סנהדרין 49:2 — Soncino English Talmud

MISHNAH. FOUR DEATHS HAVE BEEN ENTRUSTED TO BETH DIN: STONING, BURNING, SLAYING [BY THE SWORD] AND STRANGULATION.R. SIMEON ENUMERATED THEM THUS: BURNING, STONING, STRANGULATION AND SLAYING. THAT IS THE MANNER OF STONING. GEMARA. Raba said in the name of R. Sehora in the name of Rab: Whatever the Sages taught by number is in no particular order, excepting the [Mishnah of] the seven substances. For we learnt: Seven substances are applied to the stain, viz., tasteless saliva, the liquid exuded by crushed beans, urine, natron,lye, Cimolian earth and ashleg. Now, the latter clause [of that Mishnah] states: If they were not applied in this order, or if they were all applied simultaneously, the test is inconclusive. R. Papa the Elder said in Rab's name: The same [exception] applies to 'FOUR DEATHS etc'; for, since R. Simeon disputes the order, it is to be inferred that it is exact. But the other? — He does not refer to cases [where the order] is disputed. R. Papa said: The order of Service on the Day of Atonement is also exactly taught, for we learnt: All the rites of the Day of Atonement which are prescribed in a particular order, if one was performed out of its turn, it is invalid. But the other? — That law is merely one of added stringency. R. Huna, the son of R. Joshua said: The order of the Tamid is also exact, for in connection therewith we have learnt: This is the order of the Tamid. But the other? — That [Mishnah] merely teaches that the precept of the Tamid is best carried out in this order. [Now reverting to Raba's statement] this ['whatever etc.'] is intended to exclude the precept of halizah [from the need of a particular order in its procedure], for we have learnt: the precept of halizah is thus carried out: — He [the deceased man's brother] and his sister-in-law come before Beth din, who counsel him in a manner fitting for him, as it is written. Then the elders of his city shall call him, and speak unto him. Then she declares: My husband's brother refuseth etc., whilst he states: I like not to take her.The members of Beth din thereupon announce in Hebrew: Then shall his brother's wife come unto him in the presence of the elders, and remove his shoe from off his foot, and spit in his sight — the spittle was to be visible to the judges — Then shall she answer and say, So shall it be done unto that man etc. … And his name shall be called in Israel etc. Now Rab Judah said: The precept of halizah is carried out thus: [First] she declares [My husband's brother refuseth etc.]; then he declares [I like not to take her]; then she removes his shoe and spits in his presence, and then she again declares [So shall it be done etc.]. But we pondered thereon: What does Rab Judah teach us? Is this not stated in the Mishnah? — Rab Judah teaches us this: The precept is best carried out thus; but if the order was changed, it does not matter. It has been taught likewise: Whether the halizah was performed before the spitting or the reverse, the ceremony is efficacious. Raba's statement above is also intended to exclude that which we learnt: The High Priest officiates [in the Temple] wearing eight garments, but the ordinary priest wears only four, viz., tunic, breeches, mitre and girdle; to which the High Priest adds the breast plate, ephod, robe and head plate. Now it has been taught: Whence do we know that nothing must be donned before the breeches? From the verse: [He shall put on the holy linen tunic,] and the linen breeches shall [already] be upon his flesh. But why does the Tanna give precedence [in this enumeration] to the tunic? — Because it is given precedence in Scripture; and why does Scripture do this? — Because it prefers to state first that which covers the whole body. STONING, BURNING, etc. Stoning is severer than burning, since thus the blasphemer and the idol-worshipper are executed. Wherein lies the particular enormity of these offences? — Because they constitute an attack upon the fundamental belief of Judaism. On the contrary, is not burning more severe, since that is the punishment of a priest's adulterous daughter; and wherein lies the greater enormity of her offence: in that she profanes her father? ^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ

^ᵃnote:The enumeration is in descending order of severity.
^ᵇnote:The Gemara discusses the consequences of this dispute.
^ᶜnote:This refers to the directions given in the Mishnah on 45a.
