meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nezikin/Mishnah Sanhedrin/English/Mishnah Yomit by Dr. Joshua Kulp.txt"}
text: Mishnah Sanhedrin
  משנה סנהדרין
  Mishnah Yomit by Dr. Joshua Kulp
  
  
  Mishnah Sanhedrin
  
  
  
  
  
  Cases concerning property [are decided] by three. Cases concerning robbery or personal injury, by three. Claims for full damages or half-damages, twofold restitution, or fourfold or fivefold restitution, by three. Claims against a rapist, a seducer and one who defames [a virgin are decided] by three, according to Rabbi Meir. The Sages say:  “One who defames [a virgin is decided] by twenty-three, for there may arise from it a capital case.
  [Cases concerning offenses punishable by] beating [are decided] by three. In the name of Rabbi Yishmael they said twenty-three. The intercalation of the month and intercalation of the year [are decided] by three, according to Rabbi Meir. Rabban Shimon ben Gamaliel says:  “The matter is begun by three, discussed by five, and decided upon by seven. But if they decided upon it with three, the intercalation is valid.”
  The laying on of the elders’ hands and the breaking of the heifer’s neck [are decided upon] by three, according to Rabbi Shimon. But Rabbi Judah says:  “By five.” The rites of halitzah and “refusal” [are performed] before three. The fruit of fourth year plantings and Second Tithes whose value is not known [are redeemed] before three. Things dedicated to the Temple [are redeemed] before three. Vows of evaluation to be redeemed with movable property, [are evaluated] before three. Rabbi Judah says: “One must be a priest.” [Vows of evaluation], [to be redeemed] with land [are evaluated] before nine and a priest. And similarly [for the evaluation] of a man.
  Cases concerning offenses punishable by death [are decided] by twenty three. A beast that has sexual relations with a woman or with a man is [judged] by twenty three, as it says, “You shall execute the woman and the beast” (Lev. 20:16) and it says, “You shall execute the beast”. The ox that is stoned [is judged] by twenty three., as it says, “The ox shall be stoned and also its owner shall be put to death” (Exodus 21:29), as is the death of the owner, so too is the death of the ox. The wolf, the lion, the bear, the leopard, the panther, or serpent [that have killed a human being] their death is [adjudicated] by twenty three. Rabbi Eliezer says: “Anyone who kills them before they come to court merits.” But Rabbi Akiva says:  “Their death must be [adjudicated] by twenty three.
  A tribe, a false prophet, or the high priest may not be tried save by the court of seventy-one; They may not send forth the people to wage a battle of free choice save by the decision of the court of one and seventy; They may not add to the City [of Jerusalem], or the Courts of the Temple save by the decision of the court of seventy-one; They may not set up sanhedrins for the several tribes save by the decision of the court of one and seventy. And they may not proclaim [any city to be] an Apostate City (ir ha-niddahat) (Deut. 13:13–19] save by the decision of one and seventy. No city on the frontier may be proclaimed an Apostate City, nor three together, but only one or two.
  The greater Sanhedrin was made up of seventy one and the little Sanhedrin of twenty three.From where do we learn that the greater Sanhedrin should be made up of seventy one? As it says, “Gather unto me seventy men of the elders of Israel” (Num. 11:16), and when Moses is added to them there is seventy one. Rabbi Judah says:  “Seventy.” From where do we learn that the little Sanhedrin should be made up of twenty three? As it says, “The assembly shall judge”, “The assembly shall deliver” (Num. 35:24-25), an assembly that judges and an assembly that delivers, thus we have twenty. And from where do we know that an assembly has ten? As it says, “How long shall I bear this evil congregation?” (Num. 14:27) [which refers to the twelve spies] but Joshua and Caleb were not included. And from where do we learn that we should bring three others [to the twenty]? By inference from what it says, “You shall not follow after the many to do evil” (Ex. 23:2), I conclude that I must be with them to do well. Then why does it say, “[To follow] after the many to change judgment” (Ex. 23:2). [It means that] your verdict of condemnation should not be like your verdict of acquittal, for your verdict of acquittal is reached by the decision of a majority of one, but your verdict of condemnation must be reached by the decision of a majority of two. The court must not be divisible equally, therefore they add to them one more; thus they are twenty three. And how many should there be in a city that it may be fit to have a Sanhedrin? A hundred and twenty. Rabbi Nehemiah says:  “Two hundred and thirty, so that [the Sanhedrin of twenty three] should correspond with them that are chiefs of [at least] groups of ten.
  
  
  
  The High Priest can judge and be judged; he can testify and others can testify against him. He can perform halitzah for another’s wife and others can perform halitzah for his wife or contract levirate marriage with his widow, but he cannot contract levirate marriage since he is forbidden to marry a widow. If any of his near kin die he may not follow after the bier, rather when the bearers are not visible, he is visible, when they are visible he is not visible, and he may go out with them as far as the city gate, according to Rabbi Meir. Rabbi Judah says, “He may not leave the Temple, as it says, “Nor shall he go out of the Sanctuary”. And when he comforts other mourners the custom is for all of the people to pass by, the one after the other, while the appointed [priest] stands between him and the people. And when he receives comfort from others, all the people say to him, “Let us be your atonement”, and he says to them, “May you be blessed by Heaven.” When they feed him the funeral meal all the people sit around on the ground and he sits on a stool.
  The king can neither judge nor be judged, he cannot testify and others cannot testify against him. He may not perform halitzah, nor may others perform halitzah for his wife. He may not contract levirate marriage nor may his brothers contract levirate marriage with his wife. Rabbi Judah says:  “If he wished to perform halitzah or to contract levirate marriage his memory is a blessing.” They said to him: “They should not listen to him.” None may marry his widow. Rabbi Judah says:  “The king may marry the widow of a king, for so have we found it with David, who married the widow of Saul, as it says, “And I gave you my master’s house and my master’s wives into your embrace” (II Samuel 12:8).
  If any of his near kin die he may not go out of the door of his palace. Rabbi Judah says:  “If he wishes to follow the bier he may, since we have found that David followed the bier of Avner, as it says, “And King David followed the bier” (II Samuel 3:31) They answered, “That was only to appease the people.” When they feed him the funeral meal all the people sit on the floor and he sits on a couch.
  He may send forth the people to a battle waged of free choice by the decision of the court of seventy one. He may break through [the private domain of any man] to make himself a road and none may protest him. The king’s road has no limit. Whatsoever the people take in plunder they must place before him, and he may take first. “And he shall not have many wives” (Deut. 17:17) eighteen only. Rabbi Judah says: “He may take many wives provided they don’t turn his heart away [from worshipping God]. Rabbi Shimon says:  “Even one that might turn his heart away, he should not marry.  Why then does it say, “He shall not have many wives”, even if they are like Avigayil. “He shall not keep many horses” (Deut. 17:16) enough for his chariot only. “Nor shall he amass silver and gold to excess” (Deut. 17:17) enough to pay his soldier’s wages. He must write a Torah scroll for himself; when he goes forth to battle he shall take it with him, and when he returns he shall bring it back with him; when he sits in judgement it shall be with him, and when he sits to eat it shall be with him, as it says, “Let it remain with him and let him read it all his life” (Deut. 17:19)
  None may ride his horse and none may sit on his throne and none may make use of his scepter. No one may see him when his hair is being cut or when he is naked or when he is in the bath house, for it says, “You shall set a king upon yourself” (Deut. 17:15) that his awe should be over you.
  
