Search

Sanhedrin 80

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored by Judy Schwartz in loving memory of her father Chaskel Tydor, R. Yechezkel Shraga ben R. Yehuda Leib Halevi and Esther on his 32nd yahrzeit. “A Torah scholar who survived Auschwitz and Buchenwald, founded “Kibbutz Buchenwald” after the war, and merited living in Eretz Yisrael. He would have been amazed and happy to know that his youngest daughter and two granddaughters learn Daf Yomi with Hadran.”

Today’s daf is sponsored by Adam Plunka in loving memory of Moshe ben Amram, “Moshe Rabbenu”.

Rava challenges the two previous interpretations of the Mishna, citing a contradictory braita. He offers a third explanation with supporting evidence. According to Rava, the two opinions in the Mishna address different scenarios: the tanna kama discusses a case where an arrow was shot from between two people, making it impossible to identify who shot it. Both individuals are exempt from punishment, even if one is known to be righteous. Rabbi Yehuda, however, refers to a case of a bull that killed someone and then was mixed up with other bulls. Since all these bulls are now forbidden for use, they are all placed in a kipa (small enclosure) until they die.

A braita is presented that supports Rava’s interpretation of the Mishna. The first section discusses a pregnant cow that kills a person and is sentenced to stoning. The status of its unborn calf depends on whether the verdict was issued before or after birth. This appears to be independent of when the cow became pregnant, which doesn’t make sense in light of Rava’s statement that if the cow was pregnant at the time of killing, the offspring shares responsibility since it is considered part of the cow. The Gemara initially suggests the pregnancy occurred after the verdict, but rejects this solution. The conclusion is that the pregnancy happened after the killing but before the verdict was issued.

Does a warning to a potential transgressor need to specify the exact type of death penalty they would face?

Rav Yehuda amends his father’s version of the Mishna regarding people sentenced to stoning who were mixed up with those sentenced to burning, explaining that without this correction, Rabbi Shimon’s language in the Mishna would be implausible. Had the original version been correct, Rabbi Shimon would likely have offered a different explanation altogether.

Today’s daily daf tools:

Sanhedrin 80

אִי הָכִי, הַיְינוּ דְּקָתָנֵי עֲלַהּ: אָמַר רַבִּי יוֹסֵי: אֲפִילּוּ אַבָּא חֲלַפְתָּא בֵּינֵיהֶן?

If so, according to Shmuel or Reish Lakish, is that compatible with that which is taught in a baraita with regard to the mishna, that Rabbi Yosei says: This is the halakha even if Abba Ḥalafta, i.e., Rabbi Yosei’s father, who himself was a righteous Sage, was among them? This is difficult according to Shmuel, as Rabbi Yosei would certainly not include his father in a group of murderers, and according to Reish Lakish, what is the connection between Rabbi Yosei’s father and a group of oxen?

אֶלָּא אָמַר רָבָא: הָכִי קָאָמַר, שְׁנַיִם שֶׁהָיוּ עוֹמְדִין, וְיָצָא חֵץ מִבֵּינֵיהֶם וְהָרַג – שְׁנֵיהֶם פְּטוּרִין. וְאָמַר רַבִּי יוֹסֵי: אֲפִילּוּ אַבָּא חֲלַפְתָּא בֵּינֵיהֶן.

Rather, Rava says: This is what the mishna is saying: In a case where two people were standing together and an arrow emerged from their midst and killed a person, since it is not known which of them shot the arrow, both of them are exempt. And Rabbi Yosei says: This is the halakha even if Abba Ḥalafta was among them. Even if one of the two people from among whom the arrow emerged was a righteous individual like Abba Ḥalafta, who presumably is not a murderer, since there is no conclusive testimony identifying the shooter, uncertainty remains and both are exempt.

וְשׁוֹר שֶׁנִּגְמַר דִּינוֹ, שֶׁנִּתְעָרֵב בִּשְׁוָורִין אֲחֵרִים מְעַלְּיֵי – סוֹקְלִין אוֹתָן. רַבִּי יְהוּדָה אוֹמֵר: כּוֹנְסִין אוֹתָן לַכִּיפָּה.

The tanna then proceeds to discuss a different matter. And an ox whose verdict was finalized, that was sentenced to execution by stoning, and that was intermingled with other ordinary oxen, i.e., oxen that did not gore, the court stones all of them. Rabbi Yehuda says: They are placed in a vaulted chamber.

