json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Nezikin/Bartenura on Mishnah Sanhedrin/English/Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020.json

{
    "language": "en",
    "title": "Bartenura on Mishnah Sanhedrin",
    "versionSource": "http://sefaria.org/",
    "versionTitle": "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020",
    "license": "CC-BY",
    "versionNotes": "",
    "shortVersionTitle": "Rabbi Robert Alpert, 2020",
    "actualLanguage": "en",
    "languageFamilyName": "english",
    "isBaseText": false,
    "isSource": false,
    "direction": "ltr",
    "heTitle": "ברטנורא על משנה סנהדרין",
    "categories": [
        "Mishnah",
        "Rishonim on Mishnah",
        "Bartenura",
        "Seder Nezikin"
    ],
    "text": [
        [
            [
                "דיני ממונות – that is admissions (according to Tractate Shevuot 6:1 – worth at least one Perutah) and loans.",
                "בשלשה – commoners/lay persons, for the Rabbis did not require three specialists, in order not to lock the door before loans, lest the borrower confess and specialists are not found to force him to court, but rather, or one [judge] would be a specialist or [all] three are commoners; but cases of theft and mayhem [require] three specialists, for [the word] אלהים/”God” (which means judges) is written in the section of the guardians in [the Torah portion] of “And these are the statutes” (Exodus, chapter 21 and beyond; specifically, the verses are: Exodus 22:6-8) , and from it we derive three specialists.",
                "נזק – [damage caused] by man or by a warned bull , who damaged him for which they pay complete damages.",
                "חצי נזק – an innocuous bull, who caused damage (and even though this is mayhem) , since it was necessary to teach in the Mishnah “double fines, and four and five-times payment, which he doesn’t pay like what he damages, when he pays more. The Tanna [our Mishnah] also taught half-damage in which he does not pay what he damaged, for he pays less. And since the Mishnah taught half-damage, it also taught [full] damages.",
                "ומוציא שם רע – “I did not find your daughter a virgin” (Deuteronomy 22:17); “and they shall fine him one hundred shekels of silver [and give it to the girl’s father for the man has defamed a virgin in Israel…]” (Deuteronomy 22:19).",
                "דיני נפשות – and if the matter was found to be true that she was unfaithful [to her husband] and they stoned her. And capital cases [are judged] by twenty-three, as seen further, and Halakha is according to the Sages."
            ],
            [
                "מכות – forty stripes",
                "בשלשה – as it is written (Deuteronomy 25:1): “…and they go to law, and a decision is rendered.” The word ושפטום/and they go to law – [denotes] two, and there can never be an even-balanced court, so we add upon them another [judge], for we have three [judges].",
                "רבי ישמעאל אומר: בעשרים ושלשה – it comes [by a comparison of the word] רשע רשע –[found in two different places by analogy]. It is written here (Deuteronomy 25:1) “declared the one in the right and the other in the wrong”, and it is written there (Numbers 35:31): “[You may not accept a ransom for the life of a murderer] who is guilty of capital crime; [he must be put to death].”Just as there (i.e., in Numbers 35:31), with twenty-three [judges], so here (Deuteronomy 25:1) with twenty-three [judges].",
                "עיבור החודש – the Sanctification of the [New] Month, and since it was necessary [for the Mishnah] to teach the intercalation of the year (i.e., proclaiming a leap-year/inserting a second Adar), so too it taught the intercalation of a month (i.e., proclaiming a month just past one of thirty days).",
                "בשלשה מתחילין – to see if one is able to appoint a Jewish court on this. And if one of the three [judges] says that there is a need for the Jewish court to sit and investigate if it is necessary to intercalate the year because of the solstice, and the spring and the fruition, but two say that it is not necessary, for there is no doubt here and for sure it is not necessary to have a leap year, the individual is nullified in his minority [status]. Two [judges] who say to appoint a Jewish court and one [judge] says not to appoint [a Jewish court], we follow after the two [judges], and we add two other [judges] who will engage in give-and-take in the matter, and hence we have here five. If two [judges] say that we must intercalate [the year] and three [judges] say that it is not necessary, the two are nullified in their minority. [But if] two [judges] say that it is not necessary and three [judges] say that it is necessary, we follow after the majority, and add another two [judges] so that that there will be seven and we intercalate it [i.e., the year]. And the Gemara explains that these three, five and seven correspond to the Priestly Blessing, for there are three words in the first verse, and in the second, five [words] and in the third [verse] seven [words], and the Halakah is according to Rabban Shimon ben Gamaliel."
            ],
            [
                "סמיכת זקנים – on the head of a bullock over a matter that escaped the notice of the community. And there is in the implication of these things also the appointment of a judge, for the greatest one who is ordained, needs to combine with him two [others] when he wants to ordain a Sage in order in order that he will be called “Rabbi” and will adjudicate laws of fines. And we use the language of סמיכה / laying of hands/ordination because it is written (Numbers 27:23): “He laid his hands upon him [and commissioned him – as the LORD had spoken through Moses].” And not that one requires the ordaining with his hands upon him, but by name, as they call him “Rabbi.” But there is no ordination outside of the Land of Israel, but it is necessary that the one who ordains and the ordainee are all together in the Land of Israel, for then he will have permission to adjudicate the laws of fines, and even outside of the Land, for the [authority of the] Sanhedrin applies both in the Land [of Israel] and outside of the Land [of Israel], after they have been ordained in the Land [of Israel]. And Maimonides wrote that it appeared to him that since we no longer have men ordained by the mouth of other men [going back] until the time of Moses our Teacher, if all the Sages in the Land of Israel would each ordain one individual or many, it would be that they would be ordained and able to adjudicate the laws of fines and they would be able to ordain others. And this matter requires a verdict by a majority of one.",
                "ועריפת העגלה בשלשה – since it is written (Leviticus 4:15): “ The elders of the community [lay their hands upon the head of the bull before the LORD…”, the lowest [value] of [the word] זקנים/elders is two, and there cannot be an even-balanced court, they add upon them another “one,” so that there are three.",
                "רבי יהודה אומר: בחמשה – [The word] וסמכו/and they lay their hands [denotes] “two”, [and the word] זקני/elders [denotes] two, and there cannot be an even-balanced court, they add upon them another “one,” so that there are five, and the Halakha is according to Rabbi Yehuda.",
                "מצות חליצה בשלשה – As it is written (Deuteronomy 25:9): “the brother’s widow shall go up to him in the presence of the elders…” The word זקנים /elders [denotes] two , and there cannot be an even-handed court, they add upon them another “one,” which makes three. And the other two which they add on are not [added] other than to publicize the matter.",
                "מיאונין – A minor orphan girl whose mother or brothers married her off, with her knowledge, and may go free with her protest against a marriage to her husband [contracted during her minority], which must take place [with a Jewish court] of three [judges], and in the Tractate Yevamot, it is proved that a woman’s protest it is enough [that the protest is lodged] in front of two [judges].",
                "נטע רבעי – if he comes to redeem [them] by setting aside its monetary value, and similarly for the Second Tithe, where their value is not known, such as fruits that rotted and they do not have a known market rate.",
                "וההקדשות – One who comes to redeem them requires three [judges] to estimate [their value].",
                "הערכין המיטלטלין – For a person who said: “[I vow] the value of so-and-so upon myself”, and he lacks money to give according to the established price and he comes to give [the equivalent] in movable objects, requires three [judges] to estimate [the value] of those movables.",
                "אחד מהן כהן – that in valuations [of a person or animal dedicated to the Temple], a Kohen is written (Leviticus 27:12): “whatever assessment is set by the priest shall stand.”",
                "והקרקעות – and if he lacks movable [objects] and comes to give land, it requires ten individuals who will assess [the value of] the land, and one of them must be a Kohen, that it will be according the value that he must give.",
                "ואדם כיוצא בהן – and if he said, the value of so-and-so is upon me, that we appraise the how much worth he would have to be sold in the marketplace, and he gives its monetary value, and this also requires that there would be ten [individuals], and one of them a Kohen in this appraisal."
            ],
            [
                "והרגת את האשה ואת הבהמה – that is an animal that copulates with a woman, which is compared by analogy to a woman. Just as a woman [is tried by a court] of twenty three, so is the animal [tried by a court of twenty-three.",
                "ואומר: \"ואת הבהמה תהרוגו\" – It is written concerning an animal that was copulated by a man. We have [thereby] learned/derived the animal that copulated with a woman and the animal that was copulated by a man.",
                "כמיתת הבעלים – that is to say, just as the owner is judged by [a court of] twenty-three [judges], if he was liable for the death penalty.",
                "כל הקודם להורגן זכה – when they killed a human being, and there is no need to bring them to be tried in a Jewish court.",
                "רבי עקיבא אומר: וכו' – It explains in the Gemara that there is a difference between the first teacher [of the Mishnah] and Rabbi Akiva. [Concerning] a snake – where the first Tanna [of the Mishnah] claims that its death is via a Jewish court of twenty-three [judges], but according to Rabbi Akiva, [the wolf], the lion, and the bear and the leopard and the hyena , their deaths [are administered] through [a Jewish court] of twenty-three [judges], but a snake, all who can kill it earliest, is [found] worthy, for it removes the one who causes damage from the world. And the Halakha is according to Rabbi Akiva."
            ],
            [
                "את השבט – the majority of a tribe that intentionally worshiped idolatry, they are not judged other than with a Jewish court of seventy one, as it is written (Deuteronomy 17:5): “You shall take the man or the woman [who did that wicked thing] out to the public place….”, You can take a man or a woman out to the public place, but you cannot take out a tribe to the public place (i.e., literally, “your gates”) other than with the large Jewish court [of seventy-one members].",
                "ולא את נביא השקר – The Rabbis learn/derive [by analogy from the double usage of the word] דבר דבר [from the case of] the rebellious elder [disregarding the decision of the Supreme Court]. It is written here (Deuteronomy 18:20): “[But any prophet] who presumes to speak [in My name an oracle that I did not command him to utter…],” and it is written regarding the rebellious elder (Deuteronomy 17:8): “If a case is too baffling for you to decide…” Just as the rebellious elder [is judged] in the Great Jewish court, as it is written, (Deuteronomy 17:8): “you shall promptly repair [to the place the LORD your God will have chosen], so also the false prophet [is to be tried] in the Great Jewish court.",
                "ולא את כהן גדול – For the Biblical verse states (Exodus 18:22): “…Have them bring every major dispute to you, [but let them decide every minor dispute themselves].” The matters for a great person, they should bring to you, and Moses was in place of [the court] of seventy-one.",
                "ואין מוציאין למלחמת הרשות – Every war except for the wars [against] the seven {Canaanite] natiosn and the war [against] Amalek, is called the optional (secular/political) war.",
                "אלא בבית דין של שבעים ואחד – as it is written (I Chronicles 27:34): “After Ahitophel were Jehoiada son of Benaiah [and Abiathar. The commander of the king’s army was Joab.” (In verse 33 is written:) “Ahitophel was a counselor to the king.” Jehoiada son of Benaiah is the Sanhedrin, for he was the greatest of them all and all of them were dragged after him. (The Bartenura or the Gemara – Sanhedrin 16b and see the Tosafot misquoted the verse).",
                "על העיר – Jerusalem, whose holiness is greater than the rest of the Land of Israel (see Mishnah Kelim, Chapter 1, Mishnah 6 and following).",
                "והעזרות – their holiness is greater than the holiness of Jerusalem and it is impossible to renew sanctity other than in the Jewish court of seventy-one, as it states in the Biblical verse (Exodus 25:9): “Exactly as I show you, etc. – so you shall make it,” for all generations. Just as the Tabernacle is holy through the mouth of Moses who is in place of the Great Sanhedrin, even for all generations, the addition of the city [of Jerusalem] and the courtyards – by the mouth of the Great Sanhedrin.",
                "ואין עושין סנהדראות לשבטים כו' – as we find with Moses who established Sanhedrins, for Moses stands in place of [the Great Sanhedrin] of seventy-one.",
                "ואין עושין עיר הנדחת – As it is written (Deuteronomy 17:5): “You shall take the man or the woman.” A man or a woman you take out to your gates (i.e., “the public place”), to the Jewish court that is in your city, but you do not take the entire city to your gates (i.e., “the public place”) other than to a special gate.",
                "בספר – [on the border] a city that separates between the Land of Israel and the heathen countries, as it is written, “among you” (Deuteronomy 17:2), but not from the border. And the reason of the verse is, lest the heathens hear and come and lay waste/destroy the Land of Israel; therefore, we do not leave eternal mound of ruins according to the statute of the apostate city, but we only kill all of its inhabitants.",
                "ולא שלשה – [but not three] towns, the apostate city with one Jewish court and in one place. That is to say, each is near to the other, but with two or three places we do it."
