TREATISE IX.
What is a Child?—Offerings—Crooked and Straight—Remission of Vows—Persons unsuitable for the World—Laying on of Hands—Baptisms—Defilements—Purity—Vessels of the Sanctuary.
CHAPTER I.
1. All are bound to appear in the Temple, except the deaf, an idiot, and a child, and an eunuch, and women, and slaves who are not free, and the lame, and the blind, and the sick, and the aged, and the man who cannot go afoot. "What is a child?" "Every one who cannot ride on the shoulder of his father, and go up from Jerusalem to the Mountain of the House." The words of the school of Shammai. But the school of Hillel say, "every one who cannot grasp his father's hand, and go up from Jerusalem to the Mountain of the House," as is said, "three times." 22. The school of Shammai say, "the appearance in the Temple is with two pieces of silver, and the peace-offering with a meah of silver." 3 But the school of Hillel say, "the appearance is with a meah of silver, and the feast offering with two pieces of silver."
3. The burnt offerings of the appointed feasts come from ordinary money; but the peace-offering from tithes. "The offerings on the first holiday of the passover?" 4 The school of Shammai say, "from ordinary money," but the school of Hillel say, "from tithes."
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4. Israelites discharge their duty with vows, with freewill offerings, and with tithes of animals; and priests with sin-offerings, with trespass-offerings, and with the breast and shoulder, and first-born, but not with fowls, nor with meat-offerings.
5. "If one have a large family and small income?" "He must bring more peace-offerings, and less burnt-offerings." "If a small family and large income?" "He must bring more burnt-offerings, and less peace-offerings." "If both be small?" "Of this they say, a silver meah, and two pieces of silver are sufficient." "If both be large?" "Of this it is said, every man shall give as he is able according to the blessing of the Lord thy God which He hath given thee." 1
6. When one did not bring his peace-offering on the first holiday of the feast, he may bring it during the holidays, and even on the last day of the feast. "If the feast passed over, and he did not bring the peace-offering?" "He is not obliged to bring it." For this it is said, "that which is crooked cannot be made straight, and that which is wanting cannot be numbered." 2
7. Rabbi Simon the son of Menasia said, "if thou shalt say, a thief or a robber, he may return and become straight." R. Simon the son of Jochai said, "we do not call one crooked, save one straight at first, and he became afterwards crooked; and this is the disciple of the wise, who departs from the Law."
8. The remission of vows is like flying in the air, and it has no foundation. The decisions for the Sabbath, peace-offerings, and trespasses, are as mountains hanging on a hair; because the verse is small but the decisions are many. Jurisprudence, and the Temple service, cleanness and uncleanness, and illegal connections, have their own foundations; they, they are the body of the law.
Footnotes
169:1 The feast offering (chagiga) was the offering of individual worshippers, and was quite distinct from the sacrifices of the whole congregation. See Treatise on the Passover, vi. 4 (note).169:2 Exod. xxiii. 14.
169:3 Worth perhaps 3d.
169:4 Jer. Tal. says "Tabernacles."
170:1 Deut. xvi. 17.
170:2 Eccl. i. 15.
CHAPTER II.
1. Men may not discourse on illegal connections with three, 1 nor on the work of creation with two, 2 nor on the cherubs with one, 3 save when one is wise, and comprehends it of his own knowledge. Every one who considers four things, it were suitable for him that he did not come into the world. What is in the height? what is in the depth? what is before? and what is behind? And every one who is not anxious for the honour of his Creator, it were suitable for him that he did not come into the world.2. José the son of Joezar said that "one is not to lay his hand on the offering." José the son of Jochanan said, "he is to lay his hand on the offering." Joshua the son of Perachia said, that he "is not to lay on his hand." Nittai the Arbelite said, "he is to lay on his hand." Judah the son of Tabai said, that "he is not to lay on his hand." Simon the son of Shatach said, "he is to lay on his hand." Shemaiah said, "he is to lay on his hand." Abtalion said, "he is not to lay on his hand." Hillel and Menachem did not dispute. Menachem went out and Shammai entered. Shammai said, "he is not to lay on his hand." Hillel said, "he is to lay on his hand." 4 The first were Princes, and the second were Presidents of the Tribunal.
3. The school of Shammai said, "men may bring peace-offerings during the feast, but they are not to lay their hands on them, and they are not to bring burnt-offerings." But the house of Hillel say, "they may bring peace-offerings, and burnt-offerings, and lay their hands on them."
4. "When Pentecost happens to be on the eve of the Sabbath?" The school of Shammai say, "the day of slaughtering the offering is after the Sabbath." But the
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school of Hillel say, "there is no day of slaughtering after the Sabbath." But they both acknowledge that if it happened to be on the Sabbath, the day of slaughter is after the Sabbath. And the high priest must not robe in his vestments, though they are allowed in seasons of mourning and fasting, for fear of confirming the words of those who say that "Pentecost is after the Sabbath." 1
5. Men must wash their hands for ordinary eating, but for tithes and for the heave-offering they must be baptized. And for the sin-offering, if the hands be unclean, the body is unclean.
6. He who baptized himself for ordinary eating, and indicated it to be for ordinary eating, he is prohibited from (eating) the tithe. "If he baptized for the tithe, and indicated it to be for the tithe?" "He is prohibited from eating heave-offerings." "If he baptized for heave-offerings, and indicated it to be for heave-offerings?" "He is prohibited from eating the holy flesh." "If he baptized for the holy flesh, and indicated it to be for the holy flesh?" "He is prohibited from the sin-offering." "If he baptized for the weighty?" "He is permitted the light" "If he baptized, and did not indicate his intention?" "It is as no baptism."
7. Treading on the garments of an ordinary man defiled the Pharisees. Treading on the garments of the Pharisees defiled those who eat the heave-offering. Treading on the garments of those who eat the heave-offering defiled for the holy flesh. Treading on the garments of those who eat the holy flesh defiles for the sin-offering. Joseph the son of Joezer was the most pious of the priesthood, and treading on his cloak defiled for the holy flesh. Jochanan the son of Gudgada used to eat with the purification for the holy flesh all his life; and treading on his cloak defiled for the sin-offering.
Footnotes
171:1 From motives of delicacy.171:2 This must be done only by one Deut. iv. 32).
171:3 Ezek. x.; Isaiah vi.
171:4 This decision is for private sacrifices, but for public sacrifices there seems (according to the Talmud) to have been no "laying on of hands," except in the case of the scapegoat and the bullock, when the congregation had sinned through ignorance.
172:1 i.e. The Sadducees (Lev. xxiii. 15).
CHAPTER III.
1. There are more weighty rules for holy things, than for the heave-offering. Because vessels may be baptized in vessels for the heave-offering, but not for holy things. The outside and inside and handle (are reckoned separately) for the heave-offering, but not for holy things. He who carries that which defiles by treading upon it, may carry the heave-offering but not the holy flesh. Treading on the garments of those who eat the heave-offering defiles for the holy flesh. The measure of the holy flesh is not as the measure of the heave-offering. Because for the holy flesh one must loose his garments and dry himself, and baptize and afterwards bind them up. But in the heave-offering he can bind them up and afterwards baptize himself.2. Vessels completed in purity must be baptized for holy things, but not for the heave-offering. A vessel unites whatever is inside to holy things, but not to the heave-offering. The fourth degree of legal uncleanness 1 is disallowed in holy things, and the third degree in the heave-offering. In the heave-offering, if one of the hands be unclean, its fellow may be clean, but in holy things one must baptize both hands; because each renders its fellow unclean for holy things, but not for the heave-offering.
