## Sanhedrin Daf 81a

###### Sanhedrin 81a:1
[Sanhedrin 81a:1](https://torahapp.org/share/book/Sanhedrin/r/81a:1)

לָא תֵּימָא לֵיהּ לַאֲבוּךְ הָכִי, דְּתַנְיָא: הֲרֵי שֶׁהָיָה אָבִיו עוֹבֵר עַל דִּבְרֵי תוֹרָה, לֹא יֹאמַר לוֹ: ״אַבָּא, עָבַרְתָּ עַל דִּבְרֵי תוֹרָה״, אֶלָּא אוֹמֵר לוֹ: ״אַבָּא, כָּךְ כְּתִיב בַּתּוֹרָה״. סוֹף סוֹף הַיְינוּ הָךְ! אֶלָּא אוֹמֵר לוֹ: ״אַבָּא, מִקְרָא כָּתוּב בַּתּוֹרָה כָּךְ הוּא״.

**William Davidson Edition - English:**
**Do not speak to your father** in **that** manner, where you tell him directly that he is mistaken. Rather, raise the matter in a circumspect manner, **as it is taught** in a *baraita*: In a case where **one’s father was violating Torah matters he should not say to him: Father, you violated Torah matters. Rather, he should say to him: Father, it is written so in the Torah.** The Gemara asks: **Ultimately,** isn’t **this** formulation identical to **that** previous formulation? In both cases he embarrasses his father. **Rather, say to him: Father,** there is **a verse written in the Torah** and **this is** what it says. Tell him the *halakha* or the verse in a way in which it is not obvious that it relates to the action that his father performed.


###### Sanhedrin 81a:2
[Sanhedrin 81a:2](https://torahapp.org/share/book/Sanhedrin/r/81a:2)

**מַתְנִי׳** מִי שֶׁנִּתְחַיֵּיב בִּשְׁתֵּי מִיתוֹת בֵּית דִּין – נִידּוֹן בַּחֲמוּרָה. עָבַר עֲבֵירָה שֶׁנִּתְחַיֵּיב שְׁתֵּי מִיתוֹת – נִידּוֹן בַּחֲמוּרָה. רַבִּי יוֹסֵי אוֹמֵר: נִידּוֹן בַּזִּיקָּה הָרִאשׁוֹנָה שֶׁבָּאָה עָלָיו.

**William Davidson Edition - English:**
**MISHNA:** **One who is liable** to be executed **with two** different **court**-imposed **death** penalties, as he violated two different capital transgressions, **is sentenced to the** more **severe** form of execution. If one **violated** one **transgression** for **which he is liable** to receive **two death** penalties, e.g., if one engaged in intercourse with his mother-in-law, who is also a married woman, **he is sentenced to the** more **severe** form of execution. **Rabbi Yosei says: He is sentenced** to the form of execution that he is liable to receive due **to the first relationship that came upon him,** i.e., if she was his mother-in-law before she was married, he is executed by burning; if she was married before she was his mother-in-law, he is punished by strangulation.


###### Sanhedrin 81a:3
[Sanhedrin 81a:3](https://torahapp.org/share/book/Sanhedrin/r/81a:3)

**גְּמָ׳** פְּשִׁיטָא! אֶלָּא, אִיתְּגוֹרֵי אִיתְּגוּר?

**William Davidson Edition - English:**
**GEMARA:** With regard to the ruling in the mishna that one who is liable to be executed with two different court-imposed death penalties is sentenced to the more severe form of execution the Gemara asks: Isn’t this **obvious? Rather,** would you say that **he would profit** from the fact that he violated a second capital transgression and would receive a more lenient punishment?


###### Sanhedrin 81a:4
[Sanhedrin 81a:4](https://torahapp.org/share/book/Sanhedrin/r/81a:4)

אָמַר רָבָא: הָכִי בְּמַאי עָסְקִינַן? כְּגוֹן שֶׁעָבַר עֲבֵירָה קַלָּה, וְנִגְמַר דִּינוֹ עַל עֲבֵירָה קַלָּה, וְחָזַר וְעָבַר עֲבֵירָה חֲמוּרָה. סָלְקָא דַּעְתָּךְ אָמֵינָא: כֵּיוָן דְּנִגְמַר דִּינוֹ לַעֲבֵירָה קַלָּה, הַאי גַּבְרָא קְטִילָא הוּא. קָא מַשְׁמַע לַן.

**William Davidson Edition - English:**
**Rava says: With what are we dealing here?** We are dealing with a case **where he violated** a relatively **minor transgression** punishable by a less severe form of execution, **and his verdict was issued for the minor transgression, and he then violated a major transgression** punishable by a more severe form of execution. It could **enter your mind to say: Once his verdict was finalized for the minor transgression,** the legal status of **this** individual **is** that of **a dead man,** and anything that he does thereafter is insignificant. To counter this, the *tanna* **teaches us** that he is liable to be punished for the subsequent transgression, and if it is punishable by a more severe form of execution, he is executed with that form of execution.


