## Mishnah Sanhedrin Chapter 9

###### Mishnah Sanhedrin 9:1
[Mishnah Sanhedrin 9:1](https://torahapp.org/share/book/Mishnah%20Sanhedrin/r/9:1)

וְאֵלּוּ הֵן הַנִּשְׂרָפִין, הַבָּא עַל אִשָּׁה וּבִתָּהּ, וּבַת כֹּהֵן שֶׁזִּנְּתָה. יֵשׁ בִּכְלָל אִשָּׁה וּבִתָּהּ, בִּתּוֹ, וּבַת בִּתּוֹ, וּבַת בְּנוֹ, וּבַת אִשְׁתּוֹ, וּבַת בִּתָּהּ, וּבַת בְּנָהּ, חֲמוֹתוֹ, וְאֵם חֲמוֹתוֹ, וְאֵם חָמִיו. וְאֵלּוּ הֵן הַנֶּהֱרָגִים, הָרוֹצֵחַ וְאַנְשֵׁי עִיר הַנִּדָּחַת. רוֹצֵחַ שֶׁהִכָּה אֶת רֵעֵהוּ בְאֶבֶן אוֹ בְבַרְזֶל, וְכָבַשׁ עָלָיו לְתוֹךְ הַמַּיִם אוֹ לְתוֹךְ הָאוּר וְאֵינוֹ יָכוֹל לַעֲלוֹת מִשָּׁם, וָמֵת, חַיָּב. דְּחָפוֹ לְתוֹךְ הַמַּיִם אוֹ לְתוֹךְ הָאוּר וְיָכוֹל לַעֲלוֹת מִשָּׁם, וָמֵת, פָּטוּר. שִׁסָּה בוֹ אֶת הַכֶּלֶב, שִׁסָּה בוֹ אֶת הַנָּחָשׁ, פָּטוּר. הִשִּׁיךְ בּוֹ אֶת הַנָּחָשׁ, רַבִּי יְהוּדָה מְחַיֵּב, וַחֲכָמִים פּוֹטְרִין. הַמַּכֶּה אֶת חֲבֵרוֹ בֵּין בְּאֶבֶן בֵּין בְּאֶגְרוֹף וַאֲמָדוּהוּ לְמִיתָה, וְהֵקֵל מִמַּה שֶּׁהָיָה וּלְאַחַר מִכָּאן הִכְבִּיד וָמֵת, חַיָּב. רַבִּי נְחֶמְיָה אוֹמֵר, פָּטוּר, שֶׁרַגְלַיִם לַדָּבָר:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
And these are the ones who are put to death by burning: one who lives with a woman and her daughter [i.e., with a woman whose daughter he has already married — his mother-in-law] and the daughter of a Cohein, who committed adultery. [She is also put to death by burning.] Included in "a woman and her daughter" [(i.e., burning is explicitly indicated for "a woman and her daughter," viz. (Leviticus 20:14): "and if a man takes a woman and her mother … in fire shall they be burned," and all the others are derived from this)] (are) his daughter [from his "ravished one," who is not the daughter of his wife, for whom he is liable by reason of "his wife's daughter"], the daughter of his daughter or the daughter of his son [from his ravished one], his wife's daughter, [whether she be his daughter or his stepdaughter], her daughter's daughter or her son's daughter, and his mother-in-law. [Even though this is taught explicitly above and is not derived from a derashah, since there are taught in this context "the mother of his mother-in-law" and "the mother of his father-in-law," which are derived from a derashah, "his mother-in-law" is taught in passing, along with them.] And these are the ones who are put to death by the sword: a murderer, and the men of an idolatrous city. A murderer: If one struck his neighbor with stone or iron, or pressed him down in water or fire, so that he could not rise [e.g., if he held his head underwater so that he could not raise it], and he died, he is liable. If he pressed him into water or fire, but he could have escaped, he is not liable. If he incited a dog or a snake against him, he is not liable. If he caused a snake to bite him, [i.e., if he held a snake in his hand and placed its teeth against another's body], R. Yehudah rules him liable [He holds that a snake's venom is in its teeth, so that when he places its teeth against one's body, it is as if he kills him, and he is liable], and the sages rule him not liable. [They hold that the snake brings up its venom of itself, so that it is not as if the man killed him directly but only indirectly, and he is not liable. The halachah is in accordance with the sages.] If one struck his neighbor, whether with a stone or with his fist, and they predicted that he would die, [(but if they predicted that he would live, even the rabbis hold that he is not liable)], and his condition improved, [whereupon they predicted that he would live], and then it worsened and he died, he is liable. R. Nechemiah says that he is not liable, for there are indications [that he did not die because of this blow.]