            ],
            [
                "ומשה על גביהן הרי שבעים ואחד – for the Biblical verse states (Numbers 11:17): “they shall bear [the burden of the people] with you, [and you shall not bear it alone],” and they will be with you.”",
                "רבי יהודה אומר: שבעים – Who expounds on the word אתך/with you, that are similar to you, and not that you will sit with them in judgement. But the Halakha does not follow Rabbi Yehuda.",
                "עדה שופטת – ten who make liable/guilty",
                "עדה מצלת – ten who acquit, and learn from this that there needs to be twenty for if they divided it, there would be ten making liable and ten acquitting.",
                "הטייתך לרעה על פי שנים – This is how the verse (Exodus 23:2) should be read: “You shall neither side with the mighty/multitude to do wrong” – to make guilty via a [majority of] one , so that there would be more than those who acquit; “but to pervert it in favor of the mighty” – with two, even for evil, so that there would be two more declaring guilty than those who acquit. Therefore, perforce, we require twenty-three [judges], for less than ten [judges] who acquit =, we don’t have to say, for it it is written (Numbers 35:25): “And the assembly shall protect (the manslayer from the blood avenger),” and further, we do not find that “guilt” is less than twelve.",
                "ואין בית דין שקול – We don’t make pairs in Jewish courts, for it they would split tdown the middle, it would be half and half – and we would not find giving a verdict according to the majority of votes by a majority of one for good; hence, we add to them one other [judge] so that there would be twenty-three.",
                "מאה ועשרים – The Gemara explains that twenty-three judges is a Small Sanhedrin. And three rows of twenty-three apiece sit before them, for if there was a need increase [the number of] judges, they would add from them, and there would be ten idle individuals [available]. These ten individuals are idle from all work and always sit in the House of Study. And two scribes [are available] who write the words of those who acquit and those who find guilty. And two men who announce the order of proceedings, sextons of the Jewish court who flog the guilty and invite the opponents in court, the two opponents [themselves], and two witnesses and two conspiring witnesses and two witnesses who find the previous witnesses to be conspiring, and two treasurers/managers [of the charity], and a third to distribute the tzedakah/charity, since charity is collected by two and distributed by a third, and an artisan doctor [whose task it is] to draw blood, and a scribe, and a teacher of children which [all together] equals one-hundred and twenty.",
                "מאתים ושלשים כדי שרי עשרות – since that is twenty three groups of ten, whereby each judge would be the prince of ten, for less than the princes of ten, we would not find rulership. But the Halakha does not follow Rabbi Nehemiah."
            ]
        ],
        [
            [
                "כהן גדול. אינו יוצא אחר המטה – Perhaps he would come to touch [the corpse] in the midst of his troubles. And the All-Merciful One said (Leviticus 21:11): “He shall not go where there is any dead body.”",
                "הן נכסין והוא נגלה – since those who carry the bier are covered from the entrance to a group of buildings/alleyway that is to say, when they left him; he was revealed and went inside within, but all the while that they were revealed and appeared in the alleyway, he was covered from them and did not enter into their midst.",
                "ויוצא עמהן עד פתח העיר – that in the city were found alleyways and he can cover himself from them, but outside of the city, there is no recognition.",
                "שנאמר: \"ומן המקדש לא יצא\" – Rabbi Yehuda expounds [on the verse – Leviticus 21:12]: “He shall not go outside the sanctuary,” at all. And Rabbi Meir expounds that he shall not leave from his holiness, that is, he should be careful that he not come in contact [with the bier] and within the city there are alleys where there is recognition and he is careful. And the Halakha is according to Rabbi Yehuda.",
                "וכשהוא מנם את אחרים – that is of a dead person that is not his (family), everyone admits that he is able to go and not go to the trouble that he won’t come in contact [with the bier]. And when they return from the graves and stand in a line to comfort the mourners and all the people pass one after another and comfort the mourner who stands at his standing post [to receive the consolation of the others in attendance] , and everyone says to him: “May you be comforted from Heaven.”",
                "הממונה – he is the deputy [High Priest] , who is appointed to serve in place of the High Priest, lest something occur to him that would make the High Priest unfit for service on Yom Kippur.",
                "והממונה מנצעו – who walks to the right of the High Priest and all the people are to his left, so that the High Priest is in the middle.",
                "אנו כפרתך – though us you will be forgiven – you and we under you for all that is appropriate to come upon you.",
                "וכשמברין אותו – for a mourner is forbidden to eat the first meal of his own [possessions], but his relatives and loved ones/friends feed him.",
                "מסובין על הארץ – they distress themselves and mourn in his grief/pain.",
                "והוא מיסב – with honor on his bench."
            ],
            [
                "המלך לא דן ולא דנין אותו – and specifically the kings of Israel who do not listen to the words of the Sages. But a king from the kings of the House of David, [serve as] judges and we judge him, as it says (Jeremiah 21:12): “O House of David, thus said the LORD: Render just verdicts morning by morning…”",
                "אין שומעין לו – since a king who has forgone the honor due to oneself, his honor is not remitted and it is a disgrace to him that he should loosen his shoe and she should spit in his face. And whomever is not someone who should undergo the ceremony of removing the shoe, she also is not someone who should undergo levirate marriage, and such is the Halakha.",
                "מלך נושא אלמנתו של מלך – And the halakha is according to Rabbi Yehuda in this."
            ],
            [
                "אינו יוצא מפתח פלטרין שלו – for it is a disgrace for the king to show his grief before the people.",
                "לפייס את העם – in order that they should know that it was not at the David’s advice that Joab should kill Avner [son of Ner, the military commander of Saul] (See 2 Samuel 3:37). And the Halakha is not according to Rabbi Yehuda.",
                "דרגש – bed"
            ],
            [
                "למלחמת הרשות – The wars of the rest of the nations, except for the war vs. Amalek and the War of the seven [Canaanite] nations.",
                "ופורץ – the fence of others",
                "לעשות לו דרך – to go to his vineyard and to his field",
                "אין ממחין בידו – we don’t prevent him",
                "חלק בראש – he chooses the best portion first and takes one half of all the spoil.",
                "אלא שמונה עשרה – for David had had six wives as the prophet [Nathan] said to him (2 Samuel 12:8): “[I gave you your master’s house and possession of your master’s wives; and I gave you the House of Israel and Judah] and if that were not enough, I would give you twice as much more.” The first mention of כהנה – is six and the latter [mention of] כהנה – is [another] six, that makes eighteen [wives].",
                "מרבה הוא לו – More than eighteen. And there three disputations in this matter. The first Tanna/teacher holds that he marries eighteen, and even if they are loose in moral conduct, but more than eighteen he should not marry even if they are valid, for that is the decree of the Biblical verse. Rabbi Yehuda holds that he marries eighteen and even if they are loose in moral conduct, but more than eighteen who are loose in moral conduct, he should not marry, but if they are valid and worthy, he may marry as many as he wishes. And he disagrees with the first Tanna in one matter. Rabbi Shimon states that even one [wife] who is loose in moral conduct, he should not marry, but valid and worthy [wives], he cannot marry more than eighteen. And he disagrees with the first Tanna in one matter and with Rabbi Yehuda in two matters. And the Halakha is according to the first Tanna.",
                "אלא כדי מרכבתו – and specifically idle horses to give him comfort and to increase the mass of horses, is prohibited. But, in order that his chariots and horsemen can fight his enemies, it is permitted.",
                "אספניא – the salary of the soldiers who come in and go out with him throughout the year.",
                "וכותב לו ס\"ת לשמו – besides the Torah scroll that every Jewish person is required to have with him, and it is placed in his storehouse. And the Torah scroll that he writes for himself when he is King always enters and goes out with him.",
                "מיסב – on the table"
            ],
            [
                "כשהוא מסתפר – when he shaves the hair of his head"
            ]
        ],
        [
            [
                "זה בורר לו אחד – One of the litigants selects for himself one judge for adjudicate for him and change his verdict to innocence. And similarly, the second [litigant] chooses for himself a judge, and two of the litigants together choose another third judge, and through this, a faithful and truthful judgment will result, for both litigants will listen the judgment and they will say that truth was adjudicated for us. For the guilty party will hold: “Behold, on my own, I chose the one, and if he is able to change the verdict to innocence, he would change it. And the third judge on his own is willing to change the verdict to innocence for both of them , because both of them (i.e., the litigants) chose him.",
                "וחכמים אומרים: שני הדיינים בוררים להם אחד – without the knowledge of the litigants, in order that the heart of the third judge would not lean towards one of them. And the Halakha is according to the Sages.",
                "זה פוסל דיינו של זה – He can say, I will not judge before the Jewish court that you have selected",
                "בזמן שהביא עליהן ראיה – for this one brings evidence on one judge that he selected to invalidate him.",
                "אבל אם הם כשרים ומומחים – This is how it should be understood: But if they were worthy in that they are neither relatives nor invalid, even though they sit on street corners, they became like specialists and he cannot invalidate them. The Halakhic decision on this is that when the litigants accepted who would judge them, whether for an individual or for the public, and he made a legal decision for them, his judgment is law and they cannot reverse his judgment even though he is not a specialist recognized by the public, and if it is known that he erred, if it is something from the Mishnah that he erred in or something explicitly written in the Gemara, they revoke the matter and re-judge it according to Halakha. But if it is impossible to revoke the matter such as the case that the person who took the money illegally went abroad, the judge is exempt form payment after they had accepted him [as judge] over them, for even though he caused for damage [to be done], he did not intend to cause damage. And if he had erred in his weighing between opposing views, and this is a matter that the Tannaim or Amoraim or Gaonim disputed about, but the general practice is like one off them, and the judge adjudicated like according to the words of that Gaon whose opinion was not like the general practice, if he did not engage in give and take by hand, he should retract the judgment, but if it is impossible to retract, he should pay from his own estate, and if he engaged in give-and-take by hand , what is done is done and he should pay from his own estate. But a judge whom the litigants did not accept but stood up on his own [to be a judge] or a king appointed him or some of the elders of the community appointed him, if he is not a specialist recognized by the public, even though he received permission from the Exilarch his judgments are not law, whether he erred or whether he did not err. And he is not amongst the judges but rather amongst those who act by force, and each one of the litigants if he wants, he reverses the decision and the judgment returns before the Jewish court. And if he erred and did not engage in give-and-take by hand, the judgment should be reversed, and if it is impossible to reverse it, he should pay from his estate according to the law of all who cause damage, and if he engaged in give-and-take by hand he should pay from his estate and return from what the litigant gave him which was not according to Halakha. But specialist recognized by the public whom the litigants accepted or that he received permission [to judge] from the Exilarch even though the litigants did not accept him, for such he is a specialist, if he erred in a matter whether from the Mishnah or from making a decision after weighing between opposing views, and it is impossible to reverse the decision, he is exempt from making payment. And a specialist who received permission from the Exilarch must force the litigants before him that they will adjudicate before him, whether they wanted to or did not want to, whether in the land of Israel or outside the land of Israel. And whomever received permission from the Nasi in the land of Israel cannot force the litigants other than only in the land of Israel. And he who is a specialist, is one who learned the Written Torah and the Oral Torah and knows how to think, to make analogies and to understand a thing from the midst of another thing (and he is called a specialist). And when he is recognized and known and his character/substance has gone out [and become known] among the men of his generation, he is called an expert recognized by the public, and he may judge singularly (i.e., alone) and even if he did not receive permission from the Exilarch.",
                "זה פוסל עדיו של זה – This is a dispute between Rabbi Meir and the Rabbis which is maintained in the Gemara, for when a litigant said: “I have two sets of witnesses in the manner” and he brings the first set and the opposing litigant stands with one another [person] and says, they are invalid, Rabbi Meir states he and another [person] may invalidate them, and he is not an interested witness, for he said that he has another set [of witnesses], but if he requested and did not find [them] he loses. And the Rabbis think that even though he said at first: “I have two sets of witnesses,” he can retract and say “I do not have ought of these, and the person who comes to invalidate them is an interested witness but they are not invalidated by his mouth. And the Halakha is according to the Sages."
