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חולין 11:2
Soncino English Talmud · Berean Standard Bible
that one of them is trefah? Is it not because we follow the majority! And should you say, What does it matter [even it if is trefah]? Surely it has been taught: The lot cannot determine [the goat] for Azazel unless it is fit to be for the Lord! And should you say: It can be examined? Surely we have learnt: Before it reached half way down the mountain it was already broken into pieces! R. Mari said: It is derived from the case of one that smiteth his father, or his mother, for which offence the Divine law prescribes death. Now why do we not fear that the person struck may not have ben his father? Is it not because we follow the majority, and a woman cohabits with her husband more often [than with a stranger]? But perhaps [the law applies] only to the case where the father and mother were locked up in prison! — Even so there is no guardian against unchastity. R. Kahana said: It is derived from the case of a murderer, for whom the Divine law prescribes death. Now why do we not fear that the victim may have been trefah? Is it not because we follow the majority! And should you say: We can examine the body? [This is not allowed because] it would thereby be mutilated! And should you say: Since a man's life is at stake, we should mutilate the body? Surely there is always the possibility that there was a hole [in the victim] in the place [where he was stuck] by the sword. Rabina said: It is derived from the law concerning witnesses who are found to be zomemim, in connection with whom the Divine Law says. Then shall ye do unto him, as he had purposed [to do unto his brother]. Now why do we not fear that the person against whom they gave false evidence [that he committed a capital offence] is trefah? Is it not because we follow the majority! And should you say. We can examine him now? Sure]y it has been taught: Beribbi said: If the person [against whom their evidence was directed] has not been executed they are put to death; if he has been executed they are not put to death! R. Ashi said: It is derived from the law of Shechitah itself; for the Divine Law says [in effect]. Slaughter and eat. Now why do we not fear that there is a hole [in the gullet] in the place where It was cut through? Is it not because we follow the majority! R. Ashi added: I put forward this argument to R. Kahana — others say: R. Kahana put forward this argument to R. Shimi — and he replied: perhaps the law is that where it is possible to ascertain the facts we must do so; it is only where it is impossible to ascertain the facts that we follow the majority. For if you do not accept this [argument], then the question will be asked: Did R. Meir, who is of the opinion that the minority must be taken into consideration, always abstain from eating meat? And if you reply that this indeed was the case, then it will be asked:
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