###### Mishnah Sanhedrin 9:2
[Mishnah Sanhedrin 9:2](https://torahapp.org/share/book/Mishnah%20Sanhedrin/r/9:2)

נִתְכַּוֵּן לַהֲרֹג אֶת הַבְּהֵמָה וְהָרַג אֶת הָאָדָם, לַנָּכְרִי וְהָרַג אֶת יִשְׂרָאֵל, לִנְפָלִים, וְהָרַג בֶּן קְיָמָא, פָּטוּר. נִתְכַּוֵּן לְהַכּוֹתוֹ עַל מָתְנָיו וְלֹא הָיָה בָהּ כְּדֵי לְהָמִית עַל מָתְנָיו וְהָלְכָה לָהּ עַל לִבּוֹ וְהָיָה בָהּ כְּדֵי לְהָמִית עַל לִבּוֹ, וָמֵת, פָּטוּר. נִתְכַּוֵּן לְהַכּוֹתוֹ עַל לִבּוֹ וְהָיָה בָהּ כְּדֵי לְהָמִית עַל לִבּוֹ וְהָלְכָה לָהּ עַל מָתְנָיו וְלֹא הָיָה בָהּ כְּדֵי לְהָמִית עַל מָתְנָיו, וָמֵת, פָּטוּר. נִתְכַּוֵּן לְהַכּוֹת אֶת הַגָּדוֹל וְלֹא הָיָה בָהּ כְּדֵי לְהָמִית הַגָּדוֹל וְהָלְכָה לָהּ עַל הַקָּטָן וְהָיָה בָהּ כְּדֵי לְהָמִית אֶת הַקָּטָן, וָמֵת, פָּטוּר. נִתְכַּוֵּן לְהַכּוֹת אֶת הַקָּטָן וְהָיָה בָהּ כְּדֵי לְהָמִית אֶת הַקָּטָן וְהָלְכָה לָהּ עַל הַגָּדוֹל וְלֹא הָיָה בָהּ כְּדֵי לְהָמִית אֶת הַגָּדוֹל, וָמֵת, פָּטוּר. אֲבָל נִתְכַּוֵּן לְהַכּוֹת עַל מָתְנָיו וְהָיָה בָהּ כְּדֵי לְהָמִית עַל מָתְנָיו וְהָלְכָה לָהּ עַל לִבּוֹ, וָמֵת, חַיָּב. נִתְכַּוֵּן לְהַכּוֹת אֶת הַגָּדוֹל וְהָיָה בָהּ כְּדֵי לְהָמִית אֶת הַגָּדוֹל וְהָלְכָה לָהּ עַל הַקָּטָן, וָמֵת, חַיָּב. רַבִּי שִׁמְעוֹן אוֹמֵר, אֲפִלּוּ נִתְכַּוֵּן לַהֲרֹג אֶת זֶה וְהָרַג אֶת זֶה, פָּטוּר:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one's intent were to kill a beast and he killed a man; a gentile and he killed a Jew; a premature child (who would not survive) and he killed one who would have survived, he is not liable. If his intent were to strike him a non lethal blow on his hips, and it went to his heart, where it was lethal, and he died, he is not liable. [For both must be satisfied: that he intend to kill and that the blow be sufficient to kill.] If his intent were to strike him a lethal blow on his heart, where it would be lethal, and it went to his hips, where it was not sufficient to kill, and he died, he is not liable. If his intent were to strike an adult, but the blow would not suffice to do so, and it went to a child, where it would suffice, and he died, he is not liable. If his intent were to strike a child, and the blow would suffice to kill him, and it went to an adult, whom it would not suffice to kill, and he died, he is not liable. But if his intent were to strike one on his hips, where the blow would suffice to kill him, and it went to his heart and he died, he is liable. If his intent were to strike an adult, whom the blow would suffice to kill, and it went to a child, who died, he is liable. R. Shimon says: Even if his intent were to kill one and he killed another, he is not liable. [This does not refer to the latter statement of the first tanna, viz.: "If his intent were to strike an adult, whom the blow would suffice to kill, and it went to a child, who died, he is liable"; for if it did, it should simply have been stated: "R. Shimon says that he is not liable." And why repeat: "Even if his intent were to kill one and he killed another, etc."? The first tanna states this explicitly. Why the "Even"? R. Shimon, rather, refers to the first statement, viz.: "If one's intent were to kill a beast and he killed a man, he is not liable," the implication being that if it were his intent to kill a man and he killed another man, he is liable. It is in this regard that R. Shimon says: "Even if his intent were to kill one and he killed another, he is not liable." The halachah is in accordance with R. Shimon.]