  
  
  Cases concerning property [are decided] by three [judges].This [litigant] chooses one and this [litigant] chooses one and then the two of them choose another, according to Rabbi Meir. But the Sages say:  “The two judges choose the other judge.” This [litigant] can invalidate this one’s judge, and this [litigant] can invalidate this one’s judge, according to Rabbi Meir. But the Sages say:  “When is this so?  When they bring proof against them that they are relatives or otherwise invalid; but if they are valid and experts, he cannot invalidate them. This [litigant] may invalidate this one’s witnesses and this [litigant] may invalidate this one’s witnesses, according to Rabbi Meir. But the Sages say:  “When is this so?  When they bring proof against them that they are relatives or otherwise invalid; but if they are valid, he cannot invalidate them.
  If one litigant said to the other, “I accept my father as trustworthy”, or “I accept your father as trustworthy”, or “I accept three herdsman as trustworthy”, Rabbi Meir says, “He may retract.” But the Sages say, “He cannot retract.” If one must take an oath before his fellow, and his fellow said to him, “Vow to me by the life of your head”, Rabbi Meir says, “He may retract.” But the Sages say, “He cannot retract.”
  And these are they  which are not qualified [to be witnesses or judges]:A dice player, a usurer, pigeon racers, or traffickers in Seventh Year produce. Rabbi Shimon said:  “In the beginning they called them ‘gatherers’ of Seventh Year produce, but after the oppressors grew many they changed this and called them ‘traffickers’ of Seventh Year produce.” Rabbi Judah said:  “This applies only if they have no other trade, but if they have some other trade other than that, they are not disqualified.”
  These are the relatives [that are not qualified to be witnesses or judges]:A suitor’s father, brother, father’s brother, mother’s brother, sister’s husband, father’s sister’s husband, mother’s sister’s husband, mother’s husband, father-in-law, or wife’s sister’s husband them and their sons and their sons-in-law; also the suitor’s step-son only [but not the stepsons’ sons]. Rabbi Yose said, “Such was the mishnah of Rabbi Akiva, but the first mishnah taught: ‘a suitor’s uncle, or his uncle’s son, and all that are qualified to be his heir. Moreover all that were kinsmen at the time [are disqualified]; but kinsmen that have ceased to be kinsmen become qualified.” Rabbi Judah says:  “If a man’s daughter died and left children, her husband still counts as a kinsman.”
  A friend or an enemy [is disqualified]. “A friend”: this is one’s groomsman. “An enemy”:  anyone whom he has not spoken to in three days because of anger. They replied:  “Israelites are not suspected of such.”
  How do they check the witnesses? They bring them in and warn them, and then they take them out and leave behind the most important of [the witnesses]. And they would say to him:  “State [for us], how do you know that this one is in debt to this one?” If he said, “He said to me, ‘I am in debt to him’, or ‘So-and-so said to me that he was in debt to him’”, he has said nothing. He must be able to say, “In our presence he acknowledged to the other one that he owed him 200 zuz.” Afterward they bring in the second witness and check him. If their words were found to agree, the judges discuss the matter. If two say, “He is not guilty” and one says, “He is guilty”, he is not guilty. If two say, “He is guilty” and one says, “He is not guilty”, he is guilty. If one says, “He is not guilty”, and one says, “He is guilty”, and even if two declared him not guilty or declared him guilty while one said, “I do not know”, they must add more judges.
  When the judges reached their decision they would bring in the litigants. The chief among the judges says:  “You, so-and-so are not obligated”, or “You, so-and-so are obligated”. And from where do we know that after one of the judges has gone out that he may not say, “I declared him not obligated and my colleagues declared him obligated, so what can I do since they outvoted me?” Of such a one it says, “Do not go about as a talebearer amongst your people” (Lev. 19:16) and it also says, “He that goes about as a talebearer reveals secrets” (Proverbs 11:13).
  So long as a litigant can produce proof he may overturn the verdict. If they had said to him, “Bring all of the proofs that you have within thirty days” and he brought them within thirty days, the court may overturn the verdict. But if he brought any proof after thirty days, the court cannot reverse the verdict. Rabban Shimon ben Gamaliel said:  “What could he have done that he did not find [the proof] within thirty days but found it after thirty days?” If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, and he later found proof or witnesses, then they are totally invalid. Rabban Shimon ben Gamaliel said:  “What could he have done that he did not know that he had witnesses, then found witnesses, or that he did not know that he had proof, then found proof? If they had said to him, “Bring witnesses” and he said, “I have no witnesses”, or [if they said], “Bring proof”, and he said, “I have no proof”, but when he saw that he was about to be found obligated, he said, “Come near, so-and-so and so-and-so and testify for me!”, or if he brought forth some proof from his wallet, then they are totally invalid.
  
