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Today's Daf Yomi

August 22, 2017 | 诇壮 讘讗讘 转砖注状讝

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

Sanhedrin 37

讜砖诇砖 砖讜专讜转 砖诇 转诇诪讬讚讬 讞讻诪讬诐 讬讜砖讘讬谉 诇驻谞讬讛谉 讻诇 讗讞讚 讜讗讞讚 诪讻讬专 讗转 诪拽讜诪讜 讛讜爪专讻讜 诇住诪讜讱 住讜诪讻讬谉 诪谉 讛专讗砖讜谞讛 讗讞讚 诪谉 讛砖谞讬讛 讘讗 诇讜 诇专讗砖讜谞讛 讗讞讚 诪谉 讛砖诇讬砖讬转 讘讗 诇讜 诇砖谞讬讛 讘讜专专讬诐 诇讛谉 注讜讚 讗讞讚 诪谉 讛拽讛诇 讜诪讜砖讬讘讬谉 讗讜转讜 讘砖诇讬砖讬转 讜诇讗 讛讬讛 讬讜砖讘 讘诪拽讜诪讜 砖诇 专讗砖讜谉 讗诇讗 讬讜砖讘 讘诪拽讜诐 讛专讗讜讬 诇讜

And three rows of Torah scholars sit before the judges, and each and every one among those sitting recognizes his place, i.e., they are seated in accordance with their stature. When the court must ordain an additional judge, e.g., if a judge dies during the proceedings or in the case of a court without a decisive majority (see 40a), the court ordains the greatest Torah scholar from the first row. As a seat in the first row is now vacant, one Torah scholar from the second row comes to the first row, and one Torah scholar from the third row comes to the second row, and the court selects another Torah scholar from among the assembled and they seat him in the third row. And this Torah scholar who moves from the second row to the first row would not sit in the place of the first Torah scholar, who joined the court, rather, he would sit in the place appropriate for him, i.e., at the end of that row, in accordance with his stature.

讙诪壮 诪谞讗 讛谞讬 诪讬诇讬 讗诪专 专讘讬 讗讞讗 讘专 讞谞讬谞讗 讚讗诪专 拽专讗 砖专专讱 讗讙谉 讛住讛专 讗诇 讬讞住专 讛诪讝讙 讜讙讜壮

GEMARA: The mishna teaches that the Sanhedrin would sit in a semicircle. The Gemara asks: From where are these matters derived? Rabbi A岣 bar 岣nina says: As the verse states: 鈥淵our navel is like a round goblet, let no mingled wine be wanting; your belly is like a heap of wheat set about with lilies鈥 (Song of Songs 7:3).

砖专专讱 讝讜 住谞讛讚专讬谉 诇诪讛 谞拽专讗 砖诪讛 砖专专讱 砖讛讬讗 讬讜砖讘转 讘讟讬讘讜专讜 砖诇 注讜诇诐 讗讙谉 砖讛讬讗 诪讙讬谞讛 注诇 讻诇 讛注讜诇诐 讻讜诇讜 讛住讛专 砖讛讬讗 讚讜诪讛 诇住讛专

This verse is interpreted as referring to the members of the Sanhedrin, who sit in a semicircle. 鈥淵our navel鈥; this is an allusion to the Sanhedrin. And why is it called by way of allusion 鈥測our navel鈥? It is because it sits in the navel of the world, in the Temple. 鈥淕oblet [aggan]鈥; this teaches that the Sanhedrin protects [meginna] the entire world with its merit. 鈥淩ound [hassahar]鈥; this teaches that the Sanhedrin is similar to the moon [sahar]. The court sits in a semicircle, like the shape of the moon.

讗诇 讬讞住专 讛诪讝讙 砖讗诐 讛讜爪专讱 讗讞讚 诪讛诐 诇爪讗转 专讜讗讬谉 讗诐 讬砖 注砖专讬诐 讜砖诇砖讛 讻谞讙讚 住谞讛讚专讬 拽讟谞讛 讬讜爪讗 讜讗诐 诇讗讜 讗讬谞讜 讬讜爪讗

鈥淟et no mingled wine be wanting鈥; this compares the Sanhedrin to wine mixed with water, which typically involved mixing two parts water with one part wine. This teaches that if one member of the Great Sanhedrin needed to leave, they see: If there are still present in the Chamber of Hewn Stone twenty-three members, i.e., a third of the judges, corresponding to the number of a lesser Sanhedrin, he may leave, but if not, he may not leave.

讘讟谞讱 注专诪转 讞讟讬诐 诪讛 注专讬诪转 讞讟讬诐 讛讻诇 谞讛谞讬谉 诪诪谞讛 讗祝 住谞讛讚专讬谉 讛讻诇 谞讛谞讬谉 诪讟注诪讬讛谉 住讜讙讛 讘砖讜砖谞讬诐 砖讗驻讬诇讜 讻住讜讙讛 砖诇 砖讜砖谞讬诐 诇讗 讬驻专爪讜 讘讛谉 驻专爪讜转

The phrase 鈥測our belly is like a heap of wheat鈥 teaches that just as with regard to a heap of wheat, all derive benefit from it, so too, with regard to the Sanhedrin, all derive benefit from their explanations of the Torah. The phrase 鈥渟et about with lilies鈥 is said in praise of the Jewish people, as they do not breach even a fence made of lilies, since the Jewish people observe both Torah law as well as rabbinic ordinances and decrees.

讜讛讬讬谞讜 讚讗诪专 诇讬讛 讛讛讜讗 诪讬谞讗 诇专讘 讻讛谞讗 讗诪专讬转讜 谞讚讛 砖专讬 诇讬讬讞讜讚讬 讘讛讚讬 讙讘专讗 讗驻砖专 讗砖 讘谞注讜专转 讜讗讬谞讛 诪讛讘讛讘转 讗诪专 诇讬讛 讛转讜专讛 讛注讬讚讛 注诇讬谞讜 住讜讙讛 讘砖讜砖谞讬诐 砖讗驻讬诇讜 讻住讜讙讛 讘砖讜砖谞讬诐 诇讗 讬驻专爪讜 讘讛谉 驻专爪讜转

And this is like an incident involving Rav Kahana, as a certain heretic said to Rav Kahana: You say that it is permitted for a menstruating woman to seclude herself with a man, i.e., her husband. Is it possible to set fire to chips of kindling and not have them blaze and burn? How can the couple be relied upon not to engage in sexual intercourse? Rav Kahana said to him: The Torah testifies concerning us that we are 鈥渟et about with lilies,鈥 as the Jewish people do not breach even a fence made of lilies.

专讬砖 诇拽讬砖 讗诪专 诪讛讻讗 讻驻诇讞 讛专诪讜谉 专拽转讱 讗驻讬诇讜 专讬拽谞讬谉 砖讘讱 诪诇讗讬谉 诪爪讜转 讻专诪讜谉 专讘讬 讝讬专讗 讗诪专 诪讛讻讗 讜讬专讞 讗转 专讬讞 讘讙讚讬讜 讗诇 转讬拽专讬 讘讙讚讬讜 讗诇讗 讘讜讙讚讬讜

Reish Lakish says that the source to rely on them not to transgress is from here: 鈥淵our temples [rakkatekh] are like a pomegranate split open鈥 (Song of Songs 6:7), which teaches that even the empty people [reikanin] among you are as full of mitzvot as the pomegranate is full of seeds. Rabbi Zeira says that the source is from here: The verse states concerning the occasion when Isaac blessed Jacob: 鈥淎nd he smelled the smell of his garments, and blessed him, and said: See, the smell of my son is as the smell of a field that the Lord has blessed鈥 (Genesis 27:27). Do not read 鈥渉is garments [begadav]鈥; rather, read: His traitors [bogedav], meaning that even traitors and sinners among the Jewish people have qualities 鈥渁s the smell of a field that the Lord has blessed.鈥

讛谞讛讜 讘专讬讜谞讬 讚讛讜讛 讘砖讬讘讘讜转讬讛 讚专讘讬 讝讬专讗 讚讛讜讛 诪拽专讘 诇讛讜 讻讬 讛讬讻讬 讚谞讬讛讚专讜 诇讛讜 讘转讬讜讘转讗 讜讛讜讜 拽驻讚讬 专讘谞谉 讻讬 谞讞 谞驻砖讬讛 讚专讘讬 讝讬专讗 讗诪专讬 注讚 讛讗讬讚谞讗 讛讜讛 讞专讬讻讗 拽讟讬谉 砖拽讬讛 讚讛讜讛 讘注讬 注诇谉 专讞诪讬 讛砖转讗 诪讗谉 讘注讬 注诇谉 专讞诪讬 讛专讛专讜 讘诇讘讬讬讛讜 讜注讘讚讜 转砖讜讘讛

The Gemara relates: There were certain hooligans [biryonei] who were living in the neighborhood of Rabbi Zeira. He brought them close, i.e., treated them with friendship, in order to cause them to repent of their sins, but the other Sages disapproved of his actions. When Rabbi Zeira died, those hooligans said: Until now, there was the short one with singed legs, i.e., Rabbi Zeira, who would pray for compassion for us. Who will pray for compassion for us now? They thought about this in their hearts and repented. Ultimately, Rabbi Zeira鈥檚 actions were proven correct, as they repented.

