Soncino English Talmud
Sanhedrin
Daf 80b
IF A NUMBER OF CONDEMNED PERSONS DIFFERING IN THEIR DEATH SENTENCES ETC. … [THEY ARE EXECUTED BY THE MOST LENIENT DEATH]. This proves that a warning of a greater penalty is ipso facto a warning for a smaller one too! — R. Jeremiah said: [This is no proof, for] the Mishnah treats of a case where he was warned in general terms, and it agrees with the following Tanna. For it has been taught: But others liable to any death penalty decreed in the Torah are executed only on the testimony of [at least two] witnesses, by a 'congregation' [i.e., a full Beth din of twenty three], and after a warning, which warning must have stated that he 'was liable to death at the hands of Beth din. R. Judah said: They [the witnesses] must have informed him by which death he would be executed. The first Tanna deduces his ruling from 'the gatherer [of sticks', who had not been warned how he would be executed, but was nevertheless stoned]. Whereas R. Judah maintains that 'the gatherer' [was executed] on an ad hoc decision. IF CRIMINALS CONDEMNED TO STONING [BECAME MIXED UP] WITH OTHERS CONDEMNED TO BURNING. R. Ezekiel taught his son Ram: If criminals condemned to burning [became mixed up] with others condemned to stoning — R. Simeon said, they are stoned, because burning is severer. Thereupon Rab Judah said to him, 'Father, teach it not thus: Why state the reason because burning is severer? This follows from the fact that the majority are for stoning.' How then should I teach it'? The son replied, 'Thus: IF CRIMINALS CONDEMNED TO STONING [BECAME MIXED UP] WITH OTHERS CONDEMNED TO BURNING, — R. SIMEON SAID, THEY ARE STONED, BECAUSE BURNING IS SEVERER.' If so, consider the second clause, BUT THE SAGES SAY, THEY ARE BURNED, BECAUSE STONING IS MORE SEVERE. But does it not follow from the fact that the majority are to be burnt? — There the Rabbis oppose R. Simeon: You say, burning is severer; but that is not so, for stoning is severer. Samuel said to Rab Judah: You keen scholar,
Sefaria
Mesoret HaShas