Талмуд к Санхе́дрин 11:7

HALAKHAH: “How are plotting witnesses treated,” etc. Rebbi Yose ben Ḥanina said, everything was included in do not testify against your neighbor as a false witness. As an exception, do to him as he plotted to do to his neighbor. If you can satisfy do to him as he plotted then fulfill (do not testify)⁷Text of the Leiden ms., to be deleted. [do to him as he plotted to do]⁸Text of G, to be accepted.. But if you cannot satisfy do to him as he plotted to do to his neighbor then (do not)⁷Text of the Leiden ms., to be deleted. satisfy do not testify against your neighbor¹It is one of the Ten Commandments not to testify falsely. In addition, Deut. 19:16–20 prescribes that a “plotting” false witness has to be punished by the penalty which would have been imposed on his victim had his testimony been found true. By rabbinic definition, a “plotting” witness is one whose testimony not only is false but shown to be impossible, in that there are witnesses to the fact that he testified to be eye witness of a fact which he could not have seen since at the time it was supposed to have happened he was at another place (Sanhedrin Chapter 5, Note 3). There are cases when plotting perjury is proven but the penalty cannot be imposed. Then the false witness must be punished for breaking the Eighth Commandment, which is the standard punishment decreed for breaking any prohibition for which the penalty was not specified, fixed in Deut. 25:3 as at most 40 lashes (which, because the court marshal might err in his count, is limited to 39 lashes).
The Babli (2b) disagrees with this explanation; it classifies simple perjury as “actionless crime” for which no penalty is possible; this clearly is not the Yerushalmi’s position (cf. Ketubot 4:4 Note 196.). Another explanation: Do to him, not to his descendants³If the witness is not a Cohen, declaring him as son of a divorcee would not change his status at all. If he is a Cohen, declaring him as son of a divorcee would punish not only him but also his descendants, against the biblical text as explained in the Halakhah..

Rebbi Ḥuna and Simeon Qamateria in the name of Rebbi Samuel ben Naḥman (Jud. 18:30): “Jonathan ben Gershom ben Manasseh,” a hanging נ¹²⁸In Bible manuscripts and prints, the name is יהונתן בן גרשם בן מ^נשה, to hide the fact that a grandson of Moses was priest of the idol at Dan. Manasseh is the bad king of Judah, son of king Hezekiah. The parallels to this paragraph are Yerushalmi Sanhedrin11:5, Babli Bava Batra 110a.. If he merits it, ben Mosheh. If he does not merit it, ben Manasseh. The colleagues asked before Rebbi Samuel bar Naḥman: He was a priest of idol worship and lived so long¹²⁹The verse reads: “Jonathan ben Gershom ben Mo(n)sheh, he and his sons, were priests for the tribe of Dan, until the day the land was exiled. They put up for themselves the idol of Micah, that the latter had made, all the days that the House of God was at Shiloh.” There are several interpretations of “the day the land was exiled.” Rashi takes it to mean the exile of Dan by the Assyrians, Babylonian tradition (Seder Olam Chapter 24) takes it as the time of captivity of king Manasse in Babylon; most later Medieval commentators (Ibn Ezra, Gersonides, R. Isaiah of Trani) take it to refer to the destruction of Shiloh (since Jeroboam put up a new Golden Calf at Dan, the original idol can no longer have survived.) However, as Y. Yadin has pointed out, already in the Song of Deborah there is a reference to the tribe of Dan who “went to dwell on ships.” Rashi’s interpretation is that of the Talmudim (the parallel in the Babli is Bava Bathra 110a), since both have Jonathan (not just one of his descendants) alive and active at the time of David, about 300 years after the conquest of Laish by the tribe of Dan.? He said to them, because he [Jonathan] was grudging to his idol. How was he grudging to his idol? If a man came to sacrifice an ox, a sheep, or a goat to the idol and told him: Make it favorably inclined towards me, he would say: What use does it have for you? It neither sees, nor hears, nor eats, nor drinks, nor does good or evil, and does not talk. He said to him, by your life, what should we do? He said to him, go, make, and bring me a wooden vessel¹³⁰Greek πίναξ, “wooden platter”. full of fine flour and put on it ten eggs, then I shall prepare it before that one and it will eat from all that comes and I shall make it favorably inclined towards you! After he left, he would eat it. One day, a son of pashas came and he said that to him. He said to him, if it is of no use, what are you doing here? He said to him, because of my livelihood. When David became king, he sent and brought him. He said to him, you are the grandson of that righteous man and you worship idols? He said to him: I have a tradition from my grandfather’s house: Sell yourself to idol worship¹³¹In Hebrew, “strange work”. rather than need other people¹³²To take money from charity.. He said to him: Heaven forbid! He did not say so, but sell yourself to work that is strange to you rather than to need other people. When David saw that he loved money, he made him count¹³³Latin comes, a high official in post-Diocletian Rome. “Treasury” from Greek θησαυρός. of his treasuries. That is what is written (1Chr. 26:24): “Shabuel ben Gershom ben Moshe, overseer of the treasuries.” “Shabuel” because he returned to God with all his heart and all his might. “Overseer of the treasuries,” that he made him count of the treasuries. They objected to Rebbi Samuel bar Naḥman: (Jud. 18:30): “Until the day the land went into exile.” He said to them, when David died, Shelomo rose and exchanged all his counselors¹³⁴Greek singular σύγκλητος (βουλή) “summoned (council, senate)”, also συγκλητικός “of senatorial rank”, with Aramaic plural ending. Seder Olam, quoted earlier, seems to assume that he stayed in Jerusalem after that.. He returned to his former bad ways. That is what is written: (1K. 13:11) “An old prophet¹³⁵Since prophets are usually experienced people, this one must have been very old. was dwelling at Beth El;” they say that this was he.