砖诇砖 砖讜专讜转 讻讜壮 讗诪专 讗讘讬讬 砖诪注 诪讬谞讛 讻讬 谞讬讬讚讬 讻讜诇讛讜 谞讬讬讚讬 讜诇讬诪讗 诇讛讜 注讚 讛讗讬讚谞讗 讛讜讛 讬转讬讘谞讗 讘专讬砖讗 讛砖转讗 诪讜转讘讬转讜 诇讬 讘讚谞讘讬 讗诪专 讗讘讬讬 讚讗诪专讬 诇讬讛 讛讻讬 讛讜讬 讝谞讘 诇讗专讬讜转 讜讗诇 转讛讬 专讗砖 诇砖讜注诇讬诐

搂 The mishna teaches that there are three rows of Torah scholars who sit before the court, and if one of the Torah scholars from the first row is elevated to a place on the court, the Torah scholar in the first position of the second row moves to the final position of the first row. Abaye says: Learn from the mishna that when they move, i.e., when the Torah scholars need to move as a result of one of them being elevated to the court, they all move. The Gemara inquires: But let the one being moved from the first position of the second row to the last position of the first row say to the court: Until now I was sitting at the head of the row, but now you are seating me at the tail, i.e., the end, of a row. Abaye says in explanation: That is not a valid claim, as the court can say this to him: Be a tail to the lions and do not be a head to the foxes (Avot 4:15), meaning that it is preferable to be the least among great people than the greatest among lesser people.

诪转谞讬壮 讻讬爪讚 诪讗讬讬诪讬谉 讗转 讛注讚讬诐 注诇 注讬讚讬 谞驻砖讜转 讛讬讜 诪讻谞讬住讬谉 讗讜转谉 讜诪讗讬讬诪讬谉 注诇讬讛谉 砖诪讗 转讗诪专讜 诪讗讜诪讚 讜诪砖诪讜注讛 注讚 诪驻讬 注讚 讜诪驻讬 讗讚诐 谞讗诪谉 砖诪讗 讗讬 讗转诐 讬讜讚注讬谉 砖住讜驻谞讜 诇讘讚讜拽 讗转讻诐 讘讚专讬砖讛 讜讘讞拽讬专讛

MISHNA: How does the court intimidate the witnesses in giving testimony for cases of capital law? They would bring the witnesses in and intimidate them by saying to them: Perhaps what you say in your testimony is based on conjecture, or perhaps it is based on a rumor, perhaps it is testimony based on hearsay, e.g., you heard a witness testify to this in a different court, or perhaps it is based on the statement of a trusted person. Perhaps you do not know that ultimately we examine you with inquiry and interrogation, and if you are lying, your lie will be discovered.

讛讜讜 讬讜讚注讬谉 砖诇讗 讻讚讬谞讬 诪诪讜谞讜转 讚讬谞讬 谞驻砖讜转 讚讬谞讬 诪诪讜谞讜转 讗讚诐 谞讜转谉 诪诪讜谉 讜诪转讻驻专 诇讜 讚讬谞讬 谞驻砖讜转 讚诪讜 讜讚诐 讝专注讜转讬讜 转诇讜讬讬谉 讘讜 注讚 住讜祝 讛注讜诇诐

The court tells them: You should know that cases of capital law are not like cases of monetary law. In cases of monetary law, a person who testifies falsely, causing money to be given to the wrong party, can give the money to the proper owner and his sin is atoned for. In cases of capital law, if one testifies falsely, the blood of the accused and the blood of his offspring that he did not merit to produce are ascribed to the witness鈥檚 testimony until eternity.

砖讻谉 诪爪讬谞讜 讘拽讬谉 砖讛专讙 讗转 讗讞讬讜 砖谞讗诪专 讚诪讬 讗讞讬讱 爪注拽讬诐 讗讬谞讜 讗讜诪专 讚诐 讗讞讬讱 讗诇讗 讚诪讬 讗讞讬讱 讚诪讜 讜讚诐 讝专注讜转讬讜 讚讘专 讗讞专 讚诪讬 讗讞讬讱 砖讛讬讛 讚诪讜 诪讜砖诇讱 注诇 讛注爪讬诐 讜注诇 讛讗讘谞讬诐

The proof for this is as we found with Cain, who killed his brother, as it is stated concerning him: 鈥淭he voice of your brother鈥檚 blood [demei] cries out to Me from the ground鈥 (Genesis 4:10). The verse does not state: Your brother鈥檚 blood [dam], in the singular, but rather: 鈥淵our brother鈥檚 blood [demei],鈥 in the plural. This serves to teach that the loss of both his brother鈥檚 blood and the blood of his brother鈥檚 offspring are ascribed to Cain. The mishna notes: Alternatively, the phrase 鈥測our brother鈥檚 blood [demei],鈥 written in the plural, teaches that that his blood was not gathered in one place but was splattered on the trees and on the stones.

诇驻讬讻讱 谞讘专讗 讗讚诐 讬讞讬讚讬 诇诇诪讚讱 砖讻诇 讛诪讗讘讚 谞驻砖 讗讞转 诪讬砖专讗诇 诪注诇讛 注诇讬讜 讛讻转讜讘 讻讗讬诇讜 讗讬讘讚 注讜诇诐 诪诇讗 讜讻诇 讛诪拽讬讬诐 谞驻砖 讗讞转 诪讬砖专讗诇 诪注诇讛 注诇讬讜 讛讻转讜讘 讻讗讬诇讜 拽讬讬诐 注讜诇诐 诪诇讗

The court tells the witnesses: Therefore, Adam the first man was created alone, to teach you that with regard to anyone who destroys one soul from the Jewish people, i.e., kills one Jew, the verse ascribes him blame as if he destroyed an entire world, as Adam was one person, from whom the population of an entire world came forth. And conversely, anyone who sustains one soul from the Jewish people, the verse ascribes him credit as if he sustained an entire world.

讜诪驻谞讬 砖诇讜诐 讛讘专讬讜转 砖诇讗 讬讗诪专 讗讚诐 诇讞讘讬专讜 讗讘讗 讙讚讜诇 诪讗讘讬讱 讜砖诇讗 讬讛讜 讛诪讬谞讬诐 讗讜诪专讬诐 讛专讘讛 专砖讜讬讜转 讘砖诪讬诐

The mishna cites another reason Adam the first man was created alone: And this was done due to the importance of maintaining peace among people, so that one person will not say to another: My father, i.e., progenitor, is greater than your father. And it was also so that the heretics who believe in multiple gods will not say: There are many authorities in Heaven, and each created a different person.

讜诇讛讙讬讚 讙讚讜诇转讜 砖诇 讛拽讚讜砖 讘专讜讱 讛讜讗 砖讗讚诐 讟讜讘注 讻诪讛 诪讟讘注讜转 讘讞讜转诐 讗讞讚 讻讜诇谉 讚讜诪讬谉 讝讛 诇讝讛 讜诪诇讱 诪诇讻讬 讛诪诇讻讬诐 讛拽讚讜砖 讘专讜讱 讛讜讗 讟讘注 讻诇 讗讚诐 讘讞讜转诪讜 砖诇 讗讚诐 讛专讗砖讜谉 讜讗讬谉 讗讞讚 诪讛谉 讚讜诪讛 诇讞讘讬专讜 诇驻讬讻讱 讻诇 讗讞讚 讜讗讞讚 讞讬讬讘 诇讜诪专 讘砖讘讬诇讬 谞讘专讗 讛注讜诇诐

And this serves to tell of the greatness of the Holy One, Blessed be He, as when a person stamps several coins with one seal, they are all similar to each other. But the supreme King of kings, the Holy One, Blessed be He, stamped all people with the seal of Adam the first man, as all of them are his offspring, and not one of them is similar to another. Therefore, since all humanity descends from one person, each and every person is obligated to say: The world was created for me, as one person can be the source of all humanity, and recognize the significance of his actions.

讜砖诪讗 转讗诪专讜

The court says to the witnesses: And perhaps you will say:

诪讛 诇谞讜 讜诇爪专讛 讛讝讗转 讜讛诇讗 讻讘专 谞讗诪专 讜讛讜讗 注讚 讗讜 专讗讛 讗讜 讬讚注 讗诐 诇讜讗 讬讙讬讚 讜讙讜壮 讜砖诪讗 转讗诪专讜 诪讛 诇谞讜 诇讞讜讘 讘讚诪讜 砖诇 讝讛 讜讛诇讗 讻讘专 谞讗诪专 讘讗讘讚 专砖注讬诐 专谞讛

Why would we want this trouble? Perhaps it would be better not to testify at all. But be aware, as is it not already stated: 鈥淎nd he being a witness, whether he has seen or known, if he does not utter it, then he shall bear his iniquity鈥 (Leviticus 5:1)? It is a transgression not to testify when one can do so. And perhaps you will say: Why would we want to be responsible for the blood of this person? But be aware, as is it not already stated: 鈥淲hen the wicked perish, there is song鈥 (Proverbs 11:10)?