            ],
            [
                "נאמן עלי אבא – to be a judge. Even though he is ineligible from the Torah to judge me neither for acquittal nor for guilt, as we derive it from (Deuteronomy 24:16): “Parents shall not e put to death for children [nor children be put to death for parents: a person shall be put to death for his own crime].”",
                "נאמנים עלי שלשה רועי בקר – to judge, for if it were for giving testimony, shepherds of cattle are valid.",
                "רבי מאיר אומר: יכול לחזור בו – even after the final decision has been rendered, after the judge has received and the testimony and declared that so-and-so, you are innocent/acquitted.",
                "אינו יכול לחזור בו – after the final decision has been rendered alone, that the Rabbis dispute the [opinion of] Rabbi Meir, for prior to the final decision being rendered,, the Sages agree with Rabbi Meir that he can retract. And also if they acquired [something] from his hand, when he receives the testimony of a certain person or the judgment of a certain person, even prior to rendering a final decision, he cannot retract, because there is nothing after an affirmation/acquisition (by handing over an object from one to the other contracting parties). And this is the Halakha.",
                "דור לי בחיי ראשך – Let us make a vow by the life of your head and I will give you what you demand/claim, and you do not have to say: “You are remitted for what I have that is with you.” And he makes a vow or acquires it from his hand, even though he had not yet taken a vow, he may not retract, according to the words of the Sages. And the Halakha is according to the Sages."
            ],
            [
                "ואלו הן הפסולים – to judge or to testify [as witnesses].",
                "המשחק בקוביא – is ineligible for testimony because he does not engage in the welfare of the world. For it is forbidden for a person that he should engage himself other than in [the study of] Torah and deeds of lovingkindness, or in business and crafts or work which have [as its purpose] the welfare of the world.",
                "ומלוה בריבית – both the borrower and the lender are ineligible, and we hold that both the lender and the borrower violate a negative commandment.",
                "ומפריחי יונים – there are those who explain this – as one of a kind of game/competition: “If yuour dove will come before my dove, I will give you such and such.” And there those who explain this as one who raises doves who know how to bring [other] doves to the house of its master against their will. And there is in this theft because of the ways of peace, but not complete theft.",
                "וסוחרי שביעית – who do business with seventh year produce, and the Torah stated: (Leviticus 25:6): “But you may eat whatever the land during its sabbath will produce...,” but not for business.",
                "רבי שמעון אומר: – In the Gemara, it explains this matter of Rabbi Shimon as such: At first, they would call them “people who collect seventh-year produce for themselves,” who were ineligible for testimony, just like those who engaged in the business of seventh-year produce.",
                "משרבו האנסין – those who request portions of the King – such and such Korim of grain in each year. And they needed to gather the grain of the seventh year to pay off from it the portions of the king. And they went back to call only those who do business with grain of the seventh year are ineligible [to serve testify] but those who collect grain of the seventh year to give to the king are valid for testimony, and since they don’t collect it to store for themselves. But with regard to Halakhic decision-making, whomever transgressed a sin which makes him liable for death by the Jewish court or extirpation or flogging, is ineligible for testimony. And those liable for death are called רשע/wicked, as it is written (Numbers 35:31): “[You shall not accept a ransom for the life of a person] who is guilty of a capital crime; [he must be put to death].” And regarding those who are liable for flogging, it is written (Deuteronomy 25:2): “And if the guilty one is to be flogged…” And the Torah stated (Exodus 23:10): “You shall not join hands with the guilty to act as a malicious witness.” And the Rabbis expound on “You shall not join guilty hands.” And if he is flogged, he returns to his validity [as a witness], as it is written (Deuteronomy 25:3): “Your brother be degraded before your eyes.” Since he was flogged, he is like your brother. And if he took money, not according to the law, even though he is not liable by it for death or flogging, he ineligible for testimony, such as a thief and a robber and one who lends at interest. But if he took monies which have a Rabbinical prohibition, he is Rabbinically ineligible for testimony, such as those who are dove-racers (i.e., pigeon-racers), and an extortioner who gave money and took an object that the owners did not want to sell, and the which the tax-collectors and the customs collectors , who took it for themselves, and those who receive tzedakah in public from the heathens, these and those like them are Rabbinically ineligible for testimony. And their testimony is not nullified until they announce about them and make them public knowledge. But those who are ineligible to testify from the Torah do not require announcement, and all who are ineligible to testify whether from the Torah or from their words (i.e., the Rabbis), if it is known from their affairs that they completely repented and the monies that they took illegally were returned and that they made a fence and a partition (i.e., a guard against transgressing the law) for themselves in that matter where they had sinned so that they would not add to do this any further; behold, these returned to the validity [for testimony]. But those who are dice players, even though there is now theft, even from their words (i.e., the Rabbis), they are ineligible for testimony, because they do not engage in the welfare of the world and lack the fear of heaven. And especially because they have no work or craft other than this, according to the words of Rabbi Yehuda. And this is the Halakha. And when is their return? When they break their dice and accept upon themselves that even for free they should not do this."
            ],
            [],
            [
                "שושבינו – this friend from the days of his wedding, he is ineligible to him all the days of the wedding [week].",
                "לא נחשדו ישראל על כך – to testify falsehoods because of enmity and love. And such is the Halakha. And especially in testimony, the Rabbis dispute this, but by law, the Rabbis admit that he is ineligible to judge, for if he would be merciful to him, he would not be to see him as guilty; and it he hates him, he would not be able to reverse his ruling to make him innocent."
            ],
            [
                "ומאיימין עליהם – we inform them that those who hire false witnesses despise them themselves and we call them “wicked,” as it is written concerning Naboth [and his vineyard] (I Kings 21:10): “And seat two scoundrels opposite him and let them testify against him: [You have reviled God and king!]...,” for the advisers of the king who were advisers who had been hired, we call them, “scoundrels.”",
                "הוא אמר לי – the borrower said to me",
                "לא אמר כלום – that a person does when he says “so-and-so loaned me” in order that people should not consider him rich.",
                "הודה לו – for both of them were in our presence and to admit to him tha thtey they had the intention, to be for him witnesses in this matter.",
                "אפילו שנים מזכין או מחייבים ואחד אומר איני יודע יוסיפו הדיינים – and even though that if he had disputed them, he would be nullified in his minority. For when he said, “I don’t know,” it is like he had not sat in judgment; it was found that the judgment was with two and we require three."
            ],
            [
                "היו מכניסין אותן – to the litigants. For after they had heard their claims, they would remove them to the outside, in order that they could engage in give-and-take on the matter and the litigants would not [be able to] hear who declares whom guilty and whom innocent."
            ],
            [
                "הבא ראיה – document of innocence/acquittal",
                "הרי זה אינו כלום – For behold he said, “I don’t have it.” And we suspect that lest it is forged or he hired false witnesses.",
                "אמר רבן שמעון בן גמליאל – But the Halakha is not according to Rabban Shimon ben Gamaliel.",
                "קרבו פלוני ופלוני והעידוני – In this, even Rabban Shimon ben Gamaliel admits, that since he had known about them and said “I don’t have it.” He is definitively a liar. But the person who claims that he has witnesses or proof abroad, we don’t listen to him to delay the execution of capital punishment until he sends [for the materials that are] abroad. But we decide the law according to what we see from him right now. And when he brings witnesses or proof, we overturn the verdict and return and judge according to the witnesses or the proof that he brought.",
                "אפונדתו – girding, wearing apparel for travelling; and there are those who explain it as clothing that is close to his skin."
            ]
        ],
        [
            [
                "אחד דיני ממונות ואחד דיני נפשות – And regarding capital cases, it is written (Deuteronomy 13:15): “ You shall investigate and inquire [and interrogate thoroughly]…,” and this is the law of the Torah. But the Sages said that we do not lengthen in investigations and inquiries in monetary cases so that we don’t shut the door before borrowers, other than if the Jewish court saw that the proceedings in court which bear evidences of fraudulent claims or statements (see Sanhedrin 32a). For investigations and inquiries are the question in its own accord, such as: “how much [money] did you lend him?” and “when did you lend him?” and “for what purpose did you lend him?,” and “in what place did you lend him?” But there is another type of question which is called examination and it is not related to the matter, such when they ask him: “What was he wearing? Black utensils or what utensils? Was he standing or sitting at the time you lent him?",
                "פותחים – the give-and-take of the judgment case, whether for acquittal or for guilt.",
                "מחזירין – they reverse the decision after they have completed the deliberations and knew that they had erred.",
                "ואין הכל מלמדין חובה – that if one of he students said: “I am able to argue about him that he is guilty,” we do not listen to him.",
                "דנים ביום וגומרין בלילה – As it is written (Exodus 18:22): “Let them judge the people at all times…” and it is written (Deuteronomy 21:16): “When (i.e., “on the day”) he wills the property to his sons, [he may not treat as first-born the son of the loved one in regard of the son of the unloved one who was older].” In what manner? The daytime is the beginning of the proceedings and the night time is the conclusion of the judgment.",
                "דנין ביום וגומרין ביום – As it is written (Numbers 25:4): “[The LORD said to Moses, ‘Take all the ringleaders] and have them publicly impaled before the LORD (i.e., during the sunlight), [so that the LORD’s wrath may turn away from Israel.’]”",
                "גומרים בו ביום בין לזכות בין לחובה – As Scripture states (Isaiah 1:21): “[Alas, she has become a harlot, the faithful city] that was filled with justice, where righteousness dwelt – [but now murderers].”",
                "לפיכך אין דנים לא בערב שבת – as it will be found that the completion of the legal proceedings will be on Shabbat [proper] and to delay it until after Shabbat is impossible because of the delay in executing judgment [is illegal], and to judge him on that [selfsame] day is impossible, for the four forms of capital punishment do not override the Sabbath, as it says (Exodus 35:3): “You shall kindle no fire throughout your settlements on the sabbath day,” it taught regarding those who were liable for burning, that we do not burn them on the Sabbath, and this same law applies to the other forms of capital punishment."