###### Sanhedrin 81a:5
[Sanhedrin 81a:5](https://torahapp.org/share/book/Sanhedrin/r/81a:5)

בְּעָא מִנֵּיהּ אֲבוּהּ דְּרַב יוֹסֵף בַּר חָמָא מֵרַבָּה בַּר נָתָן: מְנַָא הָא מִילְּתָא דַאֲמוּר רַבָּנַן, מִי שֶׁנִּתְחַיֵּיב שְׁתֵּי מִיתוֹת בֵּית דִּין נִידּוֹן בַּחֲמוּרָה? דִּכְתִיב: ״וְהוֹלִיד בֵּן פָּרִיץ שֹׁפֵךְ דָּם [וְגוֹ׳] אֶל הֶהָרִים אָכַל וְאֶת אֵשֶׁת רֵעֵהוּ טִמֵּא וְאֶל הַגִּלּוּלִים נָשָׂא עֵינָיו״.

**William Davidson Edition - English:**
**The father of Rav Yosef bar Ḥama asked of Rabba bar Natan: From where is this matter that the Sages stated** derived: **One who is liable** to be executed with **two** different **court**-imposed **death** penalties **is sentenced to** the more **severe** form of execution? Rabba bar Natan answered: It is derived from a verse, **as it is written: “And he begets a violent son, a shedder of blood,** who does to a brother any of these. And he had not done any of these, for **he has eaten upon the mountains and defiled his neighbor’s wife,** has wronged the poor and needy, has taken by robbery, does not return collateral, **and has lifted his eyes toward the idols,** has committed abomination” (Ezekiel 18:10–12).


###### Sanhedrin 81a:6
[Sanhedrin 81a:6](https://torahapp.org/share/book/Sanhedrin/r/81a:6)

״וְהוֹלִיד בֵּן פָּרִיץ שֹׁפֵךְ דָּם״ – בְּסַיִיף, ״אֶת אֵשֶׁת רֵעֵהוּ טִמֵּא״ – זוֹ אֵשֶׁת אִישׁ בְּחֶנֶק, ״וְאֶל הַגִּלּוּלִים נָשָׂא עֵינָיו״ – זוֹ עֲבוֹדָה זָרָה בִּסְקִילָה. וּכְתִיב: ״מוֹת יוּמָת דָּמָיו בּוֹ יִהְיֶה״ – בִּסְקִילָה.

**William Davidson Edition - English:**
This is interpreted: **“And he begets a violent son, a shedder of blood,”** this is one who is liable to be executed by beheading **with a sword; “defiled his neighbor’s wife,” this is** engaging in intercourse with **a married woman,** for which one is liable to be executed **by strangulation; “lifted his eyes toward the idols,” this is idol worship,** for which one is liable to be executed **by stoning. And it is written** thereafter: **“He shall be put to death, his blood shall be upon himself”** (Ezekiel 18:13), which means that he is executed **by stoning.** It appears that one who violates several capital transgressions is executed with the most severe form of execution for which he is liable.


###### Sanhedrin 81a:7
[Sanhedrin 81a:7](https://torahapp.org/share/book/Sanhedrin/r/81a:7)

מַתְקֵיף לַהּ רַב נַחְמָן בַּר יִצְחָק: אֵימָא כּוּלְּהוּ בִּסְקִילָה. ״וְהוֹלִיד בֵּן פָּרִיץ שֹׁפֵךְ דָּם״ – זֶה בֵּן סוֹרֵר וּמוֹרֶה דְּבִסְקִילָה, ״אֵשֶׁת רֵעֵהוּ טִמֵּא״ – זוֹ נַעֲרָה הַמְאוֹרָסָה דְּבִסְקִילָה, ״וְאֶל הַגִּלּוּלִים נָשָׂא עֵינָיו״ – זוֹ עֲבוֹדָה זָרָה דְּבִסְקִילָה.

**William Davidson Edition - English:**
**Rav Naḥman bar Yitzḥak objects to this: Say that all of** the transgressions listed in the verse are punishable **by stoning.** How? **“And he begets a violent son, a shedder of blood,” this is a wayward and rebellious son, who** is executed **by stoning; “defiled his neighbor’s wife,” this is** engaging in intercourse with **a betrothed young woman,** for **which** one is executed **by stoning; “lifted his eyes toward the idols,” this is idol worship,** for **which** one is executed **by stoning.**


###### Sanhedrin 81a:8
[Sanhedrin 81a:8](https://torahapp.org/share/book/Sanhedrin/r/81a:8)

אִם כֵּן, מַאי קָא מַשְׁמַע לַן יְחֶזְקֵאל? דִּלְמָא תּוֹרָה קָא מַהְדַּר. אִם כֵּן, אִיבְּעִי לֵיהּ לְאַהְדּוֹרַהּ כִּי הֵיכִי דְּאַהְדְּרַהּ מֹשֶׁה רַבֵּינוּ.