讙诪壮 转谞讜 专讘谞谉 讻讬爪讚 诪讗讜诪讚 讗讜诪专 诇讛谉 壮砖诪讗 讻讱 专讗讬转诐 砖专抓 讗讞专 讞讘讬专讜 诇讞讜专讘讛 讜专爪转诐 讗讞专讬讜 讜诪爪讗转诐 住讬讬祝 讘讬讚讜 讜讚诪讜 诪讟驻讟祝 讜讛专讜讙 诪驻专驻专 讗诐 讻讱 专讗讬转诐 诇讗 专讗讬转诐 讻诇讜诐壮

GEMARA: The Sages taught in a baraita: How does the court describe testimony based on conjecture? The court says to the witnesses: Perhaps you saw this man about whom you are testifying pursuing another into a ruin, and you pursued him and found a sword in his hand, dripping with blood, and the one who was ultimately killed was convulsing. If you saw only this, it is as if you saw nothing, and you cannot testify to the murder.

转谞讬讗 讗诪专 专讘讬 砖诪注讜谉 讘谉 砖讟讞 讗专讗讛 讘谞讞诪讛 讗诐 诇讗 专讗讬转讬 讗讞讚 砖专抓 讗讞专 讞讘讬专讜 诇讞讜专讘讛 讜专爪转讬 讗讞专讬讜 讜专讗讬转讬 住讬讬祝 讘讬讚讜 讜讚诪讜 诪讟驻讟祝 讜讛专讜讙 诪驻专驻专 讜讗诪专转讬 诇讜 专砖注 诪讬 讛专讙讜 诇讝讛 讗讜 讗谞讬 讗讜 讗转讛 讗讘诇 诪讛 讗注砖讛 砖讗讬谉 讚诪讱 诪住讜专 讘讬讚讬 砖讛专讬 讗诪专讛 转讜专讛 壮注诇 驻讬 砖谞讬诐 注讚讬诐 讬讜诪转 讛诪转 讛讬讜讚注 诪讞砖讘讜转 讬驻专注 诪讗讜转讜 讛讗讬砖 砖讛专讙 讗转 讞讘讬专讜壮 讗诪专讜 诇讗 讝讝讜 诪砖诐 注讚 砖讘讗 谞讞砖 讜讛讻讬砖讜 讜诪转

It is taught in a baraita that Rabbi Shimon ben Shata岣 said as an oath: I will not see the consolation of Israel if I did not once see one person pursue another into a ruin, and I pursued him and saw a sword in his hand, dripping with blood, and the one who was ultimately killed was convulsing. And I said to him: Wicked person, who has killed this man? Either you or I. But what can I do, since your blood is not given over to me, as the Torah states: 鈥淎t the mouth of two witnesses, or three witnesses, shall he that is to die be put to death鈥 (Deuteronomy 17:6), and I did not witness you killing him. The One Who knows one鈥檚 thoughts shall punish this man who killed another. The Sages said: They did not move from there before a snake came and bit the murderer, and he died.

讜讛讗讬 讘专 谞讞砖 讛讜讗 讜讛讗诪专 专讘 讬讜住祝 讜讻谉 转谞讬 讚讘讬 讞讝拽讬讛 诪讬讜诐 砖讞专讘 讘讬转 讛诪拽讚砖 讗祝 注诇 驻讬 砖讘讟诇讛 住谞讛讚专讬 讗专讘注 诪讬转讜转 诇讗 讘讟诇讜 诇讗 讘讟诇讜 讜讛讗 讘讟诇讜 讗诇讗 讚讬谉 讗专讘注 诪讬转讜转 诇讗 讘讟诇讜

The Gemara questions this account: But was this murderer fit to die by being bitten by a snake? But doesn鈥檛 Rav Yosef say, and so the school of 岣zkiyya also taught: From the day that the Temple was destroyed, although the Sanhedrin ceased to be extant, the four types of court-imposed capital punishment have not ceased. The Gemara asks: Have they really not ceased? But they have ceased, as court-imposed capital punishment is no longer given. Rather, the intention is that the halakha of the four types of court-imposed capital punishment has not ceased to be applicable.

诪讬 砖谞转讞讬讬讘 住拽讬诇讛 讗讜 谞讜驻诇 诪谉 讛讙讙 讗讜 讞讬讛 讚讜专住转讜 诪讬 砖谞转讞讬讬讘 砖专讬驻讛 讗讜 谞讜驻诇 讘讚诇讬拽讛 讗讜 谞讞砖 诪讻讬砖讜 诪讬 砖谞转讞讬讬讘 讛专讬讙讛 讗讜 谞诪住专 诇诪诇讻讜转 讗讜 诇讬住讟讬谉 讘讗讬谉 注诇讬讜 诪讬 砖谞转讞讬讬讘 讞谞拽 讗讜 讟讜讘注 讘谞讛专 讗讜 诪转 讘住专讜谞讻讬

The Gemara explains: How so? For one who would be liable to be executed by stoning, either he falls from a roof or an animal mauls him and breaks his bones. This death is similar to death by stoning, in which the one liable to be executed is pushed from a platform and his bones break from the impact of the fall. For one who would be liable to be executed by burning, either he falls into a fire and is burned or a snake bites him, as a snakebite causes a burning sensation. For one who would be liable to be executed by slaying through decapitation by the sword, either he is turned over to the authorities and they execute him with a sword, or robbers come upon him and murder him. One who would be liable to be executed by strangling either drowns in a river and is choked by the water or dies of diphtheria [bisronekhi], which causes his breathing to become constricted. According to this, a murderer, whose verdict in court would be death by slaying, should not be bitten by a snake.

讗诪专讬 讛讛讜讗 讞讟讗 讗讞专讬转讬 讛讜讛 讘讬讛 讚讗诪专 诪专 诪讬 砖谞转讞讬讬讘 砖转讬 诪讬转讜转 讘讬转 讚讬谉 谞讬讚讜谉 讘讞诪讜专讛

The Sages say in explanation: That murderer had another sin for which he deserved execution by burning, and as the Master says: One who is found liable by the court to receive two types of court-imposed capital punishment is sentenced to the harsher of the two, and burning is considered a harsher death than slaying (see 50a).

诪讗讜诪讚 讜讻讜壮 讘讚讬谞讬 谞驻砖讜转 讛讜讗 讚诇讗 讗诪讚讬谞谉 讛讗 讘讚讬谞讬 诪诪讜谞讜转 讗诪讚讬谞谉 讻诪讗谉 讻专讘讬 讗讞讗 讚转谞讬讗 专讘讬 讗讞讗 讗讜诪专 讙诪诇 讛讗讜讞专 讘讬谉 讛讙诪诇讬诐 讜谞诪爪讗 讙诪诇 讛专讜讙 讘爪讬讚讜 讘讬讚讜注 砖讝讛 讛专讙讜

搂 The mishna teaches that in cases of capital law the court warns the witnesses not to testify based on conjecture. The Gemara comments: One can infer that it is only in cases of capital law that we do not rule based on conjecture, but in cases of monetary law, we do rule based on conjecture. In accordance with whose opinion is the mishna taught? It is in accordance with the opinion of Rabbi A岣. As it is taught in a baraita (Tosefta, Bava Kamma 3:6) that Rabbi A岣 says: If there was a rutting male camel that was rampaging among other camels, and then a camel was found killed at its side, it is evident that this rampaging camel killed it, and the owner must pay for the damage caused. The baraita indicates that Rabbi A岣 rules that cases of monetary law are decided based on conjecture.

