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Babylonian Talmud: Tractate SanhedrinFolio 36aIf a festival, which is superseded by a private offering,1 is not abrogated for an execution;2 then a private offering, which supersedes the festival, is surely not to be suspended by an execution? Now, on the view that vows and free-will offerings [i.e., private offerings] may not be sacrificed on festival days, it is correct;3 but on the view that vows and free will offerings may be sacrificed on Festivals, what can you say?4 Therefore Raba said: [Abaye's reasoning is unacceptable] not only on the view that vows and free-will offerings can be sacrificed on a festival, — since in that case, [the verse] From mine altar etc. has no applicability at all,5 — but even if it be held that vows and free-will offerings cannot be sacrificed on festivals.6 For, is it not written: From mine altar, [implying,] my altar, viz., that which is peculiarly mine;7 and which altar is that? the Tamid.8 And thereon the Divine Law writes, Thou shalt take him from mine altar that he may die.9IN CIVIL SUITS, AND IN CASES OF CLEANNESS AND UNCLEANNESS etc. Rab said: I was once one of the voters in the school of Rabbi, and it was with me that the voting began.10 But did we not learn, WE COMMENCE WITH THE ELDEST? — Rabbah the son of Raba — others state, R. Hillel the son of R. Wallas — said: The voting in the school of Rabbi was different [from the usual form], because in all their voting they began with the side [benches].11 Rabbah the son of Raba — others state, R. Hillel the son of R. Wallas — also said: From Moses until Rabbi we do not find sacred learning and [secular] greatness combined in the one [person]. But do we not? Was it not so in the case of Joshua? — [No, for] there was Eleazar.12 But what of Phinehas? — There were the Elders.13 But was not Saul such? — No, [with him] was Samuel. But did not Samuel die [before him]? — We are referring to his whole life-time. But did not David [combine these possessions]? — There was Ira the Jairite.14 But he died [before David]! — We are referring to his whole life-time. Was not Solomon [such a man]? — [No, for] there was Shimei son of Gera.15 But he [Solomon] slew him! — We are referring to his whole life-time. Was there not Hezekiah? — [with him] was Shebnah.16 But he was slain [during Hezekiah's life-time]! — We are referring to his entire life-time. But was this not true of Ezra? — No, for [with him] was Nehemia the son of Hachalia. R. Adda b. Ahabah said: I similarly affirm that since the days of Rabbi until R. Ashi we do not find learning, and high office combined in the same person. But do we not: was there not Huna b. Nathan?17 — Huna b. Nathan was certainly subordinate to R. Ashi.18 WHEREAS IN CAPITAL CHARGES, WE COMMENCE WITH [THE OPINION OF] THOSE ON THE SIDE BENCHES. Whence is this derived? R. Aha b. Papa said: Scripture states, Thou shalt not speak19 'al rib [in a case]20 — [i.e.,] thou shalt not speak 'al rab, against the chief [of the judges]. Rabbah b. Bar Hana deduced it in R. Johanan's name from the following verse, And David said unto his men, gird ye on every man his sword; and they girded on every man his sword, and David also girded on his sword.21 Rab said: In capital charges one may instruct his disciple,22 and pronounce judgment with him.23 An objection was raised: 'In cases of cleanness and uncleanness, a father and his son, or a master and his disciple count as two;24 but in monetary cases, capital cases of flagellation, the sanctification of the month and the intercalation of the year, a father and his son, or a master and his disciple count only as one'?25
Sanhedrin 36b— Rab referred to [disciples] such as R. Kahana and R. Assi who needed Rab's traditional teaching,1 but not his reasoning.2R. Abbahu said: In ten respects do civil suits differ from capital charges,3 and none of those is practised in [the trial of] the ox that is stoned,4 save that twenty-three [judges are necessary] — Whence is this derived? — R. Aha b. Papa said: Scripture states, Thou shalt not wrest5 the judgment of thy poor in his cause;6 — the judgment of thy poor thou mayest not wrest,7 but thou mayest do so in the case of the ox that is stoned.8 Ten? But there are only nine! ([You say that there are only nine,] but indeed, ten are taught! — The laws that not all [persons] are eligible,9 and that twenty-three judges are necessary, are but one.)10 — There is yet another [difference]:11 for it has been taught: 'We do not appoint as members of the Sanhedrin, an aged man, a eunuch or one who is childless.12 R. Judah includes also a cruel man. It is the reverse in the case of a Mesith,' for the Divine Law states, Neither shalt thou spare, neither shalt thou conceal him.13 ALL ARE ELIGIBLE TO TRY CIVIL SUITS. What does 'ALL' include? — It includes a bastard. But have we not already learnt this once, viz.: Whoever is competent to try capital charges is also competent to try civil suits. But some are competent to try civil suits, yet not capital charges.14 Now, when we discussed this question: What does that15 include? Did not Rab Judah answer, It includes a bastard? — One includes a proselyte, the other, a bastard. And both are necessary. For had the rule been given concerning a proselyte only, [one might have assumed that the reason is] because he is eligible to come into the Congregation;16 but a bastard,17 we would say, is not [competent]. Again, had this been stated of a bastard only, [we should think that the reason was that] he issues from a proper origin,18 but a proselyte, who does not issue from a proper origin, is not [competent]. Hence the statements are [both] necessary. BUT NOT ALL ARE ELIGIBLE TO TRY CAPITAL CHARGES. Why?19 — As R. Joseph learned: Just as the Beth din must be pure in righteousness, so they must be free20 from every blemish.21 Amemar said: What verse [proves this]? — Thou art all fair, my love, and there is no blemish in thee.22 But perhaps a literal defect [blemish] is meant?23 — R. Aha b. Jacob answered: Scripture states, That they may stand there with thee:24 'with thee' implies, like to thee.25 But perhaps it was so stated there on account of the Shechinah?26 — But, said R. Nahman b. Jacob: Scripture states, And they shall bear with thee:27 'with thee' implies that they must be like to thee. MISHNAH. THE SANHEDRIN SAT IN THE FORM OF A SEMICIRCULAR THRESHING FLOOR,28 SO THAT THEY MIGHT SEE ONE ANOTHER, AND TWO JUDGES CLERKS STOOD BEFORE THEM, ONE TO THE RIGHT, THE OTHER TO THE LEFT, AND WROTE DOWN THE ARGUMENTS OF THOSE WHO WOULD ACQUIT AND THOSE WHO WOULD CONDEMN.29 R. JUDAH SAID: [THERE WERE] THREE: ONE TO RECORD THE ARGUMENTS FOR ACQUITTAL, A SECOND, THOSE FOR CONVICTION, AND A THIRD, TO RECORD THE ARGUMENTS FOR ACQUITTAL AND CONVICTION. - To Next Folio -
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