A declaração sobre a novilha cujo pescoço deve ser quebrado deve estar na língua sagrada; como é dito: “Se um cadáver for encontrado morto na terra. . . então vossos anciãos e juízes sairão ”(Deuteronômio 21: 1-2) - três costumavam sair do alto tribunal de Jerusalém. O rabino Yehudah diz: cinco, como é dito, "Seus anciãos"—dois, "e seus juízes"—dois, e como não pode haver um tribunal com um número par, eles acrescentam mais um.
Bartenura on Mishnah Sotah
עגלה ערופה בלשון הקדש – what the elders say (Deuteronomy 21:7): “Our hands did not shed this blood,” and the Kohanim state (Deuteronomy 27:8): “Absolve, O LORD, Your people Israel [whom You redeemed, and do not let guilt for the blood of the innocent remain among Your people Israel],” it was necessary to state this in the Holy Tongue (i.e., Hebrew).
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Sotah
Introduction
The first part of the last chapter of Sotah discusses the ceremony in which the neck of a heifer is broken in order to atone for a murder whose murderer has not been identified. This ceremony is described in Deuteronomy 21:1-9.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Sotah
שנאמר כי ימצא וכו' – and in the same portion it states (Deuteronomy 21:7): ‘And they shall make this declaration,” and it states further on (Deuteronomy 27:14): “The Levites shall then proclaim [in a loud voice to all the people of Israel.” Just as there it is in the Holy Tongue (i.e., Hebrew), even here is in the Holy Tongue.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Sotah
[The declaration over] the heifer whose neck is to be broken must be in the holy tongue; as it is said, “If a corpse is found slain on the land … then your elders and judges shall go out” (Deuteronomy 21:1-2)--three used to go out from the high court in Jerusalem. The reason that this biblical passage is discussed here is that the declaration over the heifer must be made in Hebrew (the content of the declaration will be discussed below). However, the mishnah does not say why this is so. According to the Talmud, this is based on a midrash on the words, “And they shall answer and they shall say” (vs. 7). As we have seen in earlier mishnayoth, “they shall say” is interpreted to mean that they must say in Hebrew. After stating that the declaration must be made in Hebrew, the mishnah continues to discuss how the entire ceremony is performed, and when it is performed. According to the first opinion, three judges would go out from the high court in Jerusalem to determine which town was the closest to the dead body.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Sotah
היו יוצאים – and they come there and measure from the slain to the side of the villages that surround him to know which is closest.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Sotah
Rabbi Judah says: five, as it is said, “Your elders” two, “and your judges” two, and there cannot be a court of an even number, they add one more. Rabbi Judah midrashically determines that five judges, and not the typical three are necessary. His opinion is also found in Mishnah Sanhedrin 1:3.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Sotah
אין ב"ד שקול – a Jewish court is not made where it will be possible to divide into equal shares but rather, that the majority will be on the one side, to fulfill (Exodus 23:2): “[you shall not give perverse testimony in a dispute] so as to pervert in favor of the mighty.”
