Mishnah
Mishnah

Sanhedrin 2

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1

כֹּהֵן גָּדוֹל דָּן וְדָנִין אוֹתוֹ, מֵעִיד וּמְעִידִין אוֹתוֹ, חוֹלֵץ וְחוֹלְצִין לְאִשְׁתּוֹ, וּמְיַבְּמִין אֶת אִשְׁתּוֹ, אֲבָל הוּא אֵינוֹ מְיַבֵּם, מִפְּנֵי שֶׁהוּא אָסוּר בָּאַלְמָנָה. מֵת לוֹ מֵת, אֵינוֹ יוֹצֵא אַחַר הַמִּטָּה, אֶלָּא הֵן נִכְסִין וְהוּא נִגְלֶה, הֵן נִגְלִין וְהוּא נִכְסֶה, וְיוֹצֵא עִמָּהֶן עַד פֶּתַח הָעִיר, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר, אֵינוֹ יוֹצֵא מִן הַמִּקְדָּשׁ, שֶׁנֶּאֱמַר (ויקרא כא) וּמִן הַמִּקְדָּשׁ לֹא יֵצֵא. וּכְשֶׁהוּא מְנַחֵם אֲחֵרִים, דֶּרֶךְ כָּל הָעָם עוֹבְרִין בָּזֶה אַחַר זֶה וְהַמְמֻנֶּה מְמַצְּעוֹ בֵּינוֹ לְבֵין הָעָם. וּכְשֶׁהוּא מִתְנַחֵם מֵאֲחֵרִים, כָּל הָעָם אוֹמְרִים לוֹ אָנוּ כַפָּרָתְךָ, וְהוּא אוֹמֵר לָהֶן תִּתְבָּרְכוּ מִן הַשָּׁמָיִם. וּכְשֶׁמַּבְרִין אוֹתוֹ, כָּל הָעָם מְסֻבִּין עַל הָאָרֶץ וְהוּא מֵסֵב עַל הַסַּפְסָל:

A high-priest judges and he is judged; he testifies and he is testified for; he administers chalitzah and his wife receives chalitzah. His wife is taken in yibum, but he does not perform yibum, for a widow is forbidden to him. If one of his kin died, he does not follow the litter, [lest he come to touch it in his preoccupation, and it is written (Leviticus 21:11): "And to any dead body he shall not come."] But they (the litter bearers) are concealed and he is revealed; they are revealed and he is concealed. [When the litter bearers are "concealed" from the alleyway that they left, he is "revealed," and enters it. But so long as they are "revealed" in the alleyway, he is "concealed," from it, not entering it.] And he goes out with them until the entrance of the city. [For there are alleyways in the city in which he can conceal himself, but outside the city there is no (distinguishing) sign (of his separation from the procession)]. These are the words of R. Meir. R. Yehudah says: He does not go out of the sanctuary, viz. (Leviticus 21:12): "And from the sanctuary he shall not go out." [R. Yehudah expounds: "And from the sanctuary (mikdash), he shall not go out" — at all. R. Meir expounds: "And from his sanctity (kedushatho), he shall not go out," i.e., He should take care to avoid contact (with the body). And within the city, where there are alleyways, there is a distinguishing) sign, so that he takes care. The halachah is in accordance with R. Yehudah.] And when he consoles others, (when) it is the custom of all the people to pass by one after the other [(For all agree that he may follow the litter of one who is not his kin; for not being preoccupied, he will take care to avoid contact with the litter. And when they return from burial and stand in a file to console the mourners, who stand in their halts, and each one says: "Be consoled by Heaven")], the memunah (the "appointed one") [the adjutant high-priest, who is appointed to substitute for the high-priest if he becomes unfit on Yom Kippur] positions him in the middle between himself and the people. [For the memunah walks to the right of the high-priest, and all the people to his left, so that the high-priest is found to be in the middle.] And when he is consoled by others, all the people say to him: "We are your atonement" [i.e., You will receive atonement through us, and we are in your place for all that should come upon you], and he says to them: "Be blessed by Heaven!" And when they give him the mourner's meal, [for a mourner is forbidden to eat the first meal of his own food, and his kin and friends provide it for him], everyone sits on the ground [constricting themselves, and mourning for his suffering], and he sits [in (regard for his) dignity] on a bench.