וְהָתַנְיָא: פָּרָה שֶׁהֵמִיתָה וְאַחַר כָּךְ יָלְדָה, אִם עַד שֶׁלֹּא נִגְמַר דִּינָה יָלְדָה – וְולָדָהּ מוּתָּר, אִם מִשֶּׁנִּגְמַר דִּינָה יָלְדָה – וְולָדָהּ אָסוּר. נִתְעָרֵב בַּאֲחֵרִים וַאֲחֵרִים בַּאֲחֵרִים – כּוֹנְסִין אוֹתָן לַכִּיפָּה. רַבִּי אֶלְעָזָר בְּרַבִּי שִׁמְעוֹן אוֹמֵר: מְבִיאִין אוֹתָן לְבֵית דִּין וְסוֹקְלִין אוֹתָן.

The Gemara notes: And it is taught in a baraita: In the case of a cow that killed a person, and thereafter calved, if it was before its verdict was finalized that the cow calved, its offspring is permitted. If it was after its verdict was finalized that the cow calved, its offspring is prohibited, as it was prohibited together with the cow. If the cow was intermingled with other cows and the identity of the cow that killed cannot be determined, and those other cows were intermingled with yet others, the court gathers them into a vaulted chamber. Rabbi Elazar, son of Rabbi Shimon, says: One brings them to court and the court stones them. The unattributed baraita is in accordance with the opinion of Rabbi Yehuda in the mishna.

אָמַר מָר: אִם עַד שֶׁלֹּא נִגְמַר דִּינָה יָלְדָה, וְולָדָהּ מוּתָּר. וְאַף עַל גַּב דְּכִי נְגַחָה הֲוָת מְיעַבְּרָה? וְהָאָמַר רָבָא: וְלַד הַנּוֹגַחַת אָסוּר – הִיא וּוְלָדָהּ נָגְחוּ; וְלַד הַנִּרְבַּעַת אָסוּר – הִיא וּוְלָדָהּ נִרְבְּעוּ!

The Master says in the baraita: If the cow calved before its verdict was finalized, its offspring is permitted. The Gemara asks: And is that the ruling even though when it gored it was already pregnant? But doesn’t Rava say with regard to the offspring of a cow that gores while pregnant: It is prohibited to bring it as an offering, like any animal that killed a person, as the cow and its unborn offspring gored together. And similarly, with regard to the offspring of a cow that was the object of bestiality while the offspring was in utero: It is prohibited to bring it as an offering, as the cow and its unborn offspring were the object of bestiality together. The baraita poses a difficulty according to Rava.

אֵימָא: אִם עַד שֶׁלֹּא נִגְמַר דִּינָה עִיבְּרָה וְיָלְדָה – וְולָדָהּ מוּתָּר; אִם מִשֶּׁנִּגְמַר דִּינָה עִיבְּרָה וְיָלְדָה – וְולָדָהּ אָסוּר.

The Gemara answers: Emend the baraita and say that the reference is not to a case where a cow that was pregnant gored; rather, the reference is to a case where a cow was impregnated after it gored, and this is the distinction: If before its verdict was finalized the cow was impregnated and calved, its offspring is permitted; if after its verdict was finalized the cow was impregnated and calved, its offspring is forbidden together with it.

הָנִיחָא לְמַאן דְּאָמַר: זֶה וָזֶה גּוֹרֵם – אָסוּר.

The Gemara challenges: This works out well according to the one who says that in a case where this permitted factor and that forbidden factor cause an outcome to be produced, that outcome is forbidden. The offspring that was produced from a bull from which deriving benefit is permitted and a cow from which deriving benefit is forbidden is therefore forbidden as well.

אֶלָּא לְמַאן דְּאָמַר: זֶה וָזֶה גּוֹרֵם – מוּתָּר, מַאי אִיכָּא לְמֵימַר?

But according to the one who says that in a case where this permitted factor and that forbidden factor cause an outcome to be produced, that outcome is permitted, what can be said? Since deriving benefit from the bull that sired the offspring is permitted, deriving benefit from the offspring should be permitted as well.

אֶלָּא אָמַר רָבִינָא: אֵימָא, אִם עַד שֶׁלֹּא נִגְמַר דִּינָה עִיבְּרָה וְיָלְדָה – וְלָדָהּ מוּתָּר, וְאִם עַד שֶׁלֹּא נִגְמַר דִּינָה עִיבְּרָה וּמִשֶּׁנִּגְמַר דִּינָה יָלְדָה – וְלָדָהּ אָסוּר. עוּבָּר יֶרֶךְ אִמּוֹ הוּא.