**William Davidson Edition - English:**
The Gemara answers: **If so,** according to that understanding of the verse, **what is Ezekiel teaching us?** According to the first understanding, a new *halakha* is derived from here; but according to the interpretation of Rav Naḥman bar Yitzḥak there is nothing novel. The Gemara rejects this contention: **Perhaps** it is the *halakhot* of the **Torah** that Ezekiel **is reiterating,** admonishing the people to fulfill the directives of the Torah. The Gemara answers: **If** it is **so** that this was Ezekiel’s intention, **it** would **have been necessary for him to reiterate** the *halakhot* **in the manner that Moses our teacher reviewed it,** employing the same language. The fact that Ezekiel diverged from Moses’ formulation indicates that he sought to teach a new *halakha*.


###### Sanhedrin 81a:9
[Sanhedrin 81a:9](https://torahapp.org/share/book/Sanhedrin/r/81a:9)

דָּרֵשׁ רַב אַחָא בְּרַבִּי חֲנִינָא: מַאי דִּכְתִיב ״אֶל הֶהָרִים לֹא אָכָל״? שֶׁלֹּא אָכַל בִּזְכוּת אֲבוֹתָיו. ״וְעֵינָיו לֹא נָשָׂא אֶל גִּלּוּלֵי בֵּית יִשְׂרָאֵל״? שֶׁלֹּא הָלַךְ בְּקוֹמָה זְקוּפָה.

**William Davidson Edition - English:**
The Gemara cites a homiletic interpretation that **Rav Aḥa, son of Rabbi Ḥanina, taught: What** is the meaning of that **which is written:** “He did not eat upon the mountains, nor did he lift his eyes toward the idols of the house of Israel, nor did he defile his neighbor’s wife, nor did he approach a menstruating woman” (Ezekiel 18:6)? This cannot be understood literally, as refraining from performing these transgressions is not sufficient to characterize an individual as righteous. **“He did not eat upon the mountains”** is an allusion to the fact that **he did not eat due to the merit of his fathers;** rather, he relies on his own merit and righteousness. **“Nor did he lift his eyes toward the idols of the house of Israel”** is a reference to one who distances himself from anything similar to idol worship, to the extent **that he did not walk with upright stature,** typical of a haughty person, as haughtiness is typical of idolaters.


###### Sanhedrin 81a:10
[Sanhedrin 81a:10](https://torahapp.org/share/book/Sanhedrin/r/81a:10)

״וְאֶת אֵשֶׁת רֵעֵהוּ לֹא טִמֵּא״ – שֶׁלֹּא יָרַד לְאוּמָּנוּת חֲבֵירוֹ, ״וְאֶל אִשָּׁה נִדָּה לֹא יִקְרָב״ – שֶׁלֹּא נֶהֱנָה מִקּוּפָּה שֶׁל צְדָקָה. וּכְתִיב: ״צַדִּיק הוּא חָיֹה יִחְיֶה״. כְּשֶׁהָיָה רַבָּן גַּמְלִיאֵל מַגִּיעַ לְמִקְרָא הַזֶּה, הָיָה בּוֹכֶה. אֲמַר: מַאן דְּעָבֵיד לְכוּלְּהוּ הוּא דְּחָיֵי, בַּחֲדָא מִינַּיְיהוּ – לָא?

**William Davidson Edition - English:**
**“Nor did he defile his neighbor’s wife”** is an allusion to the fact **that he did not infringe upon another’s trade,** thereby compromising his livelihood. **“Nor did he approach a menstruating woman”** is an allusion to the fact **that he did not benefit from** the **charity fund** even if he was needy. **And it is written** with regard to one who refrains from these actions: **“He is a righteous man, he shall live”** (Ezekiel 18:9). The Gemara relates: **When Rabban Gamliel would reach this verse:** “And has kept all My statutes, and has performed them, he shall live” (Ezekiel 18:19), **he would cry and say: It is one who performs all of them, who lives;** one who performs **one of them, no,** he shall not live.


