json/Mishnah/Seder Nezikin/Mishnah Sanhedrin/English/Sefaria Community Translation.json

{
    "language": "en",
    "title": "Mishnah Sanhedrin",
    "versionSource": "https://www.sefaria.org",
    "versionTitle": "Sefaria Community Translation",
    "status": "locked",
    "license": "CC0",
    "versionTitleInHebrew": "תרגום קהילת ספריא",
    "actualLanguage": "en",
    "languageFamilyName": "english",
    "isBaseText": false,
    "isSource": false,
    "direction": "ltr",
    "heTitle": "משנה סנהדרין",
    "categories": [
        "Mishnah",
        "Seder Nezikin"
    ],
    "text": [
        [],
        [],
        [],
        [
            "Cross-examination of [witnesses] [occurs] in both monetary cases and capital cases, as it says, (Leviticus 24:22) \"You shall have one [i.e. the same] law.\" What is the difference between monetary cases and capital cases? Monetary cases [are tried] by three [judges], whereas capital cases by twenty-three. Monetary cases commence either [with arguments] to acquit or to render liable; whereas capital cases commence [with arguments] to acquit, but do not commence [with arguments] to convict. Monetary cases are decided by [a majority of] one, whether to acquit or to render liable; whereas capital cases are decided by [a majority of] one to acquit, but by [a majority of] two to convict. [In] monetary cases, [the verdict] may be reversed, whether to acquit or to render liable; whereas [in] capital cases, [the verdict] may be reversed to acquit, but may not be reversed to convict. [In] monetary cases, all may offer arguments to acquit or to render liable; [whereas in] capital cases, all may offer arguments to acquit, but not all may offer arguments to convict. [In] monetary cases, one who has offered an argument to render liable may [subsequently] offer an argument to acquit, and one who has offered an argument to acquit may [subsequently] offer an argument to render liable; whereas in capital cases, one who has offered an argument to convict may [subsequently] offer an argument to acquit, but one who has offered an argument to acquit may not retract [and subsequently] offer an argument to convict.  Monetary cases are tried in the day and may be completed at night; whereas capital cases are tried in the day and must be completed during the day. Monetary cases are completed on the same day [as they were started], whether to acquit or to render liable; whereas capital cases may be completed on the same day [as they were started] [if the verdict is] to acquit, but [must be completed] on the next day [if the verdict is] to convict. Therefore, [cases] are not tried on the eve of the Sabbath nor on the eve of a festival.",
            "Cases of impurity and purity begin [with arguments] from the greatest [judge]; [whereas] capital cases begin with [with arguments] from [the judges seated] on the side. Everyone is acceptable [i.e. qualified] to judge monetary cases, whereas not everyone is acceptable [i.e. qualified] to judge capital cases. Rather, [only] priests, Levites, and [ordinary] Jews whose daughters may marry into the priesthood [are qualified to judge].",
            "The Sanhedrin was [organized in the shape of a] semi-circular granary, so that every [judge] could see one another. Two court scribes stand before them, one on the right and one on the left, and they write the words of [judges arguing to] acquit and the words of [judges arguing to] convict. Rabbi Yehudah says, [there were] three; one writing the words of the [judges arguing to] acquit, one writing the words of the [judges arguing to] convict, and the third writing the words of [both] [the judges arguing to] acquit and words of the [judges arguing to] convict.",
            "And three rows of students sit before them, each recognizing his [proper] place. [When] they need to appoint [a new judge], they appoint [a student] from the first [row]. One [student] from the second [row] comes [i.e. moves up] to the first, and one [student] from the third [row] comes [i.e. moves up] to the second; and they select one more [student] from the community and seat him in the third [row]. He would not sit in the place of the original [student, whom he had replaced], but rather sits in the place appropriate for him.",
            "How do they instill fear [into the witnesses] in capital cases? They would bring them in and instill fear in them, [saying:] Lest you [offer testimony that includes] inductive inference, rumor, [information heard] from another witness, [or claim,] 'we heard [this] from a trustworthy individual,' or lest you did not know that we will interrogate you with cross-examination; you should know that capital cases are unlike monetary cases. [In] monetary cases, an individual  pays money and attains atonement. [However, in] capital cases, [the accused's] blood and the blood of his [potential] offspring until eternity are dependent on [the case's outcome]. For thus do we find with respect to Cain, who killed his brother, as it says, (Genesis 4:10) \"the bloods of your brother call out\"; it does not say \"the blood of your brother,\" but rather \"the bloods of your brother\"- his blood and the blood of his [potential] offspring. Another explanation [of the plural form]: \"the bloods of your brother\"- for his blood was splattered cast upon the trees and rocks. It was for this reason that man was created unique, to teach you that anyone who destroys one life from the Jewish people is considered by Scripture to have destroyed an entire world; and anyone who saves one life from the Jewish people is as if he saved an entire world. And also, to promote peace among people, that no one will say to his fellow, \"My ancestors are greater than yours.\" And also, so that sectarians will not say, \"There are many powers in Heaven.\" And also, to express the grandeur of The Holy One blessed be He: For a man strikes many coins from the same die, and all the coins are alike; whereas the King, the King of Kings, The Holy One blessed be He struck every man from the die of the First Man [Adam], and yet no man is quite like his fellow. Therefore, every person is obligated to say, \"For me the world was created.\" And lest you say, \"Why must we go through all this trouble?\" has it not already been said (Leviticus 5:1), \"he being a witness, whether he has seen or known, if he do not utter it, etc.\" And lest you say, \"Why must we [testify and thereby] be responsible for the [loss] of this person's life? has it not already been said, (Proverbs 11:10) \"And when the wicked perish, there is joy.\""
