Soncino English Talmud
Sanhedrin
Daf 43a
But this Tanna states, 'Here it is written [etc.],' — He meant, If it were not written, i.e., even if this verse were not found, I could have adduced a gezerah shawah; seeing, however, that this verse is written, a gezerah shawah is not necessary. R. Ashi said; Where did Moses reside? In the camp of the Levites And God said to him: Bring forth him that hath cursed, — i.e., without the camp of the Levites; without the camp, — i.e., outside the camp of the Israelites. And they brought forth him that had cursed, — this stands for the actual fulfilment [of the command]. But the fulfilment is expressly stated: And the children of Israel did as the Eternal had commanded Moses! — That is necessary to indicate that hands were laid [on the culprit]and that he was hurled down. Whereupon the Rabbis asked R. Ashi: How, according to you, do you interpret all the expressions; 'briny forth', in connection with the bullocks that are [wholly] burned? This is a difficulty. A MAN WAS STATIONED. R. Huna said: It is obvious to me that the stone with which one is stoned, the gallows on which one is hanged, the sword with which one is decapitated, and the cloth with which one is strangled, are all provided by the Community. And why so? Because we could not tell a man to go and fetch his own property to kill himself. But, asked R. Huna, who provides the flag for signalling and the horse on which one rides to stop them? Seeing that they are for his protection, must they be provided by him, or rather, since the court is bound to endeavour to save him, by them? Again, what of R. Hiyya b. Ashi's dictum in R. Hisda's name; When one is led out to execution, he is given a goblet of wine containing a grain of frankincense, in order to benumb his senses, for it is written, Give strong drink unto him that is ready to perish, and wine unto the bitter in soul. And it has also been taught; The noble women in Jerusalem used to donate and bring it. If these did not donate it, who provided it? As for that, it is certainly logical that it should be provided out of the public [funds]: Since it is written. 'Give', [the implication is] of what is theirs. R. Aha son of R. Huna inquired of R. Shesheth: What if one of the disciples said, 'I have a statement to make in his favour,' and there and then becomes speechless? R. Shesheth blew into his hand, and said; [You ask, what] if one becomes speechless! Why there may also be some one in the farthest part of the earth [who could make such a statement]! — In the latter case, however, no one has actually said so, but in the former case, such a declaration has been made! [Hence the problem,] What then? — Come and hear! For R. Jose b. Hanina said: If one of the disciples who argued for acquittal died, he is regarded as though alive and in his place. Thus, it is so only if he had actually spoken in favour of acquittal, but not otherwise. [That does not solve it:] where one has actually argued for acquittal, I have no doubts; but the problem arises if he only declared [that he could do so]. AND EVEN IF HE HIMSELF etc. Even the first and second time? But it has been taught: 'The first and second time, whether his statement has substance or not, he is brought back; thereafter, if there is substance in his statement, he is brought back, but not otherwise'? — Said R. Papa: Interpret it, from the second time onwards. MISHNAH. IF THEN THEY FIND HIM INNOCENT, THEY DISCHARGE HIM; BUT IF NOT, HE GOES FORTH TO BE STONED, AND A HERALD PRECEDES HIM [CRYING]: SO AND SO, THE SON OF SO AND SO, IS GOING FORTH TO BE STONED BECAUSE HE COMMITTED SUCH AND SUCH AN OFFENCE, AND SO AND SO ARE HIS WITNESSES. WHOEVER KNOWS ANYTHING IN HIS FAVOUR, LET HIM COME AND STATE IT. GEMARA. Abaye said; It must also be announced: On such and such a day, at such and such and hour, and in such and such a place [the crime was committed], in case there are some who know [to the contrary], so that they can come forward and prove the witnesses Zomemim. AND A HERALD PRECEDES HIM etc. This implies, only immediately before [the execution], but not previous thereto. [In contradiction to this] it was taught: On the eve of the Passover Yeshu34 was hanged. For forty days before the execution took place, a herald went forth and cried, 'He is going forth to be stoned because he has practised sorcery and enticed Israel to apostacy. Any one who can say anything in his favour, let him come forward and plead on his behalf.' But since nothing was brought forward in his favour he was hanged on the eve of the Passover!35 — Ulla retorted: 'Do you suppose that he was one for whom a defence Our Rabbis taught: Yeshu had five disciples, Matthai, Nakai, Nezer, Buni and Todah. When Matthai was brought [before the court] he said to them [the judges], Shall Matthai be executed? Is it not written, Matthai [when] shall I come and appear before God? Thereupon they retorted; Yes, Matthai shall be executed, since it is written, When Matthai [when] shall [he] die and his name perish.When Nakai was brought in he said to them; Shall Nakai be executed? It is not written, Naki [the innocent] and the righteous slay thou not? Yes, was the answer, Nakai shall be executed, since it is written, in secret places does Naki [the innocent] slay.When Nezer was brought in, he said; Shall Nezer be executed? Is it not written, And Nezer [a twig] shall grow forth out of his roots. Yes, they said, Nezer shall be executed, since it is written, But thou art cast forth away from thy grave like Nezer [an abhorred offshoot].When Buni was brought in, he said: Shall Buni be executed? Is it not written, Beni [my son], my first born? Yes, they said, Buni shall be executed, since it is written, Behold I will slay Bine-ka [thy son] thy first born.And when Todah was brought in, he said to them; Shall Todah be executed? Is it not written, A psalm for Todah [thanksgiving]? Yes, they answered, Todah shall be executed, since it is written, Whoso offereth the sacrifice of Todah [thanksgiving] honoured me.
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