  
  
  Both non-capital and capital cases require examination and inquiry [of the witnesses], as it says, “You shall have one manner of law” (Lev. 24:22). How do non-capital cases differ from capital cases? Non-capital cases [are decided] by three and capital cases by twenty three. Non-capital cases may begin either with reasons for acquittal or for conviction;  capital cases begin with reasons for acquittal and do not begin with reasons for conviction. In non-capital cases they may reach a verdict of either acquittal or conviction by the decision of a majority of one; in capital cases they may reach an acquittal by the majority of one but a verdict of conviction only by the decision of a majority of two. In non-capital cases they may reverse a verdict either [from conviction] to acquittal or [from acquittal] to conviction; in capital cases they may reverse a verdict [from conviction] to acquittal but not [from acquittal] to conviction. In non-capital cases all may argue either in favor of conviction or of acquittal; in capital cases all may argue in favor of acquittal but not all may argue in favor of conviction. In non-capital cases he that had argued in favor of conviction may afterward argue in favor of acquittal, or he that had argued in favor of acquittal may afterward argue in favor of conviction; in capital cases he that had argued in favor of conviction may afterward argue in favor of acquittal but he that had argued in favor of acquittal cannot afterward argue in favor of conviction. In non-capital cases they hold the trial during the daytime and the verdict may be reached during the night; in capital cases they hold the trial during the daytime and the verdict also must be reached during the daytime. In non-capital cases the verdict, whether of acquittal or of conviction, may be reached the same day; in capital cases a verdict of acquittal may be reached on the same day, but a verdict of conviction not until the following day. Therefore trials may not be held on the eve of a Sabbath or on the eve of a Festival.
  In non-capital cases and those concerning uncleanness and cleanness [the judges declare their opinion] beginning from the eldest, but in capital cases they begin from [them that sit at] the side. All are qualified to try non-capital cases, but not all are qualified to try capital cases, only priests, levites and Israelites that may give [their daughters] in marriage to priests.
  The Sanhedrin was arranged like the half of a round threshing-floor so that they all might see one another. Before them stood the two scribes of the judges, one to the right and one to the left, and they wrote down the words of them that favored acquittal and the words of them that favored conviction. Rabbi Judah says:  “There were three:  one wrote down the words of them that favored acquittal, and one wrote down the words of them that favored conviction, and the third wrote down the words of both them that favored acquittal and them that favored conviction.
  And there were three rows of disciples of the Sages who sat before them, and each knew his proper place. If they needed to appoint [another as a judge] they appointed him from the first row, and one from the second row came into the first row, and one from the third row came into the second row, and they chose another from the congregation and set him in the third row. He did not sit in the place of the former, but he sat in the place that was proper for him.
  How did they admonish witnesses in capital cases? They brought them in and admonished them, [saying], “Perhaps you will say something that is only a supposition or hearsay or secondhand, or even from a trustworthy man.  Or perhaps you do not know that we shall check you with examination and inquiry? Know, moreover, that capital cases are not like non-capital cases:  in non-capital cases a man may pay money and so make atonement, but in capital cases the witness is answerable for the blood of him [that is wrongfully condemned] and the blood of his descendants [that should have been born to him] to the end of the world.” For so have we found it with Cain that murdered his brother, for it says, “The bloods of your brother cry out” (Gen. 4:10).  It doesn’t say, “The blood of your brother”, but rather “The bloods of your brother” meaning his blood and the blood of his descendants. Another saying is, “The bloods of your brother” that his blood was cast over trees and stones. Therefore but a single person was created in the world, to teach that if any man has caused a single life to perish from Israel, he is deemed by Scripture as if he had caused a whole world to perish; and anyone who saves a single soul from Israel, he is deemed by Scripture as if he had saved a whole world. Again [but a single person was created] for the sake of peace among humankind, that one should not say to another, “My father was greater than your father”. Again, [but a single person was created] against the heretics so they should not say, “There are many ruling powers in heaven”. Again [but a single person was created] to proclaim the greatness of the Holy Blessed One; for humans stamp many coins with one seal and they are all like one another; but the King of kings, the Holy Blessed One, has stamped every human with the seal of the first man, yet not one of them are like another. Therefore everyone must say, “For my sake was the world created.” And if perhaps you [witnesses] would say, “Why should we be involved with this trouble”, was it not said, “He, being a witness, whether he has seen or known, [if he does not speak it, then he shall bear his iniquity] (Lev. 5:1). And if perhaps you [witnesses] would say, “Why should we be guilty of the blood of this man?, was it not said, “When the wicked perish there is rejoicing” (Proverbs 11:10).]
  
  
  