        ],
        [],
        [
            "Once the verdict is reached, they bring him out to stone him. The stoning area was outside the courthouse, as it says, (Leviticus 24:14) \"Bring out he who has cursed.\" One would stand before the entrance to the courthouse, his scarf in his hand; and another would ride on a horse before them at a distance, in order to see him. [If] one says, \"I have an argument for acquittal,\" then he waves the scarf, and the horse runs to stop him. And even if [the accused] says, \"I have an argument for my [own] acquittal,\" then he is returned; and this may happen even four or five times, so long as there is substance to his words. If he is acquitted, he is dismissed; and if not, he is brought out to be stoned. And an announcer comes out before him and announces, \"So-and-so son of so-and-so is being brought out to be stoned for having committed such-and-such transgression, and so-and-so and so-and-so are his witnesses. Anyone who has any knowledge as to his innocence should come and argue for him.\"",
            "[Once the accused] was about ten cubit from the stoning area, they say to him, \"Confess,\" for such is the way of those sentenced to death to confess, for all who confess have a share in the World to Come. For thus we find with respect to Achan, to whom Joshua said, (Joshua 7:19) \"'My son, give, I pray thee, glory to the LORD, the God of Israel, and make confession unto Him.'... And Achan answered Joshua, and said: 'Of a truth I have sinned against the LORD, the God of Israel.'\" And from where [do we know] that his confession atoned for him? As it says, (Joshua 7:25), \"And Joshua said: 'Why hast thou troubled us? the Lord shall trouble thee this day,'\" today you are troubled, but you are not troubled in the World to Come. And if he does not know how to confess, they say to him: \"Say, 'May my death serve as an atonement for all my iniquities.'\" Rabbi Yehudah says, if he knows he was [convicted by] false testimony, he says, \"May my death serve as an atonement for all my iniquities, excepting this iniquity.\" [The Sages] said to him, if so, all [sentenced to death] will say this in order to cleanse themselves [i.e. clear their name].",
            "[Once] he was four cubits from the stoning area, they remove his clothing. [If it is] a man, his front is covered; [if it is] a woman, her front and her back are covered, according to Rabbi Yehudah. But the Sages say, a man is stoned naked, but a woman is not stoned naked.",
            "The stoning area's height was that of two men. One of the witnesses pushes him on his loins. If he is turned on his heart, they turn him [over,] on his loins. If he dies from this, [the court] has discharged [its obligation].  If not, the second [witness] picks up the stone and puts it on his heart. If he dies from this, [the court] has discharged [its obligation]. If not, he is pelted with stones by all of Israel, as it says, (Deuteronomy 17:7) \"The hand of the witnesses shall be first upon him to put him to death, and afterward the hand of all the people.\" All who are stoned are hanged, according to Rabbi Eliezer. But the Sages say, the only [offenders] who are hanged are the blasphemer and the idolator. A man is hanged with his face toward the people, and a woman with her face toward the gallows, according to Rabbi Eliezer. But the Sages say, a man is hanged, but a woman is not hanged.  Rabbi Eliezer said to them, Did Shimon ben Shetach not hang women in Ashkelon?  They said to him, he hanged eighty women, and we do not [even] judge two [capital cases] in one day! How do they hang him?  They sink the beam into the ground, and [a piece of] wood protrudes from it, and one places his hands together, and hangs him. Rabbi Yose says, the beam leans on a wall, and they hang him the way that butchers do. And then they undo him [from the gallows] immediately. If he stayed there overnight, [the court] violates a negative commandment on his account, as it says, (Deuteronomy 21:23), \"His body shall not remain all night upon the tree, but thou shalt surely bury him the same day; for he that is hanged is a reproach unto God....\" That is to say: why has he been hanged?  Because he 'blessed' [i.e. cursed] God, and God's name has become desecrated.",
            "Said Rabbi Meir, when a human being is in distress, what expression does the Divine Presence use, as it were? \"My head is in pain, My arm is in pain.\" If so, the Omnipresent feels distress over the blood of the wicked that is spilled; how much more so [does He] over the blood of the righteous. And furthermore, anyone who leaves a dead body hanging overnight transgresses a negative commandment. But if one leaves a body hanging overnight for the sake of its honor, to bring it a coffin or shroud, he does not transgress [a negative commandment]. And such a body [i.e. that of one stoned to death] would not be buried in the grave of his ancestors. Rather, two grave-sites were set for the courthouse, one for those put to death by decapitation and strangulation, and one for those put to death by stoning and burning.",
            "When the flesh decomposed, they collect the bones and bury them in their proper place.  And the relatives come and greet the judges and the witnesses, as if to say, we hold nothing against you, since [we know that] your verdict was just. And they would not [observe rituals of] mourn[ing], but they would grieve, since grief is only in the heart."
