one who acted unintentionally, **nor one who was misled [out of ignorance].**⁷⁵ 149.4.

footnotes: ⁷⁵ Cf. Pisqa’

“And you must expunge this evil from Israel” (Dt. 17:12)— that is, expunge the evil-doers from Israel.⁷⁶ 140.1 (Dt. 22:1) and Dt. 22:2 (141.1).

footnotes: ⁷⁶ This mandate for expunging evil is appears commonly in Sifre, attached to several verses in Deuteronomy. Cf. Pisqa’ot