Rather, Ravina says: Emend the baraita and say that the distinction in the baraita is: If before its verdict was finalized, the cow was impregnated and calved, its offspring is permitted. If before its verdict was finalized, the cow was impregnated and after its verdict was finalized it calved, its offspring is forbidden because the legal status of the fetus is not that of an independent entity; rather, its status is like that of its mother’s thigh, i.e., a part of its body. Therefore, when the mother is sentenced to death, the offspring is also forbidden once it is born.

כׇּל חַיָּיבֵי מִיתוֹת, שְׁמַע מִינַּהּ מוּתְרֶה לְדָבָר חָמוּר – הָוֵי מוּתְרֶה לְדָבָר קַל.

§ The mishna teaches: All those liable to be executed with different court-imposed death penalties who became intermingled are sentenced to the most lenient form of execution. The Gemara notes: Conclude from the mishna that an individual who is forewarned for a severe matter is forewarned for a lesser matter. If one is forewarned that if he violates a certain prohibition then he is liable to be stoned, while in fact, he is liable to be executed with a less severe form of execution, the forewarning is effective and he is executed with the less severe form of execution. That is the reason for the halakha in the mishna that even those liable to be executed with a more severe form of execution are executed with the less severe form of execution.

אָמַר רַבִּי יִרְמְיָה: הָכָא בְּמַאי עָסְקִינַן? כְּגוֹן שֶׁהִתְרוּ בּוֹ סְתָם. וְהַאי תַּנָּא הוּא, דְּתַנְיָא: וּשְׁאָר חַיָּיבֵי מִיתוֹת שֶׁבְּתוֹרָה אֵין מְמִיתִין אוֹתָן אֶלָּא בְּעֵדָה וְעֵדִים וְהַתְרָאָה, וְעַד שֶׁיּוֹדִיעוּהוּ שֶׁהוּא חַיָּיב מִיתַת בֵּית דִּין. רַבִּי יְהוּדָה אוֹמֵר: עַד שֶׁיּוֹדִיעוּהוּ בְּאֵיזֶה מִיתָה הוּא נֶהֱרָג.

Rabbi Yirmeya rejects that proof and says: With what are we dealing here? It is a case where the witnesses forewarned the individual that if he violates the prohibition he is liable to be executed, without specification of the mode of execution. And this halakha is in accordance with the opinion of this tanna, as it is taught in a baraita: With regard to all the others, those who are liable for the various death penalties stated in the Torah other than the inciter to idol worship, the court executes them only when the following elements are present: The congregation, represented by the court, and witnesses, and forewarning just before the defendant commits the transgression. And the court does not execute him unless the witnesses informed the defendant that he is liable to receive the death penalty from the court. Rabbi Yehuda says: The defendant is not executed unless the witnesses informed the defendant by which form of death penalty he is to be executed.

תַּנָּא קַמָּא יָלֵיף מִמְּקוֹשֵׁשׁ, וְרַבִּי יְהוּדָה אוֹמֵר: מְקוֹשֵׁשׁ הוֹרָאַת שָׁעָה הָיְתָה.

Based on the statement of Rabbi Yehuda, it may be inferred that according to the first tanna, although they must inform him that he is liable to be executed, they are not required to inform him of the specific mode of execution. The Gemara explains the basis for the dispute between the first tanna and Rabbi Yehuda: The first tanna derived forewarning from the incident of the wood gatherer (see Numbers 15:32–36), who was executed even though even Moses did not know with which death penalty he was to be executed. Clearly, the mode of execution could not have been included in his forewarning. Rabbi Yehuda says: The execution of the wood gatherer was a provisional edict based on the word of God. The halakha throughout the generations cannot be derived from it.

הַנִּסְקָלִין בַּנִּשְׂרָפִין, מַתְנֵי לֵיהּ רַב יְחֶזְקֵאל לְרָמֵי בְּרֵיהּ: הַנִּשְׂרָפִין בַּנִּסְקָלִין, רַבִּי שִׁמְעוֹן אוֹמֵר: יִדּוֹנוּ בִּסְקִילָה, שֶׁהַשְּׂרֵיפָה חֲמוּרָה.

§ The mishna teaches: In a case where those who are liable to be stoned were intermingled with those who are liable to be burned, Rabbi Shimon says: They are all sentenced to be executed by stoning, and the Rabbis say: They are all sentenced to be executed by burning. Rav Yeḥezkel taught a different version to Rami, his son: In a case where those who are liable to be burned were intermingled with those who are liable to be stoned, Rabbi Shimon says: They shall all be sentenced to execution by stoning, as burning is a more severe form of execution.