        ],
        [
            "Four [forms] of capital punishment were given over to the courts: stoning, burning, decapitation, and strangulation. Rabbi Shimon says, burning, stoning, strangulation, and decapitation. This is the law [i.e. procedure] concerning those to be stoned.",
            "The law [i.e. procedure] concerning those to be burned [is as follows]:  They would set him into manure up to his knees, and put a stiff scarf inside a soft one, and wrap it around his neck. One would pull [one end] towards him and one would pull [the other end] towards him, until he [who was being executed] opened his mouth. Then [one] would light a wick and throw it into his mouth, and it would descend into his bowels and burn his entrails.  Rabbi Yehudah says, if he died by their hands [e.g. were he strangled by the cloth], they would not have fulfilled the commandment of [execution by] burning; rather [the procedure should be carried out as follows]: they open his mouth with pincers by force, and light the wick, and throw it into his mouth, and it would descend into his bowels and burn his entrails. Rabbi Eliezer ben Tzadok said, there was once a priest's daughter who committed adultery; they placed bundles of branches around her and burned her. The [Sages] said to him, [this happened] because the court at that time was not expert.",
            "The law [i.e. procedure] concerning those to be decapitated [is as follows]: they would cut off his head with a sword as the government does.  Rabbi Yehudah says, this is disgraceful; rather [the procedure should be carried out as follows]: they rest his head on a block and cut it with a hatchet. The [Sages] said to him, there is no death more disgraceful than that. The law [i.e. procedure] concerning those to be strangled [is as follows]: They would set him into manure up to his knees, and put a stiff scarf inside a soft one, and wrap it around his neck. One would pull [one end] towards him and one would pull [the other end] towards him, until his soul departed.",
            "These are [executed by] stoning: [a male] who sleeps with his mother, with the wife of his father, with his daughter-in-law, with a male, [or] with an animal; a woman who causes an animal to sleep with her; the blasphemer; the idolater; one who gives of his children to <i>Molekh</i> [a particular form of idolatry], the <i>ba'al 'ov</i> [necromancer]  and <i>yid'oni</i> [soothsayer]; one who desecrates the Sabbath; one who curses his father or mother; one who sleeps with a betrothed maiden; the <i>mesit</i> [one who entices an individual to commit idolatry]; the <i>mediach</i> [one who entices a city to commit idolatry]; the sorcerer; and the wayward and rebellious son. One who sleeps with his mother - [he] is liable [for violating two prohibitions, for the prohibition of sleeping with his] mother and for [the prohibition of sleeping with] his father's wife. Rabbi Yehudah says, he is only liable for [sleeping with] his mother. One who sleeps with his father's wife- [he] is liable for his father's wife and for a married woman, whether [the act occurs] in his father's lifetime or after his father's death, whether [she is his father's wife] through betrothal or through completed marriage. One who sleeps with his daughter-in-law- [he] is liable for his daughter-in-law and for a married woman, whether in his sons's lifetime or after his son's death, whether [she is his son's wife] through betrothal or through completed marriage. One who sleeps with a male or with an animal, or a woman who causes an animal to sleep with her- [even] if a person has sinned, how has the animal sinned [such that it also receives execution by stoning]? Rather, since [the animal] caused a person to commit an offense, Scripture therefore said, [the animal] should be stoned. Another explanation: [the animal is stoned] so that the animal not be passing through the market-place and [lead people to] say, \"This is the one that caused so-and-so to be stoned.\"",
            "The blasphemer - [he] is not liable until he [explicitly] utters the name [of God]. Rabbi Yehoshua ben Korchah said, every day the witnesses testify using a substitute name [in place of the actual Divine Name uttered by the blasphemer]: \"May Yossi smite Yossi.\" Once the verdict has been reached, they would not execute [the defendant] [on the basis of testimony] using a substitute name. Rather, [the judges] send everyone outside, and inquire of the greatest [witness] among them, saying to him: \"State explicitly what you heard,\" and he states [the blasphemy verbatim]. And the judges stand upon their feet and rend [their clothing]. And they may not [ever] mend [the rended clothing]. And the second [witness] says, \"I also [heard] like him,\" and the third [witness] says, \"I also [heard] like him.\"",
