Sanhedrin

GEMARA. Our Rabbis taught: Had it been written, 'If he has sinned, then thou shalt hang him,' I should have said that he is hanged and then put to death, as the State does.  Therefore Scripture says, And he be put to death, then thou shalt hang him — he is first put to death and afterwards hanged. And how is this done? — It [the verdict] is delayed until just before sunset. Then they pronounce judgment and put him [immediately] to death, after which they hang him; One ties him up and another unties [him],  in order to full the precept of hanging. Our Rabbis taught: [Then thou shalt hang him on] a tree:  this I might understand as meaning either a cut or a growing tree; therefore Scripture states, Thou shalt surely bury him:  [thus, it must be] one that needs only burial,  so excluding that which needs both felling and burial.  R. Jose said; [It must be] one that needs only burial, thus excluding that which requires both detaching and burial.  And the Rabbis?  — Detaching is of no consequence. AS IF TO SAY WHY WAS HE HANGED? — BECAUSE HE CURSED etc. It has been taught: R. Meir said: A parable was stated, To what is this matter comparable? To two twin brothers [who lived] in one city; one was appointed king, and the other took to highway robbery. At the king's command they hanged him. But all who saw him exclaimed, 'The king is hanged!'  whereupon the king issued a command and he was taken down. R. MEIR SAID etc. How is that implied?  — Abaye answered: It is as though one said: It is not light.  Raba objected: If so, he [the Tanna] should have said: My head is heavy upon me, my arm is heavy upon me!  Raba therefore explained it thus: It is as though one said: Everything is light  to me. But this [the word Kilelath] is needed for its own purpose!  — If so, Scripture should have stated 'mekallel:'  why 'kilelath'!  Then perhaps the entire verse was written for that purpose?  — If so, it should have stated, 'killath:'  why 'kilelath'.  Hence both [meanings] are inferred from it. AND NOT ONLY OF THIS ONE etc. R. Johanan said on the authority of R. Simeon b. Yohai: Whence is it inferred that whoever keeps his dead [unburied] over night transgresses thereby a negative conmmand?  — From the verse, Thou shalt surely bury him;  whence we learn that he who keeps his dead [unburied] over night transgresses a prohibitory command. Others state: R. Johanan said on the authority of R. Simeon b. Yohai: Where is burial [as a means of disposing of the dead] alluded to in the Torah? — In the verse, Thou shalt surely bury him: here we find an allusion to burial in the Torah. King Shapor  asked R. Hama: From what passage in the Torah is the law of burial derived? The latter remained silent, and made no answer. Thereupon R. Aba b. Jacob exclaimed: The world has been given over into the hands of fools, for he should have quoted, For thou shalt bury!  — [That is no proof, since] it might merely have meant, that he should he placed in a coffin!  But it is also written, Bury, thou shalt bury him.  — He [King Shapor] would not have understood it thus.  Then he should have proved it from the fact that the righteous were buried!  — [He might object.] That was merely a general custom.  Well then, from the fact that the Holy One, blessed be He, buried Moses!  — But, [he might answer,] that was so as not to depart from the general custom. But come and hear! And all Israel shall make lamentation for him and they shall bury him.  — That [too] might have been done so as not to depart from the general custom. [But again it is written,] They shall not be lamented, neither shall they be buried; they shall be as dung upon the face of the ground?  — The purpose of that, however, might have been to depart from the established custom. The scholars propounded: Is burial [intended to avert disgrace.  or a means of atonement?  What is the practical difference? If a man said, 'I do not wish myself  to be buried.' If you say that it is to prevent disgrace, then it does not depend entirely upon him;  but if it is for atonement, then in effect he has declared, 'I do not desire atonement.'  What [then is its purpose]? Come and hear! 'From the fact that the righteous were buried.' If then you say that it is for atonement — are the righteous in need thereof? Even so, for it is written, For there is not a righteous man upon earth who doeth good and sinneth not. Come and hear! [It is written,] And all Israel shall make lamentations for him, and they shall bury him, for only he of Jeroboam shall come to the grave.  Now should you assert [that burial] is for the attainment of forgiveness, then the others too should have been buried, that there might be atonement for them? — This one [sc. Abijah], who was righteous, deserved to find forgiveness, but the others were not [worthy] to attain it. Come and hear! They shall not be lamented neither shall they be buried.  — [It may be precisely] in order that there might be no atonement for them. The scholars asked: Is the funeral oration in honour of the living or of the dead? What is the practical difference? If the deceased had said, Pronounce no funeral oration over me;  or again in respect of collecting [the cost] from the heirs!  — Come and hear! And Abraham came  to mourn for Sarah and to weep for her.  Now, should you maintain that it is no honour of the living: in that case for Abraham's honour he delayed Sarah's [burial]! — [There] Sarah herself was pleased that Abraham should attain honour through her. Come and hear! And all Israel shall make lamentation for him and they shall bury him:  If you say that it is in honour of the living, were these [Abijah's relatives] worthy of honour?  — It is pleasing to the righteous that people  should be honoured through them. Come and hear! They shall not be lamented neither shall they be buried! — The righteous do not wish to be honoured through evil-doers. Come and hear! They shall die in peace, and with the burnings of thy fathers, the former kings that were before thee, so shall they make a burning for thee, and they shall lament thee, saying Ah! Lord.  Now if you maintain that it is in honour of the living, of what consequence was this to him?  — He spoke this to him: Israel will be honoured through thee, as they were honoured through thy parents.