3. Men may eat with unwashen hands the dry meat of the heave-offering, but not the holy flesh. The first day mourner, and he who failed in atonement, have need of baptism for the holy flesh, but not for the heave-offering.
4. There are weighty rules for the heave-offering, because in Judah men are credited with the purity of wine and oil during the whole year. And in the time of wine-pressing and oil-pressing (men are credited) even for the
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heave-offering. When the time for wine and oil pressing has passed over, and a barrel of wine is brought for the heave-offering, it must not be received. But one may let it stand over for the wine-pressing next year. But if one said, "I put into it a quarter log of holy wine," it is credited. "Jugs of wine and jugs of oil which are mixed?" "They are credited in the time of wine-pressing and oil-pressing, and seventy days before that time."
5. From Modiyith 1 and inwards, 2 men are credited for the purity of earthen vessels. From Modiyith and outwards they are not credited. "How?" "The potter, when he is selling pots, comes inwards from Modiyith." One says, "this is the potter," and "these the pots," and "these the purchasers," "it is credited." "When he went outwards?" "It is not credited."
6. The tax-gatherers when they enter the house, and also the tax-gatherers when they restore the vessels, are credited in saying, "we did not touch them." And in Jerusalem they are credited in holy things (that they did not defile them), and at the time of the feast they are credited even in the heave-offering.
7. "He who opened his barrel of wine, 3 and commenced with his dough for the use of the feast?" R. Judah said, "he may finish it" (after the feast). But the Sages say, "he must not finish it." When the feast was over, the priests looked round for the purity of the Temple court. If the feast ended on Friday, they did not look round for honour to the approaching Sabbath. R. Judah said, "even they did not look round on Thursday, because the priests are not then idle."
8. "How did they look round for the purity of the court?" "The priests baptized the vessels, which were in the Sanctuary, and used to say to the people, 'Watch and do not touch the table and the candlestick, lest you render them unclean.'" All the vessels in the Sanctuary were double and treble, because if the first became unclean, they could
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bring duplicates instead of them. "All the vessels which were in the Sanctuary required baptism 1 except the golden altar, and the brazen altar, because they are as earth." The words of R. Eliezer. But the Sages say, "because they were overlaid."
Footnotes
173:1 There are reckoned six degrees of uncleanness: The father of fathers, the fathers, the first, second, third, and fourth children of defilement. There are altogether twenty-nine fathers of uncleanness, of which eleven arise from contact with a dead body.174:1 A city about 15 miles from Jerusalem.
174:2 Towards Jerusalem.
174:3 This decision refers to the case of a dealer whose wine or flour might become legally defiled by contact with the common people.
175:1 The Tosephta relates, that when the Pharisees were baptizing the candlestick, the Sadducees used to mock them by saying, they were baptizing the sun.
TREATISE X.
Judges—Judgments—The Tribunal of Seventy-one—The Great Sanhedrin—The Small Sanhedrin—High Priest—Funerals—King—Royal Wives—Book of the Law—Objections to Judges—Relations—Examination of Witnesses—Evidence—Judgments in Money and Judgments in Souls—Form of the Sanhedrin—Appointment of Judges—Intimidation of Witnesses—Investigations—Acquittal or Condemnation—Stoning—Hanging—Burning—Beheading—Strangling Blasphemy—Idolatry—Enticing—Sorcery—A Son Stubborn and Rebellious—Burglary—Murder—Theft—Those who have no portion in the World to come—The Rebellious Elder—The False Prophet—The False Witness.
CHAPTER I.
1. "Judgments for money (require) three (judges). Robbery and beating (require) three. Damages or half damages, double payments and payments four or five fold (require) three. Constraint, and enticement, and slander (require) three." The words of R. Meier. But the Sages say, "slander (requires) twenty-three judges, because there exist in it judgments of souls."2. Stripes (require) three judges. In the name of Rabbi Ishmael, the Sages say, "twenty-three." "The intercalary month 1 requires three. The intercalary year requires three." The words of Rabbi Meier. Rabban Simon the son of
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[paragraph continues] Gamaliel said, "with three judges they begin, and with five they discuss, and they conclude with seven; and if they concluded with three it is intercalated."
3. "The appointment of elders, and striking off the heifer's neck 1 (require) three." The words of Rabbi Simon; But Rabbi Judah said, "five." The loosing off the shoe, 2 and dissatisfaction in marriage (require) three. The produce 3 of the fourth year, 4 the second tithes, of which the value is unknown (require) three. The valuation of holy things (requires) three. The estimation of movable things requires three. R. Judah said, "one of them must be a priest." Immovable things require nine judges and a priest; and the valuation of a man (slave) is similar.
4. Judgments of souls (require) twenty-three judges. Bestiality (requires) twenty-three, as is said, "and thou shalt slay the woman and the beast," and it is also said, "the beast thou shalt slay." An ox to be stoned (requires) twenty-three judges; as it is said, "The ox shall be stoned, and his owner also shall be put to death," 5 as is the death of the owner, so is the death of the ox. The wolf, and the lion, and the bear, and the leopard, and the panther, and the serpent, are to be put to death with twenty-three judges. R. Eliezer said, "every one who first killed them has gained honour." R. Akiba said, "they are to be put to death after a judgment with twenty-three (judges)."
5. A tribe must not be judged, nor a false prophet, nor a high priest, save before the tribunal of seventy-one. And soldiers must not go forth to lawful warfare, save by a decree of the tribunal of seventy-one. Men must not add to the city or to the temple courts, save by a decision of the tribunal of seventy-one. They must not appoint judges to the tribes, save by a decision of the tribunal of seventy-one; A city must not be excluded, save by the tribunal of seventy-one. And the tribunal must not exclude a city on the border, nor exclude three cities, but only one or two.
6. The Great Sanhedrin consisted of seventy-one members,
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and the small one of twenty-three. And whence know we that the great one contained seventy-one? as is said, "Gather unto me seventy men of the elders of Israel:" 1 and Moses over them. There are seventy-one. R. Judah said "seventy." And whence know we that the small one consisted of twenty-three? as is said, "Then the congregation shall judge;" 2 "and the congregation shall deliver." A congregation to judge, and a congregation to deliver, there is twenty. And whence know we that a congregation required ten? as is said, "How long shall I bear with this evil congregation?" 3 Joshua and Caleb were excepted. "And whence know we to produce the other three?" From the meaning, as is said, "Thou shalt not follow a multitude to do evil." 4 I am hearing that "I shall be with them for good." If so, why is it said, "to decline after many to wrest judgment"? 4 "Because thy inclinations to good do not equal thy inclinations to evil. Thy inclinations to good are by the report of one. Thy inclinations to evil are by the report of two. And a tribunal must not be balanced. Another must be added. There are twenty-three." "And how populous must be the city suited for judges?" "One hundred and twenty." R. Nehemiah said, "two hundred and thirty to represent twenty-three overseers of tens."
Footnotes
176:1 The Jewish year is composed of twelve lunar months. It is adapted to the solar year by the use of an intercalary month called Veaddar—the additional Addar. Every nineteen years there are seven occasions on which this embolismic month must be introduced to prevent the various feasts revolving over the four seasons of the year, like the Moslem fast of Ramadhan. Formerly the Sanhedrin arranged this intercalary month to suit the harvest, so that if it were late, the wave sheaf and other observances should still be kept according to their proper dates. When, however, the Sanhedrin was suppressed by the Emperor Constantine, Hillel the Second of Tiberias ruled that an intercalary month of twenty-nine days should be added in the 3d, 6th, 8th, 11th, 13th, 17th, and 19th years of the Metonic Cycle. This decision has since remained the Jewish standard for reckoning time.177:1 Deut. xxi. 4.
