SanMish
Talmud class 10/26

מַתְנִי׳ כֹּהֵן גָּדוֹל דָּן וְדָנִין אוֹתוֹ, מֵעִיד וּמְעִידִין אוֹתוֹ, חוֹלֵץ וְחוֹלְצִין לְאִשְׁתּוֹ, וּמְיַיבְּמִין אֶת אִשְׁתּוֹ. אֲבָל הוּא אֵינוֹ מְיַיבֵּם, מִפְּנֵי שֶׁהוּא אָסוּר בָּאַלְמָנָה. מֵת לוֹ מֵת, אֵינוֹ יוֹצֵא אַחַר הַמִּטָּה, אֶלָּא הֵן נִכְסִין וְהוּא נִגְלֶה, הֵן נִגְלִין וְהוּא נִכְסֶה, וְיוֹצֵא עִמָּהֶן עַד פֶּתַח שַׁעַר הָעִיר, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: אֵינוֹ יוֹצֵא מִן הַמִּקְדָּשׁ, מִשּׁוּם שֶׁנֶּאֱמַר: ״וּמִן הַמִּקְדָּשׁ לֹא יֵצֵא״. וּכְשֶׁהוּא מְנַחֵם אֲחֵרִים, דֶּרֶךְ כׇּל הָעָם עוֹבְרִין בְּזֶה אַחַר זֶה, וְהַמְמוּנֶּה מְמַצְּעוֹ בֵּינוֹ לְבֵין הָעָם. וּכְשֶׁהוּא מִתְנַחֵם מֵאֲחֵרִים, כׇּל הָעָם אוֹמְרִים לוֹ: אֲנַחְנוּ כַּפָּרָתְךָ, וְהוּא אוֹמֵר לָהֶן: תִּתְבָּרְכוּ מִן הַשָּׁמַיִם. וּכְשֶׁמַּבְרִין אוֹתוֹ, כׇּל הָעָם מְסוּבִּין עַל הָאָרֶץ, וְהוּא מֵיסֵב עַל הַסַּפְסָל. הַמֶּלֶךְ לֹא דָּן, וְלֹא דָּנִין אוֹתוֹ, לֹא מֵעִיד וְלֹא מְעִידִין אוֹתוֹ, לֹא חוֹלֵץ וְלֹא חוֹלְצִין לְאִשְׁתּוֹ, לֹא מְיַיבֵּם וְלֹא מְיַיבְּמִין לְאִשְׁתּוֹ. רַבִּי יְהוּדָה אוֹמֵר: אִם רָצָה לַחֲלוֹץ אוֹ לְיַיבֵּם – זָכוּר לַטּוֹב. אָמְרוּ לוֹ: אֵין שׁוֹמְעִין לוֹ.

MISHNA: The High Priest judges others if he is sufficiently wise, and others judge him when he transgresses. He testifies before the court and others testify concerning him. He performs ḥalitza with his brother’s widow and his brother performs ḥalitza with his wife; and his brother consummates levirate marriage with his wife. But he does not consummate levirate marriage with his brother’s widow, because it is prohibited for him to marry a widow (see Leviticus 21:14), and can therefore never fulfill the mitzva of levirate marriage, as a yevama is by definition a widow. If a relative of the High Priest dies, he does not follow the bier carrying the corpse, since it is prohibited for the High Priest to become ritually impure even for immediate relatives (see Leviticus 21:11). Rather, once the members of the funeral procession 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, and in this way, he goes out with them until the entrance of the gate of the city, from where they would take out the corpse, since the dead were not buried in Jerusalem. This is the statement of Rabbi Meir.Rabbi Yehuda says: He does not emerge from the Temple at all for the burial of his relatives, as it is stated: “And from the Temple he shall not emerge and will not desecrate the Temple of his God; for the separateness of the oil of the anointment of his God is on him” (Leviticus 21:12). The mishna continues: 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 the High Priest and the people. 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. And when they comfort him with the first meal after the burial of one of his relatives, all the people recline on the ground as if they are taking his mourning on themselves, and he reclines on the bench out of respect for his status as High Priest. The mishna continues, enumerating the halakhot pertaining to the king in similar matters: The king does not judge others as a member of a court and others do not judge him, he does not testify and others do not testify concerning him, he does not perform ḥalitza with his brother’s widow and his brother does not perform ḥalitza with his wife, and he does not consummate levirate marriage with his brother’s widow and his brother does not consummate levirate marriage with his wife, as all these actions are not fitting to the honor of his office. Rabbi Yehuda says: These are not restrictions, but his prerogative: If he desired to perform ḥalitza or to consummate levirate marriage, he is remembered for good, as this is to the benefit of his brother’s widow. The Sages said to him: They do not listen to him if he desires to do so, as this affects not only his own honor but that of the kingdom.