אֲמַר לֵיהּ רַב יְהוּדָה: אַבָּא, לָא תַּיתְנְיֵיהּ הָכִי. מַאי אִירְיָא דִּשְׂרֵיפָה חֲמוּרָה? תִּיפּוֹק לֵיהּ דְּרוּבָּה נִסְקָלִין נִינְהוּ! אֶלָּא: הֵיכִי אַתְנְיֵיהּ?

Rav Yehuda, son of Rav Yeḥezkel, said to him: Father, do not teach it in that manner, as it is difficult to understand: Why does Rabbi Shimon teach that the reason is specifically that burning is a more severe form of execution than stoning? Derive this halakha, that they are stoned, for a different reason: The principle with regard to a mixture is to follow the majority, and in this case the majority of the intermingled group is liable to be stoned. Rav Yeḥezkel asked Rav Yehuda: Rather, how then shall I teach it?

הַנִּסְקָלִין בַּנִּשְׂרָפִין, רַבִּי שִׁמְעוֹן אוֹמֵר: יִדּוֹנוּ בִּסְקִילָה, שֶׁהַשְּׂרֵיפָה חֲמוּרָה. אִי הָכִי, אֵימָא סֵיפָא: וַחֲכָמִים אוֹמְרִים: יִדּוֹנוּ בִּשְׂרֵיפָה, שֶׁהַסְּקִילָה חֲמוּרָה. תִּיפּוֹק לֵיהּ דְּרוּבָּה נִשְׂרָפִין נִינְהוּ!

Rav Yehuda said: You should teach: In a case where those who are liable to be stoned were intermingled with those who are liable to be burned, where the majority is liable to be burned, Rabbi Shimon says: They shall all be sentenced to execution by stoning, as burning is a more severe form of execution. Rav Yeḥezkel, his father, asked: If so, say the latter clause of the mishna: And the Rabbis say: They shall all be sentenced to execution by burning, as stoning is a more severe form of execution. If so, derive this halakha, that they are burned because in this case the majority of the intermingled group is liable to be burned, not because stoning is a more severe form of execution.

הָתָם, רַבָּנַן הוּא דְּקָאָמְרוּ לֵיהּ לְרַבִּי שִׁמְעוֹן: לְדִידָךְ דְּאָמְרַתְּ שְׂרֵיפָה חֲמוּרָה, לָא! סְקִילָה חֲמוּרָה.

Rav Yehuda answered: There, in the latter clause, it is the Rabbis who say to Rabbi Shimon: According to you, who say that burning is a more severe form of execution than stoning, the fact that the majority is liable to be burned does not warrant the execution of the entire group by burning, since the minority was sentenced to stoning, which is more lenient in your opinion. That is not so, as stoning is a more severe form of execution. And that reason is extraneous, as in this case, they are burned because the majority of the group is liable to be burned.

אֲמַר לֵיהּ שְׁמוּאֵל לְרַב יְהוּדָה: שִׁינָּנָא,

When this narrative was heard, Shmuel said to Rav Yehuda: Long-toothed one:

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I read Ilana Kurshan’s “If All the Seas Were Ink” which inspired me. Then the Women’s Siyum in Jerusalem in 2020 convinced me, I knew I had to join! I have loved it- it’s been a constant in my life daily, many of the sugiyot connect to our lives. My family and friends all are so supportive. It’s incredible being part of this community and love how diverse it is! I am so excited to learn more!

Shira Jacobowitz
Shira Jacobowitz

Jerusalem, Israel

Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!

Judith Weil
Judith Weil

Raanana, Israel

I attended the Siyum so that I could tell my granddaughter that I had been there. Then I decided to listen on Spotify and after the siyum of Brachot, Covid and zoom began. It gave structure to my day. I learn with people from all over the world who are now my friends – yet most of us have never met. I can’t imagine life without it. Thank you Rabbanit Michelle.

Emma Rinberg
Emma Rinberg

Raanana, Israel

I never thought I’d be able to do Daf Yomi till I saw the video of Hadran’s Siyum HaShas. Now, 2 years later, I’m about to participate in Siyum Seder Mo’ed with my Hadran community. It has been an incredible privilege to learn with Rabbanit Michelle and to get to know so many caring, talented and knowledgeable women. I look forward with great anticipation and excitement to learning Seder Nashim.