###### Sanhedrin 81a:11
[Sanhedrin 81a:11](https://torahapp.org/share/book/Sanhedrin/r/81a:11)

אֲמַר לֵיהּ רַבִּי עֲקִיבָא, אֶלָּא מֵעַתָּה: ״אַל תִּטַּמְּאוּ בְּכׇל אֵלֶּה״, הָכִי נָמֵי בְּכוּלְּהוּ – אִין, בַּחֲדָא מִינַּיְיהוּ – לָא? אֶלָּא: בְּאַחַת מִכׇּל אֵלֶּה, הָכִי נָמֵי: בְּאַחַת מִכׇּל אֵלֶּה.

**William Davidson Edition - English:**
**Rabbi Akiva said to** Rabban Gamliel in an attempt to console him: **If that is so,** that the term “all” is understood in that manner, with regard to that which is written concerning the forbidden relatives enumerated in the Torah: **“Do not become defiled with all of these”** (Leviticus 18:24), would you also say that there **too,** one who is **in** violation of **all of** the prohibitions, **yes,** he is punished, but one who is **in** violation of **one of them, no,** he is not punished? **Rather,** clearly, “all of these” means **in** violation of **one of all these;** therefore, here **too,** the verse in Ezekiel: “And has kept all My statutes,” means that **in** fulfillment of **one of all these** one merits eternal life.


###### Sanhedrin 81a:12
[Sanhedrin 81a:12](https://torahapp.org/share/book/Sanhedrin/r/81a:12)

עָבַר עֲבֵירָה. תַּנְיָא: כֵּיצַד אָמַר רַבִּי יוֹסֵי? נִידּוֹן בְּזִיקָּה רִאשׁוֹנָה הַבָּאָה עָלָיו. חֲמוֹתוֹ וְנַעֲשֵׂית אֵשֶׁת אִישׁ – נִידּוֹן בַּחֲמוֹתוֹ. אֵשֶׁת אִישׁ וְנַעֲשֵׂית חֲמוֹתוֹ – נִידּוֹן בְּאֵשֶׁת אִישׁ.

**William Davidson Edition - English:**
§ The mishna teaches: If one **violated** one **transgression** for which he is liable to receive two death penalties, he is sentenced to the more severe form of execution. Rabbi Yosei says: He is sentenced to the form of execution that he is liable to receive due to the first relationship that came upon him. **It is taught** in a *baraita*: **How,** i.e., in what circumstances, does **Rabbi Yosei say** that he is **sentenced to the first relationship that came upon him?** If this woman was a widow or a divorcée when she became **his mother-in-law, and** then **she became a married woman** and he engaged in intercourse with her, **he is sentenced** to execution by burning for engaging in intercourse **with his mother-in-law.** If before he married her daughter she was **a married woman, and** then **she became his mother-in-law,** and he engaged in intercourse with her, **he is sentenced** to execution by strangulation for engaging in intercourse **with a married woman.**


###### Sanhedrin 81a:13
[Sanhedrin 81a:13](https://torahapp.org/share/book/Sanhedrin/r/81a:13)

אֲמַר לֵיהּ רַב אַדָּא בַּר אַהֲבָה לְרָבָא: חֲמוֹתוֹ וְנַעֲשֵׂית אֵשֶׁת אִישׁ, נִידּוֹן בַּחֲמוֹתוֹ?

**William Davidson Edition - English:**
**Rav Adda bar Ahava said to Rava:** If this woman was a widow or a divorcée when she became **his mother-in-law, and** then **she became a married woman** and he engaged in intercourse with her, **is he sentenced** to execution by burning for engaging in intercourse **with his mother-in-law?**


###### Sanhedrin 81a:14
[Sanhedrin 81a:14](https://torahapp.org/share/book/Sanhedrin/r/81a:14)

לִידּוֹן נָמֵי אַאִיסּוּר אֵשֶׁת אִישׁ! דְּהָא אָמַר רַבִּי אֲבָהוּ: מוֹדֶה רַבִּי יוֹסֵי בְּאִיסּוּר מוֹסִיף.

**William Davidson Edition - English:**
Why is this the *halakha*? **Let him be sentenced for** violating **the prohibition of a married woman as well, as Rabbi Abbahu says: Rabbi Yosei concedes in** the case of **an expanded prohibition.** Rabbi Yosei holds that generally, a prohibition does not take effect where another prohibition already exists. Nevertheless, when the second transgression is an expanded prohibition, i.e., one that incorporates additional people into the list of those for whom the items or individuals are forbidden, Rabbi Yosei concedes that since the second prohibition applies to others, it takes effect concerning the person included in the first prohibition as well. Here too, the prohibition of intercourse with a married woman is expanded, as it applies to everyone and is therefore more comprehensive than the prohibition of intercourse with his mother-in-law, which applies only to her sons-in-law. Therefore, according to Rabbi Yosei, he should be punished also for violating the prohibition of intercourse with a married woman.