| The other Forms of Death Penalty: Burning, Decapitation, and Strangulation | Title page | B. Those Who Are Punishable By Burning |
IV.—OFFENDERS LIABLE TO CAPITAL PUNISHMENT
VII. 4. These are they who are to be stoned: the man who has criminal connexion with his [ p. 96 ] mother, his father’s wife, his daughter-in-law, a male, or a beast; the woman who has criminal connexion with a beast; a blasphemer; an idolater; he who offers one of his children to Moloch; the Ba‘al ‘Ob; the Yidd‘oni; 1 he who defiles the Sabbath; he who curses his father or mother; he who has criminal connexion with a betrothed damsel; the beguiler to idolatry; he who leads a town astray; the sorcerer; and the stubborn and rebellious son.
(1) He who has criminal connexion with his mother [^294] is guilty both in respect of the law of the mother and the law of the father’s wife. R. Jehuda holds that he is guilty in respect of the law of the mother only. (2) He who has criminal connexion with his father’s wife [^295] is thereby guilty both in respect of the law of the father’s wife and that of the married woman, whether before or after his father’s death, whether she be betrothed or actually married. (3) He who has criminal connexion with his daughter-in-law [1] is thereby guilty in respect both of the law of a man’s daughter-in-law and that of a married woman, whether it be before or after his son’s death, whether she be betrothed or actually married. (4-5) In the case of one who has criminal connexion with a male [2] or [ p. 97 ] a beast, [3] or (6) of the woman who has criminal M. connexion with a beast, [4] if the human being has sinned wherein lies the sin of the beast? Since by its means an offence has happened to a human being, Scripture says: LET IT BE STONED. [5] Or, according to another explanation, (it is put to death) lest the beast should go through the street and it be said: This is the animal on account of which such a man was stoned.
T.
X. 1. R. Jehuda said: He who has criminal connexion with his mother is guilty only in respect of the law of the mother. R. Jehuda said: He who has criminal connexion with his father’s wife is guilty only in respect of the law of the father’s wife.
2. He who has criminal connexion with his own mother who is the divorced wife of a high-priest, or an ordinary priest’s wife who has been subjected to the ḥaliṣa ceremony, or an illegal wife of his father, or one of the “nakednesses” of his father,—is liable to the penalty of stoning.
He who has criminal connexion with his father’s wife (not his own mother) who is the divorced widow of a high-priest, or an ordinary priest’s wife who has been subjected to the ḥaliṣa ceremony,—is liable to the penalty of stoning; but if (being neither of these two) she is an illegal wife of his father, or one of the “nakednesses” of his father,—he is not liable to the penalty of stoning.
He who has criminal connexion with his sister is guilty in respect of the law of the sister and also of the law of the daughter of his father’s wife. R. Jose says: He is guilty only in respect of the law of the [ p. 98 ] sister; and the same holds good for one who has criminal connexion with his daughter-in-law.
One who has criminal connexion with a male, nine [6] years and a day old; and one who has criminal connexion with a beast in its way, and not in a woman’s way; and the woman who has criminal connexion with a beast, whether or not according to its way,—are to be stoned.
M.VII. 5. The blasphemer [7] is not guilty until he have expressly uttered the Name. According to R. Jehoshua, the son of Karha, the witnesses throughout are examined by means of pseudonyms: [8] for example “ Jose strikes Jose.” But when the trial is over the sentence is not carried out under a pseudonym: all are sent out of the room except the chief witness, and it is said to him: “Say expressly what you heard.” He does so, whereupon the judges stand up and rend their clothes; [9] and they may not mend them again. The second witness then says, “I heard the same,” and the third says, “I too heard the same.”
6. In a case of idolatry it is all one whether a man worship, sacrifice, offer incense, or pour out
[ p. 99 ]
M.libations; or whether he bow himself down, accept it as a god, or say to it “Thou art my God.” But he who puts his arm round it, kisses, sweeps, [10] besprinkles, washes, anoints, clothes, or shoes it breaks a negative commandment. [11] He who makes a vow in its name, and keeps it in its name, breaks a negative commandment; so also does he who excretes [12] to Ba’al Pe’or\—for such is his cult, and he who tosses a stone on a merkolis [13]\—for such is its cult.