讜诇讬讟注诪讬讱 注讚 诪驻讬 注讚 讚拽转谞讬 讘讚讬谞讬 谞驻砖讜转 讛讜讗 讚诇讗 讗诪专讬谞谉 讛讗 讘讚讬谞讬 诪诪讜谞讜转 讗诪专讬谞谉 讜讛转谞谉 讗诐 讗诪专 壮讛讜讗 讗诪专 诇讬 砖讗谞讬 讞讬讬讘 诇讜壮 壮讗讬砖 驻诇讜谞讬 讗诪专 诇讬 砖讛讜讗 讞讬讬讘 诇讜壮 诇讗 讗诪专 讻诇讜诐 注讚 砖讬讗诪专 壮讘驻谞讬谞讜 讛讜讚讛 诇讜 砖讛讜讗 讞讬讬讘 诇讜 诪讗转讬诐 讝讜讝壮

The Gemara asks: But according to your reasoning, with regard to that which the mishna teaches, that the court warns the witnesses not to provide testimony based on hearsay, should one infer that it is in cases of capital law that we do not say that testimony based on hearsay is allowed, but in cases of monetary law, we do say that testimony based on hearsay is allowed? But didn鈥檛 we learn in a mishna (29a): If the witness said: The defendant said to me: It is true that I owe the plaintiff, or if he says: So-and-so said to me that the defendant owes the plaintiff, the witness has said nothing, i.e., his testimony is disregarded. These two statements by witnesses are examples of testimony based on hearsay, yet they are not valid in cases of monetary law. A witness鈥檚 testimony is not valid testimony unless he says, for example: The defendant admitted in our presence to the plaintiff that he owes him two hundred dinars, as by admitting the debt in the presence of witnesses he rendered himself liable to pay the amount that he mentioned.

讗诇诪讗 讗祝 注诇 讙讘 讚驻住讬诇讬 讘讚讬谞讬 诪诪讜谞讜转 讗诪专讬谞谉 诇讛讜 讘讚讬谞讬 谞驻砖讜转 讛讻讗 谞诪讬 讗祝 注诇 讙讘 讚驻住讬诇讬 讘讚讬谞讬 诪诪讜谞讜转 讗诪专讬谞谉 诇讛讜 讘讚讬谞讬 谞驻砖讜转

Evidently, although testimony based on hearsay is invalid in cases of monetary law, we tell the witnesses to be aware of this in capital law. Here, too, with regard to testimony based on conjecture, one can say that although testimony based on conjecture is invalid in cases of monetary law, we tell the witnesses to be aware of this in cases of capital law.

讛讜讜 讬讜讚注讬诐 讻讜壮 讗诪专 专讘 讬讛讜讚讛 讘专讬讛 讚专讘讬 讞讬讬讗 诪诇诪讚 砖注砖讛 拽讬谉 讘讛讘诇 讗讞讬讜 讞讘讜专讜转 讞讘讜专讜转 驻爪讬注讜转 驻爪讬注讜转 砖诇讗 讛讬讛 讬讜讚注 诪讛讬讻谉 谞砖诪讛 讬讜爪讗讛 注讚 砖讛讙讬注 诇爪讜讗专讜

搂 The mishna teaches that the court would say: You should know that cases of capital law are not like cases of monetary law, and would reference the murder of Abel by Cain. Rav Yehuda, son of Rabbi 岣yya, says: By employing the plural term for blood, 鈥淭he voice of your brother鈥檚 blood [demei] cries out to Me from the ground鈥 (Genesis 4:10), the verse teaches that Cain caused multiple wounds and multiple injuries to his brother Abel. As Cain did not know from where the soul departs, he struck him multiple times. This continued until he came to his neck and struck him there, whereupon Abel died.

讜讗诪专 专讘 讬讛讜讚讛 讘专讬讛 讚专讘讬 讞讬讬讗 诪讬讜诐 砖驻转讞讛 讛讗专抓 讗转 驻讬讛 讜拽讬讘诇转讜 诇讚诪讜 砖诇 讛讘诇 砖讜讘 诇讗 驻转讞讛 砖谞讗诪专 诪讻谞祝 讛讗专抓 讝诪专转 砖诪注谞讜 爪讘讬 诇爪讚讬拽 诪讻谞祝 讛讗专抓 讜诇讗 诪驻讬 讛讗专抓 讗讬转讬讘讬讛 讞讝拽讬讛 讗讞讬讜 讜转驻转讞 讛讗专抓 讗转 驻讬讛 讗诪专 诇讬讛 诇专注讛 驻转讞讛 诇讟讜讘讛 诇讗 驻转讞讛

And Rav Yehuda, son of Rabbi 岣yya, says: From the day the earth opened its mouth and received the blood of Abel, its mouth has not opened again, as it is stated: 鈥淔rom the corner of the earth have we heard songs: Glory to the righteous鈥 (Isaiah 24:16): One can infer that the songs are heard 鈥渇rom the corner of the earth,鈥 but not from the mouth of the earth, as the earth never again opened its mouth. 岣zkiyya, Rav Yehuda鈥檚 brother, raised an objection to Rav Yehuda, son of Rabbi 岣yya: The verse states concerning Korah and his assembly: 鈥淎nd the earth opened her mouth and swallowed them up, and their households, and all the men that appertained unto Korah, and all their goods鈥 (Numbers 16:32). Rav Yehuda, son of Rabbi 岣yya, said to him: It opened again for a deleterious purpose; it did not open again for a constructive purpose.

讜讗诪专 专讘 讬讛讜讚讛 讘专讬讛 讚专讘讬 讞讬讬讗 讙诇讜转 诪讻驻专转 注讜谉 诪讞爪讛 诪注讬拽专讗 讻转讬讘 讜讛讬讬转讬 谞注 讜谞讚 讜诇讘住讜祝 讻转讬讘 讜讬砖讘 讘讗专抓 谞讜讚

And Rav Yehuda, son of Rabbi 岣yya, says: Exile atones for half of a sin. As initially it is written in the verse concerning Cain that he said: 鈥淎nd I shall be a fugitive [na] and a wanderer [vanad ] in the earth鈥 (Genesis 4:14), and ultimately it is written: 鈥淎nd Cain went out from the presence of the Lord, and dwelt in the land of Nod鈥 (Genesis 4:16). Rav Yehuda, son of Rabbi 岣yya, equates 鈥淣od鈥 with 鈥nad,鈥 and understands that Cain was given only the punishment of being a wanderer. Exile atoned for half his sin, thereby negating the punishment of being a fugitive.

讗诪专 专讘 讬讛讜讚讛 讙诇讜转 诪讻驻专转 砖诇砖讛 讚讘专讬诐 砖谞讗诪专 讻讛 讗诪专 讛壮 讜讙讜壮 讛讬砖讘 讘注讬专 讛讝讗转 讬诪讜转 讘讞专讘 讘专注讘 讜讘讚讘专 讜讛讬讜爪讗 讜谞驻诇 (讗诇) [注诇] 讛讻砖讚讬诐 讛爪专讬诐 注诇讬讻诐 讜讞讬讛 讜讛讬转讛 诇讜 谞驻砖讜 诇砖诇诇

Rav Yehuda says: Exile atones for three matters, i.e., three types of death, as it is stated: 鈥淪o says the Lord: Behold, I set before you the way of life and the way of death. He that abides in this city shall die by the sword, and by the famine, and by the pestilence; but he that goes out, and falls away to the Chaldeans that besiege you, he shall survive, and his life shall be for him for a prey鈥 (Jeremiah 21:8鈥9), indicating that exile from Jerusalem will save one from those three deaths.

专讘讬 讬讜讞谞谉 讗诪专 讙诇讜转 诪讻驻专转 注诇 讛讻诇 砖谞讗诪专 讻讛 讗诪专 讛壮 讻转讘讜 讗转 讛讗讬砖 讛讝讛 注专讬专讬 讙讘专 诇讗 讬爪诇讞 讘讬诪讬讜 讻讬 诇讗 讬爪诇讞 诪讝专注讜 讗讬砖 讬砖讘 注诇 讻住讗 讚讜讚 讜诪砖诇 注讜讚 讘讬讛讜讚讛 讜讘转专 讚讙诇讛 讻转讬讘 讜讘谞讬 讬讻谞讬讛 讗住专 (讘谞讜) 砖诇转讬讗诇 讘谞讜 讗住专 砖注讬讘专转讜 讗诪讜 讘讘讬转 讛讗住讜专讬谉 砖诇转讬讗诇 砖砖转诇讜 讗诇 砖诇讗 讻讚专讱 讛谞砖转诇讬谉 讙诪讬专讬 砖讗讬谉 讛讗砖讛 诪转注讘专转 诪注讜诪讚

Rabbi Yo岣nan says: Exile atones for all transgressions and renders a sinner like a new person, as it is stated concerning the king Jeconiah, a descendant of King David: 鈥淪o says the Lord: Write you this man childless, a man that shall not prosper in his days; for no man of his seed shall prosper, sitting upon the throne of David, and ruling anymore in Judah鈥 (Jeremiah 22:30). And after Jeconiah was exiled it is written: 鈥淎nd the sons of Jeconiah, the same is Assir, Shealtiel his son鈥 (I聽Chronicles 3:17). The verse employs the plural 鈥渟ons of鈥 although he had only one son, Shealtiel. 鈥淎ssir,鈥 literally, prisoner, teaches that his mother conceived him in prison. 鈥淪healtiel,鈥 literally, planted by God, teaches that God planted him in a way atypical of most plants [hanishtalin], i.e., people. It is learned as a tradition that a woman does not conceive when she is standing during sexual intercourse,

