Iv. Offenders Liable To Capital Punishment. Part 11 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 1-6. THOSE GUILTY OF INCESTUOUS AND UNNATURAL CRIMES. (1) He who has criminal connexion with his mother 2 is guilty both in respect of the law of the mother and the law of the father's wife. R. Jehuda holds that he is guilty in respect of the law...
Iv. Offenders Liable To Capital Punishment. Part 10 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 7. THE BLASPHEMER. M.VII. 5. The blasphemer 2 is not guilty until he have expressly uttered the Name. According to R. Jehoshua, the son of Karha, the witnesses throughout are examined by means of pseudonyms: 3 for example " Jose strikes Jose." But...
Iv. Offenders Liable To Capital Punishment. Part 07 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 101 10-11. THE BA'AL 'OB AND THE YIDD'ONI. M.VII. 7b. The Ba'al 'Ob, 1 that is, the Python 2 who speaks from his armpits, and the Yidd'oni 3 who speaks from his mouth, are punishable by stoning; and he who has inquired of them (offends) against...
Iv. Offenders Liable To Capital Punishment. Part 19 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 18. THE STUBBORN AND REBELLIOUS SON. M.VIII. 1. At what time can one be deemed a "stubborn and rebellious son"? 2 From the time that he can produce two hairs until the lower beard is encompassed (not the upper one, for the wise men spoke modestly)...
Ii. Judicial Procedure. Those Who Are Eligible : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 57 II.--JUDICIAL PROCEDURE THOSE WHO ARE ELIGIBLE AND THOSE WHO ARE INELIGIBLE AS JUDGES OR WITNESSES. M.III. 1. Non-capital cases are tried by three judges. Each of the contending parties chooses one, and the two together choose a third,--so R...
Ii. Judicial Procedure. The Arrangement : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 75 THE ARRANGEMENT OF THE COURT, AND THE METHOD ADOPTED FOR ADDING TO THE NUMBER OF THE JUDGES. M.IV. 3. The Sanhedrin sat in the form of a semi-circle so that they might all see each other; and two judges' clerks stood in front, one...
Iv. Offenders Liable To Capital Punishment. Part 14 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], (1) THE MURDERER. A murderer who has struck his neighbour with iron or stone, or held him down in fire or water so that he could not rise, and he die, is guilty. If he pushed him in water or fire so that he could rise, yet he die, he is innocent...
Iv. Offenders Liable To Capital Punishment. Part 03 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 15. THE BEGUILER TO IDOLATRY. M.VII. 10"a". "He who acts the part of a beguiler " 2 refers to one commoner who beguiles another commoner. If he have said, "There is a god in such a place who eats this, drinks that, benefits in this way, does harm...
Iv. Offenders Liable To Capital Punishment. Part 02 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 16. HE WHO LEADS A TOWN ASTRAY. M.VII. 10"b". The one who leads a town astray 3 is he who says outright, "Let us go and worship idols." T. XI. 5 "b". R. Shimeon the son of Jehuda said in the name of R. Shimeon, "He who leads a town astray is to die...
Ii. Judicial Procedure. The Method Of Legal. Part 02 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 62 THE METHOD OF LEGAL PROCEDURE IN NON-CAPITAL CASES. M.III. 6a. How were witnesses examined? They were brought in and admonished; 1 they were then sent out, leaving behind the chief one of them. He is asked, "How do you know that A is indebted...
Iv. Offenders Liable To Capital Punishment. Part 18 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], THE HOUSEBREAKER. M. VIII. 6. The housebreaker 1 is condemned in view of what he might do afterwards. If in his breaking through he have broken a barrel, where there would be blood-guiltiness 2 (if the householder killed him) he is liable...
Next. The Elder Who Defies The Court : * "Tractate Sanhedrin", Herbert Danby tr. [1919], (3) THE ELDER WHO DEFIES THE COURT. M.2. "The elder who defies the court: "it is written, IF A MATTER BE TOO DIFFICULT FOR THEE TO JUDGE, BETWEEN BLOOD AND BLOOD, AND BETWEEN PLEA AND PLEA, 4 etc. There were three courts: one at the gate...
Iv. Offenders Liable To Capital Punishment. Part 06 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 12. THE SABBATH-BREAKER. M.VII. 8"a". If a man defile the Sabbath 8 by a p. 102 M.wilful act, he is liable to extermination; 1 if by error, to a sin-offering. FOOTNOTES 101:8 Numb. 15. 32-36. See "Mishnah Shab". VII. for the thirty-nine acts which...