T. X. 3. In a case of idolatry it is all one whether a man worship, sacrifice, offer incense, or pour out libations, or bow down and accept it as a god and say to it, “Thou art my God, save me! ” They are to be stoned. He who makes an idol, carves it, or sets it up, speaks with it, or wipes or scrapes it, transgresses a negative commandment; they are not liable to stoning until there is in their action some similarity to sacrificing, offering incense, pouring out libations, or bowing down. So also he who embraces, kisses, sweeps, sprinkles, clothes, shoes, or shrouds it, offends against a negative commandment. R. Jehuda says, "It is written: AND I WILL LEAVE ME SEVEN THOUSAND IN ISRAEL, ALL THE KNEES THAT HAVE NOT BOWED TO BAAL, AND EVERY MOUTH WHICH HATH NOT KISSED HIM, [14]\—comparing kissing with kneeling. As kneeling incurs guilt, so [ p. 100 ] does kissing; and their death is left in the hands of Heaven.”
M.VII. 7_a_. He who offers one of his children to Moloch [15] is not guilty until he both delivers him over to Moloch and passes him through the fire. If he deliver him over to Moloch and do not pass him through the fire, or if he pass him through the fire but do not deliver him over to Moloch, he is not guilty. (He is not guilty) until he both delivers him over to Moloch and passes him through the fire.
T. X. 4. He who offers one of his children to Moloch is not guilty until he delivers him over to Moloch and also passes him through the fire. If he deliver him over to Moloch, and do not pass him through the fire; or pass him through the fire, but do not deliver him over to Moloch: he is not guilty. (He is not guilty) until he both delivers him over to Moloch and passes him through the fire, in the way peculiar to the Moloch worship. [16] If he pass him through on his feet he is innocent, and he can only be guilty in the case of his own offspring. 5. If he cause his father or mother or sister to pass through, he is innocent. If he cause himself to pass through, he is innocent; but R. Shimeon would condemn him. There is the same guilt if the passing through be in the name of Moloch or of any other idol; but R. Shimeon, the son of Eleazar, holds that it must be in the name of Moloch only,
[ p. 101 ]
M.VII. 7b. The Ba‘al ‘Ob, [17] that is, the Python [18] who speaks from his armpits, and the Yidd‘oni [19] who speaks from his mouth, are punishable by stoning; and he who has inquired of them (offends) against an explicit warning. [20]
T. X. 6. The Ba‘al ‘Ob, that is the Python who speaks from between his joints and elbows, and the Yidd‘oni, who has the bone of a Yidd‘oni [21] in his mouth, are to be stoned; and he who inquires of them offends against an explicit warning.
7. HE WHO INQUIRES OF THE DEAD; [22]\—-that is, one who conjures up the dead by witchcraft, or one who inquires of a skull. What is the difference between one who inquires of a skull and one who conjures up the dead by witchcraft? When one conjures up the dead by witchcraft it (the ghost) does not come up in the proper way, [23] nor will it come up on the Sabbath; but when one inquires of a skull it comes up in the ordinary way, and will also come up on the Sabbath.
M.VII. 8_a_. If a man defile the Sabbath [24] by a [ p. 102 ] wilful act, he is liable to extermination; [25] if by error, to a sin-offering.
8_b_. He who curses his father or mother [26] is not guilty until he curse them by the Name; if he curse them under a pseudonym [27] R. Meir would hold him guilty, but the majority innocent.
9. He who has criminal connexion with a betrothed damsel [28] is guilty only if she be a virgin, betrothed, and in her father’s house. If two have criminal connexion with her, the first is to be stoned and the second strangled.
T. X. 8. He who has criminal connexion with a betrothed damsel is guilty only if she be a damsel, a virgin, betrothed, and in her father’s house. If she be a betrothed damsel and in her husband’s house, or a betrothed woman of marriageable age [29] in her father’s house, (9) or a married woman in [ p. 103 ] either her father’s or her husband’s house, whoever has criminal connexion with her is to be strangled. [30] If ten have had criminal connexion with her at a time when she is still a virgin, all are to be stoned; if she be not a virgin the first is to be stoned and the others strangled.