            "The idolator - [this includes the following:] one who worships, sacrifices, offers incense, pours libations, bows, accepts it as a god, and one who says to it, \"You are my god.\" But one who embraces, kisses, sweeps, sprinkles, washes, anoints, dresses, or puts shoes on it, [merely] transgresses a negative commandment [that does not warrant capital punishment]. One who takes a vow in its name or takes an oath in its name [merely] transgresses a negative commandment [that does not warrant capital punishment]. One who relieves himself to <i>Ba'al Be'or</i> [is liable, for] such is its worship. One who throws a stone at <i>Merkulis</i> [is liable, for] such is its worship. ",
            "One who gives of his children to <i>Molekh</i> - he is not liable until he gives over [the child] to <i>Molekh</i> and passes [the child] through the fire. [If he] gave over [the child] to <i>Molekh</i>, but did not pass [the child] through the fire; [or he] passed [the child] through the fire, but did not give [the child] over to <i>Molekh</i>, the man is not liable; [for he is not liable] until he gives over [the child] and passes [the child] through the fire. A <i>ba'al 'ov</i>- this is the magician who [causes the dead] to speak from his armpit; a <i>yid'oni</i>- this is the one who [causes the dead] to speak through his own mouth. These are executed by stoning, and one who consults them is [merely liable for] a negative commandment [that does not warrant capital punishment].",
            "One who desecrates the Sabbath- through an act for which a wanton violation renders him liable to spiritual excision, and a violation in error obligates him [to sacrifice] a sin-offering. One who curses his mother or father- he is not liable unless he curses them using the name [of God]. If he curses them using a substitute name, Rabbi Meir [maintains he is] liable, but the Sages exempt him.",
            "One who sleeps with a betrothed maiden- he is not liable unless she is a maiden, a virgin, betrothed, and in her father's household. If two sleep with her, the first is [executed] by stoning, and the second is [executed] by strangulation.",
            "The <i>mesit</i> - this is a layman who entices a layman, saying to him, \"There is a deity in such-and-such place; it eats thus, it drinks thus, it does good thus, it does evil thus.\" [Regarding] all [transgressions  that] incur capital punishment in the Torah, we do not conceal [witnesses to coax the defendant into transgressing], except for this one. If he said [i.e. enticed] to two, they are his witnesses, and they bring him to court and stone him. If he said to one, [the witness] says, \"I have friends who are interested.\" If [the <i>mesit</i>] is cunning and cannot speak before them, they conceal witnesses behind the fence, and [the original witness] says to [the <i>mesit</i>], \"Say [again] what you said to me in seclusion.\" [If] this one [the <i>mesit</i>] says it to him, [the witness] says, \"How can we forsake our God in Heaven and go and worship wood and stone!\" If [the <i>mesit</i>] retracts, all is good [i.e. he is not culpable]. [But] if he says, \"This is our obligation and this is good for us,\" those standing behind the fence bring him to court and stone him. One who says [any of the following is liable as a <i>mesit</i>:], \"I will serve\"; \"I will go and I will serve\"; \"we will go and we will serve\"; \"I will sacrifice\"; \"I will go and I will sacrifice\"; \"we will go and we will sacrifice\"; \"I will offer incense\"; \"I will go and I will offer incense\"; \"we will go and we will offer incense\"; \"I will pour libations\"; \"I will go and I will pour libations\"; \"we will go and we will pour libations,\" \"I will bow\"; \"I will go and I will bow\"; \"we will go and we will bow.\" The <i>mediach</i> - this is one who says, \"We will go and we will worship idols.\"",
            "The sorcerer - if he does an act of sorcery, he is liable, but not one who [merely] tricks the eyes. Rabbi Akiva says in the name of Rabbi Yehoshua, two people harvesting cucumbers, one harvests and is liable, while the other harvests and is exempt. The one who [gathers the cucumbers through] an act of sorcery is liable, [while] the one who [gathers cucumbers in the natural manner and merely] tricks the eyes is exempt."