Caroline-Ben-Ari-Tapestry
Caroline Ben-Ari

Karmiel, Israel

Margo
I started my Talmud journey in 7th grade at Akiba Jewish Day School in Chicago. I started my Daf Yomi journey after hearing Erica Brown speak at the Hadran Siyum about marking the passage of time through Daf Yomi.

Carolyn
I started my Talmud journey post-college in NY with a few classes. I started my Daf Yomi journey after the Hadran Siyum, which inspired both my son and myself.

Carolyn Hochstadter and Margo Kossoff Shizgal
Carolyn Hochstadter and Margo Kossoff Shizgal

Merion Station,  USA

Beit Shemesh, Israel

I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.

Naomi Niederhoffer
Naomi Niederhoffer

Toronto, Canada

In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.

Rhondda May
Rhondda May

Atlanta, Georgia, United States

I had dreamed of doing daf yomi since I had my first serious Talmud class 18 years ago at Pardes with Rahel Berkovitz, and then a couple of summers with Leah Rosenthal. There is no way I would be able to do it without another wonderful teacher, Michelle, and the Hadran organization. I wake up and am excited to start each day with the next daf.

Beth Elster
Beth Elster

Irvine, United States

When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.

Ruth Leah Kahan
Ruth Leah Kahan

Ra’anana, Israel

A beautiful world of Talmudic sages now fill my daily life with discussion and debate.
bringing alive our traditions and texts that has brought new meaning to my life.
I am a מגילת אסתר reader for women . the words in the Mishna of מסכת megillah 17a
הקורא את המגילה למפרע לא יצא were powerful to me.
I hope to have the zchut to complete the cycle for my 70th birthday.

Sheila Hauser
Sheila Hauser

Jerusalem, Israel

When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.

Laura Shechter
Laura Shechter

Lexington, MA, United States

Ive been learning Gmara since 5th grade and always loved it. Have always wanted to do Daf Yomi and now with Michelle Farber’s online classes it made it much easier to do! Really enjoying the experience thank you!!

Lisa Lawrence
Lisa Lawrence

Neve Daniel, Israel

I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.

Michelle Lewis
Michelle Lewis

Beit Shemesh, Israel

Last cycle, I listened to parts of various מסכתות. When the הדרן סיום was advertised, I listened to Michelle on נידה. I knew that בע”ה with the next cycle I was in (ב”נ). As I entered the סיום (early), I saw the signs and was overcome with emotion. I was randomly seated in the front row, and I cried many times that night. My choice to learn דף יומי was affirmed. It is one of the best I have made!

Miriam Tannenbaum
Miriam Tannenbaum

אפרת, Israel

I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.

Dianne Kuchar
Dianne Kuchar

Dover Heights, Australia

After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.

Susan-Vishner-Hadran-photo-scaled
Susan Vishner

Brookline, United States

What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.

Marian Frankston
Marian Frankston

Pennsylvania, United States

I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.

Patti Evans
Patti Evans

Phoenix, Arizona, United States

I learned Talmud as a student in Yeshivat Ramaz and felt at the time that Talmud wasn’t for me. After reading Ilana Kurshan’s book I was intrigued and after watching the great siyum in Yerushalayim it ignited the spark to begin this journey. It has been a transformative life experience for me as a wife, mother, Savta and member of Klal Yisrael.
Elana Storch
Elana Storch

Phoenix, Arizona, United States

I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.

Gila Loike
Gila Loike

Ashdod, Israel

Sanhedrin 80

אִי הָכִי, הַיְינוּ דְּקָתָנֵי עֲלַהּ: אָמַר רַבִּי יוֹסֵי: אֲפִילּוּ אַבָּא חֲלַפְתָּא בֵּינֵיהֶן?

If so, according to Shmuel or Reish Lakish, is that compatible with that which is taught in a baraita with regard to the mishna, that Rabbi Yosei says: This is the halakha even if Abba Ḥalafta, i.e., Rabbi Yosei’s father, who himself was a righteous Sage, was among them? This is difficult according to Shmuel, as Rabbi Yosei would certainly not include his father in a group of murderers, and according to Reish Lakish, what is the connection between Rabbi Yosei’s father and a group of oxen?

אֶלָּא אָמַר רָבָא: הָכִי קָאָמַר, שְׁנַיִם שֶׁהָיוּ עוֹמְדִין, וְיָצָא חֵץ מִבֵּינֵיהֶם וְהָרַג – שְׁנֵיהֶם פְּטוּרִין. וְאָמַר רַבִּי יוֹסֵי: אֲפִילּוּ אַבָּא חֲלַפְתָּא בֵּינֵיהֶן.