10. If, however, she have received her husband in her father’s house, then, although she be still a virgin, one who has criminal connexion with her is to be strangled. [30:1]
A betrothed damsel who has committed adultery is to be stoned at the door of her father’s house. If there is no door to her father’s house, she is to be stoned where she committed adultery. And if it be in a heathen city, she is to be stoned at the door of the court.
M.VII. 10_a_. “He who acts the part of a beguiler ” [31] refers to one commoner who beguiles another commoner. If he have said, “There is a god in such a place who eats this, drinks that, benefits in this way, does harm in that way,” then only in such cases among the capital charges laid down in the Law, is it proper to lie in wait for the criminal. If he have said this to two people they act as his witnesses, bring him to the court and stone him. If he have said it only to one, this one may reply, “I have some friends who would consent in this”; but if the idolater is crafty, and will not speak of it before them, witnesses may be concealed behind a wall. Thereupon the first witness [ p. 104 ] says, “Tell me between ourselves what you said to me before.” He does so. Then the former replies: “How can we leave our God who is in Heaven and go and worship wood and stone?” If he retract what he said, good; but if he say, “It is our duty and good for us,” they who are behind the wall bring him to the court and stone him.
He is guilty as a beguiler who says, “I will worship (other gods),” “I will go and worship,” “Let us go and worship”; “I will sacrifice,” “I will go and sacrifice,” “Let us go and sacrifice”; “I will offer incense,” “I will go and offer incense,” “Let us go and offer incense;” “I will make libation,” “I will go and make libation,” “Let us go and make libation”; “I will bow myself down,” “I will go and bow myself down,” “Let us go and bow ourselves down.”
T. X. 11. In the case of any one who is liable to death penalties enjoined in the Law, it is not proper to lie in wait for him except he be a beguiler. How do they lie in wait? Two disciples are stationed in an inner room, while the culprit is in an outer room. A candle is lit and so placed that they can see him as well as hear his voice And so they did to Ben Stada in Lud. [32] These same two disciples are [ p. 105 ] appointed as witnesses against him, and stone him. His case may be begun by day and finished by night; they may begin and end it on the same day, whether he be guilty or not; they may arrive at a verdict by a majority of one whether it be for conviction or acquittal; all may plead for acquittal or all for conviction; one who pleads for acquittal may retract and plead for conviction. [^328] The eunuch and the childless can act as judges, and, according to R. Jehuda, even those who are biased in the direction of severity.
XI. 1. As for others liable to death penalties in the court, they can only be condemned at the mouth of witnesses, and even so, only if they have been warned and told that they are liable to the penalty of death in the court. R. Jose, the son of Jehuda, says: “They must also be told what manner of death they will incur.” No matter whether all or only some of the witnesses warn him, he is guilty; but R. Jose would acquit unless all his witnesses warn him, for it is written: AT THE MOUTH OF TWO WITNESSES, [33] that is, until two witnesses warn together; though R. Jose allows that if the first witness warned him and then went away, and the second warned him and then went away, the man would be liable to the penalty.
2. If he be warned and answer nothing, or if he be warned and nod his head, or even say, “I know,” he cannot be made liable to the death penalty; he is not liable until he say, “I know; but even so I am committing the offence.” 3. If, for example, he be seen defiling the Sabbath, and be told, “You must know that it is the Sabbath, and it is written, THOSE WHO DEFILE IT SHALL SURELY BE PUT TO DEATH,” [34] even if he say, “I know,” he is free from penalty; he is free until he [ p. 106 ] say, “I know; but even so I am committing the offence.”
4. Or again, if he be seen slaying a man, and be told, “Know that he is a son of the covenant, and it is written, WHOSO SHEDDETH MAN’S BLOOD, BY MAN SHALL HIS BLOOD BE SHED,” [35] even if he say, “I know,” he is free from penalty; he is free until he say, “I know; but even so I am committing the offence.”
5_a_. R. Jose said, “If he warn himself, he is free from penalty, for it is written: IF AN UNRIGHTEOUS MAN RISE UP TO TESTIFY AGAINST HIM OF WRONG-DOING, [36] etc.; therefore he should be warned by others, and not by himself.”
M.VII. 10_b_. The one who leads a town astray [37] is he who says outright, “Let us go and worship idols.”