###### Mishnah Sanhedrin 9:3
[Mishnah Sanhedrin 9:3](https://torahapp.org/share/book/Mishnah%20Sanhedrin/r/9:3)

רוֹצֵחַ שֶׁנִּתְעָרֵב בַּאֲחֵרִים, כֻּלָּן פְּטוּרִין. רַבִּי יְהוּדָה אוֹמֵר, כּוֹנְסִין אוֹתָן לְכִפָּה. כָּל חַיָּבֵי מִיתוֹת שֶׁנִּתְעָרְבוּ זֶה בָזֶה, נִדּוֹנִין בַּקַּלָּה. הַנִּסְקָלִין בַּנִּשְׂרָפִין, רַבִּי שִׁמְעוֹן אוֹמֵר, נִדּוֹנִין בִּסְקִילָה, שֶׁהַשְּׂרֵפָה חֲמוּרָה. וַחֲכָמִים אוֹמְרִים, נִדּוֹנִין בִּשְׂרֵפָה, שֶׁהַסְּקִילָה חֲמוּרָה. אָמַר לָהֶן רַבִּי שִׁמְעוֹן, אִלּוּ לֹא הָיְתָה שְׂרֵפָה חֲמוּרָה, לֹא נִתְּנָה לְבַת כֹּהֵן שֶׁזִּנְּתָה. אָמְרוּ לוֹ, אִלּוּ לֹא הָיְתָה סְקִילָה חֲמוּרָה, לֹא נִתְּנָה לַמְגַדֵּף וְלָעוֹבֵד עֲבוֹדָה זָרָה. הַנֶּהֱרָגִין בַּנֶּחֱנָקִין, רַבִּי שִׁמְעוֹן אוֹמֵר, בְּסַיִף. וַחֲכָמִים אוֹמְרִים, בְּחֶנֶק:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If a murderer were mixed in with others, all are not liable. [e.g., If two men were standing and an arrow went out from between them and killed someone, both are not liable. And even if one of them were known for saintliness, so that it is certain that he did not shoot the arrow, still, the other is not made liable on this presumption.] R. Yehudah says: They are incarcerated. [Our Mishnah is defective. It was taught thus: "And if an ox whose judgment (for killing a man) were pronounced became intermixed with other oxen, they are all stoned." For, perforce, it is forbidden to derive benefit from all of them — even if they were a thousand — because of the one intermixed with them. Therefore, they are all stoned, so that the mitzvah of stoning be satisfied with the one liable to it.] R. Yehudah says: They are incarcerated. It is not necessary to stone them, but they are all gathered into a room and they die of hunger. The halachah is not in accordance with R. Yehudah.] All those liable to judicial death penalty who became intermixed with one another are given the lesser penalty. If men sentenced to be stoned became intermixed with others sentenced to be burned, R. Shimon says: They are stoned, for burning is more severe. The sages say: They are burned, for stoning is more severe. R. Shimon said to them: "If burning were not more severe, it would not be administered to a Cohein's daughter who committed adultery." They said to him: If stoning were not more severe, it would not be administered to a blasphemer and an idolator!" If men sentenced to decapitation became intermixed with others sentenced to strangulation, R. Shimon says (they are to be decapitated) with the sword, [strangulation being more severe.] The sages say: They are to be strangled, [decapitation begin more severe].