        ],
        [
            "A wayward and rebellious son- at what time can he become a wayward and rebellious son? From when he grows two hairs until the beard grows full. [This refers to] the lower beard, not the upper beard, [but this expression is used] since the Sages spoke in clean language. As it says, (Deuteronomy 21:18) \"If a man have a son\": \"a son,\" and not a daughter; \"a son,\" and not a man. A minor is exempt, for he has not entered the category of [those obligated in] the commandments.",
            "From when is he liable [to be stoned]? When he eats a <i>tarteimar</i> of meat and drinks half a <i>log</i> [ measure of liquid] of Italian wine. Rabbi Yosi says, a <i>maneh</i> [equal to one hundred <i>zuz</i>] of meat and a <i>log</i> of wine. [If] he ate [it] in a <i>mitzvah</i> gathering;  [if] he ate [it] in [celebration of] the intercalation of the month; [if] he ate [it] as <i>ma'aser sheni</i> [the second tithe, which must be eaten in Jerusalem] in Jerusalem; [if] he ate <i>nevelot</i> [an animal not properly slaughtered] or <i>terefot</i> [a mortally wounded animal] or creepy crawlies; [if he ate] <i>tevel</i> [untithed produce] or <i>ma'aser rishon</i> [the first tithe] from which <i>terumah</i> [the portion given to the priest] has not been taken; or <i>ma'aser sheni</i> or <i>hekdesh</i> that has not been redeemed; [if] he ate something [in fulfillment of] a commandment or something [in violation of] a transgression; [or if] he ate all foods but did not eat meat; [or] drank all drinks but did not drink wine, he does not become a wayward and rebellious son, until he eats meat and drinks wine. As it says, (Deuteronomy 21:20) \"He is a glutton and a drunkard.\" And even though there is no proof to the matter [from a Scriptural verse], there is a reference to the matter, as it says, (Proverbs 23:20) \"Be not among winebibbers, among gluttonous eaters of flesh.\"",
            "If he stole from his father and ate in his father's domain; [if he stole] from others and ate in others' domain; [if he stole] from others and ate in his father's domain, he does not become a wayward and rebellious son, until he steals from his father and eats in others' domain. Rabbi Yosi bar Yehudah says, until he steals from his father and from his mother.",
            "If his father wants [to bring the son to court] and his mother does not want, [or if] his father does not want and his mother does want, he does not become a wayward and rebellious son, until they both want. Rabbi Yehudah says, if the mother were not appropriate for the father, he does not become a wayward and rebellious son. If one of [the parents] had a hand cut off, or was lame, mute, blind, or deaf-mute, he does not become a wayward and rebellious son. As it says, (Deuteronomy 21:19) \"Then shall his father and his mother lay hold on him,\" and not those whose hands have been cut off.  \"And bring him out,\" and not a lame person. (Deuteronomy 21:20) \"And they shall say,\" and not mute people. \"This our son,\" and not blind people. \"He does not listen to our voice,\" and not deaf-mute people. They warn him in front of three and lash him. If he repeats his misdeeds, he is judged by a court of twenty-three. And he is not stoned until the original three [judges] are present, as it says (Deuteronomy 21:20), \"This our son,\" he who was lashed before you. If he flees before the verdict has been reached and then his lower beard grows full, he is exempt. But if once the verdict was reached he fled, and then his lower beard grew full, he is [still] liable.",
            "The wayward and rebellious son is judged on the basis of his end. He should die innocent and not liable, because the death of the wicked is beneficial to them and beneficial to the world; but for the righteous, it is bad for them and bad for the world. Wine and sleep: for the wicked they are a benefit to them and a benefit for the world; but for the righteous, they are bad for them and bad for the world. Being scattered: for the wicked it is a benefit to them and to the world; but for the righteous, it is bad for them and bad for the world. Being gathered: for the wicked it is bad for them and bad for the world; but for the righteous, it is beneficial to them and beneficial to the world. Quiet: for the wicked it is bad for them and bad for the world; but for the righteous, it is beneficial for them and beneficial to the world.",
            "[A thief] who comes through a tunnel [into one's house] is judged on the basis of his end. If he came through a tunnel and broke a jug: if he has blood-guilt, he is liable; if he does not have blood-guilt, he is exempt.",
            "These may be saved [from transgression] with their lives [i.e. by killing them]: one who pursues his fellow to kill him, and [one who pursues] a male or a betrothed maiden [to rape them]. But one who pursues an animal [to commit bestiality], and one who [intends] to desecrate the Sabbath, and one who [intends] to worship idols, one may not save them with their lives."