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2

הַמֶּלֶךְ לֹא דָן וְלֹא דָנִין אוֹתוֹ, לֹא מֵעִיד וְלֹא מְעִידִין אוֹתוֹ, לֹא חוֹלֵץ וְלֹא חוֹלְצִין לְאִשְׁתּוֹ. לֹא מְיַבֵּם וְלֹא מְיַבְּמִין לְאִשְׁתּוֹ. רַבִּי יְהוּדָה אוֹמֵר, אִם רָצָה לַחֲלֹץ אוֹ לְיַבֵּם, זָכוּר לָטוֹב. אָמְרוּ לוֹ, אֵין שׁוֹמְעִין לוֹ. וְאֵין נוֹשְׂאִין אַלְמָנָתוֹ. רַבִּי יְהוּדָה אוֹמֵר, נוֹשֵׂא הַמֶּלֶךְ אַלְמָנָתוֹ שֶׁל מֶלֶךְ, שֶׁכֵּן מָצִינוּ בְדָוִד שֶׁנָּשָׂא אַלְמָנָתוֹ שֶׁל שָׁאוּל, שֶׁנֶּאֱמַר (שמואל ב יב) וָאֶתְּנָה לְךָ אֶת בֵּית אֲדֹנֶיךָ וְאֶת נְשֵׁי אֲדֹנֶיךָ בְּחֵיקֶךָ:

A king does not judge and he is not judged. [This, only with the kings of Yisrael, who do not defer to the sages; but kings from the Davidic line judge and are judged, viz. (Jeremiah 21:12): "House of David, thus says the L rd: 'Ply justice in the morning.'"]. He does not testify and he is not testified for. He does not administer chalitzah and his wife does not receive chalitzah. He does not perform yibum and his wife is not taken in yibum. R. Yehudah says: "If he wishes to perform chalitzah or yibum, let him be remembered for the good!" They said to him: He is not heeded, [for a king may not "waive" his honor, and it is demeaning for him to perform chalitzah and have her spit in his face; and if chalitzah does not obtain with a woman, neither does yibum.] And his widow is not wedded. R. Yehudah says: A king may marry a king's widow. For thus do we find with David, who married Saul's widow, viz. (II Samuel 12:8): "And I gave you (David) the house of your master (Saul), and the wives of your master in your bosom." [The halachah is in accordance with R. Yehudah in this.]

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3

מֵת לוֹ מֵת, אֵינוֹ יוֹצֵא מִפֶּתַח פַּלְטְרִין שֶׁלּוֹ. רַבִּי יְהוּדָה אוֹמֵר, אִם רוֹצֶה לָצֵאת אַחַר הַמִּטָּה, יוֹצֵא, שֶׁכֵּן מָצִינוּ בְדָוִד שֶׁיָּצָא אַחַר מִטָּתוֹ שֶׁל אַבְנֵר, שֶׁנֶּאֱמַר (שם ג) וְהַמֶּלֶךְ דָּוִד הֹלֵךְ אַחֲרֵי הַמִּטָּה. אָמְרוּ לוֹ, לֹא הָיָה הַדָּבָר אֶלָּא לְפַיֵּס אֶת הָעָם. וּכְשֶׁמַּבְרִין אוֹתוֹ, כָּל הָעָם מְסֻבִּין עַל הָאָרֶץ וְהוּא מֵסֵב עַל הַדַּרְגָּשׁ:

If one of his kin dies, he does not leave the portal of his palace, [it being demeaning for a king to show a mournful countenance to the people]. R. Yehudah says: If he wishes to follow the litter, he may do so, viz. (II Samuel 3:31): "And King David walked behind the litter." They countered: He did so only to appease the people, [so that they recognize that David had not counseled Yoav to kill Avner.] And when they give him the mourner's meal, everyone sits on the ground, and he sits on the bed.