Rather, Rava says: This is what the mishna is saying: In a case where two people were standing together and an arrow emerged from their midst and killed a person, since it is not known which of them shot the arrow, both of them are exempt. And Rabbi Yosei says: This is the halakha even if Abba Ḥalafta was among them. Even if one of the two people from among whom the arrow emerged was a righteous individual like Abba Ḥalafta, who presumably is not a murderer, since there is no conclusive testimony identifying the shooter, uncertainty remains and both are exempt.

וְשׁוֹר שֶׁנִּגְמַר דִּינוֹ, שֶׁנִּתְעָרֵב בִּשְׁוָורִין אֲחֵרִים מְעַלְּיֵי – סוֹקְלִין אוֹתָן. רַבִּי יְהוּדָה אוֹמֵר: כּוֹנְסִין אוֹתָן לַכִּיפָּה.

The tanna then proceeds to discuss a different matter. And an ox whose verdict was finalized, that was sentenced to execution by stoning, and that was intermingled with other ordinary oxen, i.e., oxen that did not gore, the court stones all of them. Rabbi Yehuda says: They are placed in a vaulted chamber.

וְהָתַנְיָא: פָּרָה שֶׁהֵמִיתָה וְאַחַר כָּךְ יָלְדָה, אִם עַד שֶׁלֹּא נִגְמַר דִּינָה יָלְדָה – וְולָדָהּ מוּתָּר, אִם מִשֶּׁנִּגְמַר דִּינָה יָלְדָה – וְולָדָהּ אָסוּר. נִתְעָרֵב בַּאֲחֵרִים וַאֲחֵרִים בַּאֲחֵרִים – כּוֹנְסִין אוֹתָן לַכִּיפָּה. רַבִּי אֶלְעָזָר בְּרַבִּי שִׁמְעוֹן אוֹמֵר: מְבִיאִין אוֹתָן לְבֵית דִּין וְסוֹקְלִין אוֹתָן.

The Gemara notes: And it is taught in a baraita: In the case of a cow that killed a person, and thereafter calved, if it was before its verdict was finalized that the cow calved, its offspring is permitted. If it was after its verdict was finalized that the cow calved, its offspring is prohibited, as it was prohibited together with the cow. If the cow was intermingled with other cows and the identity of the cow that killed cannot be determined, and those other cows were intermingled with yet others, the court gathers them into a vaulted chamber. Rabbi Elazar, son of Rabbi Shimon, says: One brings them to court and the court stones them. The unattributed baraita is in accordance with the opinion of Rabbi Yehuda in the mishna.

אָמַר מָר: אִם עַד שֶׁלֹּא נִגְמַר דִּינָה יָלְדָה, וְולָדָהּ מוּתָּר. וְאַף עַל גַּב דְּכִי נְגַחָה הֲוָת מְיעַבְּרָה? וְהָאָמַר רָבָא: וְלַד הַנּוֹגַחַת אָסוּר – הִיא וּוְלָדָהּ נָגְחוּ; וְלַד הַנִּרְבַּעַת אָסוּר – הִיא וּוְלָדָהּ נִרְבְּעוּ!

The Master says in the baraita: If the cow calved before its verdict was finalized, its offspring is permitted. The Gemara asks: And is that the ruling even though when it gored it was already pregnant? But doesn’t Rava say with regard to the offspring of a cow that gores while pregnant: It is prohibited to bring it as an offering, like any animal that killed a person, as the cow and its unborn offspring gored together. And similarly, with regard to the offspring of a cow that was the object of bestiality while the offspring was in utero: It is prohibited to bring it as an offering, as the cow and its unborn offspring were the object of bestiality together. The baraita poses a difficulty according to Rava.

אֵימָא: אִם עַד שֶׁלֹּא נִגְמַר דִּינָה עִיבְּרָה וְיָלְדָה – וְולָדָהּ מוּתָּר; אִם מִשֶּׁנִּגְמַר דִּינָה עִיבְּרָה וְיָלְדָה – וְולָדָהּ אָסוּר.

The Gemara answers: Emend the baraita and say that the reference is not to a case where a cow that was pregnant gored; rather, the reference is to a case where a cow was impregnated after it gored, and this is the distinction: If before its verdict was finalized the cow was impregnated and calved, its offspring is permitted; if after its verdict was finalized the cow was impregnated and calved, its offspring is forbidden together with it.