        ],
        [
            "And these are [executed by] burning: one who sleeps with  with a woman and her daughter, and a priest's daughter who commits adultery. Included in the [prohibition] of \"a woman and her daughter\" are: his daughter, his daughter's daughter, his son's daughter, his wife's daughter, her daughter's daughter, his mother-in-law, the mother of his mother-in-law, and the mother of his father-in-law. And these are [executed by] decapitation: a murderer and the occupants of a wayward city [a city whose inhabitants are mostly idolatrous Jews]. A murderer who struck his neighbor with stone or iron, or held him down into water or into  fire such that he is unable to ascend from there, and [the victim] dies—he is liable. [If he] pushed him into water or into fire such that he is able to ascend from there, and he dies—he is exempt. [If he] set a dog on him or he set a snake on him, he is exempt. [If he] caused the snake to bite him, Rabbi Yehudah maintains he is liable, and the Sages maintain he is exempt. One who strikes his fellow, whether with a stone or with his fist, and they evaluated that the victim will die, and [his condition] improved from what it was, then later it became more severe, and he dies—he is liable. Rabbi Nechemiah says, he is exempt, because there is a basis for the matter [i.e. the claim that his death did not result from the blow].",
            "[If one] intended to kill an animal and killed a person; [or intended to kill] a non-Jew and killed a Jew; [or intended to kill] a fetus that was not viable and killed a viable fetus, he is exempt. [If he] intended to strike another on his loins, without enough [strength] to kill him [by striking] his loins, and the blow hit him on his heart with enough strength to kill him, and he died, he is exempt. [If he] intended to strike another on his heart, with enough strength to kill him on his heart, and the blow hit him on his loins, without enough strength to kill him on his loins, and he died, he is exempt. [If he] intended to strike an adult, without enough strength to kill an adult, and the blow landed on a minor, with enough strength to kill a minor, and he died, he is exempt. [If he] intended to strike a minor, with enough strength to kill a minor, and the blow landed on an adult, without enough strength to kill an adult, and he died, he is exempt. However, [if he] intended to strike another on his loins with enough strength to kill him on his loins, and the blow landed on his heart, and he died, he is liable. [Similarly, if he] intended to strike an adult, with enough strength to kill an adult, and the blow landed on a minor, and he died, he is liable. Rabbi Shimon says, even [if he] intended to kill this one, and he killed that one, he is exempt.",
            "[If] a murderer became mixed into a [group of] other people, they are all exempt. Rabbi Yehudah says, they bring them into the dome [a jail]. [If] many people mix with one another, [all of whom] are liable for execution, they are [all] executed with the least severe [form of execution]. [If] those who are to be stoned become mixed up with those who are to be burned, Rabbi Shimon says, they are to be stoned, since burning is the more severe. And the Sages say, they are to be burned, since stoning is the more severe. Rabbi Shimon said to them, if burning were not the more severe, it would not be given [as punishment] to a priest's daughter who committed adultery! They said to him, if stoning were not the more severe, it would not be given to to the blasphemer and the idolator! [If] those to be decapitated become mixed with those to be strangled, Rabbi Shimon says, [they are to be executed] with a sword [i.e. decapitated]. And the Sages say, by strangulation.",
            "One who is liable for two [forms of] execution is given the more severe. [If] he commits a transgression which incurs two death penalties, he is given given the more severe. Rabbi Yosi says, he is given [the one that accords with] the first obligation that comes upon him [i.e. he is given the form of execution warranted by the first transgression he committed].",
            "One who is lashed [as punishment for a transgression] and then repeats [that transgression], the court puts him in the dome and feeds him barley until his stomach bursts. One who kills someone in the absence of witnesses, they put him in the dome and feed him sparing bread and scant water.",
            "One who steals a <i>kasvah</i> [a vessel for use in the Temple]; one who curses [God] by enchantment; and one who sleeps with an Aramean woman—zealots may attack him. A priest who served while ritually impure, his fellow priests do not bring him to the court. Rather, the young priests take him outside the Temple courtyard, and split his skull with logs. A non-priest who served in the Temple: Rabbi Akiva says, [he is executed] by strangulation; and the Sages say, [his is executed] by Heaven's hands [and not by the court]."