###### Mishnah Sanhedrin 9:4
[Mishnah Sanhedrin 9:4](https://torahapp.org/share/book/Mishnah%20Sanhedrin/r/9:4)

מִי שֶׁנִּתְחַיֵּב בִּשְׁתֵּי מִיתוֹת בֵּית דִּין, נִדּוֹן בַּחֲמוּרָה. עָבַר עֲבֵרָה שֶׁנִּתְחַיֵּב בָּהּ שְׁתֵּי מִיתוֹת, נִדּוֹן בַּחֲמוּרָה. רַבִּי יוֹסֵי אוֹמֵר, נִדּוֹן בַּזִקָּה הָרִאשׁוֹנָה שֶׁבָּאָה עָלָיו:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one were liable to two judicial death penalties, he is given the more severe. [i.e., If one committed a lesser (capital) transgression, and the verdict were reached on that, and then he committed a more severe (capital) transgression, I might think that since the verdict had been reached for the lesser transgression, he is a "killed man"; we are, therefore apprised otherwise.] If he committed a transgression punishable by two judicial death penalties, [e.g., If he lived with his mother-in-law, another man's wife], he is given the more severe, [i.e., burning, by reason of mother-in-law, and not strangulation by reason of another man's wife.] R. Yossi says: He is judged according to the first relationship [that he must shun, and not according to the latter, even if it is more severe. For R. Yossi holds that one prohibition does not "take" upon another, even one that is more severe upon one that is less severe. So that if he wed the daughter of a widow, who was first his mother-in-law when she was single, and then she married, he is sentenced to burning (if he lives with her). And if she were married and then she became his mother-in-law, he is sentenced to strangulation, the penalty for living with a married woman, which she was first (before she became his mother-in-law). The halachah is not in accordance with R. Yossi.]


###### Mishnah Sanhedrin 9:5
[Mishnah Sanhedrin 9:5](https://torahapp.org/share/book/Mishnah%20Sanhedrin/r/9:5)

מִי שֶׁלָּקָה וְשָׁנָה, בֵּית דִּין מַכְנִיסִים אוֹתוֹ לְכִפָּה וּמַאֲכִילִין אוֹתוֹ שְׂעֹרִין עַד שֶׁכְּרֵסוֹ מִתְבַּקָּעַת. הַהוֹרֵג נֶפֶשׁ שֶׁלֹּא בְעֵדִים, מַכְנִיסִין אוֹתוֹ לְכִפָּה וּמַאֲכִילִין אוֹתוֹ לֶחֶם צַר וּמַיִם לָחַץ:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one were given stripes and repeated, [i.e., if he were given stripes twice for a transgression punishable by kareth (for all who are liable to kareth are given stripes), when he commits the same transgression a third time,] beth-din place him into a cell, [containing the space of a man's stature and not more, and they feed him first scant bread and "water of distress" until his intestines shrink] and (then) they feed him barley, which swells his intestines until his stomach bursts. If one kills someone without witnesses, [i.e., in the absence of testimony that would make him liable to the death penalty — though it is known to beth-din that it is true, that he certainly killed; but the witnesses were refuted in cross-examination or sufficient warning was lacking], they place him in a cell and feed him scant bread and "water of distress" [first, and then they feed him barley until his stomach bursts. This is the same as the first part (of the Mishnah. What is lacking there is revealed here.]