Iv. Offenders Liable To Capital Punishment. Part 12 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], IV.--OFFENDERS LIABLE TO CAPITAL PUNISHMENT A.--THOSE WHO ARE PUNISHABLE BY STONING VII. 4. These are they who are to be stoned: the man who has criminal connexion with his p. 96 M.mother, his father's wife, his daughter-in-law, a male, or a beast;...
Iv. Offenders Liable To Capital Punishment. Part 16 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 114 B.--THOSE WHO ARE PUNISHABLE BY BURNING M.IX. 1"a". These are punishable by burning: he who has criminal connexion with a woman and her daughter, 1 and a priest's daughter 2 (who has committed adultery). The term "a woman and her daughter"...
Iv. Offenders Liable To Capital Punishment. Part 08 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 9. HE WHO OFFERS HIS CHILDREN TO MOLOCH. M.VII. 7"a". He who offers one of his children to Moloch 1 is not guilty until he both delivers him over to Moloch and passes him through the fire. If he deliver him over to Moloch and do not pass him...
Jurisdiction Of The Various Courts. Concerning : * "Tractate Sanhedrin", Herbert Danby tr. [1919], CONCERNING THE NUMBER OF MEMBERS IN THE GREATER AND LESSER SANHEDRINS. M.I. 6. The Great Sanhedrin consisted of seventy-one members, and the Lesser of twenty-three. Whence do we know that the Great Sanhedrin should consist of seventy-one? It is...
Iv. Offenders Liable To Capital Punishment. Part 04 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 14. THE SEDUCER OF A BETROTHED DAMSEL. 9. He who has criminal connexion with a betrothed damsel 4 is guilty only if she be a virgin, betrothed, and in her father's house. If two have criminal connexion with her, the first is to be stoned...
Untitled : This is a translation of the Talmud tractate Sanhedrin, which deals with judicial procedure, particularly relating to capital punishment. The author is a Christian academic, and the translation includes the primary text (Mishna) and the second-level commentary (Tosefta). This book is a good...
Those Punishable : * "Tractate Sanhedrin", Herbert Danby tr. [1919], (7) THE FALSE WITNESSES AGAINST A PRIEST'S DAUGHTER. M.6"c". "The false witnesses against a priest's daughter, and the one who is her paramour":--all false witnesses are subject to the same death penalty (to which the accused has been made liable)...
Advertisements : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 149 (These advertisements appeared at the end of the original book. This portion was transcribed for completeness. There were no page numbers in this section; the page numbers have been supplied for technical reasons.--JBH.) TRANSLATIONS...
Iii. The Four Capital Punishments. The Other : * "Tractate Sanhedrin", Herbert Danby tr. [1919], THE OTHER FORMS OF DEATH PENALTY: BURNING, DECAPITATION, AND STRANGULATION. M.VII. 1. The court had the power of inflicting four kinds of death penalty: stoning, burning, decapitation, and strangulation. R. Shimeon gives them in the order: 3...
Next. The Adulterer : * "Tractate Sanhedrin", Herbert Danby tr. [1919], (6) THE ADULTERER. M.6"b". He who has criminal connexion with a man's wife: that is, at a time when the woman, after the marriage, has come under the control of the husband. Even though the marriage be not consummated, if he have criminal connexi...
Ii. Judicial Procedure. The Method Of Admonishing : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 78 THE METHOD OF ADMONISHING WITNESSES IN CAPITAL CASES. M. IV. 5"a". How were witnesses admonished in capital cases? They were brought in, and admonished to the effect that "what you say may be merely your own opinion, or hearsay, or secondh...
Ii. Judicial Procedure. The Method Of Legal : * "Tractate Sanhedrin", Herbert Danby tr. [1919], THE METHOD OF LEGAL PROCEDURE IN CAPITAL CASES. V. I. Witnesses were examined by seven queries: In what Sabbatic period? In what year? In what month? On what day of the month? On what day? At what hour? and, Where? According to R. Jose the queries...
Iii. The Four Capital Punishments. The Carrying : * "Tractate Sanhedrin", Herbert Danby tr. [1919], III.--THE FOUR CAPITAL PUNISHMENTS THE CARRYING OUT OF THE SENTENCE OF STONING. M.VI. I. When the trial is finished, the man convicted is brought out to be stoned. The stoning place was outside the court, for it is written: SEND FORTH HIM THAT HATH...
Jurisdiction Of The Various Courts. The Duties. Part 02 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], THE DUTIES AND RESTRICTIONS RELATING TO THE HIGH-PRIEST. M.II. I. The High-priest can judge and be judged, can bear witness and be witnessed against; he may perform the "alia" 1 ceremony and it may be performed in the case of his wife; his brother...