            ],
            [
                "מן הצד – from the smallest in wisdom who were sitting on the side, as Scripture states (Exodus 23:2): “…you shall not give perverse testimony/\"לא תענה על-רב\" in a dispute…” It is written as \"רב\" [even though in the fuller written version it is pronounced as \"ריב\" ) – meaning do not pervert testimony of the expert assessor at court to whom questions of law are referred/the distinguished instructing judge and pervert his words, therefore, we do not listen to his words other than at the conclusion [of the proceedings].",
                "הכל כשרים לדון – and even a convert [may judge monetary cases], and he whose mother is from Israel, and an illegitimate person/Mamzer is also fit to judge monetary cases.",
                "ואין הכל כשרים לדון דיני נפשות – As it is written (Exodus 18:22): “…Make it easier for yourself by letting them share the burden with you,” those that are similar to you. Just as Moses our teacher is of distinguished birth/legitimate descent, so to the Jewish court must be of distinguished birth/legitimate descent."
            ],
            [
                "כחצי גורן עגולה כדי שיהו רואים זה את זה – As Scripture states (Song of Songs 7:3): “Your navel is like a round goblet…” [The words] \"שררך אגן\"/”your navel is like” – refers to the Sanhedrin which sits in the navel of the world and defends the entire world, and it is similar to a goblet, as they sit in a circle like a half-moon. The Aramaic translation of ירח/moon is סיהרא /moonlight. But in a complete circle they do not sit because the litigants and the witnesses need to enter and to speak in the presence of everyone.",
                "רבי יהודה אומר: שלשה היו – in order that there would be two witnesses for those who acquit and two witnesses for those who declare guilty."
            ],
            [
                "ושלש שורות – and each row [consists] of twenty-three Sages, lest the judges should dispute and there would be a majority of those who declare guilty and a minority who acquit, and giving a verdict according to the majority of votes for evil cannot be by one, as it is written (Exodus 23:2): “You shall neither side with the mighty to do wrong…,” and you need to add two [judges] at a time, until [one reaches] seventy-one [total judges], for at no time does one add on to the [number of] judges to be more than seventy-one; therefore, one must place before them forty-eight to complete [the number] of seventy-one, and it is not the way of the world to make the rows of the students greater than that of the judges. Therefore, we make three rows.",
                "וכל אחד מכיר את מקומו – according to the order of their wisdom we place them [in seats]; therefore, each one must know his place.",
                "הוצרכו לסמוך – for example, if one of the judges died.",
                "ולא היה יושב במקומו של ראשון – the one who was chosen from the community does not sit in the place of the first [judge], ut rather in the place that is appropriate for him at the end of the third row, for the least of the students who are in the row are greater than the best of the community."
            ],
            [
                "מאיימין על העדים – that they will not testify falsely",
                "מאומד – that the opinion inclines that it is so.",
                "דיני ממונות – if he testified to obligate this one for money which is not according to the law, we cause him return it (i.e., the money) and he is forgiven.",
                "לפיכך נברא יחידי – to show you that from one person the fulness of the world is settled [by humans].",
                "רשויות הרבה – There are many gods and each one created his own [world].",
                "מה לנו ולצרה הזאת – to put our heads in this worrisome activity, and even on the truth.",
                "והלא כבר נאמר הוא עד – and you are obligated to state what you have seen.",
                "ושמא תאמרו מה לנו לחוב – to become liable for the blood of this one. It is more pleasant for us to stand without having to tell.",
                "הרי הוא אומר ובאבוד רשעים רנה – and if he is wicked, there is no further transgression at all."
            ]
        ],
        [
            [
                "היו בודקין אותו – After they had forewarned them, they would examine/investigate them in seven examinations, corresponding to seven expressions, as it is said in the Bible regarding those liable to the death penalty at the hands of the Jewish court (Deuteronomy 13:15): “You shall investigate and inquire and interrogate thoroughly…” These are three (i.e.ודרשת וחקרת ושאלת היטב ) But, [the word] \"ושאלת\" (you shall interrogate) is not part of the number for from it, we learned \"בדיקות\" /cross-examinations of witnesses as to minor circumstances. But in another place, He (i.e., God) says (Deuteronomy 17:4): “And you have been informed or have learned of it, then you shall make a thorough inquiry…” There are two others [here] – hence you have five. And in another place, He (I.e., God) says (Deuteronomy 19:18): “And the magistrates shall make a thorough investigation…” [which are] two more, hence you have seven.",
                "באיזה שבוע – of the Jubilee",
                "באיזה שנה – of the week (i.e., the seven year cycle)",
                "באיזה יום – of that week",
                "באיזו שעה – of the day, for all seven cross-examinations [referring to date, time and place] bring them into the refutation/conviction of [false] witnesses by proving an alibi, and lest there are no witnesses to prove them to be false for the entire day, but there are witnesses to prove them as false for that hour.",
                "רבי יוסי אומר – There is no need other than three forms of cross-examination: on which day, at which hour and in which place. But the Halakha is not according to Rabbi Yosi, but even if the witnesses stated that x killed y yesterday, we examine him with seven cross-examinations to unbalance their minds so that they will admit that there is a disqualification in their testimony.",
                "מכירין אתם אותו – the murdered individual. Perhaps he was a heathen. But this is not from the cross-examinations that will lead to the conviction of false witnesses, but like the other examinations which are not designed other than to prove contradiction of testimony lest one does not state like the words of his fellow, and [hence] he and them will be exempt.",
                "את מי עבד – Pe’or (i.e., the Moabite deity) or Mercurius (i.e., the name of the Roman divinity, identified with the Greek Hermes).",
                "ובמה עבד – slaughtering [of a sacrifice) or prostration [for prayer]."
            ],
            [
                "בן זכאי – Rabban Yohanan ben Zakkai. And at that time, he was a student who judged in the presence of his teacher; therefore, they call him “Ben Zakkai.”",
                "בעוקצי תאנה – that they were testifying about him that he killed him underneath the fig-tree, and Ben-Zakkai examined, whether its peduncles were thin or thick. The עוקץ /peduncle of fruits is the tail of the fruit where it is attached to the tree.",
                "אמר אחד איני יודע עדותן בטלה – for you cannot further prove them to be false/plotting witnesses with that cross-examination, and all the while that you are not able to fulfill the teaching of false witnesses with one of the witnesses, their testimony is invalid, and even if they are one hundred [witnesses], for witnesses are not made false until all of them are proved to be false/plotting [witnesses].",
                "בדיקות – even if all of them said that we do not know, the command of false/plotting witnesses is worthy to be upheld, since false witnesses is not dependent upon anything other than to say” “You wiere with us at that particular hour in a particular place.”",
                "עדותן בטלה – all of their testimony is invalid [that is in the Gemara] and he and they are exempt."
            ],
            [
                "שזה ידע בעיבורו של חודש – The person who said “on the second” knew that the previous month was full, and the first day of the month which is the thirtieth day, was from the previous month. And specifically, until the middle of the month, but from the middle of the month onward, their testimony is invalid, for there is a presumption that half the month doesn’t pass until the entire work would kknow when the Jewish court had sanctified the month.",
                "רבי יהודה אומר קיימת – a person must labor that he will miscalculate so much.",
                "חמה במזרח – from the place of the rising of the sun until the middle of the firmament is called, “east,” and from the middle of the firmament until the place where it sets is called, “west.”"
            ],
            [
                "נמצאו דבריהם מכוונים – and from now, they must engage in “give-and-take” in the matter.",
                "פותחין בזכות – If you did not transgress, do not be fearful",
                "אמר אחד מן העדים יש לי ללמד עליו זכות – even for acquittal, and all the more so, for guilty, we silence him, as it is written (Numbers 35:30): “…the testimony of a single witness against a person shall not suffice [for a sentence of death],” whether for acquittal or for guilt.",
                "אחד מן התלמידים – who are sitting before the judges [saying]: “I am able to teach concerning him [his] guilt.”",
                "משתקין אותו – As it is written (Numbers 35:30): “”…the testimony of a single witness against a person shall not suffice for a sentence of death,” for death he may not respond, but for acquittal, he may respond.",
                "אינו יורד משם כל היום – and even if there is nothing substantive in his words, but if if there is something of substance in his words, he never goes down [from the witness stand]."
            ],
            [
                "מעבירין אותו למחר – postpone the judgement until the morrow because of the reserving of the verdict for the next morning.",
                "שנים עשר מחייבין ואחד עשר מזכין – but being inclined for evil is lacking, therefore, they add judges.",
                "ואפילו שנים ועשרים חזכין או מחייבין ואחד אומר איני יודע יוסי פיו הדיינים – and this one that said, “I don’t know,” is like he doesn’t exist, and we do not judge capital cases either for acquittal or for guilt with less than twenty-three [judges].",
                "שנים שנים – if these two that they added were divided [in their opinions], this one towards here and other towards there, and still there is no being inclined – neither to the good by a majority of one or to evil by a majority of two, one needs to add another two [judges] and similarly until seventy-one.",
                "עד שיראה אחד מן המחייבים דברי המזכין – for there would be an inclination/leaning towards the good by a majority of one, and the same law applies if one those who would acquit would see the words of those who declare guilty. And at the time of the conclusion of legal proceedings, we establish that even one who taught for acquittal may [change his opinion] to teach for guilt. And this particular one who did not teach or until one of those [advocating] for acquittal the would see the words of those [advocating] for guilt, for he who taught for acquittal would retract."
            ]
        ],
        [
            [
                "נגמר הדין. חוץ לבית בין – far from the Jewish court, perhaps all the while that they bring him to the House of Stoning, they will find him for acquittal and he will be freed.",
                "והסודרין בידו – to wave, and it is a sign to return him.",
                "ובלבד שיהא ממש בדבריו – but if there is no substance in his words, the first and second time alone they return him, perhaps as a result out of fright he declared that he had nothing to say (i.e., he was intimidated), and perhaps his mind became clearer and he would remember his pleas; more than this, we don’t return him, and we transmit to him two Sages who would investigate if there is substance to this words, and then they would return him four or five times.",
                "ופלוני ופלוני עדיו – that he transgressed such-a-sin on a certain day at a particular time and in a certain place; perhaps there are those who would refute them as false witnesses."
            ],
            [
                "היה רחוק מבית הסקילה – since near to the House of Stoning, lest his mind would become unbalanced and he would be unable to confess.",
                "תן לו תודה – and even though a person is not killed by his own [admission], the killing of Achan (Joshua 7:19-20) was a special dispensation (i.e., a decision under an emergency).",
                "וכזאת וכזאת עשיתי – In the Gemara (Sanhedrin 47b) it explains that he committed a religious sacrilege with the devoted objects in the days of Moses.",
                "שהוא מזומם – that his witnesses were plotting/scheming witnesses (i.e., false witnesses).",
                "לנקות את עצמן – from creation and they will discredit the judges and the witnesses. But the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "מפשיטין את בגדיו – as it is written (Leviticus 24:14): “[Take the blasphemer outside the camp; and for all who r within hearing lay their hands upon his head,] and let the whole community stone him,” but not his clothing.",
                "מכסין אוצו מלפניו – one limb that is to say, a bit from him from the front, but the Halakha is not according to Rabbi Yehuda."
