TheBabylonianTalmudBook8 - Vols.XvXvi-Tr.ByMichaelL.Rodkinson1918.pdf

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The Babylonian Talmud: Tract Sanhedrin
Section Jurisprudence (Damages)
translated by Michael L. Rodkinson
BOSTON, THE TALMUD SOCIETY
[1918]
Title Page
NEW EDITION
OF THE
BABYLONIAN TALMUD
Original Text, Edited, Corrected, Formulated, and Translated into English
by
MICHAEL L. RODKINSON
SECTION JURISPRUDENCE (DAMAGES)
TRACT SANHEDRIN
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Volumes VII. and VIII. (XV. and XVI.)
BOSTON
THE TALMUD SOCIETY
[1918]
scanned at sacred-texts.com, Feb-July 2002, J.B. Hare, redactor
p. ii
EXPLANATORY REMARKS
In our translation we adopted these principles:
1. Tenan of the original--We have learned in a Mishna; Tania --We have learned in a
Boraitha; Itemar --It was taught.
2. Questions are indicated by the interrogation point, and are immediately followed by the
answers, without being so marked.
3. When in the original there occur two statements separated by the phrase, Lishna achrena
or Waïbayith Aena or Ikha d'amri (literally. "otherwise interpreted"), we translate only the
second.
4. As the pages of the original are indicated in our new Hebrew edition, it is not deemed
necessary to mark them in the English edition, this being only a translation from the latter.
5. Words or passages enclosed in round parentheses denote the explanation rendered by
Rashi to the foregoing sentence or word. Square parentheses contain commentaries by
authorities of the last period of construction of the Gemara.
p. iii
TO HIM WHO RANKS AMONG THE FIRST PHILANTHROPISTS OF OUR CO-
RELIGIONISTS
ABRAHAM ABRAHAM, ESQ.
IN RECOGNITION OF HIS GENEROUS DEEDS TOWARD PROMOTING
LITERATURE IN GENERAL AND JUDAISM IN PARTICULAR, THIS BOOK IS
MOST RESPECTFULLY DEDICATED BY THE TRANSLATOR
MICHAEL L. RODKINSON
NEW YORK
IN THE MONTH OF ELUL,
5662 (SEPTEMBER 18TH, 1902)
p. v
A WORD TO THE READER.
MANY books have been written by the scientists of the last century, and many lengthy
articles have appeared in the various periodicals, concerning the Jewish high court, and this
tract, which, if extracts were given, would make an entire bulky volume in itself. However,
we deem it best to give the reader the information where these are to be found. The time
during which the Sanhedrin were established is the main topic of their discussions. Zunz,
for instance, gives the time from King Simeon of the Maccabees. Jost states that it was
from the period of Hyrcan. And an anonymous writer in "Israelitische Annalen," Vol. I.,
pp. 108-134, maintains that they were established at an exceedingly earlier date, and that
the Greek name "Sanhedrin" was changed during the time of the second Temple. At all
events, Schürer, in his "Jüdische Geschichte," wrote a lengthy article on this subject, in Vol
II., from p. 188 to 240 (where there is to be found a bibliography of the subject),
concluding with his opinion that the high court began at an earlier time. Z. Frankel, too, in
his article, "Der gerichtliche Beweis," Berlin, 1848, claims that the establishment of the
jury in the entire civilized world was taken from the Sanhedrin. All this was written in
Germany. An English book by Rabbi Mendelsohn also treats upon this topic. We, too, will
have something to say concerning this in our forthcoming "History of the Talmud." We are
inclined, in many respects, however, to accept the opinion of Reifmann, given in his
Hebrew book, "Sanhedrin," Warsaw, 1888. He says that courts were even established in the
days of Noah, the judges of which were Shem, Abraham, Isaac, and Amram, continuing
until Moses. He, in turn, established a court of seventy judges, and from that time the
Supreme High Court was of that number (seventy-one, including Moses), and thereafter
supreme courts of twenty-three, and courts of three, were established at all times, and
wherever the Jews resided; the sages of the second Temple naming these courts "great" and
"small" Sanhedrin. Reifmann's reasons are gathered from the post-biblical literature, and
are based upon the Bible. According to him, the three judges had to decide civil cases only,
the twenty-three, criminals
p. vi
and capital punishments, and the seventy-one were a political body, who were to decide
also the great events; as, for instance, an entire tribe, or the princes and heads of tribes. We,
however, would say that the court of three had also to decide criminal cases to which
capital punishment did not apply. So it seems to us, from this tract, p. 212 of the Talmud,
that a stubborn and rebellious son was punished with stripes by a court of three, before
being finally sentenced to death by the court of twenty-three.
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Reifmann also quotes from "Midrash Aggada," that before prophesying a prophet was
obliged to get permission from the Sanhedrin, who previously tried him whether he was a
true prophet or not We may here add that this contradicts the Talmud, for it says that to
recognize a true prophet was by demanding a sign, p. 260, and if the prophet would have
been obliged to get the permission of the Sanhedrin, this would certainly be mentioned in
the Talmud instead.