T. XI. 5 b. R. Shimeon the son of Jehuda said in the name of R. Shimeon, “He who leads a town astray is to die by strangulation,” [38]
M. VII. 11. A sorcerer [39] is the one who accomplishes some deed, not merely deceives the eyes. R. [ p. 107 ] Akiba, in the name of R. Jehoshua, said: It is as though two people were picking cucumbers; one was innocent and the other guilty. He who actually did pick was guilty, but he who only appeared to do so was innocent.
T. XI. 5_c_. Said R. Akiba: Three hundred halakoth used R. Eliezer to expound on THOU SHALT NOT SUFFER A WITCH TO LIVE, [40] but I have only learnt two things from it: two may be gathering cucumbers, of whom the one is innocent and the other guilty; he who actually does the deed is guilty, and he who only appears to do so is innocent.
M.VIII. 1. At what time can one be deemed a “stubborn and rebellious son”? [41] From the time that he can produce two hairs until the lower beard is encompassed (not the upper one, for the wise men spoke modestly), for it is written: WHEN A MAN HAS A SON; not a daughter, but a son; neither must he be a man; whereas a minor is exempt since he does not come within the scope of the commandments. [42]
T. XI. 6a. “A stubborn and rebellious son ”there never was and there never will be such. Then why is it written? To teach, “Study and receive the reward.”
R. Shimeon, the son of Eleazar, says: It should [ p. 108 ] say “a daughter” and not “a son”; [43] but the decree of the King [44] is: A stubborn and rebellious son.
M. VIII. 2. When does he become guilty? When he eats a tritimor [45] of flesh, and drinks a half log [46] of Italian [47] wine; or, according to R. Jose, a manê of flesh and a log of wine. If he consumed it at a religious festival or at the intercalation of the month; if he ate the Second Tithe at Jerusalem; [48] or if he ate carcases, [49] meat torn by beasts, [50] things detestable [51] or crawling; [52] if he ate anything which was according to the requirement of the Law, or anything which was a transgression of the Law; if he ate food which was not flesh, or drank any drink but not wine; he is not thereby a stubborn and rebellious son,—not until he eat flesh and drink wine, for it is said: A GLUTTON (זולל) AND A WINE-SWILLER (וסובא). [53] And though there is no proof of the verbal dependence, it is suggested in [54] BE NOT AMONG THOSE WHO SWILL WINE (בסבאי יין) AND GLUT THEMSELVES WITH FLESH (בזללי בשר). [55]
[ p. 109 ]
T. XI. 6b. Even one who furnishes his table as though it were a banquet of Solomon, if it be at its proper season, is not adjudged a stubborn and rebellious son; unless he put in his mouth the (forbidden) amount, or do similarly at a public meal.
M.VIII. 3. If he steal aught from his father and eat it in his father’s domain; or anything from others and eat it in his father’s domain; or anything from others and eat it in the others’ domain,—he is not a stubborn and rebellious son;—not until he steals what belongs to his father and eats it in another’s domain. R. Jose, [56] the son of Jehuda, holds: Not until he steals from his father and from his mother.
4. If his father concur and not his mother, or his mother concur and not his father, he is not a stubborn and rebellious son;—not until they both concur in his condemnation. According to R. Jehuda, if his mother be not suited [57] to his father he cannot become a stubborn and rebellious son. If either of them be maimed in the hands, lame, dumb, blind, or deaf, he cannot become a stubborn and rebellious son, for it is written: THEY SHALL SEIZE HIM—so they must not be maimed in the hands; AND MAKE HIM GO—so they must not be lame; AND SAY—so they must not be dumb; THIS OUR SON—so they must not [ p. 110 ] be blind; DOES NOT HEAR OUR VOICE—So they must not be deaf. [58]
VIII. 4. If he has been warned in the presence of three witnesses and beaten, and again becomes degenerate, he must be tried by twenty-three judges; but he cannot be stoned unless the first three witnesses are there, for it is written, THIS OUR SON, as if to say, “This is he who was beaten in your presence.”
If he escape away before his trial be completed and afterward the lower beard become encompassed, he is free. But if he escape away after his trial is completed and then the lower beard become encompassed, he is liable to the penalty.