            ],
            [
                "היה גבוה שתי קומות – and we throw him down from there to the ground.",
                "הופכו על מתניו – for when he is lying on his back, it is more reprehensible.",
                "מגדף – because he blasphemes God.",
                "ועובד עבודה זרה – he is also a blasphemer, as it is written (Numbers 15:30): “But the person, [be he citizen or stranger] who acts defiantly reviles the LORD…” and this portion speaks of idolatry.",
                "ואין דנין שנים ביום אחד – in one Jewish court, because it is not able to restore each of one of them to their innocence, but the hanging of these women was a special dispensation, and we don’t learn from it. And the Halakha is not according to Rabbi Eliezer.",
                "משקיעין – wedged in.",
                "והעץ יוצא ממנו – like a peg that would come out from the beam near its top.",
                "ומקיף – supports this near, like to take Terumah out of a mass which is not in a close neighborhood of those products which are to be redeemed (Talmud Eruvin 32a).",
                "ותולין אותו – by his hands.",
                "הקורה מוטה על הכותל – it was not wedged into the ground but one head is on the ground and one head leans and is supported on the wall, and the reason of Rabbi Yosi is because the tree is that he is hung upon is buried with him, for the Torah said (Deuteronomy 21:23): “[You must not let his corpse remain on the stake overnight,] but must bury him the same day…,” he who is not requiring anything other than burial, we exclude that which requires digging, plucking/being detached and burial. But for the Rabbis, digging is not considered anything, and the Torah did not exclude other that the tree should be attached from its root. And the Halakha is according to the Sages."
            ],
            [
                "בזמן שאדם מצטער – for retribution comes upon him for his transgression.",
                "מה לשון אומרת – in which language does God’s presence bewails and laments on him?",
                "קלני מראשי – my head is heavy upon me and my arm is heavy upon me as a person who is tired.",
                "קלני – I am not light-headed.",
                "ולא זה בלבד – he transgresses the negative commandment of (Deuteronomy 21:23 – “you must not let his corpse remain on the stake overnight, but must bury him the same day…”) if you delayed his burial.",
                "לא היו קוברין אותו בקברות אבותיהן – because we do not bury a wicked person next to a righteous one.",
                "שני קברות היו מתוקנין לבית דין – because we don’t bury a person who was liable for a more stringent death penalty near one who was liable for a lesser death [penalty], and the Halakha is known well by two and not by four."
            ],
            [
                "נתעכל הבשר – he already was pardoned by his death and his disgrace.",
                "מלקטין את העצמות – and bury them in the graves of their ancestors.",
                "ולא היו מתאבלים – in order that their disgrace is atonement for them. And there are those who say: because the mourning devolves upon whomever closes the tomb with the stone placed on top of a burial cave."
            ]
        ],
        [
            [
                "ארבע מיתות. סקילה שריפה הרג וחנק – stoning is more severe than burning and both of them [are more severe] than decapitation and the three of them [are more severe] than execution by strangulation. And we derive from it that he who is liable for two death [penalties], we establish that he is judged by the more severe [of the two].",
                "רבי שמעון אומר וכו' – but Halakah is not according to Rabbi Shimon.",
                "זו מצות הנסקלין – this is explained in the above chapter (i.e., Chapter six, Mishnah four)."
            ],
            [
                "משקעין אותו – that he won’t turn himself around this way and that way, and the string will not all on to his skin.",
                "קשה לתוך הרכה – wrap a hard scarf inside the soft one; the hard one from the inside to choke and the soft one from the outside to balance",
                "את הפתילה – he kindles the string of the limb and squeeze it into his mouth.",
                "וחומרת – shrinks/curls – the language of (Lamentations 2:11): “My heart is in tumult”; and we derive it from the sons of Aaron as it says concerning them (Leviticus 10:6): “all the house of Israel shall bewail the burning [that the LORD has wrought],” but their bodies were not burned, for it is written (Leviticus 10:5): “They came forward and carried the out of the camp by their tunics…” Here too the command if burning is fulfilled even though only their bowels were burned alone, and this is more preferable as is it written (Leviticus 19:18): “Love your fellow as yourself…,,” it is clear to him a nice death.",
                "אף הוא אם מת בידם – that is to say, if he dies at their hands by their choking before throwing in the string.",
                "לא היו מקיימים מצות שריפה – therefore, they do not choke him.",
                "אלא פותחים את פיו בצבת – Tanalovia – in the foreign language; and the Halakha is not according to Rabbi Yehudah.",
                "שלא היה ב\"ד של אותה שעה בקי – they were Sadducees, for they lack the analogy but [only] the Bible [as understood] literally."
            ],
            [
                "רבי יהודה אומר ניוול הוא זה – that he kills him while standing and he falls.",
                "סדן – a thick piece of wood inserted into the ground like that of smiths, and they explained it like the Baraitha (Talmud Sanhedrin 52b), that the reason that Rabbi Yehuda disputes the Sages, since the Torah states (Leviticus 18:3): “…nor shall you follow their laws,” to which the Rabbis responded to him since it is written with a sword in the Torah and the Biblical verse stated (Exodus 21:20): “[When a man strikes his slave, male or female, with a rod, and he dies there an then], he must be avenged,” so we don’t derive it from them, and the Halakha is according to the Sages."
            ],
            [
                "אלו הן הנסקלין – there are from among them, that it is written concerning them explicitly “stoning,” and those that are not written on them “stoning,” are written concerning them, “his blood be upon him,” or “their blood will be upon them,” for every place where it says, “is blood be upon him,” or “their blood will be upon them” – is none other than stoning, as we derive from the cited ghost and soothsayer, as it is written (Leviticus 20:27): “…they shall be pelted with stones – their bloodguilt shall be upon them.”",
                "והנותן מזרעו למולך – For this Tanna holds that Molekh (the fire-god of the Canaanites) is not idolatry, but is a statute of the nations in general, since he teaches in the Mishnah “idolatry”, and also teaches in the Mishnah “Molekh.”",
                "והמקלל אביו ואמו – which is worse than striking [his father and/or his mother]. For there are two [forms of] degradation of his father and mother – as well as taking the Name of Heaven in vain, and it is taught in the Mishnah that he is not liable until he curses them by name.",
                "והמסית – individuals.",
                "והמדיח – The apostate city.",
                "מכשף – as it is written (Exodus 22:17): “You shall not tolerate a sorceress,” and near it (next verse, 18): “Whoever lies with a beast shall be put to death.” Just as the one who lies with a beast [shall be put to death] by stoning, so too, the sorceress, [shall be put to death] by stoning.",
                "הבא על האם חייב עליה – two sins, and with all of them [which deal with] incest [it is written concerning them \"כרת\" / extirpation and it is written concerning them] a separation of sins, and even with one body, and such is the Halakha.",
                "בין מן האירוסין – for since he betrothed her, she is his wife, as it is written (Leviticus 20:14): “If a man marries a woman….” From the time of his taking, she is called “his wife.” And this “taking” is Kiddushin/Sanctification, as we derive \"קיחה\"\\קיחה\" – from the field of Ephron (via an analogy – Leviticus 20:14 and Genesis 23:13 – “accept it from me, that I may bury my dead there”)."
            ],
            [
                "עד שיפרש את השם – and he will blaspheme the name of God by name, as it states (Leviticus 24:16): “If he also pronounces the name LORD, [he shall be put to death. The whole community shall stone him;] if he has thus pronounced the Name [he shall be put to death],” that he pronounces God’s name, by Name.",
                "בכל יום – all the time that there is give-and-take in the examination of the witnesses.",
                "היו דנין אותן בכינוי – any person who perverts matters and speaks like he is cursing and attaches to another is called a substitute in the language of the Sages, and in the language of the Bible (Job 32:22): “For I do not know how to temper my speech – [My Maker would soon carry me off!].”",
                "יכה יוסי את יוסי – AI heard because it is four letters [in length], and in Gematria, equals “Elo’him”/”God” (i.e., 86), therefore we use as a nickname, the name of four letters for “Yosi.”",
                "נגמר הדין – and the Jewish court comes to state that he is guilty, they are not able to kill him based upon this testimony that they heard, for they did not hear from their lips other than the curse by nickname.",
                "אלא מוציאים את כל האדם לחוץ – for it is a disgrace/obscenity to announce blasphemy in public.",
                "וקורעין ולא מאיחין – forever, [and specifically] and Alexandrian seam where the tear is not recognized, but other forms of sewing are permitted.",
                "אף אני לא שמעתי כמוהו – and he does not have to mention the blaspheming by Name.",
                "והשלישי אומר – and he brings it like one who says: just as two are one testimony, also three are one testimony."
            ],
            [
                "אחד העובד – idolatry in the way that it is the manner to do so.",
                "אחד הזובח – and even though it is not the manner of its worship like one of these four kinds of worship, he liable and all of the other forms of worship outside of these, one is not liable until one worships in the manner of these kinds of worship.",
                "והמקבלו עליו לאלוה – even by merely saying it. And there is an analogy by close textual association to sacrificing, as it is written (Exodus 32:8): “…and sacrificed to it, saying, ‘This is your god….”",
                "והאומר לו אלי אתה – in its presence, and the end section [of the Mishnah] comes to reveal the beginning [part of the Mishnah], for if the Mishnah had only taught the first section, I would think that these words [only] were in its presence, but not in its presence, I would not, therefore, the Mishnah teaches at the end, “in its presence,” so that it follows that at the beginning is “not in its presence” – and even so, he is liable.",
                "המגדף – embrace",
                "עובר בלא תעשה – an extra “you shall not serve them” is written (Exodus 20:5 and Deuteronomy 5:8).",
                "הנודר בשמו – a vow of abstinence (i.e., in place of a sacrifice and for consecration of an object – see Mishnah Nedarim, Chapter 1, Mishnah 2) from all the fruits of the world in the name of the such-and-such idol worship.",
                "המקיים – swears",
                "עובר בלא תעשה – (Exodus 23:13): “Make no mention of the names of other gods: [they shall not be heard on your lips].”",
                "הפוער עצמו – to splash excrement before it.",
                "וזו היא עבודתו – and even if he intended to despise it, for since this is its worship, he is liable for a sin-offering.",
                "והזורק אבל למרקוליס – that we worship him with the throwing of stones, and the removing a stone from before him is also liable, for we also worship him by the removal of stones.",
                "מרקוליס – the reverse of praise; “bitter” is the language of reversal, such as: Master of the charm formula, or instead of the ritually slaughtered hen, praise/decry, praise/disgrace.",
                "זו היא עבודתו – and even if he intended to stone him, he is liable for a sin-offering."