177:2 Deut. xx. 5, 9.
177:3 Lev. xix. 24.
177:4 Deut. xiv. 22-25.
177:5 Exod. xxi. 29.
178:1 Numb. xi. 17.
178:2 Numb. xxxv. 24, 25. A congregation or minyan must not be less than ten men. If there be 10,000 women they cannot form a minyan. The Lord Jesus more mercifully promises His presence to "two or three gathered together." Matt. xviii. 20.
178:3 Numb. xiv. 27.
178:4 Exod. xxiii. 2.
CHAPTER II.
1. The high priest may judge, and be judged. 5 He may bear witness, and witness may be borne against him. He may have his shoe loosed, and the shoe may be loosed for his wife. 6 His brother may take his wife, but he must not take his brother's wife, because he is prevented from marrying ap. 179
widow. If there happened a death in his family, he must not go immediately behind the bier. "But when the (mourners) are concealed (in a street), then he is discovered (to the public). They are discovered to the public, and he is concealed in a street. And he may go with them to the entrance gate of the city." The words of R. Meier. R. Judah said, "he must not depart from the sanctuary;" as is said, "neither shall he go out of the sanctuary." 1 And when he comforts others, the fashion of all the people is to pass one after the other, and the deputy priest puts him in the middle between himself and the people. But when he is comforted by others, all the people say to him, "we are thy atonement." And he says to them, "you shall be blessed from heaven." And at the first meal 2 after a funeral, all the people recline on the ground, and he sits on a stool.
2. The king neither judges, nor is judged. He neither bears witness, nor is witness borne against him. He does not unloose the shoe, and the shoe is not unloosed for his wife. He does not marry his brother's wife, nor is his wife married by his brother. R. Judah said, "if he pleased he may unloose the shoe, or marry his brother's wife. He is remembered in prayer for good." The Sages said to him, "we do not hear him (the king) (for unloosing the shoe) and his widow must not marry." R. Judah said, "the king may marry the widow of a king, as we find with David that he married the widow of Saul;" as is said, "And I gave thee thy master's house, and thy master's wives into thy bosom." 3
3. If there happened a death in his family, he goes not out from the entrance of his palace. R. Judah said, "if he pleases to go after the bier he may go, as we find in David that he went after the bier of Abner;" as is said, "And King David himself followed the bier." 4 The Sages said to him, "this only happened to pacify the people." And at the first meal after a funeral, all the people recline on the ground, and he sits on a sofa.
4. And he may go forth to lawful warfare by order of the supreme court of seventy-one, and he may break down a
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road for himself, and none can prevent him. The road of a king is without measure, and all the people plunder and lay it before him. And he takes part first. He must not multiply wives beyond eighteen. R. Judah said, "he may multiply wives for himself so long as they do not turn away his heart." R. Simon said, "even if one turn away his heart, he should not marry her." If so, wherefore is it said, "he must not multiply for himself wives, even though they be as Abigail"? He must not multiply horses, except sufficient for his own riding. And silver and gold he must not multiply much, only sufficient to pay his own expenses. And he must write a book of the law for himself. When he goes out to war, he must bring it with him. When he returns, he must bring it with him. If he sit in judgment it is with him. When he is seated it is before him, as is said, "And it shall be with him, and he shall read therein all the days of his life." 1
5. None may ride on his horse, and none may sit on his chair, and none may use his sceptre, and none may see him shaving, either when he is naked, or in the bath, as is said, "Thou shalt in any wise set him king over thee," 2 that his dread be upon thee.
Footnotes
178:5 The Great Sanhedrin could whip a high priest for certain offences, and afterwards restore him to his office.178:6 Deut. xxv. 9.
179:1 Lev. xxi. 12.
179:2 2 Sam. iii. 35.
179:3 2 Sam. xii. 8.
179:4 2 Sam. iii. 31.
180:1 Deut. xvii. 19.
180:2 Deut. xvii. 15.
CHAPTER III.
1. "Judgments in money matters (require) three judges. This party chooses for himself one, and the other party chooses for himself one. And both parties choose another." The words of R. Meier. But the Sages say, "the two judges choose for themselves the other." "This one may declare the judge of that one illegal. And that one may declare the judge of this one illegal." The words of R. Meier. But the Sages say, "it is only when witness can be brought against them that they are related or unlawful." "But if they be righteous or experienced, they must not be declared illegal." "This one may declare illegal the witness of that one. And that one may declare illegal the witness of thisp. 181
one." The words of R. Meier. But the Sages say, "it is only when witness can be brought against them that they are related or unlawful, but if they be righteous they must not be declared illegal."
2. One said to the other, "I trust my father," "I trust thy father," "I trust three cowherds." R. Meier said, "he may change his mind." But the Sages say, "he must not change." If he must give an oath to his companion, and he said to him, "vow to me by the life of thy head?" R. Meier said, "he may change his mind." But the Sages say, "he must not change his mind."
3. And these are illegal (as judges or witnesses), one who played at cards, or lent on usury, or bet on the flight of doves, or trades in the Sabbatical year. R. Simon said, "at first they were called gatherers on the Sabbatical year; when they were forced by Gentiles to cultivate the ground, they changed to call them traders on the Sabbatical year." R. Judah said, "it is only when they have no other occupation but this one alone: but if they have another occupation, they are allowed."
4. And these are related, his father and his brother, and the brethren of his father, and the brethren of his mother, and the husband of his sister, and the husband of his father's sister, and the husband of his mother's sister. And the husband of his mother and his father-in-law, and his brother-in-law, they, their children, and their sons-in-law, and his step-son alone. R. José said, "this was the teaching of R. Akiba; but the first teaching was, his uncle and the son of his uncle, and all suitable for inheritance, and every one related to him at the present time." "One was related and became estranged?" "He is lawful." R. Judah said, "even if his daughter died, and he has children left by her, they are related."
5. "Who is a friend? and who is an enemy?" "A friend is the bridegroom's best man, an enemy is every one who has not spoken with him three days in malice." The Sages replied to him, "Israelites are not so suspicious."
6. "How are witnesses examined?" "They are brought
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in and intimidated; and all other men are driven out. And the chief of the witnesses is left, and they say to him, "tell us how do you know that this man is indebted to that man?" If the witness said, "he told me that I am indebted to him"—"such a man told me that he is indebted to him,"—he has said nothing, till he shall say, "he acknowledged in our presence that he owed him two hundred zuz." And afterwards the second witness is brought in, and examined. If their statements were found agreeing, the judges held a conversation. Two of them said "he is clear," and one said "he is indebted?" "He is cleared." "Two said, he is indebted, and one said, he is clear?" "He is indebted." "One said he is clear, and one said he is indebted? And even if two pronounced him clear or indebted, and one said, 'I don't know?'" "The judges must be increased."
