Soncino English Talmud
Sanhedrin
Daf 40b
Now, we infer [the same requirement for charges punishable by] strangulation a minori from cases punishable by stoning or decapitation. Again, the same is deduced for cases of burning a minori from those of stoning. This [however] is right on the view of the Rabbis that stoning is severer [than burning]. But what is to be said on the view of R. Simeon that burning is the severer? — Rab Judah therefore said: [Scripture states,] Behold if it be truth and the thing certain, [and again] Behold if it be truth and the thing certain: this gives eleven [expressions implying inquiry]. Seven [are employed] to indicate the seven queries: then subtracting the three needed for the gezerah shawah, one still remains, whose purpose according to R. Simeon, is to include the cases of burning, whereas according to the Rabbis, [the necessary explanation is that] Scripture [sometimes] takes the trouble of stating a fact which can be deduced a minori. R. Abbahu ridiculed this [explanation]: Perhaps it [the eleventh expression] indicates an eighth query! But are eight queries [hakiroth] conceivable? Why not? Surely, What part of the hour, may be added [as the eighth question]! And indeed, it has been taught even so: 'They examined him with eight queries.' Now, that is correct according to Abaye on R. Meir's ruling, viz., A man is [to be treated as] not liable to make even the slightest error. And even according to the version which states, A man is liable to make a slight error: it is also right. But according to Abaye on R. Judah's ruling, viz., A man is liable to err to the extent of half an hour, and according to Raba, who said, People are liable to err to even a greater extent, what can you say? — Well then, [the eleventh expression] may be intended to add, 'Which year of the Jubilee' as a query. But that is identical with: 'In what septennate?'! — Rather this is the additional question: 'In what Jubilee? And the other Tanna? — 45 Since he [the witness] tells us in which septennate, it is necessary to ask: 'In which Jubilee?' R. JOSE SAID etc. it has been taught: R. Jose said to the Sages: According to your view, one who comes and testifies, 'He killed him last night,' must be asked: 'In which septennate? In what year? In what month? On what day of the month?' They retorted: And according to your view, one who comes and declares, 'He killed him just now,' is to be asked: 'On what day? At what hour? And where?' But [you too must answer that] even though the questions may be unnecessary, they are put to them [the witnesses], in accordance with the view of R. Simeon b. Eleazar; so here too, even if they are unnecessary, they are put to them [the witnesses], in accordance with R. Simeon b. Eleazar's view. And R. Jose? — 'He killed him last night,' is a frequent testimony; whereas, 'He has killed him just now,' is rare. DID YE KNOW HIM? Our Rabbis taught: [The following questions are asked]: Do ye know him? Did he kill a heathen? Did he kill an Israelite? Did ye warn him? Did he accept your warning? Did he admit his liability to death? Did he commit the murder within the time needed for an utterance? Where he committed idolatry, [the witness is asked:] Which [idol] did he worship? Did he worship Peor? Did he worship Merkolis? How did he worship? By sacrifice, offering incense, libations, or prostration? 'Ulla said: Where is the need of warning intimated in the Torah? — In the verse, And if a man shall take his sister, his father's daughter, or his mother's daughter, and see her nakedness. Does guilt then depend upon [mere] seeing? Hence it must mean [that he is liable to punishment] only if he 'sees' the reasonableness thereof. And since this is inapplicable to Kareth,
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