Mishnah
Mishnah

Reference for Sanhedrin 11:1

אֵלּוּ הֵן הַנֶּחֱנָקִין, הַמַּכֶּה אָבִיו וְאִמּוֹ, וְגוֹנֵב נֶפֶשׁ מִיִּשְׂרָאֵל, וְזָקֵן מַמְרֵא עַל פִּי בֵית דִּין, וּנְבִיא הַשֶּׁקֶר, וְהַמִּתְנַבֵּא בְּשֵׁם עֲבוֹדָה זָרָה, וְהַבָּא עַל אֵשֶׁת אִישׁ, וְזוֹמְמֵי בַת כֹּהֵן וּבוֹעֲלָהּ. הַמַּכֶּה אָבִיו וְאִמּוֹ אֵינוֹ חַיָּב עַד שֶׁיַּעֲשֶׂה בָהֶן חַבּוּרָה. זֶה חֹמֶר בַּמְקַלֵּל מִבַּמַּכֶּה, שֶׁהַמְקַלֵּל לְאַחַר מִיתָה חַיָּב, וְהַמַּכֶּה לְאַחַר מִיתָה פָּטוּר. הַגּוֹנֵב נֶפֶשׁ מִיִּשְׂרָאֵל אֵינוֹ חַיָּב עַד שֶׁיַּכְנִיסֶנּוּ לִרְשׁוּתוֹ. רַבִּי יְהוּדָה אוֹמֵר, עַד שֶׁיַּכְנִיסֶנּוּ לִרְשׁוּתוֹ וְיִשְׁתַּמֵּשׁ בּוֹ, שֶׁנֶּאֱמַר (דברים כד) וְהִתְעַמֶּר בּוֹ וּמְכָרוֹ. הַגּוֹנֵב אֶת בְּנוֹ, רַבִּי יִשְׁמָעֵאל בְּנוֹ שֶׁל רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה מְחַיֵּב, וַחֲכָמִים פּוֹטְרִין. גָּנַב מִי שֶׁחֶצְיוֹ עֶבֶד וְחֶצְיוֹ בֶן חוֹרִין, רַבִּי יְהוּדָה מְחַיֵּב, וַחֲכָמִים פּוֹטְרִין:

And these are the ones who are put to death by strangulation: one who strikes his father or mother, one who steals a soul of Israel (i.e., a kidnapper), an elder who rebels against beth-din [i.e., who defies the ruling of the great beth-din in "the chamber of hewn stone" (in Jerusalem), a false prophet, one who prophesies in the name of idolatry, one who lives with a married woman, and the zomemin of the daughter of a Cohein and her consort. [Even though they come to make her liable to burning, they are sentenced only to the death penalty they intended for the one who lived with her, i.e., strangulation, the regular penalty for adulterers, it being written (Leviticus 21:9): "In fire shall she be burned" — she, and not her consort. And (the halachah for) her zomemin is derived from (Deuteronomy 19:19): "as he schemed to do to his brother" — and not to his sister. [("and her consort":) the consort of the married daughter of a Cohein; but if she were betrothed, she and her consort are executed by stoning.] If one strikes his father or mother he is not liable unless he makes a wound. This is a stringency of cursing (one's parents) over striking: If one curses them after (their) death, he is liable, [it being written (Leviticus 20:9): "His father and his mother has he cursed" — a superfluous verse to include (liability for cursing them) after (their) death]; and if he strikes them after their death, he is not liable, [for he is not liable unless he makes a wound, and there is no "wound" after death.] If one steals (i.e., kidnaps) a soul of Israel, he is not liable until he brings him into his domain, [it being written (Exodus 21:16): "…and he be found in his hand," his "hand" being his domain. Similarly (Numbers 21:26): "And he took his whole land from his hand."] . Yehudah says: Until he brings him into his domain and makes use of him, it being written (Deuteronomy 24:7): "and he makes use of him and sells him." ["use" worth a perutah. And the first tanna rules him liable for "use" of even less than a perutah. The halachah is in accordance with the first tanna.] If one steals his son, R. Yishmael b. R. Yochanan b. B'roka rules him liable. The sages rule him not liable. [The rationale of the rabbis: It is written (Exodus 21:16): "and he be found in his hand" — a superfluous verse, for it is written (Deuteronomy 24:7): "If there be found a man, etc." — to teach us: to exclude one who is already "found" (i.e., his son)]. If one steals a man who is half bondsman - half free, R. Yehudah rules him liable, and the sages, not liable. [("R. Yehudah rules him liable":) it being written (Deuteronomy 24:7): "of his brothers of the children of Israel": "of his brothers" — to exclude bondsmen; "of the children of Israel": If it were written "the children of Israel," we would exclude one who was half bondsman - half free. Now that it is written: "of the children of Israel," this is an additional exclusion; "and there is no exclusion after exclusion except for inclusion." And the rabbis hold that "of his brothers" does not exclude bondsmen, for they are his "brothers" in mitzvoth. Rather, "the children of Israel" — to exclude bondsmen; "of the children of Israel" — to exclude one who is half bondsman - half free. The halachah is in accordance with the sages.]

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