5. A stubborn and rebellious son is condemned in view of what he might afterwards become. Let him die innocent and let him not die guilty. For the death of the ungodly is a benefit to them and a benefit to the whole world; but that of the righteous is a misfortune to them and a misfortune to the whole world. When the ungodly indulge in wine and sleep, it is a benefit to them and a benefit to the whole world; but when the righteous so indulge, it is a misfortune to them and a misfortune to the whole world. The isolation of the ungodly is a benefit to them and a benefit to the whole world, but in the case of the righteous it is a misfortune to them and a misfortune to the whole world. The assembling together of the ungodly is a misfortune to them and a misfortune to the whole world; but in the [ p. 111 ] case of the righteous it is a benefit to them and a benefit to the whole world. Silence among the ungodly is a misfortune to them and a misfortune to the whole world, but in the case of the righteous it is a benefit to them and a benefit to the whole world. [59]
T. XI. 7. A stubborn and rebellious son, a defiant elder, a beguiler to idolatry, one who leads a town astray, a false prophet, and perjurers, are not killed at once but brought up to the great court at Jerusalem and kept in prison till a feast and killed at a feast, for it is written: AND ALL THE PEOPLE SHALL HEAR AND FEAR, AND DO NO MORE PRESUMPTUOUSLY, [60]\—so R. Meir; but R. Jehuda said to him: “Ought it not then to say, ‘All the people shall see and fear’? But it is not so written but ‘ALL THE PEOPLE SHALL HEAR AND FEAR.’ Then why should they postpone such a one’s death? Therefore they kill him at once, and write and send everywhere, saying 'The trial of N. has been completed in such and such a court, and N. and N. are his witnesses; such and such has been done to him.”
8. R. Shimeon, the son of Jehuda, says in the name of Shimeon: Beauty and power and wisdom and wealth and old age and glory and honour and sons, are good for the righteous and good for the whole world; for it is written, OLD AGE IS A CROWN OF GLORY, [61] and CHILDREN’S CHILDREN ARE THE CROWN OF OLD MEN, [62] and THE GLORY OF YOUNG MEN IS THEIR STRENGTH, [63] and BEFORE HIS ELDERS IS HONOUR. [64] R. Shimeon, the son of [ p. 112 ] Menasia, says, “These seven qualities which the wise have counted among the virtues of the righteous were all exemplified in Rabbi and his sons.”
M. VIII. 6. The housebreaker [65] is condemned in view of what he might do afterwards. If in his breaking through he have broken a barrel, where there would be blood-guiltiness [66] (if the householder killed him) he is liable (to payment of compensation); if there would be no blood-guiltiness, [67] he is free (from that liability).
T. XI. 9. The housebreaker, if he come to kill, may be saved (from sin) at the cost of his life; if it be only to seize property, he may not be saved (from sin) at the cost of his life; nor should he be so treated if there is a doubt whether he come to kill or to seize property, for it is written: IF THE SUN BE RISEN UPON HIM, THERE SHALL BE BLOODGUILTINESS FOR HIM. [68] But does the sun rise over him alone and not over all the world? But as at the rising of the sun there is peace over all the world, so, as long as thou knowest that his intentions are peaceful, whether it be day or night, thou mayest not save him (from sin) at the cost of his life.
R. Eliezer, [69] the son of Jacob, said further: If [ p. 113 ] there were there jugs of wine or oil, and he broke them when he broke through, he is liable to be killed.
M.VIII. 7. These may be saved (from sin) at the cost of their lives: [70] he who pursues after his fellow to kill him, or after a male, or after a betrothed damsel. But he who pursues after a beast, or he who defiles the Sabbath, or he who commits idolatry, may not be saved (from sin) at the cost of his life.
T. XI. 10. He who pursues after his fellow (to kill him) may be saved (from sin) at the cost of his life. How do they do this? They wound one of his limbs; and if even so they cannot prevent him, they forthwith kill him.
11. He who pursues after a male, whether it be in a house or the open field, may be saved (from sin) at the cost of his life; if it be after a betrothed damsel, whether in a house or the open field, he may be so killed. If it be a betrothed damsel or any of the prohibited degrees enjoined in the Law, he may be so killed; but if it be a divorced widow of a high-priest, or an ordinary priest’s wife who had been subjected to the ḥaliṣa ceremony, he may not be saved (from sin) at the cost of his life. R. Jehuda says: Also, should she say, “Let him alone!” he may not be so killed, even though by leaving him alone he commit a capital crime.