7. The matter is finished. They bring in the plaintiff and defendant. The chief judge says, "thou, such a one, art clear; thou such an one, art indebted." "And whence know we that one of the judges on going out should not say, 'I was for clearing him, but my colleagues pronounced him indebted, but what shall I do when my colleagues are too many for me?'" "Of this man it is said, 'Thou shalt not go up and down as a tale-bearer among thy people;' 1 and it is said, 'A talebearer revealeth secrets.'" 2
8. At any time the one condemned may bring evidence and annul the judgment. The judges said to him, "bring all your evidence within thirty days from this date." If he brought them within thirty days, it is annulled, if after thirty days, it is not annulled. Rabban Simon the son of Gamaliel said, "what shall he do if he did not find them within thirty days, but found them after thirty days?" "The judges said to him, 'bring witnesses;' and he said, 'I have no witnesses:' they said, 'bring evidence;' and he said, I have no evidence:' but afterwards he found evidence, and found witnesses?" "They are nothing." Rabban Simon the son of Gamaliel said, "what shall he do if he did not know
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that he had witnesses, and found witnesses; he did not know that he had evidence, and found evidence?" "They said to him, 'bring witnesses;' he said, 'I have no witnesses.' 'Bring evidence,' and he said, 'I have no evidence.'" "He saw that he will be pronounced indebted in judgment," and he said, "approach such an one, and such an one, and bear witness for me," or "he pulled out evidence from his pocket?" "It is nothing."
Footnotes
182:1 Lev. xix. 16.182:2 Prov. xi. 13.
CHAPTER IV.
1. Judgments in money and judgments in souls must be equally inquired into and investigated; as is said, "Ye shall have one manner of law." 1 "What is the difference between judgments in money and judgments in souls?" "Judgments in money (require) three judges, judgments in souls twenty-three. Judgments in money open the case either for clearing or proving indebted, but judgments of souls open the case for clearing, and the case is not opened for condemning. Judgments in money are balanced by one judge either for clearing or proving indebted; but judgments in souls are balanced by one for clearing and by two for condemning. Judgments in money may be reversed either for clearing or proving indebted; but judgments in souls may be reversed for clearing, but must not be reversed for condemnation. All may express an opinion on judgments in money for clearing or proving indebted. All may express an opinion on judgments in souls for clearing, but all must not express an opinion for condemnation. He who has expressed an opinion on judgments in money for proving indebted, may express an opinion for clearing, and he who has expressed an opinion for clearing, may express an opinion for proving indebted. He who has expressed an opinion on judgments in souls for condemnation may express an opinion for clearing, but he who has expressed an opinion for clearing must not reverse it to express an opinion for condemnation. Judgmentsp. 184
in money are conducted by day and settled by night. Judgments in souls are conducted by day and settled by day. Judgments in money are settled on the same day, either for clearing or proving indebted. Judgments in souls are finished on the same day for clearing, and on the day after it for condemnation—wherefore there can be no judgments on Friday or on the eve of a festival." 1
2. Judgments in legal uncleanness and legal cleansings begin with the Supreme (judge). Judgments in souls begin with a judge at his side. All are eligible to pronounce judgments in money matters, but all are not eligible to pronounce judgments in souls—only priests, Levites, and Israelites who can intermarry into the priesthood.
3. The Sanhedrin was like half a round threshing-floor, in order that the members might observe each other. And two scribes of the judges stood before them,—one on the right and one on the left. And they wrote the sentence of acquittal, and the sentence of condemnation. R. Judah said, "three; one scribe wrote the sentence of acquittal, and one wrote the sentence of condemnation; and the third wrote both the sentence of acquittal and the sentence of condemnation."
4. And three rows of the disciples of the wise sat before them. And each one knew his place. When it was necessary to appoint a judge, they appointed one from the first row. One from the second row came instead of him into the first, and one from the third row came instead of him into the second, and they selected another from the congregation, and they seated him in the third row, and he did not sit in the place of his predecessor, but he sat in a place suitable for himself.
5. "How did the judges intimidate witnesses in the testimony for souls?" "They introduced them, and intimidated them." "Perhaps you are speaking from guess? or from hearsay? witness from witness? or from a trustworthy man we heard it?" Or perhaps "you don't know that at the last we shall proceed to inquire into your own character and
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investigate it." "Have a knowledge that the judgments of money are not as judgments of souls. In judgments for money, when the man pays the money he has atoned. In judgments for souls his blood and the blood of his posterity are suspended till the end of the world." So we find it with Cain when he slew his brother. It is said of him, 1 "the voice of thy brother's bloods crieth." He does not say thy brother's blood, but bloods of thy brother, his blood and the blood of his posterity. Another thing is also meant, that thy brother's bloods are spattered on wood, and on stones. Therefore man is created single, to teach thee that every one who destroys one soul from Israel, to him is the verse applicable, as if he destroys a full world. And every one who supports one soul in Israel, to him is the verse applicable, as if he supports the full world. And it is also said, for the peace of creation, that no man may justly say to his companion, my father is greater than thine. And that the Epicureans should not say, that there are more Creators in the heavens, and it is also said, to show forth the greatness of the Holy One, blessed be He! When man stamps many coins with one stamp, all are alike. But the King of Kings, the Holy One, blessed be He! stamped every man with the stamp of the first Adam, and no one of them is like his companion; therefore every one is bound to say, "for my sake was the world created." But, perhaps, the witnesses will say "what is this trouble to us?" But is it not already said, "And is a witness, whether he hath seen or known of it; if he do not utter it"? 2 But perhaps the witnesses will say, "what is it to us, to be guilty of this man's blood?" But is it not already said, "When the wicked perish, there is shouting"? 3
Footnotes
183:1 Lev. xxiv. 22.184:1 This rule was violated in the case of our Lord Jesus Christ. Matthew xxvi. xxvii.; Mark xiv.; Luke xxii. xxiii.; John xix.
185:1 Gen. iv. 10.
185:2 Lev. v. 1.
185:3 Prov. xi. 10.
CHAPTER V.
1. The witnesses were examined with seven investigations. "In what Sabbatical year?" "In what year?" "Inp. 186
what month?" "What date in the month?" "What day?" What hour?" "What place?" R. José said, "What day?" "What hour?" "What place?" "Did you know him?" "Did you warn him?" In a case of idolatry, "whom did he serve?" "And with what did he serve?"
2. Every judge who extends examinations is praiseworthy. It happened that the son of Zacchai examined (even) on the stems of figs. And what difference is there between investigations and examinations? In investigations if one say, "I don't know," their witness is worthless. In examinations, if one say "I don't know," and even two say, "we don't know," their witness stands. Whether in investigations or examinations, when they contradict each other, their witness is worthless.
3. One witness said, "on the second of the month," and another witness said, "the third of the month." Their witness stands. Because one knows of the intercalary month, and another does not know of the intercalary month. One said, "on the third," and another said, "on the fifth;" their witness is worthless. One said, "at the second hour," and another said "at the third hour;" their witness stands. One said, "at the third," and another said, "at the fifth;" their witness is worthless. R. Judah said "it stands." One said, "on the fifth," and another said, "on the seventh;" their witness is worthless, because at the fifth (hour) the sun is in the east, and at the seventh hour the sun is in the west.
4. And afterwards they introduce the second (witness) and examine him. If both their statements agree, they open the case with clearing. One of the witnesses says, "I possess information to clear him." Or one of the disciples of the Sanhedrin says, "I possess information for condemning." They order him to keep silence. One of the disciples of the Sanhedrin says, "I possess information to clear him." They bring him up, and seat him between the judges, and he did not go down during the whole day. If there be substantial information, they give him a hearing. And even when he (the accused) says, "I possess information for clearing myself,"
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the judges give him a hearing; only there must be substantial information in his words.