הָנִיחָא לְמַאן דְּאָמַר: זֶה וָזֶה גּוֹרֵם – אָסוּר.

The Gemara challenges: This works out well according to the one who says that in a case where this permitted factor and that forbidden factor cause an outcome to be produced, that outcome is forbidden. The offspring that was produced from a bull from which deriving benefit is permitted and a cow from which deriving benefit is forbidden is therefore forbidden as well.

אֶלָּא לְמַאן דְּאָמַר: זֶה וָזֶה גּוֹרֵם – מוּתָּר, מַאי אִיכָּא לְמֵימַר?

But according to the one who says that in a case where this permitted factor and that forbidden factor cause an outcome to be produced, that outcome is permitted, what can be said? Since deriving benefit from the bull that sired the offspring is permitted, deriving benefit from the offspring should be permitted as well.

אֶלָּא אָמַר רָבִינָא: אֵימָא, אִם עַד שֶׁלֹּא נִגְמַר דִּינָה עִיבְּרָה וְיָלְדָה – וְלָדָהּ מוּתָּר, וְאִם עַד שֶׁלֹּא נִגְמַר דִּינָה עִיבְּרָה וּמִשֶּׁנִּגְמַר דִּינָה יָלְדָה – וְלָדָהּ אָסוּר. עוּבָּר יֶרֶךְ אִמּוֹ הוּא.

Rather, Ravina says: Emend the baraita and say that the distinction in the baraita is: If before its verdict was finalized, the cow was impregnated and calved, its offspring is permitted. If before its verdict was finalized, the cow was impregnated and after its verdict was finalized it calved, its offspring is forbidden because the legal status of the fetus is not that of an independent entity; rather, its status is like that of its mother’s thigh, i.e., a part of its body. Therefore, when the mother is sentenced to death, the offspring is also forbidden once it is born.

כׇּל חַיָּיבֵי מִיתוֹת, שְׁמַע מִינַּהּ מוּתְרֶה לְדָבָר חָמוּר – הָוֵי מוּתְרֶה לְדָבָר קַל.

§ The mishna teaches: All those liable to be executed with different court-imposed death penalties who became intermingled are sentenced to the most lenient form of execution. The Gemara notes: Conclude from the mishna that an individual who is forewarned for a severe matter is forewarned for a lesser matter. If one is forewarned that if he violates a certain prohibition then he is liable to be stoned, while in fact, he is liable to be executed with a less severe form of execution, the forewarning is effective and he is executed with the less severe form of execution. That is the reason for the halakha in the mishna that even those liable to be executed with a more severe form of execution are executed with the less severe form of execution.

אָמַר רַבִּי יִרְמְיָה: הָכָא בְּמַאי עָסְקִינַן? כְּגוֹן שֶׁהִתְרוּ בּוֹ סְתָם. וְהַאי תַּנָּא הוּא, דְּתַנְיָא: וּשְׁאָר חַיָּיבֵי מִיתוֹת שֶׁבְּתוֹרָה אֵין מְמִיתִין אוֹתָן אֶלָּא בְּעֵדָה וְעֵדִים וְהַתְרָאָה, וְעַד שֶׁיּוֹדִיעוּהוּ שֶׁהוּא חַיָּיב מִיתַת בֵּית דִּין. רַבִּי יְהוּדָה אוֹמֵר: עַד שֶׁיּוֹדִיעוּהוּ בְּאֵיזֶה מִיתָה הוּא נֶהֱרָג.

Rabbi Yirmeya rejects that proof and says: With what are we dealing here? It is a case where the witnesses forewarned the individual that if he violates the prohibition he is liable to be executed, without specification of the mode of execution. And this halakha is in accordance with the opinion of this tanna, as it is taught in a baraita: With regard to all the others, those who are liable for the various death penalties stated in the Torah other than the inciter to idol worship, the court executes them only when the following elements are present: The congregation, represented by the court, and witnesses, and forewarning just before the defendant commits the transgression. And the court does not execute him unless the witnesses informed the defendant that he is liable to receive the death penalty from the court. Rabbi Yehuda says: The defendant is not executed unless the witnesses informed the defendant by which form of death penalty he is to be executed.

תַּנָּא קַמָּא יָלֵיף מִמְּקוֹשֵׁשׁ, וְרַבִּי יְהוּדָה אוֹמֵר: מְקוֹשֵׁשׁ הוֹרָאַת שָׁעָה הָיְתָה.

