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Talking Talmud

Sanhedrin 79: Force, Intent, and What It Takes to Convict

03.06.2025 | ו׳ באדר תשפ״ה

Two new mishnayot! First, one with the case of one who intends to kill an animal, but kills a person, or a non-Jew and then Jew, etc. Disturbing cases, but in the effort of determining the parameters of the case – when the perpetrator would be culpable, and when not. Plus, many cases of intending one action (including killing), but where the result is the death of someone else – where the perpetrator is deemed not liable. Such that intent and the degree of his blow, for example, will bring about a death – he may well be culpable after all. But if the intent included the person who is killed – then the culpability is more likely, depending on the logic of the given case. Also, the exempt cases – when you’re not sure who of the group killed someone outside of the group — applying to and assessing the perpetrator… which leads to the decision for “machnisin oto la-kipah,” where the court can’t establish a death sentence judgement, but they also can’t let these perpetrators go free.

Click here for the Talking Talmud podcast on Sanhedrin 79/871a>.’”

 

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Anne and Yardaena

Anne Gordon is the deputy editor of Ops & Blogs at The Times of Israel. She is a veteran educator, having taught in high school and post-high school institutions in Israel and America for several decades. Yardaena Osband is a pediatrician and teaches in her community and online. They both hail from Boston, proud alumna of Maimonides School, where they first learned Gemara. Talking Talmud is their conversation (via podcast) on the daf yomi. They say: “Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf…) Join the conversation with us!”

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