5. If the judges found him clear, they released him, but if not they deferred his judgment till the morrow. They conversed in pairs, and reduced their eating, and they drank no wine all the day, and discussed the matter the whole night. And on the morrow they came very early to the judgment hall. He who was for clearing said, "I was for clearing, and I am for clearing in my place." And he who was for condemning said, "I was for condemning, and I am for condemning in my place." He who pronounced for condemning, could pronounce for clearing, but he who pronounced for clearing, could not turn round and pronounce for condemning. If the judges erred in a matter, the two scribes of the judges recalled it to their memory. If they found him clear, they released him: but if not, they stood to be counted. "Twelve cleared him, and eleven condemned?" "He is clear." "Twelve condemned him, and eleven cleared him, and even eleven cleared, and eleven condemned," and one said, "I don't know." And even twenty-two cleared or condemned, and one said, "I don't know?" "They must add judges." "How many do they add as judges two by two?" "Up to seventy-one." "Thirty-six cleared him, and thirty-five condemned him?" "He is clear." "Thirty-six condemned him, and thirty-five cleared him?" "They disputed with each other until one of the condemning party acknowledged the statement of the clearing party."
CHAPTER VI.
1. When the judgment was finished, they brought him forth to stone him. 1 The place of stoning was outside the judgment hall; as is said, "Bring him forth that hathp. 188
cursed." 1 One stood at the door of the judgment-hall with towels in his hand, and another man rode a horse at a distance from him, but so that he might see him. If one said, "I have something to tell for his clearing," this one waved the towels, and the other galloped his horse, and stopped the accused. And even though he himself said, "I have something to tell to clear myself," they brought him back as many as four or five times, only there must be substance in his words. If they found him clear, they freed him; but if not, they took him forth to stone him. And a herald preceded him (crying) "Such an one, the son of such an one, is brought out for stoning, because he committed such a transgression, and so and so are witnesses; let every one who knows aught for clearing him come forth and tell it."
2. When he was ten cubits from the place of stoning, they said to him "confess," as it is the custom of all about to die to confess, since to every one who confesses there is a portion in the world to come. So we find with Achan when Joshua said to him, "My son, give, I pray thee, glory to the Lord God of Israel, and make confession unto him." 2 "And Achan answered Joshua, and said, Indeed, I have sinned against the Lord God of Israel, and thus and thus I have done." "And from whence know we that his confession made atonement for him?" “As it is said, ‘And Joshua said, Why hast thou troubled us? the Lord shall trouble thee this day.’ This day thou art troubled, but thou shalt not be troubled in the world to come.’” And if he did not know how to confess, they told him to say, "let my death be an atonement for all my sins." Rabbi Judah said, "if he knew that he was falsely condemned, he said, 'let my death be an atonement for all my sins, except this one;'" the (Sages) said, "if so, every man will speak thus to make themselves innocent."
3. When he was four cubits from the place of stoning, they stripped off his garments. "If a man, they covered him in front; if a woman, before and behind." The words of Rabbi Judah. But the Sages say "a man was stoned naked, but the woman was not stoned naked."
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4. The place of stoning was two men high. One of the witnesses thrust him down on his loins. If he turned on his heart, the witness must turn him on his loins. If he died with that thrust it was finished; but if not, the second (witness) took the stone, and cast it upon his heart. If he died with that blow, the stoning was finished. But if not, he was stoned by all Israel, as is said, "The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people." 1 "All who were stoned were hung up." The words of Rabbi Eliezer. But the Sages say, "none were hung up, save the blasphemer and the idolater." "The man is to be hung with his face toward the people, but the woman with her face toward the wood." The words of Rabbi Eliezer. But the Sages say, "the man was hung up, but they do not hang up a woman." Rabbi Eleazar said to them, "and did not Simon, the son of Shatach, hang women in Askalon?" They said to him, "he hung up eighty women (witches), and two could not be judged, in one day." "How did they hang him?" "They sunk a beam in the ground, and a transverse beam proceeded from it, and they bound his hands, one over the other, and hung him up" (by them). R. José said, "the beam was inclined against the wall, and he was hung upon it, just as the butchers do." And they loosed him immediately afterwards. "But if he was out all night?" "It was a transgression of a negative command, as is said, 'His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day (for he that is hanged is accursed of God),'" 2 etc. As one says, "wherefore is this one hung?" "Because he blasphemed the NAME, and it follows that the heavenly NAME is profaned."
5. Rabbi Meier said, "when man is sorrowful, 3 what language does the Shekinah 4 make him to utter?" If it be lawful so to speak, "my head makes me ashamed, my arm makes me ashamed." If, to speak after the manner of men,
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[paragraph continues] OMNIPRESENCE is sorrowful, when the blood of the wicked is poured out, how much more sorrowful is He for the blood of the righteous. And not in the case of the condemned alone, but every one who leaves his dead overnight, is a transgressor of a negative command. If they left him for the sake of honour, to bring a coffin and a shroud for him, there is no transgression. But they did not bury him (the condemned) in the sepulchres of his fathers. And there were two burial grounds prepared for the Judgment Hall—one for the stoned and the burned, and one for those beheaded and strangled.
6. When the flesh of the condemned was consumed, they gathered his bones and buried them in their proper place; and his relatives came and asked after the peace of the judges, and the peace of the witnesses, as much as to say, "know there is nothing in our hearts against you, as your judgment was true." And they did not mourn, but were gloomy, since gloominess is only in the heart.
Footnotes
187:1 Before executing a criminal, a quantity of frankincense in a cup of wine was given to him to stupefy him and render him insensible to pain. The compassionate ladies of Jerusalem generally provided this draught at their own cost. This custom was in obedience to Proverbs xxxi. 6, "Give strong drink unto him that is ready to perish, and wine unto those that be of heavy hearts."188:1 Lev. xxiv. 14.
188:2 Joshua vii. 19, 20, 25.
189:1 Deut. xvii. 7.
189:2 Deut. xxi. 23.
189:3 This supposes a man sorrowful, because he is obliged to punish his own son.
189:4 i.e. the Divine Presence. The luminous cloud of glory in the Holy of holies.
CHAPTER VII.
1. Four punishments were permitted to the supreme court,—stoning, burning, beheading, and strangling. R. Simon said, "burning, stoning, strangling, and beheading." The preceding chapter is the order of stoning.2. The order for those burned was to be sunk in dung to their knees. And men put a hard towel in a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till the condemned opened his mouth. And one lit a wick, and cast it into his mouth, and it went down to his bowels, and it consumed his intestines. R. Judah said, "if he died in their hands, they did not complete in him the order of burning; only they opened his mouth with tongs against his will, and lit the wick, and cast it into his mouth, and it went down to his bowels and consumed his intestines." Said R. Eleazar the son of Zadok, "it happened with the daughter of a priest, who was immoral, that they surrounded her with dry
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branches and burned her." The Sages replied, "because the court at that time was unskilled."
3. The order of those beheaded was to have their heads struck off with a sword, as is the custom of governments. R. Judah said, "that was an abuse; they only rested his head on a block, and hewed it off with an axe." The Sages replied to him, "no death is a greater abuse than that." The order for those strangled was, that they were sunk down in dung to their knees, and they put a hard towel inside a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till his soul departed.
