Mishnah
Mishnah

Reference for Sanhedrin 8:4

הָיָה אָבִיו רוֹצֶה וְאִמּוֹ אֵינָהּ רוֹצָה, אָבִיו אֵינוֹ רוֹצֶה וְאִמּוֹ רוֹצָה, אֵינוֹ נַעֲשֶׂה בֵן סוֹרֵר וּמוֹרֶה, עַד שֶׁיְּהוּ שְׁנֵיהֶם רוֹצִים. רַבִּי יְהוּדָה אוֹמֵר, אִם לֹא הָיְתָה אִמּוֹ רְאוּיָה לְאָבִיו, אֵינוֹ נַעֲשֶׂה בֵן סוֹרֵר וּמוֹרֶה. הָיָה אֶחָד מֵהֶם גִּדֵּם אוֹ חִגֵּר אוֹ אִלֵּם אוֹ סוּמָא אוֹ חֵרֵשׁ, אֵינוֹ נַעֲשֶׂה בֵן סוֹרֵר וּמוֹרֶה, שֶׁנֶּאֱמַר (דברים כא) וְתָפְשׂוּ בוֹ אָבִיו וְאִמּוֹ, וְלֹא גִדְּמִין. וְהוֹצִיאוּ אֹתוֹ, וְלֹא חִגְּרִין. וְאָמְרוּ, וְלֹא אִלְּמִין. בְּנֵנוּ זֶה, וְלֹא סוּמִין. אֵינֶנּוּ שֹׁמֵעַ בְּקֹלֵנוּ, וְלֹא חֵרְשִׁין. מַתְרִין בּוֹ בִּפְנֵי שְׁלֹשָׁה וּמַלְקִין אוֹתוֹ. חָזַר וְקִלְקֵל, נִדּוֹן בְּעֶשְׂרִים וּשְׁלֹשָׁה. וְאֵינוֹ נִסְקָל עַד שֶׁיְּהוּ שָׁם שְׁלֹשָׁה הָרִאשׁוֹנִים, שֶׁנֶּאֱמַר (שם) בְּנֵנוּ זֶה, זֶהוּ שֶׁלָּקָה בִּפְנֵיכֶם. בָּרַח עַד שֶׁלֹּא נִגְמַר דִּינוֹ וְאַחַר כָּךְ הִקִּיף זָקָן הַתַּחְתּוֹן, פָּטוּר. וְאִם מִשֶּׁנִּגְמַר דִּינוֹ בָּרַח וְאַחַר כָּךְ הִקִּיף זָקָן הַתַּחְתּוֹן, חַיָּב:

If his father wanted (to have him declared a ben sorer umoreh), and his mother did not; or if his father did not want it and his mother did — he does not become a ben sorer umoreh, until both want it. R. Yehudah says: If his mother were not similar to his father [in voice, appearance, and stature], he does not become a ben sorer umoreh, [it being written (Deuteronomy 21:20): "He does not heed our voice." Since it is not written "our voices," the implication is that they both have "one" voice. And since their voices must be similar, so must their appearance and stature be similar. The halachah is not in accordance with R. Yehudah.] If one of them were gidem [(if his hand were cut off)], or lame, or mute, or blind, or deaf, he does not become a ben sorer umoreh, it being written (Ibid 19): "Then his father and mother shall seize him" — and not gidmin. (Ibid.): "And they shall take him out" — and not lame. (Ibid. 20): "And they shall say" — and not mute. (Ibid.): "This, our son" [The implication is that they show him] — and not blind. (Ibid.): "He does not heed our voice" — and not deaf. [If he said to them: "I do not accept what you say," they do not hear him. And even though they see afterwards that he does not do as they commanded, still, "He does not heed our voice" implies that they say he does not heed them when they speak, hearing him say that he does not accept what they say.] He is warned before three and given stripes. [This is the intent: He is warned before two not to persist (in his behavior). And if he does not heed them, he is given stripes before a beth-din of three, as taught above (1:2): "Stripes, by three." For "And they shall chastise him" in respect to ben sorer umoreh (Deuteronomy 21:18) refers to stripes, it being written here: "ben sorer umoreh," and, elsewhere (Ibid. 25:2): "And it shall be, if bin of stripes is the wicked one."] If he reverts to his evil ways, he is judged by twenty-three, and he is not stoned until the first three are present, it being written (Ibid.): "This, our son — this one, who received stripes in your presence. [And even though this is required for "'This,' and not blind" (see above), if the only teaching were for "received stripes in your presence," it could have been written: "He, our son." Why "This, our son"? To teach both.] If he fled before his judgment were concluded and then were "encircled with the lower beard," he is not liable. [For if he were to commit his trespass now, he would not be liable to stoning.] And if he fled after his judgment had been concluded and then were "encircled with the lower beard," he is liable. [He is like "a killed man," and he is liable even after many years.]

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