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4

וּמוֹצִיא לְמִלְחֶמֶת הָרְשׁוּת עַל פִּי בֵית דִּין שֶׁל שִׁבְעִים וְאֶחָד. וּפוֹרֵץ לַעֲשׂוֹת לוֹ דֶרֶךְ, וְאֵין מְמַחִין בְּיָדוֹ. דֶּרֶךְ הַמֶּלֶךְ אֵין לוֹ שִׁעוּר. וְכָל הָעָם בּוֹזְזִין וְנוֹתְנִין לְפָנָיו, וְהוּא נוֹטֵל חֵלֶק בָּרֹאשׁ. לֹא יַרְבֶּה לּוֹ נָשִׁים (דברים יז), אֶלָּא שְׁמֹנֶה עֶשְׂרֵה. רַבִּי יְהוּדָה אוֹמֵר, מַרְבֶּה הוּא לוֹ, וּבִלְבַד שֶׁלֹּא יְהוּ מְסִירוֹת אֶת לִבּוֹ. רַבִּי שִׁמְעוֹן אוֹמֵר, אֲפִלּוּ אַחַת וּמְסִירָה אֶת לִבּוֹ, הֲרֵי זֶה לֹא יִשָּׂאֶנָּה. אִם כֵּן לָמָּה נֶאֱמַר (דברים יז) וְלֹא יַרְבֶּה לּוֹ נָשִׁים, אֲפִלּוּ כַאֲבִיגָיִל. לֹא יַרְבֶּה לּוֹ סוּסִים (שם), אֶלָּא כְדֵי מֶרְכַּבְתּוֹ. וְכֶסֶף וְזָהָב לֹא יַרְבֶּה לּוֹ מְאֹד (שם), אֶלָּא כְדֵי לִתֵּן אַפְסַנְיָא. וְכוֹתֵב לוֹ סֵפֶר תּוֹרָה לִשְׁמוֹ. יוֹצֵא לַמִּלְחָמָה, מוֹצִיאָהּ עִמּוֹ. נִכְנָס, מַכְנִיסָהּ עִמּוֹ. יוֹשֵׁב בַּדִּין, הִיא עִמּוֹ. מֵסֵב, הִיא כְנֶגְדּוֹ, שֶׁנֶּאֱמַר (שם) וְהָיְתָה עִמּוֹ וְקָרָא בוֹ כָּל יְמֵי חַיָּיו:

And he takes out (the army) to a "permitted war" [a war with peoples other than Amalek, and with (nations other than) the seven nations], by authorization of a beth-din of seventy-one. And he breaches [the fence of others] to make way for himself [to go to his vineyard or his field], and he may not be held back (from doing so). The path of the king has no limits. All of the people take of the spoil and place it before him, and he takes the prime portion. [He chooses first and takes half of all the spoil.] He may not take more than eighteen wives. [For David had six wives, and the prophet (Nathan) said to him (II Samuel 12:8): "And if these (six wives) were too few for you, I could have added to you as these and as these": "as these" — six; "and as these" — six, making a total of eighteen.] R. Yehudah says: He may take more [than eighteen], so long as they do not turn his heart astray. R. Shimon says: He may not marry even one who turns his heart astray.] If so, why is it written (Deuteronomy 17"7): "And he shall not multiply for himself wives"? Even such as Avigayil. [There are three different views on the matter: The first tanna holds that he may marry eighteen, even if they are immodest, and not more than eighteen, even if they are modest, this being the Scriptural decree. R. Yehudah holds that he may marry eighteen, even if they are immodest, but not more than eighteen of such; and he may marry as many modest, virtuous ones as he likes. He differs with the fist tanna on one count. R. Shimon holds that he may not marry even one immodest one, and not more than eighteen modest, virtuous ones. He differs from the first tanna on one count, and from R. Yehudah on both counts. The halachah is in accordance with the first tanna.] (Ibid. 16): "He shall not multiply for himself horses," but (may take) only as many as he needs for his chariot. [It is only "idle" horses (that he may not multiply), to vaunt and aggrandize himself with an abundance of horses; but for his chariot and for his horsemen to war against his foes, it is permitted.] (Ibid. 17): "And silver and gold he shall not multiply for himself overmuch," but only as much as is required for aspania [the wages of those troops who go in and out with him the entire year.] And he writes a Torah scroll for himself, [aside from the Torah scroll that every Jewish man must have, and which he keeps in his treasury. The Torah scroll that he writes for himself when he is king goes in and out with him constantly.] When he goes out to war, he takes it with him. When he comes back, it comes back with him. When he sits in judgment, it is with him. When he sits down (to eat), it is beside him, viz. (Ibid. 19): "And it shall be with him, and he shall read in it all the days of his life."

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5

אֵין רוֹכְבִין עַל סוּסוֹ, וְאֵין יוֹשְׁבִין עַל כִּסְאוֹ, וְאֵין מִשְׁתַּמְּשִׁין בְּשַׁרְבִיטוֹ, וְאֵין רוֹאִין אוֹתוֹ כְּשֶׁהוּא מִסְתַּפֵּר וְלֹא כְשֶׁהוּא עָרֹם וְלֹא בְבֵית הַמֶּרְחָץ, שֶׁנֶּאֱמַר (שם) שׂוֹם תָּשִׂים עָלֶיךָ מֶלֶךְ, שֶׁתְּהֵא אֵימָתוֹ עָלֶיךָ:

It is not permitted to ride on his horse, to sit on his throne, to make use of his sceptre, or to see him when his hair is being cut, when he is naked, or when he is in the bathhouse, it being written (Deuteronomy 17:15): "Place shall you place over yourself a king" — his awe must be upon you.

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