4. These were stoned; . . . . a blasphemer, and an idolater, and he who gave his seed to Molech, and one with a familiar spirit, 1 and a wizard, and he who profaned the Sabbath, and he who cursed father or mother, and he who came to a betrothed maid, and an enticer to idolatry, and a withdrawer to idolatry, and a sorcerer, and a son stubborn and rebellious.
5. The blasphemer was not guilty till he expressed the NAME. Said R. Joshua, the son of Korcha, every day they examined the witnesses under a substituted (feigned) name, for example, "José shall beat José." When the judgment was finished, they could not execute him under the nickname, but they withdrew all men outside, and interrogated the principal witness, and said to him, "tell us clearly what thou hast heard?" and he said it. And the judges stood up on their feet, and rent their garments, 2 and they were never sewn again. And the second witness said, "even I (heard) as he," and the third said, "even I (heard) as he."
6. One committed idolatry, whether he served the idol, or sacrificed to it, or burned incense to it, or made a libation to it, or bowed down to it, or accepted it for his god. And also, he who said to it, "thou art my God." But he who
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embraced it, and kissed it, and honoured it, and dusted it, and washed it, and anointed it, and dressed it, and put shoes on it, transgressed a negative command. He who vowed in its name, and performed the vow in its name, transgressed a negative command. "He exposed himself to Baal peor?" "That is positive service." "He cast a stone to Mercury?" "That is positive service."
7. He who gave his seed to Molech 1 is not guilty till he hand it to Molech, and pass it through the fire. "If he hand it to Molech, and do not pass it through the fire, (or if) he passed it through the fire, and did not hand it to Molech?" "He is not guilty till he hand it to Molech, and pass it through the fire." One has a familiar spirit, when the Python speaks from his arm. But the wizard speaks with his mouth. These are to be stoned, and inquiry from them is forbidden.
8. He who profaned the Sabbath by aught which renders him guilty of presumption is to be cut off; 2 but if he profaned the Sabbath in error, a sin-offering (is required) from him. He who cursed father or mother is not guilty till he curse them by the NAME. "If he curse them with a substituted name of God?" R. Meier pronounces him "guilty:" but the Sages "free him."
9. "If one came to a betrothed maid?" "He is not guilty, except she be a virgin and betrothed, and in the house of
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her father." "If two came to her?" "The first is to be stoned and the second strangled."
10. "The enticer to idolatry?" "This ordinary man enticed an ordinary man; he said to him, 'there is an object of fear in such a place, so it eats, so it drinks, so it does good, so it does evil.'" Of all who are guilty of death in the law, we are not to set witnesses in concealment to convict them, except in this case of an enticer to idolatry. When he has spoken of his idolatry to two persons, they as witnesses bring him to the judgment-hall, and stone him. If he spoke thus to one, this one replies, "I have companions who desire to hear so and so." "If he be cunning, and he does not speak before them?" "Witnesses are concealed behind a wall, and he says to the idolater, 'tell me what thou saidst to me alone,' and the idolater told him. And he replied to him, 'how can we leave our God, who is in heaven, and go and serve wood and stone?'" "If the idolater returned from his sin, it is well; but if he said, 'so is our duty, and so it is excellent for us,' they who stood behind the wall bring him to the judgment-hall, and stone him; if he said, 'I shall serve, I shall go and serve, let us go and serve; I will sacrifice, 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; I will pour a libation, I will go and pour a libation, let us go and pour a libation; I will bow down, I will go and bow down, let us go and bow down'—the withdrawer is he who says, 'let us go and serve idols.'"
11. The sorcerer, who has done the act, is guilty of death, but he is not guilty who merely deludes the eyes. R. Akiba said in the name of R. Joshua, "two sorcerers can gather cucumbers—one gathers them and is free, but another gathers them and is guilty. He who has performed the act is guilty. He who has merely deluded the eyes is free."
Footnotes
191:1 The words in the original, Baal Aob, are supposed by some to denote a ventriloquist, as such persons are called in the LXX. ἐγγαστριμύθοι, and also from Aob, meaning a "bottle" or "stomach." Aob seems however much more likely to be allied to the Coptic word for "a serpent" or "Python," Acts xvi. 16.191:2 Matthew xxvi. 65.
192:1 The image of Molech was made of brass. It was hollow within and heated with fire outside. It stood in the valley of Hinnom without the walls of Jerusalem. Kimehi says the image of Molech contained seven chapels. These chapels are supposed by some to represent the seven planets. In the first chapel flowers were offered; in the second, turtle doves or young pigeons; in the third, lambs; in the fourth, rams; in the fifth, calves; in the sixth, oxen; "but whosoever offered his son, they opened to him the seventh chapel." The face of Molech was like the face of a calf, and the image stretched forth its hands "as a man who opens his hands to receive something of his neighbour." "They kindled the image with fire, and the priests took the babe and put it into the hands of Molech, and the babe gave up the ghost." They called it Tophet, because they made a noise with drums (tophim), that the father might not hear the screams of his child and have pity upon him. And they called it Hinnom, because the child roared (menahem) in his anguish. Others say it was called Hinnom, because the priests used to say, "May it profit (יהנה) thee—may it be sweet to thee."
192:2 Cutting off is generally supposed to have extended to the family as well as the guilty person. It seems to have included the future as well as the present life.
CHAPTER VIII.
1. A son stubborn and rebellious. 1 "From what time is he decidedly a son stubborn and rebellious?" "From the time the two hairs have come, and up to the time the beard has sprouted; but the Sages spoke in modest language. As is usually said, when a man has a son—a son, but not a daughter; a son, but not a man; a child as yet free from coming under the rule of the commandments."2. "From what time is he guilty?" "From the time he ate three quarters of a pound of flesh, and drank half a log of Italian wine." R. José said, "a pound of flesh and a log of wine." "He ate it in an appointed feast; he ate it in the intercalary month; he ate it during the second tithes in Jerusalem; he ate of a carcase and of things torn, abominable things and creeping things; he ate of that which had not paid tithes, and the first tithes before the heave-offering was separated from them, and the second tithes and holy things which were not redeemed; he ate of a thing which is commanded, and of a thing which is a transgression; he ate every kind of meat, but he did not eat flesh; he drank every kind of fluid, but he did not drink wine?" "He is not a son stubborn and rebellious till he eat flesh and drink wine," as is said, "A glutton and a drunkard;" 2 and even though there is no conclusive evidence, there is a memorial to the matter, as is said, "Be not among winebibbers; among riotous eaters of flesh." 3
3. "If he steal it from his father, and eat it (with permission) on the property of his father; from others, and eat it on the property of others; from others, and eat it on the property of his father?" "He is not a son stubborn and rebellious till he steal it from his father and eat it on the property of others." R. José, the son of R. Judah, said, "till he steal it from his father and from his mother."
4. "If his father desires (his punishment), and his mother does not desire it; his father does not desire it, and
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his mother does desire it?" "He is not declared a son stubborn and rebellious until both of them desire it." R. Judah said, "if his mother was not suitable for his father, he is not declared a son stubborn and rebellious." "One of them was broken-handed, or lame, or dumb, or blind, or deaf?" "He is not declared a son stubborn and rebellious," as is said, "'Then shall his father and his mother lay hold on him,' 1 which is impossible if they be broken-handed; 'and bring him out,' which is impossible if they be lame; 'and they shall say,' which is impossible if they be dumb; 'this our son,' which is impossible if they be blind; 'he will not obey our voice,' which is impossible if they be deaf. They must warn him before three judges, and then flog him." "He returned to his bad habits?" "He is to be judged before twenty-three judges, but he is not to be stoned till the three first (judges) are present, as is said, 'this our son' who was flogged before you." "He ran away before his judgment was finished, and afterwards came to puberty?" "He is free." "But if he ran away after the decision and then came to puberty?" "He is guilty."