  • This month's learning is sponsored by Joanna Rom and Steven Goldberg in loving memory of Steve's mother Shirley "Nana" Goldberg (Sura Tema bat Chaim v'Hanka)

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Sanhedrin 37

The William Davidson Talmud | Powered by Sefaria

Sanhedrin 37

讜砖诇砖 砖讜专讜转 砖诇 转诇诪讬讚讬 讞讻诪讬诐 讬讜砖讘讬谉 诇驻谞讬讛谉 讻诇 讗讞讚 讜讗讞讚 诪讻讬专 讗转 诪拽讜诪讜 讛讜爪专讻讜 诇住诪讜讱 住讜诪讻讬谉 诪谉 讛专讗砖讜谞讛 讗讞讚 诪谉 讛砖谞讬讛 讘讗 诇讜 诇专讗砖讜谞讛 讗讞讚 诪谉 讛砖诇讬砖讬转 讘讗 诇讜 诇砖谞讬讛 讘讜专专讬诐 诇讛谉 注讜讚 讗讞讚 诪谉 讛拽讛诇 讜诪讜砖讬讘讬谉 讗讜转讜 讘砖诇讬砖讬转 讜诇讗 讛讬讛 讬讜砖讘 讘诪拽讜诪讜 砖诇 专讗砖讜谉 讗诇讗 讬讜砖讘 讘诪拽讜诐 讛专讗讜讬 诇讜

And three rows of Torah scholars sit before the judges, and each and every one among those sitting recognizes his place, i.e., they are seated in accordance with their stature. When the court must ordain an additional judge, e.g., if a judge dies during the proceedings or in the case of a court without a decisive majority (see 40a), the court ordains the greatest Torah scholar from the first row. As a seat in the first row is now vacant, one Torah scholar from the second row comes to the first row, and one Torah scholar from the third row comes to the second row, and the court selects another Torah scholar from among the assembled and they seat him in the third row. And this Torah scholar who moves from the second row to the first row would not sit in the place of the first Torah scholar, who joined the court, rather, he would sit in the place appropriate for him, i.e., at the end of that row, in accordance with his stature.

讙诪壮 诪谞讗 讛谞讬 诪讬诇讬 讗诪专 专讘讬 讗讞讗 讘专 讞谞讬谞讗 讚讗诪专 拽专讗 砖专专讱 讗讙谉 讛住讛专 讗诇 讬讞住专 讛诪讝讙 讜讙讜壮

GEMARA: The mishna teaches that the Sanhedrin would sit in a semicircle. The Gemara asks: From where are these matters derived? Rabbi A岣 bar 岣nina says: As the verse states: 鈥淵our navel is like a round goblet, let no mingled wine be wanting; your belly is like a heap of wheat set about with lilies鈥 (Song of Songs 7:3).

砖专专讱 讝讜 住谞讛讚专讬谉 诇诪讛 谞拽专讗 砖诪讛 砖专专讱 砖讛讬讗 讬讜砖讘转 讘讟讬讘讜专讜 砖诇 注讜诇诐 讗讙谉 砖讛讬讗 诪讙讬谞讛 注诇 讻诇 讛注讜诇诐 讻讜诇讜 讛住讛专 砖讛讬讗 讚讜诪讛 诇住讛专

This verse is interpreted as referring to the members of the Sanhedrin, who sit in a semicircle. 鈥淵our navel鈥; this is an allusion to the Sanhedrin. And why is it called by way of allusion 鈥測our navel鈥? It is because it sits in the navel of the world, in the Temple. 鈥淕oblet [aggan]鈥; this teaches that the Sanhedrin protects [meginna] the entire world with its merit. 鈥淩ound [hassahar]鈥; this teaches that the Sanhedrin is similar to the moon [sahar]. The court sits in a semicircle, like the shape of the moon.

讗诇 讬讞住专 讛诪讝讙 砖讗诐 讛讜爪专讱 讗讞讚 诪讛诐 诇爪讗转 专讜讗讬谉 讗诐 讬砖 注砖专讬诐 讜砖诇砖讛 讻谞讙讚 住谞讛讚专讬 拽讟谞讛 讬讜爪讗 讜讗诐 诇讗讜 讗讬谞讜 讬讜爪讗

鈥淟et no mingled wine be wanting鈥; this compares the Sanhedrin to wine mixed with water, which typically involved mixing two parts water with one part wine. This teaches that if one member of the Great Sanhedrin needed to leave, they see: If there are still present in the Chamber of Hewn Stone twenty-three members, i.e., a third of the judges, corresponding to the number of a lesser Sanhedrin, he may leave, but if not, he may not leave.

讘讟谞讱 注专诪转 讞讟讬诐 诪讛 注专讬诪转 讞讟讬诐 讛讻诇 谞讛谞讬谉 诪诪谞讛 讗祝 住谞讛讚专讬谉 讛讻诇 谞讛谞讬谉 诪讟注诪讬讛谉 住讜讙讛 讘砖讜砖谞讬诐 砖讗驻讬诇讜 讻住讜讙讛 砖诇 砖讜砖谞讬诐 诇讗 讬驻专爪讜 讘讛谉 驻专爪讜转

The phrase 鈥測our belly is like a heap of wheat鈥 teaches that just as with regard to a heap of wheat, all derive benefit from it, so too, with regard to the Sanhedrin, all derive benefit from their explanations of the Torah. The phrase 鈥渟et about with lilies鈥 is said in praise of the Jewish people, as they do not breach even a fence made of lilies, since the Jewish people observe both Torah law as well as rabbinic ordinances and decrees.

讜讛讬讬谞讜 讚讗诪专 诇讬讛 讛讛讜讗 诪讬谞讗 诇专讘 讻讛谞讗 讗诪专讬转讜 谞讚讛 砖专讬 诇讬讬讞讜讚讬 讘讛讚讬 讙讘专讗 讗驻砖专 讗砖 讘谞注讜专转 讜讗讬谞讛 诪讛讘讛讘转 讗诪专 诇讬讛 讛转讜专讛 讛注讬讚讛 注诇讬谞讜 住讜讙讛 讘砖讜砖谞讬诐 砖讗驻讬诇讜 讻住讜讙讛 讘砖讜砖谞讬诐 诇讗 讬驻专爪讜 讘讛谉 驻专爪讜转

And this is like an incident involving Rav Kahana, as a certain heretic said to Rav Kahana: You say that it is permitted for a menstruating woman to seclude herself with a man, i.e., her husband. Is it possible to set fire to chips of kindling and not have them blaze and burn? How can the couple be relied upon not to engage in sexual intercourse? Rav Kahana said to him: The Torah testifies concerning us that we are 鈥渟et about with lilies,鈥 as the Jewish people do not breach even a fence made of lilies.

专讬砖 诇拽讬砖 讗诪专 诪讛讻讗 讻驻诇讞 讛专诪讜谉 专拽转讱 讗驻讬诇讜 专讬拽谞讬谉 砖讘讱 诪诇讗讬谉 诪爪讜转 讻专诪讜谉 专讘讬 讝讬专讗 讗诪专 诪讛讻讗 讜讬专讞 讗转 专讬讞 讘讙讚讬讜 讗诇 转讬拽专讬 讘讙讚讬讜 讗诇讗 讘讜讙讚讬讜

Reish Lakish says that the source to rely on them not to transgress is from here: 鈥淵our temples [rakkatekh] are like a pomegranate split open鈥 (Song of Songs 6:7), which teaches that even the empty people [reikanin] among you are as full of mitzvot as the pomegranate is full of seeds. Rabbi Zeira says that the source is from here: The verse states concerning the occasion when Isaac blessed Jacob: 鈥淎nd he smelled the smell of his garments, and blessed him, and said: See, the smell of my son is as the smell of a field that the Lord has blessed鈥 (Genesis 27:27). Do not read 鈥渉is garments [begadav]鈥; rather, read: His traitors [bogedav], meaning that even traitors and sinners among the Jewish people have qualities 鈥渁s the smell of a field that the Lord has blessed.鈥

讛谞讛讜 讘专讬讜谞讬 讚讛讜讛 讘砖讬讘讘讜转讬讛 讚专讘讬 讝讬专讗 讚讛讜讛 诪拽专讘 诇讛讜 讻讬 讛讬讻讬 讚谞讬讛讚专讜 诇讛讜 讘转讬讜讘转讗 讜讛讜讜 拽驻讚讬 专讘谞谉 讻讬 谞讞 谞驻砖讬讛 讚专讘讬 讝讬专讗 讗诪专讬 注讚 讛讗讬讚谞讗 讛讜讛 讞专讬讻讗 拽讟讬谉 砖拽讬讛 讚讛讜讛 讘注讬 注诇谉 专讞诪讬 讛砖转讗 诪讗谉 讘注讬 注诇谉 专讞诪讬 讛专讛专讜 讘诇讘讬讬讛讜 讜注讘讚讜 转砖讜讘讛

The Gemara relates: There were certain hooligans [biryonei] who were living in the neighborhood of Rabbi Zeira. He brought them close, i.e., treated them with friendship, in order to cause them to repent of their sins, but the other Sages disapproved of his actions. When Rabbi Zeira died, those hooligans said: Until now, there was the short one with singed legs, i.e., Rabbi Zeira, who would pray for compassion for us. Who will pray for compassion for us now? They thought about this in their hearts and repented. Ultimately, Rabbi Zeira鈥檚 actions were proven correct, as they repented.