Iii. The Four Capital Punishments. The Hanging : * "Tractate Sanhedrin", Herbert Danby tr. [1919], THE HANGING AND ULTIMATE DISPOSAL OF THE CORPSE. M.VI. 4"b". Every one stoned is to be hanged,--so R. Eleazar; but the majority hold that only blasphemers and idolaters are to be hanged. A p. 91 M.man is hanged with his face to the people...
Next. The False Prophet : * "Tractate Sanhedrin", Herbert Danby tr. [1919], (4) THE FALSE PROPHET. M.XI. 5. " The false prophet " 5 is he who prophesies what he has not heard, and what was not told p. 140 M.him; 1 whereas he who suppresses his prophetic message, or regards as exaggerated the words of another prophet...
Next. He Who Prophesies In The Name Of A False God : * "Tractate Sanhedrin", Herbert Danby tr. [1919], (5) HE WHO PROPHESIES IN THE NAME OF A FALSE GOD. M.XI. 6"a". He who prophesies in the name of a false god, 1 is he who says: "Thus saith the god." Such a one is guilty even though his message confirm the "halaka" concerning unclean and cle...
Next. D. Those Who Are Punishable : * "Tractate Sanhedrin", Herbert Danby tr. [1919], D.--THOSE WHO ARE PUNISHABLE BY STRANGULATION M.XI. 1. These are they who are to be strangled: (1) He who strikes his father or mother; (2) he who steals a soul from Israel; (3) an elder who defies the court; (4) a false prophet; (5) one who...
Ii. Judicial Procedure. Differences In Legal : * "Tractate Sanhedrin", Herbert Danby tr. [1919], DIFFERENCES IN LEGAL PROCEDURE DISTINGUISHING CAPITAL FROM NON-CAPITAL CASES. M.IV. i. Non-capital and capital cases are identical with regard to examination and inquiry, 1 as it is written; YE SHALL HAVE ONE MANNER OF LAW. 2 What is the difference...
Interpolated Section. Those Who Have No Share : * "Tractate Sanhedrin", Herbert Danby tr. [1919], [AN INTERPOLATED SECTION.] * THOSE WHO HAVE NO SHARE IN THE WORLD TO COME. X. I. These are they who have no share in the world to come: 2 who say there is no resurrection of the dead; 3 that the Law is not from Heaven; and the Epicureans. 4 R...
Title Page : * "Tractate Sanhedrin", Herbert Danby tr. [1919], TRACTATE SANHEDRIN MISHNAH AND TOSEFTA THE JUDICIAL PROCEDURE OF THE JEWS AS CODIFIED TOWARDS THE END OF THE SECOND CENTURY A.D. TRANSLATED FROM THE HEBREW WITH BRIEF ANNOTATIONS BY HERBERT DANBY, M.A. SUB-WARDEN OF ST. DEINIOL'S LIBRARY, HAWARDEN...
Next. Cases Which Must Be Tried : * "Tractate Sanhedrin", Herbert Danby tr. [1919], CASES WHICH MUST BE TRIED BY THE LESSER SANHEDRIN. M.I. 4. Capital cases are to be tried by twenty-three judges:--The two parties in an unnatural crime, by twenty-three, as it is written: 4 AND p. 37 M.[paragraph continues] THOU SHALT SLAY...
Rabbinical Authorities Mentioned Or Quoted In Text : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 145 RABBINICAL AUTHORITIES MENTIONED OR QUOTED IN TEXT ABBA SHAUL ("c". 150), Mish. 10. 1; Tos. 3. 4; 12. 7; 12. 8; 12. 10. Akiba, R. ("c". 130), Mish. 1. 4; 3. 4; 7. 11; 9. 6; 10. 1; 10. 3"c"; 10. 3"d"; 11. 4; Tos. 2. 8; 3. 5; 11. 5"c"; 12. 3;...
Introduction : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. v INTRODUCTION GENERAL CHARACTER AND CONTENTS "SANHEDRIN" is the title given to the fourth "tract" in the fourth of the six "orders" or "series" which make up the "Mishnah". 1 This "order", called "nezikin", "damages" (or, in the "Tosefta"...
Jurisdiction Of The Various Courts. The Duties : * "Tractate Sanhedrin", Herbert Danby tr. [1919], THE DUTIES AND RESTRICTIONS RELATING TO THE KING. M. II. 2. The king can neither judge nor be judged, he may not bear witness nor be witnessed against. He may not perform the "alia" ceremony nor may it be performed in the case of his wife. He may...