  They used to examine witnesses with seven inquiries:  In what week of years? In what year?  In what month?  On what date in the month?  On what day?  In what hour?  In what place? Rabbi Yose says:  [They only asked:] On what day?  In what hour?  In what place? [Moreover they asked:]  Do you recognize him?  Did you warn him? If one had committed idolatry [they asked the witnesses:]  What did he worship and how did he worship it?
  The more a judge examines the evidence the more he is deserving of praise. Ben Zakkai once checked with regards to the stalks of figs. What is the difference between inquiries and examinations? With regards to inquiries, if one [of the two witnesses] says “I do not know”, their evidence becomes invalid. But if to one of the examinations one answered, “I do not know”, or even if they both answered, “We do not know”, their evidence remains valid. Yet if they contradict each other, whether during the inquiries or examinations, their evidence becomes invalid.
  If one said, “On the second of the month”, and the other said, “On the third”, their evidence remains valid, since one may have known that the month was intercalated and the other may not have known that the month was intercalated. If one said, “On the third” and the other said, “On the fifth”, their evidence is invalid. If one said, “At the second hour”, and the other said, “At the third”, their evidence remains valid. If one said, “At the third hour”, and the other said, “At the fifth”, their evidence becomes invalid. Rabbi Judah says:  “It remains valid.  [But] if one said, ‘At the fifth hour’ and one said ‘At the seventh’, their evidence becomes invalid, since at the fifth hour the sun is in the east and at the seventh it is in the west.
  They afterward bring in the second witness and examine him. If their words were found to agree together they begin [to examine the evidence] in favor of acquittal. If one of the witnesses said, “I have something to argue in favor of his acquittal”, or if one of the disciples said, “I have something to argue in favor of his conviction”, they silence him. If one of the disciples said, “I have something to argue in favor of his acquittal”, they bring him up and set him among them and he does not come down from there all day. If there is anything of substance in his words they listen to him. Even if the accused said, “I have something to argue in favor of my acquittal”, they listen to him, provided that there is substance to his words.
  If they find him not guilty, he is discharged, if not, it [the trial] is adjourned till the following day. During this time they [the judges] go about in pairs, practice moderation in food, drink no wine the whole day, and discuss the case throughout the night. Early next morning they reassemble in court. He who is in favor of acquittal states, ‘I declare him innocent and I stand by my opinion.’ While he who is in favor of condemnation says: ‘I declare him guilty and stand by my opinion.’ One who [previously] argued for conviction may now argue for acquittal, but one who [previously] argued for acquittal may not now argue for conviction. If they have made any mistake, the two judges’ scribes are to remind them. If they find him not guilty, they discharge him. If not, they take a vote. If twelve acquit and eleven condemn, he is acquitted. If twelve condemn and eleven acquit, or if eleven condemn and eleven acquit and one says, ‘I do not know,’ or even if twenty-two acquit or condemn and a single one says, ‘I do not know,’ they add to the judges. Up to what number is the court increased? By twos up to the limit of seventy-one. If thirty-six acquit and thirty-five condemn, he is acquitted. But if thirty-six condemn and thirty-five acquit, the two sides debate the case together until one of those who condemn agrees with the view of those who are for acquittal.
  
  
  
  When the trial is completed he [the condemned] is led forth to be stoned. The place of stoning was outside of the court, as it is says, “Bring out him that has cursed” (Lev. 24:14). A man was stationed at the door of the court with the handkerchiefs in his hand, and a man on a horse was stationed at a distance yet within sight of him. If one says, ‘I have something [further] to state in his favor’, he [the signaler] waves the handkerchief, and the man on the horse runs and stops them. And even if he [the convict] himself says, ‘I have something to plead in my own favor’, he is brought back, even four or five times, providing, however, that there is substance in his assertion. If then they find him innocent, they discharge him. But if not, he goes forth to be stoned, and a herald precedes him [crying]: so and so, the son of so and so, is going forth to be stoned because he committed such and such an offense, and so and so are his witnesses. Whoever knows anything in his favor, let him come and state it.”
  When he is about ten cubits away from the place of stoning, they say to him, ‘confess’, for such is the practice of all who are executed, that they [first] confess, for he who confesses has a portion in the world to come. For so we find in the case of Achan, that Joshua said to him, “My son, pay honor to the Lord, the God of Israel, and make confession to him.  [Tell me what you have done, do not hold anything back from me.” And Achan answered Joshua and said, “It is true, I have sinned against the Lord the God of Israel, and this is what I have done” (Josh. 7:19-20). And how do we know that his confessions made atonement for him? As it says, “And Joshua said, “What calamity have you brought upon us!  The Lord will bring calamity upon you this day” (Josh. 7:35),  [meaning] this day you are a calamity, but you are not to be a calamity in the next world. And if he does not know how to confess, they say to him, “Say, may my death be an expiation for all my sins.” Rabbi Judah said: “If he knows that he is a victim of false evidence, he can say: may my death be an expiation for all my sins but this.” They [the sages] said to him: “If so, everyone will speak likewise in order to clear himself.”
  When he is about four cubits distant from the place of stoning, he is stripped of his clothing. A man is covered in front and a woman both in front and behind, according to Rabbi Judah. But the Sages say: “A man is to be stoned naked and a woman is not to be stoned naked.
  The place of stoning was twice a man's height. One of the witnesses pushed him by the hips, [so that] he was overturned on his heart. He was then turned on his back. If that caused his death, he had fulfilled [his duty]; but if not, the second witness took a stone and threw it on his chest. If he died thereby, he had done [his duty]; but if not, he [the criminal] was stoned by all Israel, for it is says: “The hand of the witnesses shall be first upon him to put him to death, and afterwards the hand of all the people” (Deut. 17:7). All who are stoned are [afterwards] hanged, according to Rabbi Eliezer. But the sages say:  “Only the blasphemer and the idolater are hanged.” A man is hanged with his face towards the spectators, but a woman with her face towards the gallows, according to Rabbi Eliezer. But the sages say: a man is hanged, but not a woman. Rabbi Eliezer said to them: “But did not Shimon ben Shetah hang women at ashkelon?” They said: “[On that occasion] he hanged eighty women, even though two must not be tried on the same day. How is he hanged? The post is sunk into the ground with a [cross-] piece branching off [at the top] and he brings his hands together one over the other and hangs him up [thereby]. R. Jose said: the post is leaned against the wall, and he hangs him up the way butchers do. He is immediately let down. If he is left [hanging] over night, a negative command is thereby transgressed, for it says, “You shall not let his corpse remain all night upon the tree, but you must bury him the same day because a hanged body is a curse against god” (Deut. 21:23). As if to say why was he hanged?   because he cursed the name [of god]; and so the name of Heaven [God] is profaned.
  R. Meir said: “When man suffers, what expression does the shechinah (God’s presence) use?  “My head is too light (a euphemism for heavy) for me, my arm is too light  (a euphemism for heavy)  for me.” If god is so grieved over the blood of the wicked that is shed, how much more so over the blood of the righteous! And not only of this one [a criminal did the sages not to leave him overnight] but whosoever lets his dead lie over night transgresses a negative commandment. If he kept him over night for the sake of his honor, to procure for him a coffin or a shroud, he does not transgress. And they did not bury him [the executed person] in his ancestral tomb, but two burial places were prepared by the court, one for those who were decapitated or strangled, and the other for those who were stoned or burned.
  When the flesh was completely decomposed, the bones were gathered and buried in their proper place. The relatives then came and greeted the judges and witnesses, as if to say, we have no [ill feelings] against you, for you gave a true judgment. And they observed no mourning rites but grieved [for him], for grief is in the heart alone.
  