        ],
        [
            "All Jews have a share in the World to Come, as it says, (Isaiah 60:21), “Thy people are all righteous; they shall inherit the land for ever, the branch of my planting, the work of my hands, that I may be glorified.” These have no share in the World to Come: One who says that [the belief of] resurrection of the dead is not from the Torah, [one who says that] that the Torah is not from Heaven, and one who denigrates the Torah. Rabbi Akiva says: also one who reads outside books, and one who whispers [an incantation] over a wound, saying, (Exodus 15:26) “I will bring none of these diseases upon thee that I brought upon the Egyptians for I am the Lord that healeth thee.” Abba Shaul says, also one who utters the Divine Name as it is spelled.",
            "Three kings and four commoners have no share in the World to Come. The three kings are: Jeroboam, Ahab, and Manasseh. Rabbi Yehudah says, Manasseh does have a share in the World to Come, as it says (II Chronicles 33:13), \"And [Manasseh]  prayed unto Him; and He was entreated of him, and heard his supplication, and brought him back to Jerusalem into his kingdom.\" [The Sages] said to him, to his kingdom He brought him back, but He did not bring him back to life in the World to Come. The four commoners are: Balaam, Doeg, Achitophel, and Gehazi.",
            "The generation of the Flood has no share in the World to Come, nor will it stand in judgment, as it is says, (Genesis 6:3) \"My spirit shall not abide [<i>yadon</i>] in man forever,\" neither judgment [<i>din</i>] not spirit. The generation of Division has no share in the World to Come, as it is says, (Genesis 11:8) \"So the Lord scattered them abroad from thence upon the face of all the earth.\" \"So the Lord scattered them,\" in this world; (Genesis 11:9) \"and from thence did the Lord scatter them abroad\" in the World to Come. The people of Sodom have no share in the World to Come, as it says, (Genesis 13:13) \"Now the men of Sodom were wicked and sinners against the Lord exceedingly.\" \"Wicked\" in this world, \"and sinners\" in the World to Come. But they will stand in judgment. Rabbi Nechemiah says , neither will stand in judgment, as it says, (Psalms 1:5) \"Therefore the wicked shall not stand in the judgment, Nor sinners in the congregation of the righteous.\" \"Therefore the wicked shall not stand in judgment,\" this is the generation of the Flood; \"nor sinners in the congregation of the righteous,\" this is the people of Sodom. [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 share in the World to Come, as it says, (Numbers 14:37) \"Even those men that did bring up an evil report of the land, died by the plague before the Lord.\" \"Died,\" in this world; \"in the plague,\" in the World to Come. The generation of the wilderness has no share in the World to Come and will not stand in judgment, as it is written, (Numbers 14:35) \"In this wilderness they shall be consumed, and there they shall die,\" according to Rabbi Akiva. Rabbi Eliezer says, about them [the verse] says, (Psalms 50:5) \"Gather My saints together unto Me; Those that have made a covenant with Me by sacrifice.\" The congregation of Korah will not ascend in the future, as it says, (Numbers 16:33) \"and the earth closed upon them,\" in this world; \"and they perished from among the assembly,\" in the World to Come, according to Rabbi Akiva. Rabbi Eliezer says, about them [the verse] says, (I Samuel 2:6) \"The Lord killeth, and maketh alive; He bringeth down to the grave, and bringeth up.\" The Ten Tribes will not return in the future, as it says, (Deuteronomy 29:27) \"[God] will cast them into another land, as it is this day.\" Just as this day goes and does not return, so too, they will go and will not return, according to Rabbi Akiva. Rabbi Eliezer says, just as the day grows dark and [then] grows light; so too, the Ten Tribes, for whom it grew dark, in the future it will thus grow light for them.",
            "The people of a wayward city have no share in the World to Come, as it says, (Deuteronomy 13:14) \"Certain base fellows are gone out from the midst of thee, and have drawn away the inhabitants of their city.\" And they are not executed unless those leading them astray are from that city and are from that tribe; and unless the majority [of that city] is lead astray; and unless men led them astray. [If] women or minors led them astray; or they only led a minority [of the city] astray; or the ones leading them stray were from outside [the city]—[those led astray] are [considered as] individuals [who each committed idolatry], and [they consequently] require two witnesses and warnings for every one [for them to be liable for execution by the court]. This [law] is more severe with respect to individuals than to the many: individuals are [executed by] stoning, and therefore their property escapes [destruction], [whereas] the many are [executed] by the sword [i.e. by decapitation], and therefore their property is lost.",
            "(Deuteronomy 13:16) \"Thou shalt surely smite, etc.\" Donkey drivers and camel drivers that pass from place to place, they can save it. (Deuteronomy 13:16) \"Destroying it utterly, and all that is therein, etc,\" from here they said: the property of the righteous inside [the city] is lost, [whereas the property of the righteous] outside [the city] escapes. [But] that of the wicked, whether inside or outside, is destroyed.",
            "As it says, (Deuteronomy 13:17) \"And thou shalt gather all the spoil of it into the midst of the broad place thereof\"; If it does not have a broad place, we make a broad place. If its broad place were outside, we bring it inside. As it says, \"And you shall burn with fire the city, and all the spoil thereof every whit, unto the Lord thy God.\" Its spoils, not the spoils of Heaven. From here they said: the <i>hekdeshot</i> [property consecrated to the Temple] within it must be redeemed; and the <i>terumot</i> [portions given to the priest] must be allowed to rot; <i>ma'aser sheni</i> [the second tithe, which must be eaten in Jerusalem] and Holy Scriptures should be buried. \"Every whit [<i>kalil</i>], unto the Lord thy God\": Rabbi Shimon says, said God, if you make judgment on a wayward city, I will consider it as if you offered a complete [<i>kalil</i>] burnt-offering before Me. \"And it shall be a heap forever; it shall not be built again\": you may not make [it even] gardens or orchards, according to Rabbi Yosi Hagalili. Rabbi Akiva says, \"it shall not be built again\": it may not be rebuilt to what it was, but it may be made into gardens and orchards. \" (Deuteronomy 13:18) \"And there shall cleave nought of the devoted thing to thy hand\": So long as the wicked are in the world, burning anger is in the world. [Once] the wicked are destroyed from the world, burning anger is removed from the world."