^ᵈnote:I.e., the saliva of one who had not eaten that day. Nid. 62a.
^ᵉnote:Nether ([G]) is correctly translated 'nitre' in Jer. II, 22, where it signifies carbonate of soda, a cleansing agent. But by a transference of terms 'natron' has been adopted to denote carbonate of soda; whilst 'nitre' now denotes saltpetre, which has no washing properties.
^ᶠnote:A sort of soap.
^ᵍnote:A clay used in cleaning clothes.
^ʰnote:A kind of alkali, or mineral used as soap. These materials were applied to a red stain on a woman s garments, to ascertain whether it is blood or a dye. If the stain disappears, it is blood; otherwise it is a dye.
^ⁱnote:And the suspicion of blood is attached to the stain.
^ʲnote:Raba, why did he not cite our Mishnah as an exception?
^ᵏnote:R. Papa the Elder, why does he not include this latter Mishnah among the exceptions?
^ˡnote:I.e., Scripture, in insisting on a certain order of ceremonial on the Day of Atonement, did not thereby ascribe greater sanctity to any particular rite, but decreed the order merely as a matter of greater stringency. having regard to the solemnity of the Day. But in those cases cited as exceptions, the order is intimately bound up with the effectiveness or importance of the things mentioned. E.g., in our Mishnah the order of deaths is in descending severity; in the Mishnah treating of the test applied to a stain, these materials, if applied in a different order, are actually ineffective.
^ᵐnote:The daily burnt offering.
^ⁿnote:Tamid VII, 3; the preceding Mishnah enumerated its rites: this Mishnah states that they must be performed in the order taught.
^ᵒnote:R. Papa, why does he not cite this too as an exception?
^ᵖnote:Yet if the order was not adhered to, the service is valid.
^ᵠnote:Lit. 'drawing off', sc. 'the shoe'. The ceremony is referred to in the text. By this act the widow is freed from the obligation of Levirate marriage.
^ʳnote:If, e.g., he is an old man, whilst his widowed sister-in-law is a young woman, or vice versa, they advise him to repudiate the marriage.
^ˢnote:Deut. XXV, 8. 'Speak unto him' is interpreted as meaning to advise him.
^ᵗnote:Ibid. 7.
^ᵘnote:Ibid. 8.
^ᵛnote:Lit., 'The Holy Language'. By this is meant the actual Biblical text; v. M. H. Segal, Mishnaic Hebrew Grammar, p. 2.
^ʷnote:Ibid. 9.
^ˣnote:Worn over the tunic.
^ʸnote:Lev. XVI, the inserted 'already' is implied in the use of the verb 'to be', [H].
^ᶻnote:Ibid.
^ᵃᵃnote:Thus we see that the enumeration of the Tanna is not according to the order in which the garments are donned.
^ᵃᵇnote:Lev. XXIV. 14-16.
^ᵃᶜnote:Deut. XVII, 2-5, i.e., a Jew who committed idol worship. In this discussion on the relative severity of the different modes of execution the painfulness of the deaths is not taken into account, but merely the gravity of the offences for which they are imposed.
^ᵃᵈnote:Since both are virtually a denial of the existence of the true God. This is undoubtedly an assertion that the confession of God is the cardinal tenet of Judaism — a dogma, in fact. Notwithstanding the controversies that have arisen on the questions whether Judaism contains any dogmas, there can be no doubt that the rejection of idolatry is a sine qua non of Judaism. V. Schechter, Studies in Judaism: The Dogmas of Judaism. Cf. also Y. D. 268, 2, on the admission of proselytes, of whom is demanded the profession of belief in God and the rejection of idolatry.
^ᵃᵉnote:V. infra 52b. This discussion, though refuted at a later stage, is interesting as shewing the eminently practical character of Judaism. Though adultery does not undermine the essential basis of Judaism, it is nevertheless suggested that it is to be regarded as a greater offence than idolatry, particularly where its results extend beyond the person of the offender.