砖诇砖 砖讜专讜转 讻讜壮 讗诪专 讗讘讬讬 砖诪注 诪讬谞讛 讻讬 谞讬讬讚讬 讻讜诇讛讜 谞讬讬讚讬 讜诇讬诪讗 诇讛讜 注讚 讛讗讬讚谞讗 讛讜讛 讬转讬讘谞讗 讘专讬砖讗 讛砖转讗 诪讜转讘讬转讜 诇讬 讘讚谞讘讬 讗诪专 讗讘讬讬 讚讗诪专讬 诇讬讛 讛讻讬 讛讜讬 讝谞讘 诇讗专讬讜转 讜讗诇 转讛讬 专讗砖 诇砖讜注诇讬诐

搂 The mishna teaches that there are three rows of Torah scholars who sit before the court, and if one of the Torah scholars from the first row is elevated to a place on the court, the Torah scholar in the first position of the second row moves to the final position of the first row. Abaye says: Learn from the mishna that when they move, i.e., when the Torah scholars need to move as a result of one of them being elevated to the court, they all move. The Gemara inquires: But let the one being moved from the first position of the second row to the last position of the first row say to the court: Until now I was sitting at the head of the row, but now you are seating me at the tail, i.e., the end, of a row. Abaye says in explanation: That is not a valid claim, as the court can say this to him: Be a tail to the lions and do not be a head to the foxes (Avot 4:15), meaning that it is preferable to be the least among great people than the greatest among lesser people.

诪转谞讬壮 讻讬爪讚 诪讗讬讬诪讬谉 讗转 讛注讚讬诐 注诇 注讬讚讬 谞驻砖讜转 讛讬讜 诪讻谞讬住讬谉 讗讜转谉 讜诪讗讬讬诪讬谉 注诇讬讛谉 砖诪讗 转讗诪专讜 诪讗讜诪讚 讜诪砖诪讜注讛 注讚 诪驻讬 注讚 讜诪驻讬 讗讚诐 谞讗诪谉 砖诪讗 讗讬 讗转诐 讬讜讚注讬谉 砖住讜驻谞讜 诇讘讚讜拽 讗转讻诐 讘讚专讬砖讛 讜讘讞拽讬专讛

MISHNA: How does the court intimidate the witnesses in giving testimony for cases of capital law? They would bring the witnesses in and intimidate them by saying to them: Perhaps what you say in your testimony is based on conjecture, or perhaps it is based on a rumor, perhaps it is testimony based on hearsay, e.g., you heard a witness testify to this in a different court, or perhaps it is based on the statement of a trusted person. Perhaps you do not know that ultimately we examine you with inquiry and interrogation, and if you are lying, your lie will be discovered.

讛讜讜 讬讜讚注讬谉 砖诇讗 讻讚讬谞讬 诪诪讜谞讜转 讚讬谞讬 谞驻砖讜转 讚讬谞讬 诪诪讜谞讜转 讗讚诐 谞讜转谉 诪诪讜谉 讜诪转讻驻专 诇讜 讚讬谞讬 谞驻砖讜转 讚诪讜 讜讚诐 讝专注讜转讬讜 转诇讜讬讬谉 讘讜 注讚 住讜祝 讛注讜诇诐

The court tells them: You should know that cases of capital law are not like cases of monetary law. In cases of monetary law, a person who testifies falsely, causing money to be given to the wrong party, can give the money to the proper owner and his sin is atoned for. In cases of capital law, if one testifies falsely, the blood of the accused and the blood of his offspring that he did not merit to produce are ascribed to the witness鈥檚 testimony until eternity.

砖讻谉 诪爪讬谞讜 讘拽讬谉 砖讛专讙 讗转 讗讞讬讜 砖谞讗诪专 讚诪讬 讗讞讬讱 爪注拽讬诐 讗讬谞讜 讗讜诪专 讚诐 讗讞讬讱 讗诇讗 讚诪讬 讗讞讬讱 讚诪讜 讜讚诐 讝专注讜转讬讜 讚讘专 讗讞专 讚诪讬 讗讞讬讱 砖讛讬讛 讚诪讜 诪讜砖诇讱 注诇 讛注爪讬诐 讜注诇 讛讗讘谞讬诐

The proof for this is as we found with Cain, who killed his brother, as it is stated concerning him: 鈥淭he voice of your brother鈥檚 blood [demei] cries out to Me from the ground鈥 (Genesis 4:10). The verse does not state: Your brother鈥檚 blood [dam], in the singular, but rather: 鈥淵our brother鈥檚 blood [demei],鈥 in the plural. This serves to teach that the loss of both his brother鈥檚 blood and the blood of his brother鈥檚 offspring are ascribed to Cain. The mishna notes: Alternatively, the phrase 鈥測our brother鈥檚 blood [demei],鈥 written in the plural, teaches that that his blood was not gathered in one place but was splattered on the trees and on the stones.

诇驻讬讻讱 谞讘专讗 讗讚诐 讬讞讬讚讬 诇诇诪讚讱 砖讻诇 讛诪讗讘讚 谞驻砖 讗讞转 诪讬砖专讗诇 诪注诇讛 注诇讬讜 讛讻转讜讘 讻讗讬诇讜 讗讬讘讚 注讜诇诐 诪诇讗 讜讻诇 讛诪拽讬讬诐 谞驻砖 讗讞转 诪讬砖专讗诇 诪注诇讛 注诇讬讜 讛讻转讜讘 讻讗讬诇讜 拽讬讬诐 注讜诇诐 诪诇讗

The court tells the witnesses: Therefore, Adam the first man was created alone, to teach you that with regard to anyone who destroys one soul from the Jewish people, i.e., kills one Jew, the verse ascribes him blame as if he destroyed an entire world, as Adam was one person, from whom the population of an entire world came forth. And conversely, anyone who sustains one soul from the Jewish people, the verse ascribes him credit as if he sustained an entire world.

讜诪驻谞讬 砖诇讜诐 讛讘专讬讜转 砖诇讗 讬讗诪专 讗讚诐 诇讞讘讬专讜 讗讘讗 讙讚讜诇 诪讗讘讬讱 讜砖诇讗 讬讛讜 讛诪讬谞讬诐 讗讜诪专讬诐 讛专讘讛 专砖讜讬讜转 讘砖诪讬诐

The mishna cites another reason Adam the first man was created alone: And this was done due to the importance of maintaining peace among people, so that one person will not say to another: My father, i.e., progenitor, is greater than your father. And it was also so that the heretics who believe in multiple gods will not say: There are many authorities in Heaven, and each created a different person.

讜诇讛讙讬讚 讙讚讜诇转讜 砖诇 讛拽讚讜砖 讘专讜讱 讛讜讗 砖讗讚诐 讟讜讘注 讻诪讛 诪讟讘注讜转 讘讞讜转诐 讗讞讚 讻讜诇谉 讚讜诪讬谉 讝讛 诇讝讛 讜诪诇讱 诪诇讻讬 讛诪诇讻讬诐 讛拽讚讜砖 讘专讜讱 讛讜讗 讟讘注 讻诇 讗讚诐 讘讞讜转诪讜 砖诇 讗讚诐 讛专讗砖讜谉 讜讗讬谉 讗讞讚 诪讛谉 讚讜诪讛 诇讞讘讬专讜 诇驻讬讻讱 讻诇 讗讞讚 讜讗讞讚 讞讬讬讘 诇讜诪专 讘砖讘讬诇讬 谞讘专讗 讛注讜诇诐

And this serves to tell of the greatness of the Holy One, Blessed be He, as when a person stamps several coins with one seal, they are all similar to each other. But the supreme King of kings, the Holy One, Blessed be He, stamped all people with the seal of Adam the first man, as all of them are his offspring, and not one of them is similar to another. Therefore, since all humanity descends from one person, each and every person is obligated to say: The world was created for me, as one person can be the source of all humanity, and recognize the significance of his actions.