        ],
        [
            "These are [executed by] strangulation: one who strikes his father or mother; one who kidnaps a Jew; a <i>zaken mamre</i> [an ordained scholar who instructs people to act against Jewish practice as determined and ratified by the full Sandherin sitting in its chambers in the Temple in Jerusalem] [who rebels] against [a ruling of] the court; a false prophet; one who prophesies in the name of an idol; an adulterer; and [witnesses] who scheme against a priest's daughter and the one who sleeps with her. One who strikes his father or mother—[he] is not liable unless he wounds them. This [law] is more severe with respect to one who curses [his parents] than to one who strikes [his parents]: one who curses after [their] death is liable, while one who strikes after [their] death is exempt. One who kidnaps a Jew—[he] is not liable until [the kidnapper] enters [the kidnapped] into his domain. Rabbi Yehudah says, until [the kidnapper] enters him into his domain and puts him to work [as a slave], as it says, (Deuteronomy 24:7) \"and he deal with him as a slave, and sell him.\" One who kidnaps his [own] son, Rabbi Yishmael, the son of Rabbi Yochanan ben Beroka, maintains that he is liable; and the Sages maintain that he is exempt. One who kidnaps one who is half-slave and half-free, Rabbi Yehudah maintains that he is liable, and the Sages maintain that he is exempt.",
            "A <i>zaken mamre</i> [who rebels] against [a ruling of] the court—as it is written, (Deuteronomy 17:8) \"If there arise a matter too hard for thee in judgment, etc.\" There were three courts there, one sitting at the entrance of the Temple Mount, one sitting at the entrance of the Temple Courtyard, and one sitting at the Chamber of Hewn Stone. They come to the one at the entrance of the Temple Mount, and say, \"Thus I have expounded and thus have my fellows expounded\"; \"Thus I have taught and thus have my fellows taught.\" If they heard [the teaching], they tell them. If not, they come to those at the entrance of the Temple Courtyard, and say, \"Thus I have expounded and thus have my fellows expounded\"; \"Thus I have taught and thus have my fellows taught.\" If they heard [the teaching], they tell them. If not, they all come to The Great Court in the Chamber of Hewn Stone, from which Torah goes out to all of Israel, as it is says, (Deuteronomy 17:10) \"from that place which the Lord shall choose.\" [If] he returned to his city and taught again the way he taught [previously], he is exempt. [But if] he ruled [for others] to act [in accordance with his deviant teaching], he is liable, as it says, (Deuteronomy 17:12) \"and the man that doeth presumptuously\": he is not liable until he rules [for others] to act [in accordance with his deviant teaching]. A student [of his] who rules [for others] to act [in accordance with his teacher's deviant teaching] is exempt; it results that his stringency [that his is not qualified to offer practical instruction] is his leniency [that he is exempt from punishment].",
            "This [law] is more severe with respect to the words of the Sages than to the words of the Torah: One who says, there is no such thing as tefillin, in order to transgress the words of the Torah, is exempt. [But one who says] there are five compartments, [in tefillin] in order to add to the words of the Sages, is liable. ",
            "They do not execute him in his city's court or in the court at Yavneh; rather, they bring him up to the Great Court in Jerusalem, and they guard him until the festival, and they execute him on the festival, as it says, (Deuteronomy 17:13) \"And all the people shall hear, and fear, and do no more presumptuously,\" according to Rabbi Akiva. Rabbi Yehudah says, they do not delay the judgment of this one; rather, they execute him immediately, and they write and send messengers to every place [with the following message]: \"This man so-and-so son of that man so-and-so was liable to execution by the court. ",
            "A false prophet— [one who] prophesies regarding that which he did not hear and that which was not said to him, his death is by man [i.e. the court is empowered to execute him]. But one who suppresses his prophecy, and one who disregards the words of a prophet, and a prophet who transgressed his own words, his death is by Heaven [i.e. the court is not empowered to execute him], as it says, (Deuteronomy 18:19) \"I will require it of him.\"",
            "One who prophesies in the name of an idol— [this is] one who says \"thus said the idol,\" even if he directed his instruction to render the impure impure and the pure pure. An adulterer—once she has entered the domain of her husband through the full marriage ceremony, even though she has not had relations [with her husband], [another] who has relations with her is [executed] by strangulation. [Witnesses] who scheme against a priest's daughter and the one who has relations with her—since all scheming [witnesses] receive the same form of execution [as that incurred by the prohibition which they have schemed to falsely accuse another of transgressing], except for [witnesses] who scheme against a priest's daughter and the one who has relations with her. "
        ]
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah"
    ]
}