  
  
  Four deaths have been entrusted to the court: stoning, burning, slaying [by the sword] and strangulation. R. Simeon says: “burning, stoning, strangulation and slaying.” That (the previous chapter) is the manner of stoning.
  The manner in which burning is executed is as follows: They would lower him into dung up to his armpits, then a hard cloth was placed within a soft one, wound round his neck, and the two loose ends pulled in opposite directions, forcing him to open his mouth. A wick was then lit, and thrown into his mouth, so that it descended into his body and burned his bowels. R. Judah says: “Should he have died at their hands [being strangled by the bandage before the wick was thrown into his mouth], they would not have fulfilled the requirements of execution by fire. Rather his mouth was forced open with pincers against his wish, the wick lit and thrown into his mouth, so that it descended into his body and burned his bowels. Rabbi Eleazar ben Zadok said: “It once happened that a priest's daughter committed adultery, whereupon bundles of sticks were placed around her and she was burnt. The Sages said to him:  “That was because the court at that time was not well learned in law.
  Slaying by the sword was performed thus: they would cut off his head by the sword, as is done by the civil authorities. R. Judah says: “This is a disgrace!  Rather his head was laid on a block and severed with an axe. They said to him: “No death is more disgraceful than this.” Strangulation was performed thus: the condemned man was lowered into dung up to his armpits, then a hard cloth was placed within a soft one, wound round his neck, and the two ends pulled in opposite directions until he was dead.
  The following are stoned:He who has sexual relations with his mother, with his father's wife, with his daughter-in-law, with a male; with a beast; a woman who commits bestiality with a beast; a blasphemer; an idolater; one who gives of his seed to molech; a necromancer or a wizard; one who desecrates the Sabbath; he who curses his father or mother; he who commits adultery with a betrothed woman; one who incites [individuals to idolatry]; one who seduces [a whole town to idolatry];  a sorcerer; and a wayward and rebellious son. He who has sexual relations with his mother incurs a penalty in respect of her both as his mother and as his father's wife. R. Judah says:  “He is liable in respect of her as his mother only.” He who has sexual relations with his father's wife incurs a penalty in respect of her both as his father's wife, and as a married woman, both during his father's lifetime and after his death, whether she was widowed from betrothal or from marriage. He who has sexual relations with his daughter-in-law incurs a penalty in respect of her both as his daughter-in-law and as a married woman, both during his son's lifetime and after his death, whether she was widowed from betrothal or from marriage. He who has sexual relations with a male or a beast, and a woman that commits bestiality: if the man has sinned, how has the animal sinned? But because the human was enticed to sin by the animal, therefore scripture ordered that it should be stoned. Another reason is that the animal should not pass through the market, and people say, this is the animal on account of which so and so was stoned.
  The blasphemer is punished only if he utters [the divine] name. Rabbi Joshua b. Korcha said: “The whole day [of the trial] the witnesses are examined by means of a substitute for the divine name:, ‘may Yose smite Yose.” When the trial was finished, the accused was not executed on this evidence, but all persons were removed [from court], and the chief witness was told, ‘State literally what you heard.’ Thereupon he did so, [using the divine name]. The judges then arose and tore their garments, which were not to be resewn. The second witness stated:  “I too have heard thus” [but not uttering the divine name], and the third says: “I too heard thus.”
  He who engages in idol-worship [is executed].  This includes the one whoserves it, sacrifices, offers incense, makes libations, bows to it, accepts it as a god, or says to it, “You are my god.” But he who embraces, kisses it, sweeps or sprinkles the ground before it, washes it, anoints it, clothes it, or puts shoes on it, he transgresses a negative commandment [but is not executed]. He who vows or swears by its name, violates a negative commandment. He who uncovers himself before Baal-Peor  [is guilty and is to be stoned for] this is how it is worshipped. He who casts a stone on Merculis [is guilty and is to be stoned for] this is how it is worshipped.
  He who gives of his seed to Molech is not liable unless he delivers it to Molech and causes it to pass through the fire. If he gave it to Molech but did not cause it to pass through the fire, or he caused it to pass through fire but did not give it to Molech, he incurs no penalty, unless he does both. A Ba'al Ob  is the pithom  who speaks from his armpit. The Yidde'oni is one who speaks from his mouth. These two are stoned; while he who inquires of them transgresses a formal prohibition.
  He who desecrates the Sabbath [is stoned], providing that it is an offence punished by “kareth” if deliberate, and by a sin-offering if unwitting. One who curses His father or his mother is not punished unless he curses them by the divine name. If he cursed them by a nickname,  Rabbi Meir held him liable, but the Sages ruled that he is exempt.
  He who has sexual relations with a betrothed young woman is not punished until she is a young woman, a virgin, betrothed, and in her father's house. If two men had sexual relations with her, the first is stoned, but the second is strangled.
  One who incites [individuals to idolatry] -- this refers to an ordinary person who incites an individual who said, “There is an idol in such and such a place; it eats thus, it drinks thus, it does good [to those who worship it] and harm [to those who do not].” For all who are liable for the death penalty according to the Torah no witnesses are hidden to entrap them, excepting for this one. If he said [these things] to two, they themselves are witnesses against him, and he is brought to court and stoned. But if he said [these things] to one, he should reply, “I have friends who wish to do so likewise [come and propose it to them too].” But if he was cunning and declined to speak before them, witnesses are hidden behind a partition, while he [who was incited] says to him, make your proposal to me now in private. When the inciter says to him (repeats to him what he had already said), the other replies, “How can we abandon our God in heaven to go and serve wood and stones?” Should he retract, it is well. But if he answers, “It is our duty [to worship idols], and is seemly for us”, then the witnesses stationed behind the partition take him to court, and have him stoned. He who incites [individuals to idolatry is one who] is one who says, “I will worship it”, or, “I will go and worship”, or, “let us go and worship”; or, “I will sacrifice [to it]”, “I will go and sacrifice”, “let us go and sacrifice”; “I will burn incense, “I will go and burn incense”; “let us go and burn incense”; or “I will make libations to it”, “I will go and make libations to it”, “let us go and make libations”; “I will prostrate myself before it”, “I will go and prostrate myself”, “let us go and prostrate ourselves”. One who seduces [a whole town to idolatry] is one who says, “Let us go and serve idols”.
  A sorcerer, if he actually performs magic, is liable [to death], but not if he merely creates illusions. Rabbi Akiva says in Rabbi Joshua's name: “If two are gathering cucumbers [by magic] one may be punished and the other exempt:  he who really gathers them is punished: while he who produces an illusion is exempt.”
  