R. Eleazar, the son of R. Zadok, says: He who commits idolatry may be saved (from sin) at the cost of his life.
| The other Forms of Death Penalty: Burning, Decapitation, and Strangulation | Title page | B. Those Who Are Punishable By Burning |
96:1 For these, see Mishnah VII. 7_b_ and notes. ↩︎
96:2 Lev. 20. 11. ↩︎
96:3 Lev. 20. 11. ↩︎
96:4 Lev. 20. 12. ↩︎
96:5 Lev. 20. 13. ↩︎
97:1 Lev. 20. 15. ↩︎
97:2 Lev. 20. 16. ↩︎
97:3 Cf. Lev. 20. 16, “Their blood shall be upon them,” and this, according to Lev. 20. 27, by the argument gezera shawa, means death by stoning. ↩︎
98:1 The age at which males were regarded as nubile. ↩︎
98:2 See Lev. 24. 10 ff. According to the Talmud (cf. Yoma 39 b), the pronunciation of the Sacred Name was at one time known to all; but “from the time that Simon the Just died”—the customary expression for the beginning of the Hellenistic period—it was gradually forgotten. ↩︎
98:3 The witnesses who had heard the blasphemy might not repeat the words, but made use of an arbitrary formula to describe the crime. ↩︎
98:4 Cf. Mark 14. 63; Matt. 26. 65. ↩︎
99:1 C reads “sifts (?), embraces.” ↩︎
99:2 Cf. Exod. 20.; 23. 24; Deut. 5. 9. ↩︎
99:3 Word-play on Pe’or. Cf. Isa. 5. 14; Psalm 119. 131, for meaning of root. ↩︎
99:4 Mercurius, Hermes. A merkolis was a representation of the head of Hermes on the top of a square-shaped pillar, placed in prominent positions at cross-roads or boundaries. Passers-by signalized their homage to Hermes Enodios, the patron deity of the wayfarer, by throwing stones at it, gradually forming a cairn. Cf. Vulgate of Prov. 26. 8 and Aboda Zara, III. 7. ↩︎
99:5 1 Kings 19. 18. ↩︎
100:1 Lev. 20. 2; 18. 21; Deut. 18. 10. ↩︎
100:2 Sanh. 64 a: “What was that? Said Abayi: A row of bricks was arranged for the passage, and on both sides fire was kindled. Rabba maintains that it was by jumping, as children used to jump on Purim.” ↩︎
101:1 Lev. 19. 31; 20. 27; Deut. 18. 11. ↩︎
101:2 Vulgate of Lev. 20. 27. “Vir sive mulier in quibus pythonicus . . . fuerit spiritus.” LXX normally renders ‘Ob by ἐγγαστρίμυθοι, and Plutarch De defectu oraculorum, states that in his time ἐγγαστρίμυθοι were called πύθωνες. Cf. Acts 16. 16. ↩︎
101:3 R. V. Deut. 18. 11: “familiar spirit.” ↩︎
101:4 Cf. Lev. 19. 31. ↩︎
101:5 Sanh. 65_b_ has yaddu‘a. This, according to Rashi, was a wild beast, or, according to Maimonides, a bird. ↩︎
101:6 Deut. 18. 11. ↩︎
101:7 That is, according to Rashi, feet uppermost. ↩︎
101:8 Numb. 15. 32-36. See Mishnah Shab. VII. for the thirty-nine acts which may not be performed on the Sabbath. ↩︎
102:1 Kārēth, i.e. “cutting off,” “extirpation,”—by death. Cf. the common expression in the Pentateuch: “That soul shall be cut off from his people.” Some crimes, though not legally punishable by the court, are such that the authors suffer Kārēth, a death penalty direct from heaven. The tract Kerithoth in the Talmud is devoted to this subject. ↩︎
102:2 Exod. 21. 57; Lev. 20. 9. ↩︎
102:3 Making use of one of the attributes instead of the actual Name itself; e.g. “the Almighty,” “the Longsuffering,” etc. See Mishnah Shebu’oth IV. 13. ↩︎ ↩︎
102:4 Deut. 22. 23-34. The description na‘ara, ''damsel," is, according to Mishnah Niddin V. 67, only applicable to one between the age of twelve years and a day and twelve years and six months. ↩︎