            ],
            [
                "שימסור למולך – transmit it in the hands of the [idolatrous] priests.",
                "ויעביר באש – pass him from one side to the other.",
                "עד שימסור ויעביר באש – as it says (Leviticus 18:21): “[Do not allow any of your offspring] to be offered up [to Molech, and do not profane the name of your God: I am the LORD],” and it is written there (Deuteronomy 18:10): “Let no one be found among you who consigns his son or daughter to the fire…” Just as consigning stated there is by fire, so to the consigning mentioned here is by fire.",
                "אוב זה פיתום – to take the skull of the dead after the flesh had been consumed and make an idolatrous offering of incense with it and divine from it future events and it responds.",
                "והמדבר משחיו – there are those who do it whereby the dead will respond via the arm-pit.",
                "ידעוני – a creature whose name is known and its form is like that of a human being in its face, hands and feet, and it is attached at its navel to a cord that goes out from the root that is rooted in the ground and from there is its life, and when we wish to hunt it, we shoot arrows to the cord until it is broken and it dies immediately. And it is called in the language of the Sages, “a human being of the mountain” [for divination].",
                "והנשאל בהם – who comes and ask to know through them and to tell him something of the future such as Saul (see I Samuel, chapter 28, where Saul consults with the witch of Endor).",
                "באזהרה – (Leviticus 19:31): “Do not turn to ghosts [and do not inquire of familiar spirits, to be defiled by them: I the LORD am your God].”"
            ],
            [
                "עד שיקללם בשם – with one of the special names.",
                "קללם בכינוי – “merciful,” “gracious,” “slow to anger” (see Exodus 34:7)."
            ],
            [
                "עד שתהא נערה – and not a female minor younger than the age of twelve years and one day, nor an adult woman who has passed twelve years, sixth months and a day.",
                "בתולה – and not a woman who is no longer a virgin, and if she had intercourse in an unnatural manner, she is still a virgin, and even if ten men came upon her altogether in an unnatural manner, they would all be punished by stoning.",
                "מאורסה – but not married.",
                "והיא בבית אביה – but if the father sent [her] to the agents of the husband, and he came upon her afterwards, [his punishment] is not by stoning, but by choking."
            ],
            [
                "זה ההדיוט המסית – specifically an ordinary person who beguiles, as a prophet who beguiles, his death is by choking.",
                "והמסית את ההדיוט – not exactly, for we found no distinction between a person who entices an ordinary person to those who entices a prophet, but to exclude those who entice the many, such as those who lead astray a city in Israel, that their deaths are by choking.",
                "מכמינין – the language of lying in wait.",
                "אם היה המסית ערום ואינו יכול לדבר בפניהם – that is to say, he says to the enticed that he cannot speak in their presence because of fear of the Jewish court.",
                "ביחוד – that is to say, there is no person with us and you can say now what you have told me already.",
                "האומר אעבוד – in one of these linguistic formulations, he is an enticer and is liable.",
                "המדיח – if he led the many astray, he is not guilty until he says in the plural form: “let us go and worship.”"
            ],
            [
                "העושה מעשה – an actual [deed], [is punished] by stoning.",
                "ולא האוחז את העינים – shows to other creatures as if he is doing, but is not actually doing anything.",
                "שנים לוקטים קשואים – through witchcraft in our presence. One of them harvested and is liable for the death penalty, and his fellow harvested and is exempt from death. How so? He wo performed the deed of harvesting actually through witchcraft, is liable. האוחז את העינים – he showed us as if they were all gathered together in one place and the cucumbers did not move from their places. פטור – [exempt] from the death penalty."
            ]
        ],
        [
            [
                "בן סורר ומורה. משיביא שתי שערות – when he brings forth two [pubic] hairs, and he is thirteen years of age and one day old, for before this, the hairs are not a sign, but rather an estimation.",
                "עד שיקיף זקן התחתון – this “beard” that the Rabbis speak about, the lower one they spoke about that the hair surrounds the membrum virile.",
                "ולא העליון – the beard itself.",
                "שנאמר בן ולא איש – where the lower “beard” surrounds it, it is a man, and even though from his youth he is called a son, we do not find him to be liable before he brings for two [pubic] hairs for a minor is exempt [from being a stubborn and rebellious son], for he has not come in to the general [category] of the commandments; therefore, they obligate him after this. And this is what the Bible (Deuteronomy 21:18) states: “When a man has a [wayward and stubborn] son…,” a son who is close to his might as an adult male, at the beginning of his manhood, the Bible makes liable, and when his lower “beard” surrounds [it], he is a complete [adult] man."
            ],
            [
                "טרטימר – one-half a Maneh (according to Sanhedrin 70a), and that is meat that is cooked and not cooked (-semi-cooked), in the manner that the robbers eat.",
                "מן היין האיטלקי – which is praiseworthy and prolongs [the meal] after it, and it is one that a person drinks mixed [with water] and not mixed [with water] (-semi-moxed).",
                "רבי יוסי אומר כו' – But the Halakha is not according to Rabbi Yosi.",
                "אבל בחבורת מצוה – in a meal [celebrating the performance] of a Mitzvah.",
                "אבל עיבור החדש – even though we do not serve for that meal other than bread and pulse/beans/peas, and he offers meat and wine, since he is involved in performing a Mitzvah, he doesn’t continue.",
                "אבל מעשר שני בירושלים – since it is the manner of the Mitzvah, as it is written regarding the Second Tithe (Deuteronomy 14:26): “[And spend the money on anything you want] – cattle, sheep, wine or other intoxicant – [or anything you may desire….],” and he doesn’t continue.",
                "נבילות וטריפות שקצים ורמשים – as it is written (Deuteronomy 21:20): “[This son of ours is disloyal and defiant;] he does not heed us…,” and it is not this, for even does not listen to the voice of God.",
                "דבר שהוא מצוה – of the Rabbis, which includes comforting the bereaved, for if it were from the beginning of the Mishnah, I would think that an association formed for a religious duty, that is, Kohanim who eat their sacred portions or the consumption of the Passover offering.",
                "ודבר שהוא עבירה – to include a community fast, whose prohibition is from the words of the Scribes."
            ],
            [
                "גנב משל אביו ואכל ברשות אביו – even though it is frequent for him to steal from his father, since and he ate in his father’s domain, he is afraid of and agitated by his father, lest he see him and not continue.",
                "גנב משל אחרים – it is not frequent for him that he would be able at any time to steal from others, and he doesn’t continue.",
                "עד שיגנוב משל אביו – since it is frequent for him to steal at all times.",
                "ויאכל ברשות אחרים – for he is not agitated there from his father, in a such a manner, and with a certainty, he continues.",
                "ומשל אמו – from the possessions that she has that his father has no control over them, such as if another person gave her possessions as a gift on the condition that her husband has no control over them. But the Halakha is not according to Rabbi Yosi B’Rabbi Yehuda."
            ],
            [
                "ראויה לאביו – equivalent and similar to his father in voice, in appearance and in stature, as it is written (Deuteronomy 21:20): “…he does not heed us,” since it is not written [in the Torah]: “in our voices.” We learn from this, one voice for both. And from the voice, we require that it be equivalent. Appearance and stature also we require equivalence. But the Halakha is not according to Rabbi Yehuda.",
                "גידם – his hand is lopped off.",
                "בננו זה – implying that we cause to see him.",
                "חרשים – if he said to them: “I don’t accept [this] from you and they do not hear him. And even though they see afterwards, that he does not fulfill their commands. Nevertheless, the Torah stated (Deuteronomy 21:20): “...he does not heed us,” which implies at the time of voice when they speak, that he doesn’t listen, since they heard him say, “I do not accept [this] from you.",
                "ומתרין בו בפני שלשה– This is how this should be understood: And they warn him before two [witnesses] that he should not become accustomed, and if he did not listen, they would flog him with a Jewish court of three, as is taught [in the Mishnah] of the first chapter [of Sanhedrin] (Mishnah 2): “Flogging – through a court of three. That (Deuteronomy 21:18): “even after they discipline him,” which is stated in the case of the wayward and defiant son [refers to] flogging. It is written here (Deuteronomy 21:18): “A wayward and defiant son” and it is written there (Deuteronomy 25:2): “If the guilty one is to be flogged…”",
                "זה הוא שלקה בפניכם – and even though this is required for excluding blind person, if there is for this thing alone that he comes, for this one that he is flogged in their presence, [the Bible] should have written, “he is our son.” What is “this son of ours” (Deuteronomy 21:20)? You learn two things from it:",
                "ןאח\"כ הקיף זקן התחתון פטור – since that he had ac ted now, he is not guilty of a capital crime.",
                "ואם משנגמר דינו ברכח – he is like a man who is to be put to death, and is guilty, even after a few years."
            ],
            [
                "נדון על שם סופו – at the end when he uses up the money of his father and requests what he is accustomed to and he cannot find and sits at the intersections and robs people. The Torah stated that he should die innocent and should not die guilty.",
                "הנאה להן – that they do not add to sin.",
                "והנאה לעולם – the whole world became quiet.",
                "רע להן – that they would add merits.",
                "ורע לעולם – that they would defend their generation and reprove the generation",
                "יין ושינה לרשעים – all that time that they drink and sleep, they don’t sin and they don’t do evil things to other people.",
                "לצדיקים רע להן – that they do not engage in Torah [study].",
                "ורע לעולם – when they are idle, retribution comes to the world.",
                "פיזור – when they are separated one from the other and they are unable to advise and help one another."
            ],
            [
                "הבא במחתרת – The Torah stated (Exodus 22:1, Sanhedrin 72a) that he should be killed (i.e., beaten to death).",
                "נדון על שם סופו – that his end is to kill the house owner if he should against him to save what is his.,",
                "אם יש לו דמים חייב – such as when the father comes in the breach over his son, and it is known that the father has compassion on his son. Therefore, the son is not permitted to kill him, and if the father broke the barrel, he is obligated to pay.",
                "אין לו דמים פטור – and all other peole who go into the breach, if the house owner did not kill him, he has no bloodguilt.. And if he broker the barrel, he is exempt from payment, since he was liable for his life, he is exempt from payment, for a person does not both die and make payment. (Note: the punishment that is made is the more severe: (קם ליה מדרבה מיניה)."
            ],
            [
                "ואלו שמצילין אותן בנפשן – that we save them from [committing] sin. בנפשן – for permission is granted to every person to kill them to save them from [committing] sin.",
                "הרודף אחר חבירו להרגו – as it is written regarding the engaged maiden (Deuteronomy 22:26): “[But you shall do nothing to the girl. The girl did not incur the death penalty,] for this case is like that of a man attacking another and murdering him.” An analogy is made [between] the killer and the betrothed maiden. Just as the betrothed maiden is given/intended to have her purity saved by killing the rapists, so too in the case of a killer the persecuted person is given to be saved by killing the killers. And the betrothed maiden is derived from Scripture as it is written (Deuteronomy 22:27): “[He came upon her in the open;] though the engaged girl cried for help, there was no one to save her,” behold there is someone to save her, one is obligated to save her in any manner that one can save her.",
                "ואחד הזכור – we derive it as it says in Scripture (Deuteronomy 22:26): “But you shall do nothing to the girl.” The word \"נער\" /”girl” is written missing a [letter] \"ה\"/”hei.” This is the male, and the same law applies for all though liable for extirpation and death by the Jewish court for forbidden sexual relations that we save them, as it is written (Deuteronomy 22:26): “[The girl did not] incur the death penalty…” [The word] \"חטא\"/”sin”/penalty – these are the ones liable for extirpation; [the word] \"מות\"/”death,” – these are ones liable to death by the Jewish court.",
                "אבל הרודף אחר הבהמה – even though it is similar to incest/consanguinity.",
                "והמחלל שבת והעובד עבודה זרה – even though that both of them deny the essence [of God].",
                "אין מצילין אותם בנפשן – And all the more so, the rest of those who are liable to extirpation and death at the hands of the Jewish court which are not incest/consanguinity, which we do not save them (from sin) by killing them, and it is not permitted to kill them at all until they transgress a sin with witnesses [testifying] and would be liable to death by the Jewish court."
