Mishnah
Mishnah

Talmud for Sanhedrin 4:1

אֶחָד דִּינֵי מָמוֹנוֹת וְאֶחָד דִּינֵי נְפָשׁוֹת, בִּדְרִישָׁה וּבַחֲקִירָה, שֶׁנֶּאֱמַר (ויקרא כד) מִשְׁפַּט אֶחָד יִהְיֶה לָכֶם. מַה בֵּין דִּינֵי מָמוֹנוֹת לְדִינֵי נְפָשׁוֹת. דִּינֵי מָמוֹנוֹת בִּשְׁלֹשָׁה, וְדִינֵי נְפָשׁוֹת בְּעֶשְׂרִים וּשְׁלֹשָׁה. דִּינֵי מָמוֹנוֹת פּוֹתְחִין בֵּין לִזְכוּת בֵּין לְחוֹבָה, וְדִינֵי נְפָשׁוֹת פּוֹתְחִין לִזְכוּת וְאֵין פּוֹתְחִין לְחוֹבָה. דִּינֵי מָמוֹנוֹת מַטִּין עַל פִּי אֶחָד בֵּין לִזְכוּת בֵּין לְחוֹבָה, וְדִינֵי נְפָשׁוֹת מַטִּין עַל פִּי אֶחָד לִזְכוּת וְעַל פִּי שְׁנַיִם לְחוֹבָה. דִּינֵי מָמוֹנוֹת מַחֲזִירִין בֵּין לִזְכוּת בֵּין לְחוֹבָה, דִּינֵי נְפָשׁוֹת מַחֲזִירִין לִזְכוּת וְאֵין מַחֲזִירִין לְחוֹבָה. דִּינֵי מָמוֹנוֹת הַכֹּל מְלַמְּדִין זְכוּת וְחוֹבָה, דִּינֵי נְפָשׁוֹת הַכֹּל מְלַמְּדִין זְכוּת וְאֵין הַכֹּל מְלַמְּדִין חוֹבָה. דִּינֵי מָמוֹנוֹת הַמְלַמֵּד חוֹבָה מְלַמֵּד זְכוּת וְהַמְלַמֵּד זְכוּת מְלַמֵּד חוֹבָה, דִּינֵי נְפָשׁוֹת הַמְלַמֵּד חוֹבָה מְלַמֵּד זְכוּת, אֲבָל הַמְלַמֵּד זְכוּת אֵין יָכוֹל לַחֲזֹר וּלְלַמֵּד חוֹבָה. דִּינֵי מָמוֹנוֹת דָּנִין בַּיּוֹם וְגוֹמְרִין בַּלַּיְלָה, דִּינֵי נְפָשׁוֹת דָּנִין בַּיּוֹם וְגוֹמְרִין בַּיּוֹם. דִּינֵי מָמוֹנוֹת גּוֹמְרִין בּוֹ בַיּוֹם בֵּין לִזְכוּת בֵּין לְחוֹבָה, דִּינֵי נְפָשׁוֹת גּוֹמְרִין בּוֹ בַיּוֹם לִזְכוּת וּבְיוֹם שֶׁלְּאַחֲרָיו לְחוֹבָה, לְפִיכָךְ אֵין דָּנִין לֹא בְעֶרֶב שַׁבָּת וְלֹא בְעֶרֶב יוֹם טוֹב:

Both monetary litigations and capital cases require thorough cross-examination (of the witnesses), it being written (Leviticus 24:22): "One judgment shall there be for you." [And, in respect to capital cases it is written (Deuteronomy 13:15): "And you shall inquire and you shall search out." This is the law of the Torah. But the sages prescribed that the cross-examination not be drawn out in monetary litigations so that the door not be closed to loans (unless beth-din sense deceit). "Cross-examination" (drishah uchakirah) is on the issue itself, e.g., How much was lent? When was it lent? How was it lent? Where was it lent? And there is another line of questioning called "examination" (bedikah) not on the issue itself, e.g., What was he wearing? Were his clothes black or white? Was he standing or sitting when he lent him?] What is the difference between monetary litigations and capital cases. Monetary litigations (are judged) by three; capital cases, by twenty-three. [Deliberations in] monetary cases are opened either for non-liability or for liability. Capital cases are opened for acquittal and not for indictment. Monetary judgments are decided by (a majority of) one, both for non-liability or for liability. Capital cases are decided by one for acquittal, and by two, for liability. [Rulings found to be mistaken in] monetary cases are overturned both for non-liability and for liability. Capital cases are overturned for acquittal, but not for indictment. (In) monetary litigations all can register a plea for non-liability or for liability. (In) capital cases, all can register a plea for acquittal, but not for indictment. [If one of the disciples says: "I have something to say for indictment," he is not heeded.] (In) monetary litigations the one (i.e., the judge) who argues for liability can (retract and) argue for non-liability, and the one who argues for non-liability can argue for liability. (In) capital cases, the one who argues for indictment can argue for acquittal, but the one who argues for acquittal cannot retract and argue for indictment. Monetary litigations are adjudicated in the daytime and concluded (even) at night. [viz. (Exodus 18:22): "And they shall judge the people at every time," and (Deuteronomy 21:16): "And it shall be on the day he causes his sons to inherit!" How so? The day for the beginning of the judgment; the night for its conclusion.] Capital cases are adjudicated in the daytime and concluded in the daytime, [it being written (Numbers 25:4): "And hang them up for the L rd against the sun."] Monetary cases are concluded on the day (of their adjudication) both for non-liability and for liability. Capital cases are concluded on the day (of their adjudication) for acquittal, and on the day afterwards for indictment, [viz. (Isaiah 1:21): "She (Jerusalem) that was full of justice, where righteousness would lie over (i.e., where the judges would wait until the next day, hoping to find the defendant righteous) — now (they are) murderers!" (i.e., they indict on the day of adjudication.)] Therefore, they (capital cases) are not adjudicated on the eve of a Sabbath or of a festival. [ For its conclusion would then be on the Sabbath. And it (the conclusion) cannot be left until after the Sabbath because of "affliction (i.e., delay) of judgment." And to judge (i.e., to execute) him on the Sabbath is also not possible, for the four judicial death penalties do not override the Sabbath, it being written (Exodus 35:3): "You shall not light a fire in all of your dwellings on the day of the Sabbath" — to teach that those liable to burning are not burned on the Sabbath. The same applies to the other judicial death penalties.]

Jerusalem Talmud Berakhot

From where that “congregation” means ten people106The discussion here is to prove that for a public invocation of the Name one needs a congregation of at least ten adult males. The relevant verses are Lev. 19:2 “Speak to the entire congregation of the children of Israel and tell them: conduct yourselves in holiness because I, The Eternal, your God, Am Holy” and Lev. 22:32 “I shall be sanctified in the midst of the children of Israel.” The same discussion is reported Megillah 4:4, Sanhedrin 1:4. The parallel discussion in the Babli, Megillah 23a, in the name of the first generation Rebbi Ḥiyya, is based on the second verse and is intelligible only if it is understood as reference to the derivation in the Yerushalmi.? Rebbi Abba and Rebbi Yasa in the name of Rebbi Yoḥanan: It is said here “congregation” and it says there107“Here” refers to Lev. 19:2, “there” to Num. 14:27: “How long for this evil congregation”, speaking of the ten spies who argued against entering the Land. There were twelve spies in all; Joshua and Caleb were in the opposition; accordingly there were ten evil persons who formed the congregation. “congregation”. Since “congregation” mentioned there means ten, so also “congregation” mentioned here must mean ten. Rebbi Simon said, it is said here “in the midst” and it is said there “in the midst” (Gen. 42:5): “The sons of Israel came to buy grain in the midst of those who came.” Since “in the midst” said there means ten, so also here it must mean ten. Rebbi Yose ben Rebbi Abun said to him, if you deduce from “in the midst”, there are too many of them108In particular, in Lev. 22:32, “in the midst” must mean 600’000 adult males. In the Babli, Lev. 22:32 is used to establish a formal parallel, known as gezerah shawah, between this verse and the one from Genesis. The latter verse is then used to arrive at the number ten (since of the twelve tribes, Joseph and Benjamin were missing). From the Babli it seems that there was a tradition linking the two verses (since in its opinion, gezerah shawah must be based on a tradition) and, therefore, R. Simon is forced to quote a verse that in itself seems to be less adequate than the one used before.. But it is said here “the children of Israel” and it is said there “the children of Israel.” Since “children of Israel” said there means ten, so here it also must mean ten.
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