  
  
  A wayward and rebellious son:  at what age does he become liable [to be stoned]? From the time that he produces two hairs until the beard is full by which is meant the hair of the genitals, not that of the face, but the Sages used euphemisms , for it says, “If a man has a son” (Deut. 21:18) a son, but not a daughter; ‘a son’, but not an adult man. The minor is exempt, since he does not come within the scope of the commandments.
  When does he become liable [to be stoned]? Once he has eaten a tartemar of meat and drunk half a log of wine. Rabbi Yose said: “A maneh of meat and a log of wine. If he ate it in a company [celebrating] a religious act; or at a gathering for the purpose of intercalating the month; if he ate the second tithe in Jerusalem; if he ate the carrion or terefoth (meat that was not slaughtered in a kosher fashion), abominable and creeping things, or untithed produce, or the first tithe from which terumah had not been separated,  or unredeemed second tithe,  or unredeemed sacred food; if his eating involved a religious act or a transgression; if he ate any food but did not eat meat or drank any drink but did not drink wine, he does not become a ‘stubborn and rebellious son, unless he eats meat and drinks wine, for it is written, “This our son is stubborn and rebellious, he will not obey our voice;] he is a glutton and a drunkard” (Deut. 21:20). Although there is no clear proof for this, there is at least a hint, as it is says, “Do not be among wine drinkers, among gluttonous meat eaters of flesh (Proverbs 23:20).
  If he stole from his father and ate it on his father’s property, or of strangers and ate it on the property of the strangers, or of strangers and ate on his father’s property, he does not become a “wayward and rebellious son,”   until he steals from his father and eats on other’s property. Rabbi Yose bar Yehudah said: “Until he steals from his father and mother.”
  If his father wants [to have him punished], but not his mother; or his father does not want [to have him punished] but his mother does, he is not treated as a ‘wayward a rebellious son’, unless they both desire it. Rabbi Judah said:  “If his mother is not fit for his father, he does not become a ‘wayward and rebellious son”. If one of them [his father or his mother] had a hand cut off, or was lame, mute, blind or deaf, he cannot become a “wayward and rebellious son”, because it says “his father and mother shall take hold of him” (Deut. 21:19)   not those with a hand cut off; “and bring him out”, not lame parents; “and they shall say”, and not mute parents; “this our son”, and not blind parents; “he will not obey our voice” (Deut. 21:20), and not deaf parents. He is warned in the presence of three and beaten. If he transgresses again after this, he is tried by a court of twenty three. He cannot be sentenced to stoning unless the first three are present, because it says, “this our son” (Deut. 21:20), [implying], this one who was whipped in your presence. If he [the rebellious son] fled before his trial was completed, and then his pubic hair grew in fully, he is free. But if he fled after his trial was completed, and then his pubic hair grew in fully, he remains liable.
  A “wayward and rebellious son” is judged on account of his outcome: let him die innocent and let him not die guilty. For the death of the wicked benefits themselves and the world; [and the death] of the righteous, injures themselves and the world d. Wine and sleep of the wicked benefit themselves and the world; of the righteous, injure themselves and the world The scattering of the wicked benefits themselves and the world; of the righteous, injures themselves and the world. The assembling of the wicked injures themselves and the world; of the righteous, benefits themselves and the world. The tranquillity of the wicked injures themselves and the world; of the righteous, benefits themselves and the world.
  [The thief] who burrows his way in [to someone’s home] is judged on account of his outcome. If he burrowed his way in and broke a jug, should there be blood-guiltiness for him,  he must pay [for the jug], but if there is no blood-guiltiness for him, he is not liable.
  The following can be saved [from sinning] even at the cost of their lives: he who pursues after his neighbor to slay him, [or] after a male [to rape him], [or] after a betrothed maiden [to rape her]. But he who pursues after an animal [to have relations with it], or one who would violate the Sabbath, or commit idolatry, must not be saved [from sinning] at the cost of his life.
  
  
  