###### Mishnah Sanhedrin 9:6
[Mishnah Sanhedrin 9:6](https://torahapp.org/share/book/Mishnah%20Sanhedrin/r/9:6)

הַגּוֹנֵב אֶת הַקַּסְוָה וְהַמְקַלֵּל בַּקּוֹסֵם וְהַבּוֹעֵל אֲרַמִּית, קַנָּאִין פּוֹגְעִין בּוֹ. כֹּהֵן שֶׁשִּׁמֵּשׁ בְּטֻמְאָה, אֵין אֶחָיו הַכֹּהֲנִים מְבִיאִין אוֹתוֹ לְבֵית דִּין, אֶלָּא פִרְחֵי כְהֻנָּה מוֹצִיאִין אוֹתוֹ חוּץ לָעֲזָרָה וּמַפְצִיעִין אֶת מֹחוֹ בִּגְזִירִין. זָר שֶׁשִּׁמֵּשׁ בַּמִּקְדָּשׁ, רַבִּי עֲקִיבָא אוֹמֵר, בְּחֶנֶק. וַחֲכָמִים אוֹמְרִים, בִּידֵי שָׁמָיִם:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one steals the kisvah [one of the ministering vessels, as in (Numbers 4:7): "kesoth hanasech"], or curses [ the L rd] in the name of idolatry, or cohabits with an Aramite woman [an idolatress], zealots slay him. [Those who are zealous for the honor of the L rd would slay him. This, if the woman is the daughter of idolators, (if it be) in the midst of the act, and in the presence of ten Jews. In the absence of one of these conditions, it is forbidden to kill him. But his punishment is stated by the prophet (Malachi 2:12): "The L rd will cut off from the man that commits this, etc." And he is given stripes four times by ordinance of the scribes: by reason of (cohabiting with) a niddah, by reason of a bondswoman, by reason of an idolatress, and by reason of a harlot.] If a Cohein officiates in a state of uncleanliness, his fellow Cohanim do not bring him to beth-din but the pirchei kehunah (the young priests) [whose beards have begun to sprout (lifroach)] take him outside of the azarah (the Temple court) and split his skull with clubs. If a zar (a non-priest) officiates in the Temple, R. Akiva says: (His death is) by strangulation, [it being written here (Numbers 18:7): "And the stranger who draws near shall be put to death," and elsewhere (Deuteronomy 13:6): "And that prophet or that dreamer of dreams shall be put to death." Just as there, by strangulation, here, too, by strangulation.] And the sages say: (His death is) at the hands of Heaven, [it being written here: "He shall be put to death," and, elsewhere (Numbers 17:28): "Everyone who draws near the tabernacle of the L rd must die." Just as there, at the hands of Heaven, here, too, at the hands of Heaven. The halachah is in accordance with the sages. Death at the hands of Heaven is less severe than kareth. For with kareth, one bears transgression after death if he did not repent adequately, whereas with death at the hands of Heaven, he bears nothing after death. Rashi writes in Shabbath (25a) that with death at the hands of Heaven, his days are shortened, but he does not go childless, whereas with kareth, both obtain: his days are cut off and he goes childless. Those liable to death at the hands of Heaven for (abuse of) the sanctuary and of sanctified objects are eleven: one who eats tevel (untithed produce), an unclean Cohein who eats clean terumah, a non-priest who eats terumah, a non-priest, an unclean (priest), and a tvul yom (one who immersed in the daytime and did not wait until sunset) who officiates, one lacking atonement, one lacking (the full complement of priestly) garments, one who did not lave his hands and feet, one who is drunk, and one with disheveled hair. Death is explicitly mentioned in respect to some, and some are derived by our rabbis (as subject to death) through the tradition by identity (gezeirah shavah) or by comparison (hekesh)].