讜砖诪讗 转讗诪专讜

The court says to the witnesses: And perhaps you will say:

诪讛 诇谞讜 讜诇爪专讛 讛讝讗转 讜讛诇讗 讻讘专 谞讗诪专 讜讛讜讗 注讚 讗讜 专讗讛 讗讜 讬讚注 讗诐 诇讜讗 讬讙讬讚 讜讙讜壮 讜砖诪讗 转讗诪专讜 诪讛 诇谞讜 诇讞讜讘 讘讚诪讜 砖诇 讝讛 讜讛诇讗 讻讘专 谞讗诪专 讘讗讘讚 专砖注讬诐 专谞讛

Why would we want this trouble? Perhaps it would be better not to testify at all. But be aware, as is it not already stated: 鈥淎nd he being a witness, whether he has seen or known, if he does not utter it, then he shall bear his iniquity鈥 (Leviticus 5:1)? It is a transgression not to testify when one can do so. And perhaps you will say: Why would we want to be responsible for the blood of this person? But be aware, as is it not already stated: 鈥淲hen the wicked perish, there is song鈥 (Proverbs 11:10)?

讙诪壮 转谞讜 专讘谞谉 讻讬爪讚 诪讗讜诪讚 讗讜诪专 诇讛谉 壮砖诪讗 讻讱 专讗讬转诐 砖专抓 讗讞专 讞讘讬专讜 诇讞讜专讘讛 讜专爪转诐 讗讞专讬讜 讜诪爪讗转诐 住讬讬祝 讘讬讚讜 讜讚诪讜 诪讟驻讟祝 讜讛专讜讙 诪驻专驻专 讗诐 讻讱 专讗讬转诐 诇讗 专讗讬转诐 讻诇讜诐壮

GEMARA: The Sages taught in a baraita: How does the court describe testimony based on conjecture? The court says to the witnesses: Perhaps you saw this man about whom you are testifying pursuing another into a ruin, and you pursued him and found a sword in his hand, dripping with blood, and the one who was ultimately killed was convulsing. If you saw only this, it is as if you saw nothing, and you cannot testify to the murder.

转谞讬讗 讗诪专 专讘讬 砖诪注讜谉 讘谉 砖讟讞 讗专讗讛 讘谞讞诪讛 讗诐 诇讗 专讗讬转讬 讗讞讚 砖专抓 讗讞专 讞讘讬专讜 诇讞讜专讘讛 讜专爪转讬 讗讞专讬讜 讜专讗讬转讬 住讬讬祝 讘讬讚讜 讜讚诪讜 诪讟驻讟祝 讜讛专讜讙 诪驻专驻专 讜讗诪专转讬 诇讜 专砖注 诪讬 讛专讙讜 诇讝讛 讗讜 讗谞讬 讗讜 讗转讛 讗讘诇 诪讛 讗注砖讛 砖讗讬谉 讚诪讱 诪住讜专 讘讬讚讬 砖讛专讬 讗诪专讛 转讜专讛 壮注诇 驻讬 砖谞讬诐 注讚讬诐 讬讜诪转 讛诪转 讛讬讜讚注 诪讞砖讘讜转 讬驻专注 诪讗讜转讜 讛讗讬砖 砖讛专讙 讗转 讞讘讬专讜壮 讗诪专讜 诇讗 讝讝讜 诪砖诐 注讚 砖讘讗 谞讞砖 讜讛讻讬砖讜 讜诪转

It is taught in a baraita that Rabbi Shimon ben Shata岣 said as an oath: I will not see the consolation of Israel if I did not once see one person pursue another into a ruin, and I pursued him and saw a sword in his hand, dripping with blood, and the one who was ultimately killed was convulsing. And I said to him: Wicked person, who has killed this man? Either you or I. But what can I do, since your blood is not given over to me, as the Torah states: 鈥淎t the mouth of two witnesses, or three witnesses, shall he that is to die be put to death鈥 (Deuteronomy 17:6), and I did not witness you killing him. The One Who knows one鈥檚 thoughts shall punish this man who killed another. The Sages said: They did not move from there before a snake came and bit the murderer, and he died.

讜讛讗讬 讘专 谞讞砖 讛讜讗 讜讛讗诪专 专讘 讬讜住祝 讜讻谉 转谞讬 讚讘讬 讞讝拽讬讛 诪讬讜诐 砖讞专讘 讘讬转 讛诪拽讚砖 讗祝 注诇 驻讬 砖讘讟诇讛 住谞讛讚专讬 讗专讘注 诪讬转讜转 诇讗 讘讟诇讜 诇讗 讘讟诇讜 讜讛讗 讘讟诇讜 讗诇讗 讚讬谉 讗专讘注 诪讬转讜转 诇讗 讘讟诇讜

The Gemara questions this account: But was this murderer fit to die by being bitten by a snake? But doesn鈥檛 Rav Yosef say, and so the school of 岣zkiyya also taught: From the day that the Temple was destroyed, although the Sanhedrin ceased to be extant, the four types of court-imposed capital punishment have not ceased. The Gemara asks: Have they really not ceased? But they have ceased, as court-imposed capital punishment is no longer given. Rather, the intention is that the halakha of the four types of court-imposed capital punishment has not ceased to be applicable.

诪讬 砖谞转讞讬讬讘 住拽讬诇讛 讗讜 谞讜驻诇 诪谉 讛讙讙 讗讜 讞讬讛 讚讜专住转讜 诪讬 砖谞转讞讬讬讘 砖专讬驻讛 讗讜 谞讜驻诇 讘讚诇讬拽讛 讗讜 谞讞砖 诪讻讬砖讜 诪讬 砖谞转讞讬讬讘 讛专讬讙讛 讗讜 谞诪住专 诇诪诇讻讜转 讗讜 诇讬住讟讬谉 讘讗讬谉 注诇讬讜 诪讬 砖谞转讞讬讬讘 讞谞拽 讗讜 讟讜讘注 讘谞讛专 讗讜 诪转 讘住专讜谞讻讬

The Gemara explains: How so? For one who would be liable to be executed by stoning, either he falls from a roof or an animal mauls him and breaks his bones. This death is similar to death by stoning, in which the one liable to be executed is pushed from a platform and his bones break from the impact of the fall. For one who would be liable to be executed by burning, either he falls into a fire and is burned or a snake bites him, as a snakebite causes a burning sensation. For one who would be liable to be executed by slaying through decapitation by the sword, either he is turned over to the authorities and they execute him with a sword, or robbers come upon him and murder him. One who would be liable to be executed by strangling either drowns in a river and is choked by the water or dies of diphtheria [bisronekhi], which causes his breathing to become constricted. According to this, a murderer, whose verdict in court would be death by slaying, should not be bitten by a snake.

讗诪专讬 讛讛讜讗 讞讟讗 讗讞专讬转讬 讛讜讛 讘讬讛 讚讗诪专 诪专 诪讬 砖谞转讞讬讬讘 砖转讬 诪讬转讜转 讘讬转 讚讬谉 谞讬讚讜谉 讘讞诪讜专讛

The Sages say in explanation: That murderer had another sin for which he deserved execution by burning, and as the Master says: One who is found liable by the court to receive two types of court-imposed capital punishment is sentenced to the harsher of the two, and burning is considered a harsher death than slaying (see 50a).

诪讗讜诪讚 讜讻讜壮 讘讚讬谞讬 谞驻砖讜转 讛讜讗 讚诇讗 讗诪讚讬谞谉 讛讗 讘讚讬谞讬 诪诪讜谞讜转 讗诪讚讬谞谉 讻诪讗谉 讻专讘讬 讗讞讗 讚转谞讬讗 专讘讬 讗讞讗 讗讜诪专 讙诪诇 讛讗讜讞专 讘讬谉 讛讙诪诇讬诐 讜谞诪爪讗 讙诪诇 讛专讜讙 讘爪讬讚讜 讘讬讚讜注 砖讝讛 讛专讙讜

搂 The mishna teaches that in cases of capital law the court warns the witnesses not to testify based on conjecture. The Gemara comments: One can infer that it is only in cases of capital law that we do not rule based on conjecture, but in cases of monetary law, we do rule based on conjecture. In accordance with whose opinion is the mishna taught? It is in accordance with the opinion of Rabbi A岣. As it is taught in a baraita (Tosefta, Bava Kamma 3:6) that Rabbi A岣 says: If there was a rutting male camel that was rampaging among other camels, and then a camel was found killed at its side, it is evident that this rampaging camel killed it, and the owner must pay for the damage caused. The baraita indicates that Rabbi A岣 rules that cases of monetary law are decided based on conjecture.