  The following are burnt: he who has sexual relations with a woman and her daughter, and a priest's adulterous daughter. There is included in [the prohibition of having relations with] a woman and her daughter his own daughter, his daughter’s daughter, his son's daughter, his wife's daughter and the daughter of her daughter or son, his mother-in-law, her mother, and his father-in-law's mother. The following are decapitated: a murderer, and the inhabitants of a city subverted into worshipping idols. A murderer who slew his fellow with a stone or iron, or kept him down under water or in fire, so that he could not get out of there, is executed. If he pushed him into water or fire, but he could get out of there , yet he died, he is not liable [for the death penalty]. If he set a dog or a snake against him [and they killed him], he is free from death. If he caused a snake to bite him, Rabbi Judah ruled that he is liable [for the death penalty] and the Sages, that he is not. If a man struck his fellow, whether with a stone or with his fist, and they [the experts] declared that he would die, but then its effect lessened [so that it was thought that he would live], only to increase subsequently, so that he died   he is liable. Rabbi Nehemiah said that he is exempt, since there is a strong possibility [that he did not die as a result of his injuries].
  If he intended to kill an animal but killed a man, or [he intended to kill] a non-Jew and he killed an Israelite, or [if he intended to kill]  a prematurely born child [who was bound to die in any case] and he killed a viable child, he is not liable. If he intended to strike him on his loins, and the blow was insufficient to kill [when struck] on his loins, but struck the heart instead, where it was sufficient to kill, and he died he is not liable. If he intended to strike him on the heart, where it was sufficient to kill but struck him on the loins, where it was not sufficient to kill, and yet he died, he is not liable. If he intended to strike an adult, and the blow was insufficient to kill [an adult], but the blow landed on a child, whom it was enough to kill, and he died, he is not liable. If he intended to strike a child with a blow sufficient to kill a child, but struck an adult, for whom it was insufficient to kill, and yet he died, he is not liable. But if he intended to strike his loins with sufficient force to kill, but struck the heart instead, he is liable. If he intended to strike an adult with a blow sufficient to kill an adult, but struck a child instead, and he died, he is liable. Rabbi Shimon said:  “Even if he intended to kill one but killed another, he is not liable.
  If a murderer became mixed up with others, they are all exempted [from the death penalty]. R. Judah said: they are placed in a cell. If a number of persons condemned to different types of sentences became mixed with one another, they are executed by the most lenient. If criminals condemned to stoning [became mixed up] with others condemned to burning, Rabbi Shimon said: they are stoned, because burning is severer. But the sages say they are burned, because stoning is severer. Rabbi Shimon said to them:  “If burning was not severer, it would not be decreed for a priest's adulterous daughter.” They replied: “If stoning was not severer, it would not be the penalty of a blasphemer and an idolater.” If men condemned to decapitation became mixed up with others condemned to strangling, Rabbi Shimon said:  “They are [all] decapitated.” The sages say: “They are [all] strangled.”
  He who incurs two death penalties imposed by the court is executed by the severer. If he committed one sin for which a twofold death penalty is incurred, he is executed by the severer. R. Jose says:  “He is judged according to the first penalty which was placed upon him.”
  He who was flogged and then flogged again [for two transgressions, and then sinned again,] is placed by the court in a cell and fed with barley bread, until his stomach bursts. One who commits murder without witnesses is placed in a cell and [forcibly] fed with bread of adversity and water of affliction.
  If one steals the sacred vessel called a “kasvah” (Numbers 4:7), or cursed by the name of an idol, or has sexual relations with an Aramean (non-Jewish) woman, he is punished by zealots. If a priest performed the temple service while impure, his fellow priests do not bring him to the court, but rather the young priests take him out into the courtyard and split his skull with clubs. A layman who performed the service in the Temple: Rabbi Akiva says: “He is strangled.” But the Sages say:  “[His death is] at the hands of heaven.”
  
  
  
  All Israel  have a portion in the world to come, for it says, “Your people, all of them righteous, shall possess the land for ever; They are the shoot that I planted, my handiwork in which I glory” (Isaiah 60:21). And these are the ones who have no portion in the world to come: He who maintains that resurrection is not a biblical doctrine, that the torah was not divinely revealed, and an epikoros. Rabbi Akiva says:  “Even one who reads non-canonical books and one who whispers [a charm] over a wound and says, “I will not bring upon you any of the diseases which i brought upon the Egyptians: for I the lord am you healer” (Exodus 15:26). Abba Shaul says: “Also one who pronounces the divine name as it is spelled.”
  Three kings and four commoners have no portion in the world to come:The three kings are Jeroboam, Ahab, and Manasseh. Rabbi Judah says: “Manasseh has a portion in the world to come, for it says, “He prayed to him, and He granted his prayer, and heard his plea and he restored him to Jerusalem, to his kingdom” (II Chronicles 33:13). They [the sages] said to him:  “They restored him to his kingdom, but not to [his portion in] the world to come.” The four commoners are: Bilaam, Doeg, Ahitophel, and Gehazi.
  The generation of the flood has no portion in the world to come, nor will they stand at the [last] judgment, as it says, “[And the Lord said,] my spirit will not always enter into judgment with man” (Genesis 6:3), [meaning] there will be neither judgment nor [my] spirit for them. The generation of the dispersion have no portion in the world to come, as it says, “So the Lord scattered them from there upon the face of all the earth” (Genesis 11:8): “So the lord scattered them”, refers to this world, “And from there the Lord scattered them” (Genesis 11:9), refers to the world to come. The men of Sodom have no portion in the world to come, as it says, “And the men of Sodom were wicked and great sinners before the Lord” (Genesis 13:1:  “wicked” in this world, and “sinners” in the world to come; Yet will they stand at judgment. R. Nehemiah says: “Neither [the generation of the flood nor the men of Sodom] will stand at judgment, as it says, “Therefore the wicked shall not stand in judgment, nor sinners in the congregation of the righteous” (Psalms 1:5) “Therefore the wicked shall not stand in judgment”, refers to the generation of the flood; “nor sinners in the congregation of the righteous”, refers to the men of Sodom. They [the Sages] said to him: “They will not stand in the congregation of the righteous, but they will stand in the congregation of the wicked.” The spies have no portion in the world to come, as it says, “And those men that spread such calumnies about the land, died by the plague before the lord” (Numbers 14:37):  “[they] died”   in this world, “by the plague”   in the world to come. The generation of the wilderness have no share in the world to come and will not stand at the [last] judgment, as it says, “In this wilderness they shall be consumed, and there they shall die” (Numbers 14:3,  according to the words of Rabbi Akiba. Rabbi Eliezer says: “Concerning them it is said, ‘Bring in My devotees, who made a covenant with Me over sacrifice” (Psalms 50:5). The congregation of Korah is not destined to ascend [from the earth], as it says, “And the earth closed upon them”  in this world, “and they perished from among the congregation” (Numbers 16:33)   in the world to come, according to the words of Rabbi Akiba. Rabbi Eliezer says: “Concerning them it is said,  ‘The Lord kills and makes alive: He brings down to Sheol, and brings up” (I Samuel 2:6). The ten tribes will not return [to the Land of Israel], for it is said, “And He cast them into another land, as is this day” (Deuteronomy 29:2: just as the day goes and does not return, so they too went and will not return: according to the words of Rabbi Akiba. Rabbi Eliezer says: “‘As is this day’   just as the day darkens and then becomes light again, so the ten tribes   even as it went dark for them, so will it in the future become light for them.
  The inhabitants of a city seduced into worshipping idols have no portion in the world to come, as it says, “Certain men, wicked persons, have gone out from among you and seduced the inhabitants of their town” (Deuteronomy 13:14). They are not executed unless the seducers are of that city and that tribe, and until the majority of the city are seduced, and the seducers are men. If women or minors seduced it, or if a minority of the city were seduced, or if the seducers were from outside the city, they are treated as individuals, and therefore two witnesses and a formal warning are necessary for each [offender]. In this [the penalty of] individuals is severer than [that of] the multitudes, for individuals are stoned, therefore their property is saved; but the multitudes are decapitated; hence their possessions are destroyed.
  “You shall surely smite the inhabitants of that city with the edge of the sword” (Deut. 13:16):  a company of donkey-drivers or camel-drivers passing from place to place saves the city. “Doom it and all that is in it” (ibid.):  From here they said that the property of the righteous, which is within [the city] is destroyed, but that which is outside of the city is saved, while that of the wicked, whether in or outside of the city, is destroyed.
  “And you shall gather all its spoil into the public square” (Deut. 13:17):  if it had no public square, one is made for it; if the public square was outside of [the city], it is brought within it. “And you shall burn with fire the city, and all its spoil as a whole burnt offering for the Lord your God” (ibid.):  “And all its spoil”, but not the spoil of heaven. From here they said, the holy objects in the city must be redeemed and the heave offerings (terumoth) allowed to rot; and the second tithe and the sacred writings hidden. “A whole burnt offering for the Lord your God”:   Rabbi Shimon said:  “The holy Blessed One declared, ‘If you execute judgment upon the seduced city, I will ascribe merit to you as though you had sacrificed to me a whole offering.’” “And it shall remain an everlasting ruin, never to be rebuilt”: it may not be made even into gardens and orchards, according to the words of Rabbi Yose the Galilean. Rabbi Akiva says: “Never to be rebuilt”: it may not be built as it was, but it may be made into gardens and orchards. “Let nothing that has been doomed stick to your hand, in order that the Lord may turn His blazing anger and show you compassion” (Deut. 13:18):  as long as the wicked exist in the world, there is blazing anger in the world; when the wicked perish from the world, blazing anger disappears from the world.
  