5. A son stubborn and rebellious is judged for the sake of his future prospects. The law says, "better die when he is innocent, and not die when he is guilty." The death of the wicked is pleasant for them, and pleasant for the world; but the death of the righteous is evil for them, and evil for the world. Wine and sleep are pleasant to the wicked, and pleasant to the world; but for the righteous, it is evil for them, and evil for the world. Separation for the wicked is pleasant for them, and pleasant for the world; but for the righteous, it is evil for them, and evil for the world. Union for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world. Rest for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world.
6. If one engaged in burglary, he is judged for the sake of his future prospects. "He engaged in burglary and broke
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a barrel?" "If the owner might not kill him, he must pay for the barrel; but if the owner might kill him, he is freed from paying for the barrel."
7. These are they who are rescued 1 with their souls,—he who pursued after his companion to kill him, and one after a betrothed girl. But one about to profane the Sabbath, and one about to serve idols, such cannot be saved with their souls. 2
Footnotes
194:1 Deut. xxi. 18.194:2 Deut. xxi. 20.
194:3 Prov. xxiii. 20.
195:1 Deut. xxi. 19, 20.
196:1 i.e. they are saved from crime by immediately depriving them of life. This summary mode of procedure was called "the rebel's beating." It was a kind of Lynch law inflicted by the people at once. John viii. 59.
196:2 As the former class of intending criminals could at once be killed, so this latter class must be guilty of the act, and they are then judged for it.
CHAPTER IX.
1. And these are to be beheaded. The murderer and the men of a city withdrawn to idolatry. "The murderer who smote his neighbour with a stone or iron, and he pressed him down in the midst of the water, or in the midst of fire, and he could not come out from thence, and he died?" "He is guilty." "He pushed him into the midst of water, or into the midst of fire, and he could come out, but he died?" "He is free." "He encouraged a dog against him, he encouraged a serpent against him?" "He is free." "He caused a serpent to bite him?" Rabbi Judah declared him "guilty," but the Sages "freed him." "He smote his companion either with a stone or his fist, and he was counted for dead, and he became lighter, and afterwards became heavier, and died?" "He is guilty." R. Nehemiah said, "he is free, because there are extenuating circumstances in the matter."2. "His intention was to kill a beast, and he killed a man—a foreigner, and he killed an Israelite—a premature birth, and he killed a timely child?" "He is free." "His intention was to smite his loins, and there was not sufficient force in the blow to cause death in his loins, and it passed to his heart, and there was sufficient force in the blow to cause death in his heart, and he died?" "He is free." "His intention was to smite him on his heart,
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and there was sufficient force in the blow to cause death on this heart, and it passed on to his loins, and there was not sufficient force in the blow to cause death on his loins, but he died?" "He is free." "His intention was to smite an adult, and there was not sufficient force in the blow to cause death to an adult, and it passed off to a child, and there was sufficient force to kill the child, and he died?" "He is free." "His intention was to smite a child, and there was sufficient force in the blow to cause death to a child, and it passed to an adult, and there was not sufficient force to cause death to the adult, but he died?" "He is free." "But his intention was to smite him on his loins, and there was sufficient force in the blow to cause death on his loins, and it passed to his heart, and he died?" "He is guilty." "His intention was to smite an adult, and there was sufficient force in the blow to cause the death of the adult, and it passed to a child, and he died?" "He is guilty." R. Simon said, "even if his intention be to kill this one, and he killed that one, he is free."
3. "A murderer, who is mingled with others?" "All are to be freed." R. Judah said "they are to be collected in a prison." "Several condemned to (different) deaths are promiscuously mingled?" "They are all to be adjudged the lightest punishment." "Those condemned to stoning with those condemned to burning?" R. Simon said, "they are to be condemned to stoning, because burning is more grievous," but the Sages say, "they are to be condemned to burning, because stoning is more grievous." To them replied R. Simon, "if burning were not more grievous, it would not have been assigned to the daughter of a priest who was immoral." They replied to him, "if stoning were not more grievous, it would not have been assigned to the blasphemer, and the idolater." "Those condemned to beheading, mingled with those condemned to strangling?" R. Simon said, "they are to be put to death with the sword," but the Sages say, "with strangling."
4. "He who is found guilty of two deaths by the
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judges?" "He is condemned to the more grievous punishment." "He committed a transgression, which made him deserve two deaths?" "He is condemned to the more grievous." R. José said, "he is condemned for the first deed which he committed."
5. "He who is flogged once and again?" "The judges commit him to prison, and they give him barley to eat till his belly bursts." "He who killed a person without witnesses?" "They commit him to prison, and they give him to eat the bread of adversity, and the water of affliction." 1
6. "A thief who stole a sacred vessel, and he who cursed in necromancy, and the paramour of an Aramæan?" "The avengers may at once fall upon him." "The priest who served in legal uncleanness?" "His brother priests have no need to bring him to the tribunal, but the young priests drag him outside the court, and dash out his brains with faggots of wood." "A stranger who served in the sanctuary?" R. Akiba said, he is to be killed "with strangling," but the Sages say, "by the visitation of heaven."
Footnotes
198:1 Isaiah xxx. 20.CHAPTER X.
1. All Israel have a portion in the world to come, as is said, "Thy people also shall be all righteous," 2 etc. And these are they who have no portion in the world to come: he who says there is no resurrection of the dead in the law, and that there is no revealed law from heaven, and the Epicurean. R. Akiba said, "even he who reads in forbidden 3 books, and he who mutters over a wound;" and he said, "I will put none of these diseases upon thee, which I have brought upon the Egyptians: for I am the Lord that healeth thee." 4 Aba Shaul said, "even to meditate the NAME 5 in its letters."2. Three kings and four ordinary persons have no portion in the world to come. Three kings, Jeroboam, Ahab, and
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[paragraph continues] Manasseh. R. Judah said, "Manasseh had a portion in the world to come," as is said, "And prayed unto hire, and he was entreated of him, and heard his supplication, and brought him again to Jerusalem into his kingdom." 1 The Sages said to him, "He brought him back to his kingdom, but He did not bring him back to life in the world to come." Four ordinary persons, Balaam, and Doeg, and Ahitophel, and Gehazi, have no portion in the world to come.