            ]
        ],
        [
            [
                "אלו הן הנשרפין. הבא על אשה ובתה – on a woman whose daughter has already married, that is his mother-in-law.",
                "ובת כהן – and the daughter of a Kohen who ran about as a prostitute/was unchaste, [whose punishment] is by swallowing molten liquid.",
                "יש בכלל אשה ובתה – that is to say, with a mother and her daughter, it is explicitly written \"שריפה\"/burning (Leviticus 20:14): “If a man marries a woman and her mother….they shall be put to the fire/\"באש תשרפו\" …,” and from it we derive that all of these also and it is they are [punished] by burning.",
                "בתו – from an outraged woman, for she is not the daughter of his wife, and he is liable on her because of his wife’s daughter, but she is not his wife’s daughter.",
                "בת בתו ובת בנו – for they were his from his being a victim of unavoidably prevented accident.",
                "בת אשתו – whether she is his daughter or whether she is his step-daughter.",
                "וחמותו – even though that it [the Mishnah] explicitly taught at the first section – he who has relations with a woman who has married her daughter, and it is does not come from a derivation, for since it was taught regarding these a general principle – for the mother of his mother-in-law and the mother of his father-in-law, that come from a derivation, the Mishnah also taught, by the way,  regarding his mother-in-law with them.",
                "כבש עליו – he grabbed the head of his fellow and held him firmly in the water so that he wasn’t able to raise his head.",
                "שיסה – incite/let loose",
                "השיך – that he held the snake in his hand and led him and the tenth of the snake reached the body of his fellow.",
                "רבי יהודה מחייב – that he holds that the poison of the snake in its teeth stands, and since that the tenth of the snake arrived in the skin of his fellow, it is as if he had killed him, and is liable.",
                "וחכמים פוטרין – for they hold that the snake himself vomits his poison; therefore, it was not he that killed him but rather a mere indirect effect and he is exempt. And the Halakha is according to the Sages.",
                "ואמדוהו למיתה – but we appraise him first for life. Even to the Rabbis, he is exempt.",
                "",
                "שרגלים לדבר – that he didn’t die on account of that wound."
            ],
            [
                "והיה בה כדי להמית על לבו ומת פטור – That both are necessary, that he intends to wound [to cause] death and also that they should stripe him a wound [to cause] death.",
                "ר\"ש אומר אפילו נתכוין להרוג את זה. – this does not refer to the end of the matter of the first Tanna, on that which the first Tanna [mentioned]– that he had the intention to wound the large individual but if it struck the small individual and he died, he is liable. For it is upon this that it refers, Rabbi Shimon exempts this person, is needed to be said, and why should he retract and explain that even if he intended to kill this one and killed that one, as the first Tanna explicitly stated this, what is the purpose of the word “even?” But, Rabbi Shimon is referring to the beginning – that if he intended to kill the animal and [instead] killed a person, he is exempt; but if he intended to kill a [particular] person but [instead] killed another person, he is liable. And on this, Rabbi Shimon comments – even if he intended to kill this one and killed [instead] that one, he is exempt. And the Halakha is according to Rabbi Shimon."
            ],
            [
                "רוצח שנתערב באחרים – such as two people who were standing and an arrow came out from between them and killed, both of them are exempt, and even if one of the two of them was presumed for his righteousness and it was known that he did not shoot the arrow, even so, they don’t make him liabler for other by this presumption.",
                "רבי יהודה אומר כונסין אותן לכיפה – Our Mishnah is deficient and this is how it should be read as follows: An ox whose proceedings are finished (i.e., the sentence was pronounced) that it was mixed up with other oxen , they stone them, for perforce, all of them forbidden to derive benefit from them and even if they were one-thousand, because of this ox that was mixed up with others, therefore we stone all of them in order that the Mitzvah of stoning can be fulfilled with the one who was liable for it. [Rabbi Yehuda states]: They put them all in prison., and there is no need to stone them, but rather, put them in a room and they will die of hunger. But the Halakha is not according to Rabbi Yehuda.",
                "ר' שמעון אומר בסייף – for choking is more stringent.",
                "וחכמים אומרים בחנק – for the sword is more stringent."
            ],
            [
                "מי שנתחייב שתי מיתות – such as the case where a person committed a minor transgression and when the proceedings were finished (i.e., the sentence was pronounced), he went and committed a major transgression; one might think that since the proceedings were finished for the minor transgression, that he is a man to be put to death, this comes to teach us that this is not the case.",
                "עבר עבירה ישי בה שתי מיתות – such as the case of his mother-in-law, and she is a married woman.",
                "נידון בחמורה – with burning (i.e., swallowing a molten-liquid), because she is his mother-in-law, and not like [for a transgression] with a married woman which is [punishable] by choking.",
                "נדון בזיקה הראשונה – with that prohibited act that he was obligated to regard first to be careful to separate himself from he is judged, but not on the prohibition that he comes upon last, even though it is the more stringent, for Rabbi Yosi holds that one prohibition does not take effect on another, and even the more stringent upon the lenient, and if he married the daughter of a widow, who was first his mother-in-law when she was a free-woman and after that she married, he is judged with burning (i.e., swallowing a molten-liquid). And if she was a married woman and afterwards became his mother-in-law, she is judged with choking, like the death of a married woman that she was at first. But the Halakha is not according to Rabbi Yosi."
            ],
            [
                "מי שלקה ושנה – he was flogged twice on a transgression that he would be liable for extirpation, for all those who are liable for extirpation are flogged, and when he would come back and perform that same transgression a third time.",
                "מכניסין אותו לכיפה – a place that is measured like the stature (i.e. height) of a person and not more, and they would feed him first the bread of adversity (i.e., scanty rations) and water of distress/affliction until his intestines shrink (Sanhedrin 81b), and afterwards they would feed him barley that would blow up his intestines until his belly explodes.",
                "שלא בעדים – for it is not through testimony that he will be liable for death. And nevertheless, it is known to the Jewish court that the matter is true and that he certainly killed, but the witnesses were contradicted in their examinations or that there was a doubtful warning.",
                "ומאכילין אותו לחם צר ומים לחץ – first and afterwards we feed him barley until his stomach explodes, and that is the first part [of the Mishnah] and what this part was lacking, the other part revealed."
            ],
            [
                "הגונב את הקסוה – one of the service vessels (see Talmud Sanhedrin 81b), from the language (Numbers 4:7): “and the libation jugs.”",
                "המקלל בקוסם – who blasphemes the name [of God] in the name of idolatry.",
                "והבועל ארמית – a heathen woman.",
                "קנאים פוגעים בו – those who are zealous with the zealousness of God would kill him. And it would be a heathen woman the daughter of those who worship idols, and at the time of the act, and before ten [men] of Israel (i.e., the community) , and if one of these conditions is missing, it is prohibited to kill him. But, his punishment is explained by the prophet (Malachi 2:12): “May the LORD leave to him who does this no descendants [dwelling in the tents of Jacob and presenting offerings to the LORD of Hosts].” And we flog him four times from the words of the Scribes: because of her being a menstruant woman, because she is a maid-servant, because she is a heathen and because she is a harlot.",
                "פרחי כהונה – boys whose hair of their beards begin to flower on them.",
                "בגזירין – logs of wood.",
                "רבי עקיבא אמור בחנק – it is stated here (Numbers 1:51): “Any foreigner who encroaches (the Tabernacle) shall be put to death,” and it is stated there (Deuteronomy 13:6): “As for that prophet or dream-diviner, he shall be put to death…” Just as there, [his death] is by choking, so also here by choking.",
                "וחכמים אומרים בידי שמים – It is stated here, “he shall be put to death” (Numbers 1:51) and it is stated further on (Numbers 17:28): “Everyone who so as much as ventures near the LORD’s Tabernacle must die…” Just as further on, it as at the hands of Heaven, so here too at the hands of Heaven. And the Halakha is according to the Sages. But death at the hand of Heaven is less than from extirpation, for extirpation has upon it a punishment after death if he did not repent appropriately. But[regarding] death at the hands of Heaven, there is nothing after it at all. And Rashi wrote in the chapter “With what do we kindle [Shabbat lights]” (chapter two of Tractate Shabbat, 25a): that death at the hands of Heaven, his days are shortened and he does not go childless. Extirpation has two [things associated with it]: His days are cut off and he goes (i.e., dies) childless. And those who are liable to death at the hand of Heaven on the matters of the Sanctuary and the holy things are eleven, and they are: He who eats eatables forbidden pending the separation of sacred gifts, a ritually impure Kohen who eats pure priest’s due, and the foreigner (i.e., the non-Kohen) who eats priest’s due, and the foreigner, the impure and the ritual impurity of one who immersed during the daytime but does not attain ritual purity until the evening – who served [in the Sanctuary] , and those [Kohanim] lacking atonement, those [Kohanim] lacking priestly garments, and who did not sanctify their hands and feet and those who are intoxicated with wine and had overgrown hair. Some of them it says [the punishment of] death regarding them explicitly and some of them our Rabbis learned from the received tradition by verbal analogy and by juxtaposition."
            ]
        ],
        [
            [
                "כל ישראל יש להם חלק לעולם הבא – even those who were convicted for death by the Jewish court because of their wickedness, they have a share in the World to Come. And the World to Come spoken of here is the World to Come after the Resurrection of the Dead, who would be destined to live and to stand with their bodies and souls living eternally, like the sun, and the moon and the stars, as is brought in the Gemara in this chapter (Sanhedrin 90b), the dead who are destined to live do not return to the dust. And in the World to Come, there is no eating or drinking, and even though it has a body and inner-body (i.e., membrum), but the Righteous sit and their crowns are on their heads and they enjoy the splendor of God’s presence. And because all Israel is not equivalent in this, but rather the great according to their greatness and the small before his smallness. Because of this, it is taught that they have a share [in the World to Come].",
                "האומר אין תחיית המתים מן התורה – In the Gemara (Sanhedrin 90a) it states, and so much why, as it is taught: he denied the Resurrection of the Dead. Therefore, he will not have a share in the Resurrection of the Dead. And from here, I prove that the World to Come that is mentioned in this Mishnah is not the world in which the souls are placed at this time, but rather, the world of the Resurrection of the Dead as I have mentioned.",
                "אפיקורוס – that despises the Sages and all the more despises the Torah itself.",
                "בספרים החיצונים – the books of the sectarians, such as the books of Aristotle the Greek and his colleagues. And included in this – a person who reads the chronicles of the heathen kings, “songs of sensuality” [=erotic poems], and “writings of desire” [=novels] that have no wisdom in them or purpose other than a waste of time alone.",
                "והלוחש על המכה – and with spitting alone that he has not share in the World to Come, for he does not mention the name of Heaven on the spitting (Sanhedrin 101a).",
                "וההוגה את השם – of four letters like it is written."
            ],
            [
                "שלשה מלכים וארבעה הדיוטות – even though they were great men and Sages.",
                "אין להם חלק לעוה\"ב – for their belief was not complete. And even though that Balaam was from the nations of the world, and it is taught [in Mishnah 1], \"all Israel have a share in the world to come\", because we hold that the righteous of the nations of the world have a share in the world to come, [the Mishnah] comes to teach us that Balaam was not from the righteous of the nations of the world."