הַמֶּלֶךְ לֹא דָּן, וְלֹא דָּנִין אוֹתוֹ, לֹא מֵעִיד וְלֹא מְעִידִין אוֹתוֹ, לֹא חוֹלֵץ וְלֹא חוֹלְצִין לְאִשְׁתּוֹ, לֹא מְיַיבֵּם וְלֹא מְיַיבְּמִין לְאִשְׁתּוֹ. רַבִּי יְהוּדָה אוֹמֵר: אִם רָצָה לַחֲלוֹץ אוֹ לְיַיבֵּם – זָכוּר לַטּוֹב. אָמְרוּ לוֹ: אֵין שׁוֹמְעִין לוֹ. וְאֵין נוֹשְׂאִין אַלְמְנָתוֹ, רַבִּי יְהוּדָה אוֹמֵר: נוֹשֵׂא הַמֶּלֶךְ אַלְמְנָתוֹ שֶׁל מֶלֶךְ, שֶׁכֵּן מָצִינוּ בְּדָוִד שֶׁנָּשָׂא אַלְמְנָתוֹ שֶׁל שָׁאוּל, שֶׁנֶּאֱמַר: ״וָאֶתְּנָה לְךָ אֶת בֵּית אֲדֹנֶיךָ וְאֶת נְשֵׁי אֲדֹנֶיךָ בְּחֵיקֶךָ״. גְּמָ׳ כֹּהֵן גָּדוֹל דָּן. פְּשִׁיטָא! דָּנִין אוֹתוֹ אִיצְטְרִיכָא לֵיהּ. הָא נָמֵי פְּשִׁיטָא: אִי לָא דָּיְינִינַן לֵיהּ, אִיהוּ הֵיכִי דָּיֵין? וְהָכְתִיב ״הִתְקוֹשְׁשׁוּ וָקוֹשּׁוּ״, וְאָמַר רֵישׁ לָקִישׁ: קְשֹׁט עַצְמְךָ וְאַחַר כָּךְ קְשֹׁט אֲחֵרִים. אֶלָּא, אַיְּידֵי דְּקָא בָּעֵי לְמִיתְנֵי מֶלֶךְ לֹא דָּן וְלֹא דָּנִין אוֹתוֹ, תְּנָא נָמֵי כֹּהֵן גָּדוֹל דָּן וְדָנִין. וְאִי בָּעֵית אֵימָא, הָא קָא מַשְׁמַע לַן כִּדְתַנְיָא: כֹּהֵן גָּדוֹל שֶׁהָרַג אֶת הַנֶּפֶשׁ בְּמֵזִיד – נֶהֱרָג, בְּשׁוֹגֵג – גּוֹלֶה, וְעוֹבֵר עַל עֲשֵׂה וְעַל לֹא תַעֲשֶׂה, וַהֲרֵי הוּא כְּהֶדְיוֹט לְכׇל דְּבָרָיו.

The mishna continues, enumerating the halakhot pertaining to the king in similar matters: The king does not judge others as a member of a court and others do not judge him, he does not testify and others do not testify concerning him, he does not perform ḥalitza with his brother’s widow and his brother does not perform ḥalitza with his wife, and he does not consummate levirate marriage with his brother’s widow and his brother does not consummate levirate marriage with his wife, as all these actions are not fitting to the honor of his office. Rabbi Yehuda says: These are not restrictions, but his prerogative: If he desired to perform ḥalitza or to consummate levirate marriage, he is remembered for good, as this is to the benefit of his brother’s widow. The Sages said to him: They do not listen to him if he desires to do so, as this affects not only his own honor but that of the kingdom. And no one may marry a king’s widow, due to his honor. Rabbi Yehuda says: Another king may marry the widow of a king, as we found thatKing David married the widow of King Saul, as it is stated: “And I have given you the house of your master and the wives of your master in your bosom” (II Samuel 12:8). GEMARA: The mishna teaches that the High Priest judges others as a member of a court. The Gemara asks: Isn’t that obvious? Why would one think that he would be unfit to serve as a judge? The Gemara answers: It was necessary for the mishna to mention the latter clause: And others judge him, and therefore, it taught the related halakha with it. The Gemara objects: This is also obvious; if others do not judge him, how can he judge others? 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. Rather, neither halakha concerning the High Priest is a novelty. But since the tannawants to teach that the king does not judge others and others do not judge him, he also taught that the High Priest judges others and others judge him. And if you wish, say instead that this teaches us the halakhaas it is taught in a baraita (Tosefta 4:1): A High Priest who killed a person intentionally is killed; if he killed unintentionally, he is exiled to a city of refuge, and he transgresses a positive mitzva and a prohibition, and he is like an ordinary person concerning all of hishalakhot.