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Talking Talmud

Sanhedrin 81: When the Court Can’t Execute Those Who Deserve It

03.08.2025 | ח׳ באדר תשפ״ה

Mishnayot! 1 – Someone who has incurred two different kinds of death penalties (but can only be killed once) – he is killed with the worse of them. Someone who has incurred two death penalties with one action, likewise to the more severe punishment. Which is tricky because there are such disputes over the hierarchy of the severity of the ways of execution. Also, 2 – someone who has been punished with lashes twice is then given the judgement of “machnisin oto la-kipah,” even though he can’t be executed at this time. (How many times does he have to have been judged for lashes?) 3 – Someone who kills another, but with no witnesses – another case of being consigned to that little hut, where basically the person starves. But why does this judgement usually include barley? Possibly it’s the same across the board, and with each part of the meal in the different mishnayot. 4. Violations that are beyond the scope of the judgement of the courts – open the way for zealots, which is its own discussion (stay tuned!).

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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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