MISHNAH: This is more severe regarding a human than an ox since a human pays damages³⁷And the other four categories of payments mentioned in Mishnah 1. These are enumerated by the Mishnah in the Babli and most independent Mishnah mss. and pays for unborn children³⁸Ex. 21:22 prescribes that an attack on a woman which leads to a miscarriage but does not endanger the woman’s life entitles the woman’s husband to go to court and exact payment for the loss of prospective children., but the ox pays only damages and does not pay for unborn children.
A person who hits his father or mother without causing a concussion³⁹Ex. 21:15 declares hitting father or mother to be a capital crime. Hitting one of the parents without causing visible damage is a sin but not a crime. Therefore there is no obstacle to pressing monetary claims. Cf. Mishnah 7. or who causes injury on the Day of Atonement⁴⁰Desecrating the Day of Atonement is a deadly sin but not a prosecutable crime; it is outside the purview of the human court. Injuring somebody on the Sabbath is a capital crime. Cf. Mishnah 7. is liable for everything. He who injures a Hebrew slave⁴¹Hebrew slavery was an institution permanently abolished, never resurrected in the Second Commonwealt; cf. Qiddušin 1:2, Note 150. The argument is purely theoretical. is liable for everything except for lost earnings if he is his own. He who injures another person’s Canaanite slave⁴²Any Gentile slave becoming potentially Jewish by circumcision and immersion in a miqweh; cf. Qiddušin 1:3, Note 328. A person severely injuring his own slave has to set him free (Ex. 21:26–27). is liable for everything. Rebbi Jehudah says, slaves have no claim for embarrassment.

HALAKHAH: “She always remains in the father’s power,” etc. Not only to the bridal chamber¹⁵⁴It seems that the original Yerushalmi Mishnah did not read “until she enters the husband’s power for definitive marriage” but “until she enters the bridal chamber” with most Mishnah mss. and the Munich ms. of the Babli. S. Lieberman emphasizes on several occasions that it seems that the scribe of the Leiden ms. obtained the Mishnah text not from the Yerushalmi text he was copying but from a separate Mishnah ms. but to a house where the bridal chamber is. In which way? A banquet hall¹⁵⁵Greek τρικλίνιον, cf. Berakhot3:5, Note 229. and a bedroom¹⁵⁶Greek κοιτών., the bridal chamber being the bedroom, and she entered the banquest hall. In which respect? Rebbi Eleazar said, to inherit from her¹⁵⁷In the Babli, 48b, this is Samuel’s opinion, that after the signing of the ketubah document, the husband’s rights and obligations are activated not by the formal “seven benedictions” of the definitive marriage but by the bride entering the husband’s power.. Rebbi Simeon ben Laqish said, to dissolve her vows¹⁵⁸In the Babli, 48b, he is reported to hold that after this moment, if she is divorced or widowed before entering the bridal chamber, she legally becomes a divorcee or widow after definitive marriage. This parallels R. Ze‘ira’s interpretation here, that the husband acquires all rights even if he cannot exercise them yet.. Rebbi Ze‘ira said, even though Rebbi Simeon ben Laqish said, to dissolve her vows, he agrees that he does not actually dissolve them until she enters the bridal chamber. Rebbi Huna said, a baraita¹⁵⁹A similar baraita is quoted in the Babli, 49a. supports Rebbi Simeon ben Laqish: “To whore in her father’s house,” that excludes the case that the father’s emissaries entrusted her to the husband’s emissaries, after which she¹⁶⁰If now she should commit adultery before two witnesses after being duly warned that it would be a capital crime, she is treated as a definitively married woman, not as a preliminarily married adolescent. should not be stoned but strangled.