  
  
  The following are strangled: One who strikes his father or mother; One who kidnaps a Jew; An elder who rebels against the ruling of the court; A false prophet; One who prophesies in the name of an idol; One who commits adultery; Witnesses who testified falsely [to the adultery of] a priest’s daughter, and the one who has had sexual relations with her. The one who strikes his father or his mother is liable only if he wounds them. In this respect, cursing is more stringent than striking, for one who curses [his/her parents] after death is liable, while one who strikes them after death is not. One who kidnaps a Jew is not liable unless he brings him onto his own property. Rabbi Judah said: “Until he brings him onto his own property and puts him to service, as it says, “If a man is found to have kidnapped a fellow Israelite, enslaving him or selling him” (Deut. 24:7). If he kidnaps his own son.   Rabbi Ishmael the son of Rabbi Yohanan ben Beroka declares him liable, but the Sages exempt [him]. If he kidnapped one who was half a slave and half free,     Rabbi Judah declares him liable, but the Sages exempt [him].
  An elder rebelling against the ruling of the court [is strangled],  for it says, “If there arise a matter too hard for you for judgement […you shall promptly repair to the place that the Lord your God will have chosen, and appear before the levitical priests, or the magistrate in charge at the time, and present your problem.  When they have announced to you the verdict in the case, you shall carry out the verdict that is announced to you from that place that the Lord chose, observing scrupulously all their instructions to you.  You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left.  Should a man act presumptuously and disregard the priest charged with serving there the Lord your God, or the magistrate, that man shall die” (Deut. 17:8-13, JPS translation). Three courts of law were there, one situated at the entrance to the Temple mount,   another at the door of the [Temple] court,  and the third in the Chamber of Hewn Stone. They [first] went to the court which is at the entrance to the Temple mount, and he [the rebellious elder] stated, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this first court] had heard [a ruling on the matter], they state it. If not, they go to the [second court] which is at the entrance of the Temple court, and he declares, “Thus have I expounded and thus have my colleagues expounded; thus have I taught, and thus have my colleagues taught.” If [this second court] had heard [a ruling on the matter] they state it; if not, they all proceed to the great court of the Chamber of Hewn Stone from whence instruction issued to all Israel, for it says, [you shall carry out the verdict that is announced to you] from that place that the Lord chose (Deut. 17:10). If he returned to his town and taught again as he did before, he is not liable. But if he gave a practical decision, he is guilty, for it says, “Should a man act presumptuously” (Deut. 17:12) he is liable only for a practical ruling. But if a disciple gave a practical decision [opposed to the court], he is exempt:   thus his stringency is his leniency.
  There is greater stringency in respect to the teachings of the scribes than in respect to the torah:  [thus,] if [a rebellious elder] says, there is no commandment of tefillin, so that a biblical law may be transgressed, he is exempt. [But if he rules that the tefillin must contain] five compartments, thus adding to the words of the scribes, he is liable.
  He [the rebellious elder] was executed neither by his local court nor by the court at Yavneh, but rather was taken to the great court in Jerusalem and kept there until the [next] festival  and executed on the festival, for it says, “And all the people shall hear and fear, and do no more presumptuously” (Deut. 17:13), according to the words of Rabbi Akiba. Rabbi Judah says:  “His judgment must not be delayed, but he is executed immediately, and proclamations are written and sent by messengers to all places, “So and so has been sentenced to death at the court.”
  ‘A false prophet’; he who prophesies what he has not heard, or what was not told to him,  is executed by man. But he who suppresses his prophecy, or disregards the words of a prophet, or a prophet who transgresses his own word , his death is at the hands of heaven, as it says, “[And if anybody fails to heed the words he speaks in my name] I Myself will call him to account (Deut. 18:19).
  “He who prophesies in the name of an idol”:  this is one who says, “Thus has the idol declared” even if he directed the teaching to declare the unclean, unclean, or the clean, clean. “One who has sexual relations with a married woman” after her entry into her husband’s home for marriage, though she did not have sexual relations with her husband, the one who has relations with her is strangled. “Witnesses who testified falsely [to the adultery of] a priest’s daughter, and the one who has had sexual relations with her”, for all false witnesses are led forth to meet the same death [which they sought to impose,] save witnesses who testified falsely [to the adultery of] a priest’s daughter, and the one who has had sexual relations with her.