            ],
            [
                "שנאמר לא ידון רוחי באדם לא דין ולא רוח – for they do not stand in judgment and they have no spirit to live with the righteous that have a share.",
                "כורתי בריתי עלי זבח – for they made a covenant with God over sacrifice and peace offerings, as it is written (Exodus 24:5): “[He designated some young men among the Israelites,’ and they offered burnt offerings and [sacrificed bulls] as offerings of well-being [to the LORD],” and it is written (Exodus 24:8): “[Moses took the blood] and dashed it on the people and said, ‘This the blood of the covenant [that the LORD now makes with you concerning all these commands].’”",
                "אין עתידים לחזור – from the place where they were exiled. For we have said that Jeremiah brought them back and Josiah the son of Amon ruled over them, for not all of them came back, but rather part of them."
            ],
            [
                "יצאו אנשים בני בליעל – children that do not rise up at the [time of the] Resurrection of the Dead. And those who are led astray are like those who lead astray.",
                "עד שיהיו מדיחים מאותה העיר – as it is written (Deuteronomy 13:14): “…and subverted the inhabitants of their town…,” but not the inhabitants of another town.",
                "ומאותו השבט – as it is written (Deuteronomy 13:14): “[that some scoundrels] from among you…” from the midst of that tribe itself.",
                "ועד שיודח רובה – of the city, as it is written (Deuteronomy 13:14): “of their town” – which implies the settlement of that city, which means the majority.",
                "הרי אלו כיחידים – as individuals who served idolatry and are judged with stoning and their property is spared.",
                "וצריכים – the men of the Apostate City.",
                "שני עדים והתראה לכל אחד ואחד – for they had increased the number of courts, and every person who was found to have worshipped idolatry with witnesses and warning, we separate them until they see if they are a majority of the city, we would bring them to the Great Jewish Court and complete their judgment there and kill them with the sword and their property would be lost. But if they did not find the majority of [the residents of] the city, we would judge them with stoning and their property would be spared."
            ],
            [
                "החמרת והגמלת – a caravan of donkeys and of camels that were delayed in the city for thirty days, they are included in those who are the dwellers of their city.",
                "הרי אלו מצילין – If most of the people of the city were led astray and a minority were not led astray, and [a caravan of] ass- and camel-drivers which were not led astray overturned the minority to become a majority, they save [the city] – thus the property is spared, and [the sinners] are judged as individuals. And the same is true that [a caravan] may cause [a city] to be rendered as an Apostate City if they were subverted with them to form a majority, however, the tanna is searching for [scenarios of] acquittal. Furthermore, [the tanna considered] this [scenario] more decisive, as typically, a caravan of ass- and camel-drivers is not well disposed towards the people of the city to be led astray with them."
            ],
            [
                "היתה רחובה חוצה לה – if the place of gathering the people of the city is outside of it, we bring them together into the city, for it is necessary to make for it a road inside it.",
                "רחוב – a large thoroughfare.",
                "הקדשות שבתוכה יפדו – that is to say, that they are not burned but the rquire redemption like the rest of the holy/dedicated objects.",
                "ותרומות ירקבו – In the Gemara (Sanhedrin 112b) we establish it concerning priest’s due in the hands of a Kohen, for it is the money of the Kohen and a prohibition of the Apostate City takes effect upon it. However, the priest’s due is not burned like the rest of its booty, for we do not denigrate it all that much. Therefore, it should decay/rot, and if the priest’s due is in the hands of an Israelite, it is the booty of “On High” (i.e., God) and should be given to a Kohen that is in another city.",
                "ומעשר שני – even though it is the money of an Israelite, for it is eaten by an Israelite, since it is called, “holy” (see Deuteronomy 26:13), it should not be burned, but rather hidden away.",
                "כליל לה' אלהיך – Rabbi Shimon said, we read [in our Mishnah] and we don’t read: “as it states, “every whit unto the LORD your God” (Deuteronomy 13:17).",
                "לא תיעשה גנות ופרדסים – that furthermore, completely, is implied.",
                "כמו שהיתה – with the settlement in houses.",
                "אבל נעשית היא גנות ופרדסים – And the Halakha is according to Rabbi Akiva."
            ]
        ],
        [
            [
                "אלו הן הנחנקין. ממרא על פי בית דין – he rebels against the words of the Great Jewish court that was in the Chamber of the Hewn Stones.",
                "זוממי בת כהן – even though they come to make her liable for [the punishment] of burning [by drinking a molten-liquid], they are not judged other than through the death that they were making liable those who engaged in sexual intercourse with her, which is by strangulation, like the others who come upon a married woman, as it is written (Leviticus 21:9): “she shall be put to the fire,” she and not the person who engaged in sexual intercourse with her, and those who falsely testified [through scheming] against her, we derive from (Deuteronomy 19:19): “[You shall do to him] as he schemed to do to his fellow,” but not to his sister.",
                "ובועלה – the daughter of a Kohen when she is married, but an engaged one, he and her sexual partner [are punished] by stoning.",
                "שהמקלל לאחר מיתה חייב – as it is written (Leviticus 20:9): “he has insulted his father and his mother. [His bloodguilt is upon him].” And the extra verse is to include after death.",
                "והמכה לאחר מיתה פטור – for he is not liable until he makes in him a wound, but there is no wound after death.",
                "עד שיכניסנו לרשותו – as it is written (Exodus 21:16): “or if he be found in his hand”, and “his hand” means his domain.  And similarly, it says (Numbers 21:26): “and taken all his land out of his hand,…”",
                "וישתמש בו – usage that has the value of the equivalent of a Perutah/penny. And the first Tanna obligates him even with usage tha tis less than the equivalent of a penny. And the Halakha is according to the First Tanna.",
                "הגונב את בנו – the reason that the Rabbis exempt him, as it is written (Exodus 21:16): “or is still holding him,” and it is an extra verse, for it is written (Deuteronomy 24:7): “If a man is found [to have kidnapped a fellow Israelite…]”, to extrapolate from it, and exclude this one, who is  already in his power. And the Halakha is according to the Sages.",
                "רבי יהודה מחייב – as it is written (Deuteronomy 24:7): “of his brethren of the children of Israel” – “of his brethren”, to exclude slaves, “of the children of Israel” – if it had written “of Israel”, we would have excluded someone who is half a servant and half a free-man. Now that it is written, from “of the children of Israel”, this is another exclusion, and where there is a double exclusion it indicates an exemplification (see Bava Kamma 86b). But the Rabbis hold, that “of his brethren” does not come to exclude slaves, for they are “brothers” in the commandments. Rather, the words “the children of Israel” excludes slaves; “of [the children of Israel]” excludes someone who is half-slave and half a free-man (see Mishnah Eduyot, Chapter 1, Mishnah 13 and Mishnah Gittin 4:5 which deals specifically with the case of someone who is a half-slave and half a free-man). And the Halakha is according to the Sages. "
            ],
            [
                "שלשה בתי דינין היו שם – In Jerusalem that Scripture is talking about (Deuteronomy 17:8): “you shall promptly repair [to the place that the LORD your God will have chosen…]”.",
                "אחד יושב על פתח הר הבית – it is the eastern gate that is inside from the חיל /the place within the fortification of the Temple, in front of the women’s court.",
                "ואחד יושב – above him, when they have passed the women’s court and come to the door of the Israelite court.",
                "ואחד בלשכת הגזית – which is built in the midst of the court, half of it in sanctified [area] and half of it in non-sacred [area].",
                "באים לזה שעל פתח הר הבית – this elder who taught in his city, and the Jewish court that was in his city disputed with him and the Written [Torah] requires him to go up to Jerusalem. They come – he and the Jewish court that is in his city to this Jewish court at the entrance of the Temple Mount, for they first make contact with him.",
                "תלמיד שהורה לעשות – a student who had not arrived at being an authorized teacher, and disputed with the Jewish court that was in his city and they came to the Great Jewish court and asked and he returned to his city and he taught as at first, he is exempt, as they don’t have to rely upon his teaching, and the Torah did not make liable other than someone who is distinguished and expert to the Jewish court, as we derive it (Deuteronomy 17:8): “If a case is too baffling for you…” with the distinguished one of the Jewish court, Scripture speaks.",
                "נמצא חומרו קולו – the stringency of the transgression that he committed and he taught, even though he had not yet arrived at being an authorized teacher, is added to the contempt of court (i.e., rebelliousness) that he disregarded the authority of the Supreme Court, and it became for him a leniency to exempt him from death, for if he had been an elder who had arrived at being an authorized teacher, and disregarded the authority of the Supreme Court, he would be liable to death."
            ],
            [
                "האומר אין תפילין, וכו' פ טור – this is not instruction, for [it is a case of] “go, call the school of the Rabbi.”",
                "חמש טוטפות – there is instruction. For event though this matter [only comes] to add to the words of the Scribes, he is liable, for in the Midrash of the scribes, it is written,[ \"לטטפת\" /L’Totafat – as a frontlet (see Exodus 13:16); \"לטטפת\"/L’Totafat – as a frontlet] (see Deuteronomy 6:8) (the first two are written as singular words; the last one is a plural construction); \"לטוטפת\" /L’Totafot – as frontlets (see Deuteronomy 11:18), here we have four portions."
            ],
            [
                "ולא בב\"ד שביבנה – for they asked the Jewish court that was in the Chamber of the Hewn Stones, and they said to him and he returned to his city and delayed there for many days until the Great Sanhedrin was exiled to Yavneh, and afterwards, it taught as at first, they do not put him to death in Yavneh, even though the Great Sanhedrin was there, and even if the Temple still existed, since the Great Sanhedrin does not sit in its place in the Chamber of the Hewn Stones."
            ],
            [
                "מה שלא שמע – what was not said in the prophecy to a single prophet in the world, and what was said to his fellow and not to him, and he heard it from his fellow and came and said what was related to him, both of these two are false prophets and their deaths are by strangulation, as it is written (Deuteronomy 18:20): “But any prophet who presumes to speak in My name [an oracle that I did not command him to utter…]” This is one who prophesizes something that he never heard, “that I did not command him to utter,” but his friend I commanded. The one who prophesizes what was not said to him and it was said to his fellow, and it is written (ibid.) “that prophet shall die.” And any death that is mentioned in the Torah undefined is not other than through strangulation.",
                "מיתתן בידי שמים – as it is written (Deuteronomy 18:19): “And if anybody fails to heed the words he speaks [in My name]…,” we call him “he does not heed,” and we call him “he should not proclaim” and we call him, “he himself does not heed My words,” all three are included, and it is written (ibid.): “I myself will call him to account,” by the hands of Heaven."
            ],
            [
                "לרשות הבעל – such as the father who handed her over to the agents of the husband and still is still on the way, furthermore, we don’t call refer to her as “the house of her father.”",
                "לאותה מיתה – that they make the judged liable for.",
                "ובועלה – that is to say, all of those who those [men] who have sexual intercourse are judged like the death of the one (i.e., the woman) who had sexual intercourse, except for the case of a person who has sexual intercourse with the daughter of a Kohen – as she is [punished] by burning [by drinking a molten-liquid] and he [is punished] by strangulation."
            ]
        ]
    ],
    "sectionNames": [
        "Chapter",
        "Mishnah",
        "Comment"
    ]
}