102:5 No longer a “damsel,” but bogereth, “entering maturity,” past the age of twelve years and six months. ↩︎
103:1 It comes within the scope of adultery; Mishnah XI. 6_b_. ↩︎
103:2 Deut. 13. 6-1 “Commoner” is mentioned to exclude the “false prophet” who (Mishnah XI. 5) is punishable by strangulation. ↩︎
104:1 Sanh. 67_a_ continues: “Whom they hanged on the eve of the Passover.” Ben Stada was the son of Pandera. (Then why is he called the son of Stada?) R. Hisda said: “The husband of his mother was called Stada, and her seducer Pandera.” But the husband was known to be Pappus ben Jehuda, and the mother’s (real) name Miriam M’gadd’la (the women’s hairdresser). And Stada was the name applied to her in that s’tath da, “she went astray” from her husband." On the identifications arising from this, see R. T. Herford, Christianity in Talmud and Midrash (London, 1903), and G. H. Box, The Virgin Birth of Jesus (London, 1916), Appendix I. ↩︎
105:1 Customary rules for capital trials in his case are in abeyance. See Mishnah IV. i; cf. Tosefta VII. 2_b_. III. 3. ↩︎
105:2 Deut. 17. 6. ↩︎
105:3 Exod. 31. 14. ↩︎
106:1 Gen. 9. 6. ↩︎
106:2 Deut. 19. 16. His testimony is invalid. ↩︎
106:3 Deut. 13. 12 ff. Verse 16 orders that all those who are led astray are to he put to the sword; cf. Mishnah. X. 7. But since in the case of the mesith, “the beguiler” (Deut. 13. 6), who is expressly condemned to be stoned, the word l’haddiḥ’ka, “to lead thee astray,” is used, stoning must apply to him also, on the principle of gezera shawa; i.e. the misleader is to be stoned, and the misled decapitated. ↩︎
106:4 R. Shimeon places such a man in the category of the false prophet, Mishnah XI. 5. ↩︎
106:5 Deut. 18. 10; Exod. 22. 18. ↩︎
107:1 Exod. 22. 18. ↩︎
107:2 Deut. 21. 18-21. ↩︎
107:3 An Israelite is responsible for observance of the Law only on reaching the age of thirteen years and one day. Cf. Baba Mesia 96_a_. ↩︎
108:1 Sanh. 69_b_ (end): “According to reason a daughter should he more open to this charge of being ‘stubborn and rebellious’ than a son.” ↩︎
108:2 Gemara has “Scripture.” ↩︎
108:3 Τριτημόριον, a triens, in Roman measure one quarter of a libra\—about three ounces. According to _Yer. San_h. VIII. 2, it is half a litre, about six ounces. ↩︎
108:4 Lev. 14. 10. A liquid measure, holding, according to tradition, the contents of six eggs. ↩︎
108:5 So CN. Another reading is, “according to Italian measure.” ↩︎
108:6 Cf. Deut. 14. 26. ↩︎
108:7 Cf. Deut. 14. 21. ↩︎
108:8 Cf. Exod. 22. 31. ↩︎
108:9 Cf. Lev. 11. to 10 ff. ↩︎
108:10 Cf. Lev. II. 44 ff ↩︎
108:11 Deut. 21. 20. ↩︎
108:12 Prov. 23. 20. ↩︎
109:1 R. Jose b. Jehuda (b. Il’ai) lived towards the close of the second century, and was a distinguished contemporary of Rabbi Jehuda ha-Nasi. ↩︎
109:2 Sanh. 71_a_ explains this: “If she have not the same voice, appearance and stature.” ↩︎
110:1 Deut. 21. 19-20. ↩︎
111:1 Since the one is supposed to be concocting mischief, and the other studying the Law. ↩︎
111:2 Deut. 17. 13. ↩︎
111:3 Prov. 16. 33. ↩︎
111:4 Prov. 17. 6. ↩︎
111:5 Prov. 20. 29. ↩︎
111:6 Isa. 24. 23. ↩︎
112:1 Exod. 22. 2-4. ↩︎
112:2 That is, by day. ↩︎