讜诇讬讟注诪讬讱 注讚 诪驻讬 注讚 讚拽转谞讬 讘讚讬谞讬 谞驻砖讜转 讛讜讗 讚诇讗 讗诪专讬谞谉 讛讗 讘讚讬谞讬 诪诪讜谞讜转 讗诪专讬谞谉 讜讛转谞谉 讗诐 讗诪专 壮讛讜讗 讗诪专 诇讬 砖讗谞讬 讞讬讬讘 诇讜壮 壮讗讬砖 驻诇讜谞讬 讗诪专 诇讬 砖讛讜讗 讞讬讬讘 诇讜壮 诇讗 讗诪专 讻诇讜诐 注讚 砖讬讗诪专 壮讘驻谞讬谞讜 讛讜讚讛 诇讜 砖讛讜讗 讞讬讬讘 诇讜 诪讗转讬诐 讝讜讝壮

The Gemara asks: But according to your reasoning, with regard to that which the mishna teaches, that the court warns the witnesses not to provide testimony based on hearsay, should one infer that it is in cases of capital law that we do not say that testimony based on hearsay is allowed, but in cases of monetary law, we do say that testimony based on hearsay is allowed? But didn鈥檛 we learn in a mishna (29a): If the witness said: The defendant said to me: It is true that I owe the plaintiff, or if he says: So-and-so said to me that the defendant owes the plaintiff, the witness has said nothing, i.e., his testimony is disregarded. These two statements by witnesses are examples of testimony based on hearsay, yet they are not valid in cases of monetary law. A witness鈥檚 testimony is not valid testimony unless he says, for example: The defendant admitted in our presence to the plaintiff that he owes him two hundred dinars, as by admitting the debt in the presence of witnesses he rendered himself liable to pay the amount that he mentioned.

讗诇诪讗 讗祝 注诇 讙讘 讚驻住讬诇讬 讘讚讬谞讬 诪诪讜谞讜转 讗诪专讬谞谉 诇讛讜 讘讚讬谞讬 谞驻砖讜转 讛讻讗 谞诪讬 讗祝 注诇 讙讘 讚驻住讬诇讬 讘讚讬谞讬 诪诪讜谞讜转 讗诪专讬谞谉 诇讛讜 讘讚讬谞讬 谞驻砖讜转

Evidently, although testimony based on hearsay is invalid in cases of monetary law, we tell the witnesses to be aware of this in capital law. Here, too, with regard to testimony based on conjecture, one can say that although testimony based on conjecture is invalid in cases of monetary law, we tell the witnesses to be aware of this in cases of capital law.

讛讜讜 讬讜讚注讬诐 讻讜壮 讗诪专 专讘 讬讛讜讚讛 讘专讬讛 讚专讘讬 讞讬讬讗 诪诇诪讚 砖注砖讛 拽讬谉 讘讛讘诇 讗讞讬讜 讞讘讜专讜转 讞讘讜专讜转 驻爪讬注讜转 驻爪讬注讜转 砖诇讗 讛讬讛 讬讜讚注 诪讛讬讻谉 谞砖诪讛 讬讜爪讗讛 注讚 砖讛讙讬注 诇爪讜讗专讜

搂 The mishna teaches that the court would say: You should know that cases of capital law are not like cases of monetary law, and would reference the murder of Abel by Cain. Rav Yehuda, son of Rabbi 岣yya, says: By employing the plural term for blood, 鈥淭he voice of your brother鈥檚 blood [demei] cries out to Me from the ground鈥 (Genesis 4:10), the verse teaches that Cain caused multiple wounds and multiple injuries to his brother Abel. As Cain did not know from where the soul departs, he struck him multiple times. This continued until he came to his neck and struck him there, whereupon Abel died.

讜讗诪专 专讘 讬讛讜讚讛 讘专讬讛 讚专讘讬 讞讬讬讗 诪讬讜诐 砖驻转讞讛 讛讗专抓 讗转 驻讬讛 讜拽讬讘诇转讜 诇讚诪讜 砖诇 讛讘诇 砖讜讘 诇讗 驻转讞讛 砖谞讗诪专 诪讻谞祝 讛讗专抓 讝诪专转 砖诪注谞讜 爪讘讬 诇爪讚讬拽 诪讻谞祝 讛讗专抓 讜诇讗 诪驻讬 讛讗专抓 讗讬转讬讘讬讛 讞讝拽讬讛 讗讞讬讜 讜转驻转讞 讛讗专抓 讗转 驻讬讛 讗诪专 诇讬讛 诇专注讛 驻转讞讛 诇讟讜讘讛 诇讗 驻转讞讛

And Rav Yehuda, son of Rabbi 岣yya, says: From the day the earth opened its mouth and received the blood of Abel, its mouth has not opened again, as it is stated: 鈥淔rom the corner of the earth have we heard songs: Glory to the righteous鈥 (Isaiah 24:16): One can infer that the songs are heard 鈥渇rom the corner of the earth,鈥 but not from the mouth of the earth, as the earth never again opened its mouth. 岣zkiyya, Rav Yehuda鈥檚 brother, raised an objection to Rav Yehuda, son of Rabbi 岣yya: The verse states concerning Korah and his assembly: 鈥淎nd the earth opened her mouth and swallowed them up, and their households, and all the men that appertained unto Korah, and all their goods鈥 (Numbers 16:32). Rav Yehuda, son of Rabbi 岣yya, said to him: It opened again for a deleterious purpose; it did not open again for a constructive purpose.

讜讗诪专 专讘 讬讛讜讚讛 讘专讬讛 讚专讘讬 讞讬讬讗 讙诇讜转 诪讻驻专转 注讜谉 诪讞爪讛 诪注讬拽专讗 讻转讬讘 讜讛讬讬转讬 谞注 讜谞讚 讜诇讘住讜祝 讻转讬讘 讜讬砖讘 讘讗专抓 谞讜讚

And Rav Yehuda, son of Rabbi 岣yya, says: Exile atones for half of a sin. As initially it is written in the verse concerning Cain that he said: 鈥淎nd I shall be a fugitive [na] and a wanderer [vanad ] in the earth鈥 (Genesis 4:14), and ultimately it is written: 鈥淎nd Cain went out from the presence of the Lord, and dwelt in the land of Nod鈥 (Genesis 4:16). Rav Yehuda, son of Rabbi 岣yya, equates 鈥淣od鈥 with 鈥nad,鈥 and understands that Cain was given only the punishment of being a wanderer. Exile atoned for half his sin, thereby negating the punishment of being a fugitive.

讗诪专 专讘 讬讛讜讚讛 讙诇讜转 诪讻驻专转 砖诇砖讛 讚讘专讬诐 砖谞讗诪专 讻讛 讗诪专 讛壮 讜讙讜壮 讛讬砖讘 讘注讬专 讛讝讗转 讬诪讜转 讘讞专讘 讘专注讘 讜讘讚讘专 讜讛讬讜爪讗 讜谞驻诇 (讗诇) [注诇] 讛讻砖讚讬诐 讛爪专讬诐 注诇讬讻诐 讜讞讬讛 讜讛讬转讛 诇讜 谞驻砖讜 诇砖诇诇

Rav Yehuda says: Exile atones for three matters, i.e., three types of death, as it is stated: 鈥淪o says the Lord: Behold, I set before you the way of life and the way of death. He that abides in this city shall die by the sword, and by the famine, and by the pestilence; but he that goes out, and falls away to the Chaldeans that besiege you, he shall survive, and his life shall be for him for a prey鈥 (Jeremiah 21:8鈥9), indicating that exile from Jerusalem will save one from those three deaths.

专讘讬 讬讜讞谞谉 讗诪专 讙诇讜转 诪讻驻专转 注诇 讛讻诇 砖谞讗诪专 讻讛 讗诪专 讛壮 讻转讘讜 讗转 讛讗讬砖 讛讝讛 注专讬专讬 讙讘专 诇讗 讬爪诇讞 讘讬诪讬讜 讻讬 诇讗 讬爪诇讞 诪讝专注讜 讗讬砖 讬砖讘 注诇 讻住讗 讚讜讚 讜诪砖诇 注讜讚 讘讬讛讜讚讛 讜讘转专 讚讙诇讛 讻转讬讘 讜讘谞讬 讬讻谞讬讛 讗住专 (讘谞讜) 砖诇转讬讗诇 讘谞讜 讗住专 砖注讬讘专转讜 讗诪讜 讘讘讬转 讛讗住讜专讬谉 砖诇转讬讗诇 砖砖转诇讜 讗诇 砖诇讗 讻讚专讱 讛谞砖转诇讬谉 讙诪讬专讬 砖讗讬谉 讛讗砖讛 诪转注讘专转 诪注讜诪讚

Rabbi Yo岣nan says: Exile atones for all transgressions and renders a sinner like a new person, as it is stated concerning the king Jeconiah, a descendant of King David: 鈥淪o says the Lord: Write you this man childless, a man that shall not prosper in his days; for no man of his seed shall prosper, sitting upon the throne of David, and ruling anymore in Judah鈥 (Jeremiah 22:30). And after Jeconiah was exiled it is written: 鈥淎nd the sons of Jeconiah, the same is Assir, Shealtiel his son鈥 (I聽Chronicles 3:17). The verse employs the plural 鈥渟ons of鈥 although he had only one son, Shealtiel. 鈥淎ssir,鈥 literally, prisoner, teaches that his mother conceived him in prison. 鈥淪healtiel,鈥 literally, planted by God, teaches that God planted him in a way atypical of most plants [hanishtalin], i.e., people. It is learned as a tradition that a woman does not conceive when she is standing during sexual intercourse,

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