This is as much as we have to say in regard to the time and name, and that the Sanhedrin
ceased about forty years previous to the destruction of the Temple. At the same time we
would call the attention of the readers to the fact that this tract distinguishes itself from all
others in Halakha as well as in Haggada. Aside from the many strange explanations of the
verses of Scripture, which are not used in other extracts, it says plainly that there are
numerous laws written in the Pentateuch which have never occurred, and never will occur,
but that they were written merely for study. The Haggada also distinguishes in taking the
power to judge upon the Bible personages if they are to have a share in the world to come,
and also in criticism of their acts, even of the most holy of them. This is self-evident that
the later commentaries, and especially the cabbalists, interpreted the Haggada after their
ways. We, however, have translated it almost literally, with an effort to make it in some
respects intelligible to the general reader, and have also added footnotes, where we deemed
it necessary. And we may say that the real student will find much pleasure if he will devote
his special attention to this tract.
For this purpose we have made from this celebrated tract a double volume, as we deem it
will please the readers and the students, and will also equalize the size of the volumes.
M. L. R.
September 16, 1902.
p. v
CONTENTS.
A WORD TO THE READER p. v
SYNOPSIS OF SUBJECTS p. xi
CHAPTER I.
RULES AND REGULATIONS CONCERNING THE APPOINTMENT OF JUDGES IN
CIVIL AND CRIMINAL CASES. WHICH ARE CONSIDERED CIVIL AND WHICH
CRIMINAL. HOW MANY ARE NEEDED TO THE INTERCALATION OF A YEAR
AND OF MONTHS; TO APPRAISE CONSECRATED REAL ESTATE AS WELL AS
MOVABLE PROPERTIES; AND IF AMONG THE APPRAISERS MUST BE PRIESTS,
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AND IF SO HOW MANY. THE NUMBER OF PERSONS NEEDED TO ADD TO THE
CITY FROM THE SUBURBS OF JERUSALEM. WHAT MAJORITY IS NEEDED TO
ACCUSE AND WHAT TO ACQUIT. HOW MANY PEOPLE MUST BE IN A CITY
THAT A COURT OF TWENTY-THREE JUDGES SHOULD BE ESTABLISHED 1
CHAPTER II.
RULES AND REGULATIONS CONCERNING THE HIGH-PRIEST: IF HE MAY
JUDGE AND BE JUDGED, BE A WITNESS AND BE WITNESSED AGAINST; THE
LAWS REGARDING A DEATH OCCURRING IN HIS FAMILY AND THE CUSTOM
OF THE CONDOLENCE. THE SAME RULES CONCERNING A KING.
REGULATIONS AS TO WHAT A KING MAY AND MAY NOT ALLOW HIMSELF:
HOW MANY WIVES AND HOW MANY STABLES FOR HORSES HE MAY HAVE;
HOW HE MUST BE RESPECTED AND FEARED BY HIS PEOPLE, ETC. 43
CHAPTER III.
RULES AND REGULATIONS CONCERNING THE QUALIFICATION OR
DISQUALIFICATION OF JUDGES AND WITNESSES WHO MAY DECIDE UPON
STRICT LAW AND WHO IN ARBITRATION. WHEN A REJECTION AGAINST
JUDGES AND WITNESSES MAY OR MAY NOT TAKE PLACE. OF RELATIVES
THAT ARE DISQUALIFIED AND THOSE THAT ARE NOT. HOW THE WITNESSES
SHOULD BE EXAMINED IN CIVIL CASES. UNTIL WHAT TIME NEW EVIDENCE
MAY OR MAY NOT AFFECT A DECISION RENDERED 64
p. viii
CHAPTER IV.
RULES AND REGULATIONS CONCERNING EXAMINATIONS AND CROSS-
EXAMINATIONS OF WITNESSES IN CIVIL AND CRIMINAL CASES. THE
DIFFERENCE IN JUDGING AND IN DISCUSSIONS BETWEEN CIVIL AND
CRIMINAL CASES. HOW THE MEMBERS OF THE SANHEDRIN WERE SEATED.
HOW MANY RECORDING SCRIBES WERE NEEDED. HOW JUDGES WERE
ADDED IF NEEDED, AND FROM WHAT PEOPLE. HOW WITNESSES SHOULD BE
FRIGHTENED IN CRIMINAL CASES. THE REASON WHY ADAM THE FIRST WAS
CREATED SINGLY. 97
CHAPTER V.
RULES AND REGULATIONS CONCERNING PRELIMINARY QUERIES,
EXAMINATION, AND CROSS-EXAMINATION IN CRIMINAL CASES. WHAT MAY
OR MAY NOT BE CONSIDERED A CONTRADICTION OF WITNESSES. HOW IS IT
IF A DISCIPLE NOT BELONGING TO THE JUDGES SAYS: "I HAVE SOMETHING
TO SAY TO HIS ADVANTAGE OR DISADVANTAGE"? BY WHAT MAJORITY ONE
MAY BE ACQUITTED AND BY WHAT ACCUSED; AND TO WHAT NUMBER
JUDGES MAY BE ADDED, IF THEY CANNOT COME TO ANY CONCLUSION 115

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