- Rebbe Elazar ben Yaakov: King and Kohen Gadol come, if entire Sanhedrin comes
The Gemara notes that our Mishnah does not accord with Rebbe Elazar ben Yaakov, who says: "זקניך" זו סנהדרין – “Your elders,” this refers to Sanhedrin, "שופטיך" זה מלך וכהן גדול – “your judges,” this refers to the King and Kohen Gadol. The Gemara inquires if he holds like one of the Tannaim of our Mishnah regarding the number of judges required, or if he requires the entire Sanhedrin to come. Rav Yosef brought a Baraisa which teaches that a זקן ממרא – the rebellious elder, who received Sanhedrin’s ruling outside of the לשכת הגזית and later ignores it, is not punished. Now, the case must be where the entire Sanhedrin was there, because otherwise, he obviously could not be liable, since it is possible the other members would agree with him. But since at least twenty-three members must always be in the לשכת הגזית, how would this occur? It must be that they left for a mitzvah that required the entire Sanhedrin, presumably to measure for an עגלה ערופה!? The Gemara answers that the entire Sanhedrin is required for a different purpose: להוסיף על העיר ועל העזרות – to add to the city of Yerushalayim or to the azaros of the Beis Hamikdash. However, the Gemara brings another Baraisa which clearly states that Sanhedrin leaves for the purpose of measuring for עגלה ערופה.
- Two corpses on top of each other
Abaye once declared: הריני כבן עזאי בשוקי טבריא – Today I am prepared to answer questions with depth and clarity like Ben Azzai did in the markets of Tiveria. He was asked: שני חללים זה על גבי זה – Two corpses which are found one on top of the other, מהיכן הוא מודד – from where does one measure to surrounding cities? מין במינו הוי טמון ומין במינו לא הוי צף – Do we say something covered by its own type (another corpse) is considered “covered”(and exempt from עגלה ערופה), but something raised on its own type is not considered “floating” (and is subject to עגלה ערופה), ומעליון מודד - thus one would only measure from the top corpse? Or perhaps the top corpse is considered floating, and the bottom is not considered covered, and we would only measure from the bottom. It is also possible that neither is subject to עגלה ערופה (if they are considered covered and floating, respectively), and Rashi adds the possibility that they may both be subject to עגלה ערופה. Abaye offered a resolution from a Baraisa regarding שכחה, where one sheaf of grain lay atop another (which are the same type). The Tanna Kamma says the bottom is שכחה and the top is not (because of a “floating” exemption), and Rebbe Shimon says neither is שכחה, because the bottom has a “covered” exemption. The Gemara says they do not necessarily argue if the bottom is considered covered but may disagree if there is a “covered” exemption regarding שכחה.
- Machlokes from which part of the corpse to measure
The next Mishnah records a machlokes from where to measure. Rebbe Eliezer says: מטיבורו – From his navel. Rebbe Akiva says: מחוטמו – From his nose. Rebbe Elazar ben Yaakov says: ממקום שנעשה חלל מצוארו – From where he becomes a corpse, i.e., from his neck. The Gemara explains that Rebbe Akiva holds: עיקר חיותא באפיה – his primary life element is in his nose (i.e., breathing). Rebbe Eliezer holds: עיקר חיותא בטיבוריה – his primary life element is in his navel (i.e., the digestive organs). The Gemara suggests this parallels a machlokes if a fetus is formed from the head or from the navel, but says that even Abba Shaul, who says a fetus is formed from the navel, can agree that after formation, breathing is the primary life element. Rebbe Elazar ben Yaakov says to measure from the neck, based on a passuk which says: "צוארי חללי רשעים" – the necks of the corpses of the wicked, relating “corpses” with “necks."