3. The generation of the deluge has no portion in the world to come, and they stand not in judgment, as is said, "My Spirit shall not always strive with man." 2 (They have) neither judgment nor spirit. The generation of the dispersion has no portion in the world to come, as is said, "So the Lord scattered them abroad from thence upon the face of all the earth." 3 And the Lord scattered them in this world, and from thence the Lord scattered them in the world to come. The men of Sodom have no portion in the world to come, as is said, "But the men of Sodom were wicked and sinners before the Lord exceedingly," 4 wicked in this world, and sinners in the world to come. But they will stand in judgment. R. Nehemiah said, "neither one nor other will stand in judgment," as is said, "Therefore the ungodly shall not stand in the judgment, nor sinners in the congregation of the righteous." 5 "Therefore the wicked shall not stand in judgment;" this is the generation of the deluge: "Nor sinners in the congregation of the righteous;" "these are the men of Sodom." The (Sages) said to him, "they do not stand in the congregation of the righteous, but they stand in the congregation of the wicked." The spies have no portion in the world to come, as is said, "Even those men that did bring up the evil report upon the land, died by the plague before the Lord." 6 And they died in this world. They also died in the plague in the world to come. "The generation of the wilderness has no portion in the world to come, and they will not stand in judgment, as is said, 'In this wilderness they shall be consumed, and there they shall die.'" 7 The
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words of R. Akiba. R. Eliezer said, "of them He said, 'Gather my saints together unto me, those that have made a covenant with me by sacrifice.'" 1 "The congregation of Korah will not come up, as is said, 'And the earth closed upon them' 2 in this world. 'And they perished from among the congregation' in the world to come." The words of R. Akiba. R. Eliezer said, "of them he said, 'The Lord killeth and maketh alive; he bringeth down to the grave and bringeth up.'" 3 "The ten tribes will not return, as is said, 'And cast them into another land, as it is this day;' 4 as the day departs and does not return, so they depart and do not return." The words of R. Akiba. R. Eliezer said, "as the day darkens and brightens, so will it be with the ten tribes; as it was dark for them, so will it be bright for them."
4. The men of a city withdrawn to idolatry have no portion in the world to come, as is said, "Certain men, the children of Belial, are gone out from among you and have withdrawn the inhabitants of their city," 5 and they are not to be killed till the withdrawers be from the city itself and from the tribe itself, and till it withdraw the majority, and till the withdrawers be men. If the withdrawers be women, or children, or the minority be withdrawn, or the withdrawers be outside it, they are to be treated singly, and they need two witnesses, and a warning to each one of them. It is more grievous for individuals than for the multitude, because individuals must be stoned, though for that reason their money is safe for their heirs; but the multitude are cut off with the sword, and for that reason their money is lost.
5. "Thou shalt surely smite the inhabitants of that city," 6 etc. A caravan of asses or camels passing from place to place are delivered, as is said, "Destroying it utterly and all that is therein," etc. From thence they said, "the property of the righteous in it is lost, out of the city it is safe. But that of the wicked, whether inside or outside, is lost."
6. "And thou shalt gather all the spoil of it into the midst of the street thereof." 7 If it have no street, they must
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make a street for it. If there be a street outside of it, they bring it inside. "And shalt burn with fire the city and all the spoil thereof," its spoil but not the spoil of heaven. From thence they say, the holy things therein are to be redeemed, and the heave-offerings suffered to decay. The second tithes and holy writings are to be concealed. "Every whit for the Lord thy God." Said R. Simon, "The Holy One, Blessed be He, said, If you execute judgment on the withdrawn city, I count it for you as though you brought a burnt-offering wholly before me." "And it shall be an heap for ever; it shall not be built again." "Thou shalt not make of it even gardens or parks." The words of R. José, the Galilean. R. Akiba said, "it shall not be builded again. It must not be built as it was before, but it may be made (into) gardens and parks." "And there shall cleave nought of the cursed thing to thine hand." 1 Whilst the wicked are in the world, wrath is in the world. When the wicked are destroyed from the world, wrath retires from the world.
Footnotes
198:2 Isaiah Ix. 21.198:3 Lit. outside.
198:4 Exod. xv. 25.
198:5 i.e. to meditate with the intention to mutter JEHOVAH over a wound.
199:1 2 Chron. xxxiii. 13.
199:2 Gen. vi. 3.
199:3 Gen. xi. 8.
199:4 Gen. xiii. 13.
199:5 Ps. i. 5.
199:6 Numb. xiv. 37.
199:7 Numb. xiv. 35.
200:1 Ps. 1. 5.
200:2 Numb. xvi. 33.
200:3 1 Sam. ii. 6.
200:4 Deut. xxix. 28.
200:5 Deut. xiii. 13.
200:6 Deut. xiii. 15.
200:7 Deut. xiii. 16.
CHAPTER XI.
1. These are to be strangled,—he who beats his father or his mother, and he who steals a soul from Israel, and an "elder" who is rebellious against the judges, and a false prophet, and he who prophesies in the name of idolatry, and false witnesses proved to be perjured against a priest's daughter and her paramour. He who beats father or mother is not guilty till he make a bruise in them. It is more grievous to curse them than to beat them. Because if he cursed them after their death, he is guilty; but if he beat them after their death, he is free. He who stole a soul from Israel is not guilty till he bring him on his property. R. Judah said, "till he bring him on his property and obtain service by him," as is said, "And maketh merchandise of him, or selleth him." 2 "If he steal his own son?" R. Ishmael, the son of R. Jochanan, the son of Beroka, pronounces himp. 202
[paragraph continues] "guilty," but the Sages pronounce him "free." "If he stole one, half a servant and half free?" R. Judah pronounces him "guilty," but the Sages pronounce him "free."
2. The elder rebellious against the decision of the judges? as it is said, "If there arise a matter too hard for thee in judgment," 1 etc. There were three places of judgment. One place was by the door of the Mountain of the House; and one was by the door of the court; and one was in the chamber of hewn stone. The witnesses against the rebellious elder came to the one by the door of the Mountain of the House, and each one said, "so I expounded, and so my companions expounded; so I taught, and so my companions taught." If the judges listened to them, they told them: but if not, they went to those at the door of the court, and each one said, "so I expounded, and so my companions expounded; so I taught, and so my companions taught." If they listened to them, they told them; but if not, both parties went to the supreme court in the chamber of hewn stone, because from it the Law proceeded forth to all Israel, as is said, "Of that place which the Lord shall choose." 2 "If the rebellious elder returned to his city, and taught as before?" "He is free." "But if he decided to practise false teaching?" He is guilty, as is said, "And the man that will do presumptuously." 3 He is not guilty till he decide to practise his false teaching. A disciple who decided to practise false teaching is free. It follows that what is a grave offence in the one is a light offence in the other.
3. The burden in the words of the scribes is greater than the burden in the words of the law. He who said, "There are no phylacteries, so as to transgress the words of the law?" "He is free." He who said, "There are five frontlets, so as to add to the words of the scribes?" "He is guilty."
4. “The judges do not put such an offender to death in the tribunal of his city, nor in the tribunal of Jabneh, 4 but they bring him up to the supreme court in Jerusalem, and they guard him till a holiday; and they put him to death on a holiday, as is said, “And all the people shall hear and fear,
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and do no more presumptuously.” 1 The words of R. Akiba. R. Judah said, "they do not cause him anguish in delaying his judgment, but they execute him off-hand." And they write and send messengers to all places, "Such a man, the son of such a man, is condemned to death by the tribunal."
5. A false prophet, who prophesied what he did not hear, and what was not told to him, is put to death by the hands of man. But he who suppressed his prophecy, and he who added to the words of a prophet, and a prophet who transgressed his own words, is put to, death by the visitation of heaven, as is said, "I will require it of him." 2
6. And he who prophesied in the name of idolatry and said, "so the idol said," even though its decision was exactly to pronounce unclean the unclean, and to pronounce cleansed the clean, is to be strangled. And so also the false witnesses against a priest's daughter. Because all false witnesses are condemned to the same death which they had intended (for the accused), except false witnesses against the daughter of a priest, and they are to be strangled.
Footnotes
201:1 Deut. xiii. 17.201:2 Deut. xxiv. 7.
202:1 Deut. xvii. 8.
202:2 Deut. xvii. 10.
202:3 Deut. xvii. 12.
202:4 Now called Yebna.
203:1 Deut. xvii. 13.
203:2 Deut. xviii. 19.
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