Jurisdiction Of The Various Courts. Cases. Part 02 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 23 TRACTATE SANHEDRIN MISHNAH AND TOSEFTA I.--THE JURISDICTION OF THE VARIOUS COURTS CASES WHICH CAN BE TRIED BY THREE JUDGES. M.I. 1. NON-CAPITAL 1 cases are to be tried by a tribunal of three judges:--cases of robbery and personal violence, 2...
Next. The Members Of A Beguiled City : * "Tractate Sanhedrin", Herbert Danby tr. [1919], THOSE PUNISHABLE BY DECAPITATION ("CONTINUED") (2) THE MEMBERS OF A BEGUILED CITY. M.X. 4. The members of a beguiled city, 2--as it is written: THERE SHALL GO FORTH FROM THY MIDST MEN, SONS OF BELIAL, AND THEY SHALL BEGUILE THE INHABITANTS OF THEIR...
Iv. Offenders Liable To Capital Punishment : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 17. THE SORCERER. M. VII. 11. A sorcerer 5 is the one who accomplishes some deed, not merely deceives the eyes. R. p. 107 M.[paragraph continues] Akiba, in the name of R. Jehoshua, said: It is as though two people were picking cucumbers; one w...
Next. Who Strikes His Father Or Mother : * "Tractate Sanhedrin", Herbert Danby tr. [1919], (1) WHO STRIKES HIS FATHER OR MOTHER. He who strikes his father or mother 6 is not guilty till he bruise them. Cursing is more serious p. 137 M.than striking: for he who curses after death is guilty, while he who strikes after death is free...
Iv. Offenders Liable To Capital Punishment. Part 09 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 8. THE IDOLATER. 6. In a case of idolatry it is all one whether a man worship, sacrifice, offer incense, or pour out p. 99 M.libations; or whether he bow himself down, accept it as a god, or say to it "Thou art my God." But he who puts his arm...
Iv. Offenders Liable To Capital Punishment. Part 17 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], THOSE WHO MAY BE KILLED UNTRIED. M.VIII. 7. These may be saved (from sin) at the cost of their lives: 1 he who pursues after his fellow to kill him, or after a male, or after a betrothed damsel. But he who pursues after a beast, or he who defiles...
General : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 147 GENERAL INDEX AARON, 27 "Ab beth din", 75 Abigail, 49 Abner, 48 Achan, 88, 89 Adam, the First, 79 Adultery, 69, 103, 114, 141 "A fortiori" argument, 74, 132 Ahab, 121, 123, 135 Ahaz, 121 Ahitophel, 121 Analogy, argument from, 74 Appeal...
Iv. Offenders Liable To Capital Punishment. Part 13 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], "IRREGULAR JUSTICE". M.IX. 6. If any one steal a sacred vessel, or curse by "Kosem", 2 or marry a heathen woman, 3 zealous people may attack them. If a priest minister in an unclean condition, 4 his brother priests do not bring him to the court...
Iv. Offenders Liable To Capital Punishment. Part 05 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], 13. WHO CURSES HIS PARENTS. 8"b". He who curses his father or mother 2 is not guilty until he curse them by the Name; if he curse them under a pseudonym 3 R. Meir would hold him guilty, but the majority innocent. FOOTNOTES 102:2 Exod. 21. 57; Lev...
Next. Who Steals A Soul From Israel : * "Tractate Sanhedrin", Herbert Danby tr. [1919], (2) WHO STEALS A SOUL FROM ISRAEL. M.He who steals a soul from Israel is not guilty till he bring it into his own domain and make use of it, as it is written: AND TREAT HIM AS A SLAVE AND SELL HIM. 1 If a man steal his own son, R. Johanan, the s...
Iv. Offenders Liable To Capital Punishment. Part 15 : * "Tractate Sanhedrin", Herbert Danby tr. [1919], p. 115 C.--THOSE WHO ARE PUNISHABLE BY DECAPITATION IX. 1"b". These are punishable by decapitation: M: (1) the murderer, 1 and (2) the members of a beguiled city. 2 FOOTNOTES 115:1 Numb. 35. 16 ff. 115:2 Deut. 13. 15.
Jurisdiction Of The Various Courts. Cases : * "Tractate Sanhedrin", Herbert Danby tr. [1919], CASES WHICH MUST BE TRIED BY THE GREATER SANHEDRIN. M.I. 5. A tribe, a false prophet, or a high-priest can only be tried by a court of seventy-one judges; an aggressive war can only be waged by the authority of a court of seventy-one; an additi...