Based on the statement of Rabbi Yehuda, it may be inferred that according to the first tanna, although they must inform him that he is liable to be executed, they are not required to inform him of the specific mode of execution. The Gemara explains the basis for the dispute between the first tanna and Rabbi Yehuda: The first tanna derived forewarning from the incident of the wood gatherer (see Numbers 15:32–36), who was executed even though even Moses did not know with which death penalty he was to be executed. Clearly, the mode of execution could not have been included in his forewarning. Rabbi Yehuda says: The execution of the wood gatherer was a provisional edict based on the word of God. The halakha throughout the generations cannot be derived from it.

הַנִּסְקָלִין בַּנִּשְׂרָפִין, מַתְנֵי לֵיהּ רַב יְחֶזְקֵאל לְרָמֵי בְּרֵיהּ: הַנִּשְׂרָפִין בַּנִּסְקָלִין, רַבִּי שִׁמְעוֹן אוֹמֵר: יִדּוֹנוּ בִּסְקִילָה, שֶׁהַשְּׂרֵיפָה חֲמוּרָה.

§ The mishna teaches: In a case where those who are liable to be stoned were intermingled with those who are liable to be burned, Rabbi Shimon says: They are all sentenced to be executed by stoning, and the Rabbis say: They are all sentenced to be executed by burning. Rav Yeḥezkel taught a different version to Rami, his son: In a case where those who are liable to be burned were intermingled with those who are liable to be stoned, Rabbi Shimon says: They shall all be sentenced to execution by stoning, as burning is a more severe form of execution.

אֲמַר לֵיהּ רַב יְהוּדָה: אַבָּא, לָא תַּיתְנְיֵיהּ הָכִי. מַאי אִירְיָא דִּשְׂרֵיפָה חֲמוּרָה? תִּיפּוֹק לֵיהּ דְּרוּבָּה נִסְקָלִין נִינְהוּ! אֶלָּא: הֵיכִי אַתְנְיֵיהּ?

Rav Yehuda, son of Rav Yeḥezkel, said to him: Father, do not teach it in that manner, as it is difficult to understand: Why does Rabbi Shimon teach that the reason is specifically that burning is a more severe form of execution than stoning? Derive this halakha, that they are stoned, for a different reason: The principle with regard to a mixture is to follow the majority, and in this case the majority of the intermingled group is liable to be stoned. Rav Yeḥezkel asked Rav Yehuda: Rather, how then shall I teach it?

הַנִּסְקָלִין בַּנִּשְׂרָפִין, רַבִּי שִׁמְעוֹן אוֹמֵר: יִדּוֹנוּ בִּסְקִילָה, שֶׁהַשְּׂרֵיפָה חֲמוּרָה. אִי הָכִי, אֵימָא סֵיפָא: וַחֲכָמִים אוֹמְרִים: יִדּוֹנוּ בִּשְׂרֵיפָה, שֶׁהַסְּקִילָה חֲמוּרָה. תִּיפּוֹק לֵיהּ דְּרוּבָּה נִשְׂרָפִין נִינְהוּ!

Rav Yehuda said: You should teach: In a case where those who are liable to be stoned were intermingled with those who are liable to be burned, where the majority is liable to be burned, Rabbi Shimon says: They shall all be sentenced to execution by stoning, as burning is a more severe form of execution. Rav Yeḥezkel, his father, asked: If so, say the latter clause of the mishna: And the Rabbis say: They shall all be sentenced to execution by burning, as stoning is a more severe form of execution. If so, derive this halakha, that they are burned because in this case the majority of the intermingled group is liable to be burned, not because stoning is a more severe form of execution.

הָתָם, רַבָּנַן הוּא דְּקָאָמְרוּ לֵיהּ לְרַבִּי שִׁמְעוֹן: לְדִידָךְ דְּאָמְרַתְּ שְׂרֵיפָה חֲמוּרָה, לָא! סְקִילָה חֲמוּרָה.

Rav Yehuda answered: There, in the latter clause, it is the Rabbis who say to Rabbi Shimon: According to you, who say that burning is a more severe form of execution than stoning, the fact that the majority is liable to be burned does not warrant the execution of the entire group by burning, since the minority was sentenced to stoning, which is more lenient in your opinion. That is not so, as stoning is a more severe form of execution. And that reason is extraneous, as in this case, they are burned because the majority of the group is liable to be burned.

אֲמַר לֵיהּ שְׁמוּאֵל לְרַב יְהוּדָה: שִׁינָּנָא,

When this narrative was heard, Shmuel said to Rav Yehuda: Long-toothed one:

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete