MISHNAH: If sentence was passed¹, one brings him out to be stoned. The place for stoning was outside the court as it is said: Bring the blasphemer outside the camp². 24:14. A walled city is the equivalent of the desert “camp”; the execution took place outside the city walls (Ketubot 4:6, Note 132). However, the unfaithful preliminarily married virgin was stoned in front of her parents’ house (Deut. 22:21, Tosephta 10:10, Babli 45b) and the idolator at his place of worship (Deut. 17:5; Sifry Deut. 148; Babli Ketubot 45b).. One person was standing outside the court building with towels in his hand³, -i,n.; in the Talmudim used for any rectangular piece of cloth too small to cover the body. Here it is used for signal flags.; a horse⁴ was standing ready at a distance but so he could see him⁵. If one said⁶, I have an argument in his favor, that one waves his towels, the horse gallops and stops him⁷. Even if he himself says, I have an exculpatory argument for myself, one returns him⁸ even four or five times, on condition that his argument be substantial.

footnotes: ¹ If in a capital case the accused was condemned to death. In the list of biblical death penalties (Mishnah 7:1) stoning is mentioned first; therefore, the details of the stoning procedure are explained first. ² Lev ³ Latin sudarium ⁴ Meaning: a man on a horse. ⁵ The horse was stationed on the road to the place of execution as far away as possible so that the rider still could see the person holding the signal flags. ⁶ One of the judges or of the law students remaining in the court building. ⁷ The procession to the place of execution cannot start until the judges reassemble and decide whether the new argument is weighty enough to restart the deliberations towards a new vote. ⁸ To the court building to present his case to the judges.

HALAKHAH: “If sentence was passed,” etc. The Mishnah⁹ either follows Rebbi or the rabbis in a Gentile city¹⁰ (10:4 in the Wilna ed.), missing in Zuckermandel’s edition, Halakhah 10:10.]. As we have stated: Rebbi said¹¹ Deut. 148., at your gates¹² 17:2–7) mentions that idolatry was practiced at your gates (v. 2) and that the idolator should be stoned at your gates (v. 5). The context indicates that the first gate is the place of worship, the second the place of execution. But the talmudic doctrine of unique meaning of lexemes requires that at your gates have the same meaning in both cases. Either the meaning in v. 5 is induced by that of v. 2 (Rebbi) or that in v. 2 by v. 5 (the rabbis). On methodological grounds, Rebbi’s position is preferred in the Babylonian sources (Ketubot 45b and Sifry)., at the gate they were found. You are saying so, or maybe at the gate they were judged? It is said here, at your gates, and it says there, if there be found in your midst, at one of your gates¹³. 17:2.. Since gates mentioned there refers to the gate where he was found, gates mentioned here also refers to the gate where he was found. But the rabbis say, at your gates, at the gate where he was judged. You are saying so, or maybe at the gate were he was found? It is said here, at your gates, and it says there, take this man or this woman … to your gates¹⁴. 17:5.. Since gates mentioned there refers to the gate where he was judged, gates mentioned here also refers to the gate where he was judged.

footnotes: ⁹ The Mishnah has a blanket statement which treats all kinds of stoning in the same way (cf. Note 2). While it is not specified where the stoning takes place, it is clear that it cannot be in front of the court building, where the rabbis require the idolator to be stoned. ¹⁰ The rabbis agree that in a city whose majority population is Gentile and idolatrous, a stoning for idolatry must take place in the Jewish quarter [Tosephta Chapter 10 in the editio princeps ¹¹ A similar text is anonymous in Sifry ¹² The paragraph about punishment for idolatry (Deut. ¹³ Deut ¹⁴ Deut

Rebbi Joḥanan said, the first time one listens to him whether or not his arguments are substantial¹⁵. After that, if his arguments are substantial¹⁶ one listens to him, otherwise one does not listen to him. They said, only if his later arguments are substantial¹⁷. Ḥizqiah asked: If he was led out to be executed when he became paralyzed, do we say that had he not become paralyzed, he would have argued for his acquittal? Rebbi Joḥanan heard this and said, this is a donkey’s question¹⁸. But it must be: If he was led out to be executed and said, I have to argue for my acquittal: when he became paralyzed, do we say that had he not become paralyzed, he would have argued for his acquittal? He said, that is a statement¹⁹., that the execution cannot proceed. The Babli leaves it as an open question..

footnotes: ¹⁵ In the Tosephta (9:4): The first three times. In the Babli (45a) Rav Pappa’s statement parallels that of R. Joḥanan here. ¹⁶ As the Babli points out, this implies that some persons learned in the law are always near the condemned for preliminary evaluation of his arguments. ¹⁷ The statement of the Mishnah that the court is reconvened only if the arguments presented be substantial, refers only to the second and following times, not to the first appeal. ¹⁸ It is stated in Mishnah 2 that the entire world is invited to present exculpatory arguments. Do we say that because somewhere in the world a person may be paralyzed now, one can never execute anybody? (Babli 43a in the name of Babylonian scholars.) ¹⁹ Hizqiah agrees with the reformulation and its consequence, viz

MISHNAH: If they found him innocent²⁰, they free him, otherwise he is led to be stoned. The herald²¹ goes before him: “X ben Y is led to be stoned because he committed crime Z; U and V testified against him²². Anybody who knows of his innocence shall come and argue.”

footnotes: ²⁰ Upon reconsideration. ²¹ Greek κῆρυξ. ²² The call is for witnesses who can prove the original witnesses to be perjured.

HALAKHAH: “If they found him innocent,” etc. ²³ 4:9 Notes 122–125. It was stated: If a bull was led out to be stoned when its witnesses were found to be perjured, Rebbi Joḥanan said, the first to come acquires it; Rebbi Simeon ben Laqish said, it was a false declaration of ownerlessness²⁴. Similarly, if a slave was led out to be stoned when his owner dedicated him to the Temple²⁵, Rebbi Joḥanan said, he acquired himself; Rebbi Simeon ben Laqish said, it was false despair.

footnotes: ²³ Better versions of this paragraph are in 10:8 Note 337, Bava qamma ²⁴ This is Babylonian spelling. The Yerushalmi form is הבקר. ²⁵ One has to read with the parallel sources: When his witnesses were found perjured. At the moment the slave is condemned to death, he loses all value for his owner; valueless objects cannot be dedicated. Therefore the dedication is the equivalent of declaring the slave ownerless.

MISHNAH: Ten cubits’ distance from the place of stoning one tells him: confess! So is the way of any dying person to confess, since anyone who confesses has part in the World to Come. For so we find about Achan towhom Joshua said, my son, honor the Eternal, the God of Israel, confess to Him, and tell me what you did, do not hide it from me. Achan answered Joshua and said, in fact I sinned against the Eternal, the God of Israel, and such and such I did²⁶. 7:19–20.. From where that his confession atoned for him? For it is said, Joshua said to him, how did you devastate us; may the Eternal devastate you on this day²⁷. 7:25.. This day you are devastated; you are not devastated in the Future World. If he does not know how to confess, one tells him, say: “My death shall be atonement for all my sins.” Rebbi Jehudah said, if he knows that he was the victim of perjurers, he says: “My death shall be atonement for all my sins except this one.⁴¹” They told him, if so, everybody would say so to declare themselves innocent⁴².

footnotes: ²⁶ Jos ²⁷ Jos ⁴¹ For which he is being stoned. ⁴² And to declare the witnesses perjured and the judges bribed or incompetent.

HALAKHAH: “Ten cubits’ distance from the place of stoning,” etc. You find that when Achan stole from the ban, Joshua started supplicating before the Holy One, praise to Him, and said: Master of the Universe, inform me who is the man. The Holy One, praise to Him, answered: I never publicize any creature. In addition, would I not be guilty of slander²⁸ Masˋe 5.? But go and let Israel stand up by its tribes and throw lots, then immediately I shall draw him out. That is what is written: Joshua got up early in the morning and summoned Israel by its tribes. Achan ben Karmi ben Zeraḥ from the tribe of Jehudah was caught²⁹. 7:16.. Achan told him, how? Do you catch me by lots³⁰. 7:16–26 cannot be justified either in pentateuchal or in rabbinic law.? There is nobody more pious in the present generation than you or Phineas. Let lots be thrown between you, certainly³¹ one of you will be caught. Not only this, but your teacher Moses died only 30 or 40 days ago. Did not our teacher Moses instruct us: By the testimony of two witnesses³². 19:15.? You started erring. At that moment did Joshua have a vision by the holy spirit how he distributes the Land to Israel by lots. That is what is written: Joshua threw lots for them³³. 18:10.. This means, we are giving lots a bad name. Not only this, but if lots are confirmed now, all of Israel will say, since the lots were true in criminal matters, so much more in money matters. But if they are repudiated now, all of Israel will say, since the lots were repudiated in criminal matters, so much more in money matters. At that moment, Joshua started supplicating Achan, entreated him in the name of Israel’s God, and said to him: my son, honor the Eternal,the God of Israel, … Achan answered Joshua and said, in fact²⁶. 7:19–20.. What means אָמְנָה? Truth³⁴. I sinned against the Eternal, God of Israel. He told him, I asked you for one and you are answering me two³⁵ in v. 7:20.? he answered, I stole from the ban of Midian and the ban of Jericho. Rebbi Tanḥuma said, he stole from four bans: The ban of the Phoenician, king of Arad, the ban of Siḥon and Og, the ban of Midian, the ban of Jericho. From where that his confession atoned for him? It is said³⁶. 16:10. In Jos. 7:19, the son of Zerah and father of Carmi is called Zavdi, not Zimri. This underlies the talmudic doctrine that all of Chronicles is to be explained alegorically., the sons of Zeraḥ: Zimri and Ethan, etc. Rebbi Joshua ben Levi said, Zimri is Achan who behaved like Zimri³⁷, not Zimri. This underlies the talmudic doctrine that all of Chronicles is to be explained alegorically.. Rebbi Samuel bar Naḥman said, Heman³⁸ that is Achan, omna I sinned. Altogether five. Did I not know that they were five³⁹? But it teaches that Achan also has part in the World to Come⁴⁰.

footnotes: ²⁸ Babli 11a, 43b. An expanded version in Tanhuma ²⁹ Jos ³⁰ The entire procedure described in Jos ³¹ Greek πάντως. The outcome of drawing of lots is essentially predetermined by the set from which the lot is drawn. ³² Deut ³³ Jos ²⁶ Jos ³⁴ Deriving אמנה from the root אמן. ³⁵ Referring to the doubling such and such ³⁶ The assassin of king Ela, 1K ³⁷ The assassin of king Ela, 1K. 16:10. In Jos. 7:19, the son of Zerah and father of Carmi is called Zavdi ³⁸ Aramaic הֵימָן is Hebrew נֶאֱמָן, cf. Note 34. ³⁹ Since the verse enumerates five sons of Zerah. ⁴⁰ Since he is counted together with Ethan and Heman, the composers of psalms. Tosephta 9:5.

“If he does not know how to confess,” etc. ⁴³“It happened that one was led out to be executed. They told him, say: ˋMy death shall be atonement for all my sins.’ He said, ˋmy death shall be atonement for all my sins except for this sin; if I committed it, He⁴⁴ should never forgive me, but the court of Israel is innocent.’ When the case came before the Sages, their tears flowed. They said, it is impossible to reopen the case⁴⁵, since it would never end. But this person’s blood hangs on the witnesses’ necks.”

footnotes: ⁴³ Babli 44b, Tosephta 9:5. ⁴⁴ God. ⁴⁵ Since the statement was not accompanied by any argument or proof of perjury. The Babli version is very difficult at this point.

“At a distance of four cubits from the place of stoning,” etc. ⁶⁹ 5b, Hagigah 16b; Tosephta 6:6. The text is badly truncated; following the parallel sources it should read approximately: Jehudah ben Ṭabbai said, may I never see consolation if I did not execute a perjured witness, for the Sadducees were saying, a perjured witness is not executed unless the accused was executed, as it is said, a life for a life. Simeon ben Shetah told him, may I never see consolation if it is not held against you that you spilled innocent blood since no perjured witness is executed unless both of them are shown to be perjured. At that time, he took it upon himself not to teach except what he heard from Simeon ben Sheṭaḥ. This is the first of a series of treatments of the Simeon ben Shetaḥ legend (Mishnah 8) before one returns to a discussion of the Mishnah. If only one of the witnesses is found perjured, neither his testimony nor that of the other witness can be used against the accused since both are testimonies of single witnesses unsupported by a second witness. The case against the accused has to be dismissed; there is no case.“Rebbi Jehudah ben Ṭabbai said, may I never see consolation if I did not execute a perjured witness, for they were saying, until he was executed, as it is said, a life for a life. Simeon ben Shetaḥ told him, may I never see consolation if it is not held against you that you spilled innocent blood. At that time, he took it upon himself not to teach except what he heard from Simeon ben Sheṭaḥ.”

footnotes: ⁶⁹ Babli Makkot

Simeon ben Sheṭaḥ’s hands were hot⁷⁰ 3–1⁵, p. 146).. There came a group of scoffers who said, let us take counsel, testify against his son, and kill him. They testified against him. He was sentenced to be executed. When he was taken to be killed, they told him, our Master, we are liars⁷¹. His father wanted to return him⁷²; he told him, my father, if you want that salvation come through you⁷³ 1:2 Note 30; Ševi`it 10:5 Note 96). By the strict letter of the law, there was no ground for reconsideration., treat me as a target⁷⁴, “goal, target” (E. G.)..

footnotes: ⁷⁰ He was quick in persecuting persons not conforming to pharisaic standards (cf. H. Graetz, Geschichte der Juden ⁷¹ They could confess their perjury with impunity. By Sadducee standards, a false witness in a capital case cannot be punished as long as the victim was not executed. By Pharisaic standards, no self-incrimination is admissible in court. ⁷² To have the conviction overturned, Halakhah 1. ⁷³ By strict pharisaic (rabbinical) rules, witnesses cannot change their story once the phase of testimony was concluded and deliberations started (Bava mesia` ⁷⁴ Greek σκοπός, Latin scopus

“The place of stoning was two man-sizes high,” etc. It happened that a pious man was walking on the road when he saw two people having sex with a bitch. They said, we know that this is a pious man, he will go, testify against us, and our lord David will kill us⁷⁵. Therefore, we shall be quicker than him and testify against him. They testified against him and he was sentenced to be executed. That is what David said⁷⁶. 22:21., Rescue my soul from the sword, From the dog my only one! From the sword, Uriah’s sword. From the dog, the pious man’s dog.

footnotes: ⁷⁵ Which the king by his police powers could do on the information of one witness. ⁷⁶ Ps

Rebbi Jehudah ben Pazi went to the upper floor of the House of Study and saw two men in homosexual activity. They said to him, Rebbi! Realize that you are one and we are two!

MISHNAH: At a distance of four cubits from the place of stoning one removes his clothes. One covers a man in front, a woman one covers front and back, the words of Rebbi Jehudah; but the Sages say, a man is stoned naked⁴⁶, but no woman is stoned naked⁴⁷.

footnotes: ⁴⁶ Except for a loin cloth. ⁴⁷ She may not be touched by men.

HALAKHAH: ⁴⁸. The quotes at the start refer to the Mishnaiot indicated by the Halakhah; the text has been placed after the Mishnah to which it belongs. The text in this Halakhah is essentially a copy from Sotah 1:5, Notes 226–232.“Rebbi Eliezer said,” etc. The argument of Rebbi Jehudah seems inverted. There, he says: “If her hair was beautiful, he did not uncover it.” And here, he says so? Here, anyhow she goes to her death, but there, maybe she will be found to be pure and the young priests would attack her. The argument of the rabbis seems inverted. There⁴⁹., they say: “A man is stoned naked, but no woman is stoned naked.” And here⁵⁰, they say so? Here, you shall love your neighbor as yourself, choose for him a decorous death. But here, all women should be taught.

footnotes: ⁴⁸ For the rest of this Chapter, Mishnaiot and Halakhot do not fit together in the ms. and editio princeps ⁴⁹ This should be “here”, showing that the original is in Sotah ⁵⁰ This should be “there”.

MISHNAH: The place of stoning was two man-sizes high; one of the witnesses pushed him at his hips⁵¹. 19:13 implies that throwing down is part of stoning.. If he fell on his breast, he turns him around on his back. If he died from this, it is sufficient; otherwise he takes the stone⁵² and puts it on his breast. If he died from this, it is sufficient; otherwise the second witness takes the stone and puts it on his breast⁵³. If he died from this, it is sufficient; otherwise the stoning is on all of Israel as it is said: The witnesses’ hand shall be first on him to kill him,the hand of the entire people afterwards⁵⁴. 17:7..

footnotes: ⁵¹ As both Talmudim state, Ex ⁵² According to Tosephta 9:6, a stone which needed two people to be lifted. ⁵³ This sentence is missing in all parallels; it may be a case of dittography. ⁵⁴ Deut

HALAKHAH: “All those stoned are hanged, the words of Rebbi Eliezer,” etc. It was stated⁵⁵: “Adding his own height, these are five.” Here you say, adding his own height, these are five. But for a pit in matters of damages, you say even ten handbreadths⁵⁶ 5:7).. One cannot compare one who falls consciously, and one who falls accidentally. Rebbi Jonathan ben Ḥali, Rebbi Eudaimon the son of Rebbi Tabi’s daughter, in the name of Rebbi Josia: Those who throw down an ox with all their might⁵⁷ do not cause any of its limbs to break⁵⁸ 51b.. In the days of Rebbi Phineas they threw down an ox with all their might. He told them, By yourlives, free it. They freed it, it got up and fled. He said, praised be He Who selected the Sages and their pronouncements, for they say, those who throw down an ox with all their might not cause any of its limbs to break.

footnotes: ⁵⁵ In the Babli, 45a, and Tosephta 9:6, the height of the fall is 3 = 2+1 man-sizes. ⁵⁶ A pit 10 handbreadths deep (1 2/3 cubits) already is life-threatening (Mishnah Bava qamma ⁵⁷ Cattle is slaughtered lying down. To push down an ox for slaughter may need great force; does one have to limit the force for fear of causing injuries to the ox, which would make it unfit as food? ⁵⁸ Babli Hulin

⁵⁹. Ismael Yitro 3 (p. 212); Mekhilta dR. Simeon ben Johai Yitro p. 141. From where that he needs to be stoned? For it is said⁶⁰. 19:13., by stoning he be stoned. From where that he needs to be pushed? For it is said, by pushing he be pushed. ⁶¹, the second pushing is the turning on his back if he lands on his face. From where that he needs two pushings? The verse says, to be pushed.

footnotes: ⁵⁹ Babli 45a; Mekhilta dR ⁶⁰ Ex ⁶¹ In the parallel sources: From where that is is sufficient if he dies from being pushed? In the opinion of Pene Moshe

MISHNAH: Anyone who was stoned is hanged⁶². 21:22 is read as a requirement that the corpse of the criminal be hanged after execution, not as recognizing hanging as a legitimate form of execution., the words of Rebbi Eliezer. But the Sages say, only the blasphemer and the idolator are hanged. A man is hanged face to the people and a woman face to the pole, the words of Rebbi Eliezer. But the Sages say, a man is hanged⁶³. 21:21 refers to a man being executed., a woman is not hanged. Rebbi Eliezer said, it happened that Simeon ben Shetaḥ hanged women in Ascalon. They told him, he hanged eighty women, but one does not try two on the same day⁶⁴.

footnotes: ⁶² Deut ⁶³ Since Deut ⁶⁴ In addition, he used hanging as a form of execution, which is forbidden.

Quel est le motif de R. Eliézer? Comme le blasphémateur, après être lapidé doit être pendu, de même on pendra tous les condamnés à la lapidation. Les autres sages au contraire disent: la Bible prescrit la pendaison pour le blasphémateur seul, parce qu’il touche à la question essentielle du culte (à la croyance en Dieu); aussi cette nouvelle pénalité est seulement applicable aux criminels de cet ordre (soit l’idolâtre outre le blasphémateur) –¹⁷³.

footnotes: ¹⁷³ Tout le reste du est traduit (Hagiga 2, 2).

Some Tannaïm state: Jehudah ben Ṭabbai was president; some Tannaïm state, Simeon ben Sheṭaḥ was president⁷⁷ 2:2 (Babli Hagigah 16b) where early disagreements between the presidents of the Supreme Court and their deputies over an aspect of Temple service are reported. The paragraph shows that this and the following paragraphs are originally from Hagigah (77d l. 33). In the Babli, Joshua ben Perahia everywhere replaces Jehudah ben Tabbai. The Aramaic of the following texts shows that one deals with popular tales..

footnotes: ⁷⁷ This refers to Mishnah Hagigah

⁷⁸; the full text is given in G. But since the introductory sentence makes sense only in Hagigah, it may well be that the short reference here is original since the interest of the Halakhah is in the Simeon ben Sheṭaḥ story, and the Genizah text is an enlargement. Therefore, each text is presented separately. What happened in Alexandria supports him who said, Jehudah ben Ṭabbai was president, since the people from Jerusalem did write: From the great Jerusalem to the small Alexandria: How long still will my husband live in your midst and I am sitting sorrowful in my house?

footnotes: ⁷⁸ This is a short excerpt of the text in Hagigah

What happened in Ascalon supports him who said, Simeon ben Sheṭaḥ was president. Two students were in Ascalon. They ate together, drank together, and studied Torah together. One of them died, and nobody attended his funeral. The son of Mayan⁸⁴ the publican died; the entire city stopped working to attend his funeral. The other student started crying and said woe, do the haters of Israel⁸⁵ have no hope? It was shown to him in his dream and said, do not denigrate your Master’s children. This one did one good deed and died with it, the other one committed one sin and died with it⁸⁶. What sin did he commit? Far be it that he committed a sin, but once he put on his head phylacteries before his arm phylacteries⁸⁷. 13:9,16 require that the sign (*tefillin*, phylacteries) carried by the faithful be on the arm before being put on the head. The repetition emphasizes the importance of this feature.. What good deed did the son of publican Mayan do? Far be it that he committed a good deed, but once he prepared a breakfast for the city council but they did not show up. He said, let the poor come and eat it, so it should not go to waste. Some say, he was walking in the street, having a loaf under his shoulder. It fell down⁸⁸ and a poor person picked it up. He did not say anything in order not to embarrass him. This student saw gardens and water sources. He saw the son of Ma`yan the publican standing on the river bank trying in vain to reach the water. He also saw Miriam, Onion-leaf’s daughter, hanging on her breast nipples; but some say, the door of Hell was fixed in her ear. He asked, [why? They told him, because she fasted and made herself famous among her neighbors. Some say, she fasted one day and was dissolute two days. He asked them] for how long? They told him, when Simeon ben Sheṭaḥ comes, we shall remove it from her ear and put is in his ear. He asked them, what is his misdeed? They told him, because he made a personal vow that if he were elected president, he would kill all sorcerers. But now he was made president and he did not kill them. In fact, there are eighty women in the cave of Ascalon who hurt the world; go and tell him! He told them, he is an important personality, he will not believe me. They told him, he is very meek and will believe you. In case that he will not believe you, take out one of your eyes and put it in your hand. He took out one of his eyes and put it in his hand. They said, return it; it was even with the other. He went and told him. He wanted to perform his miracle before him, but he told him, you do not need to. I know that you are a pious person. Even though I intended so in my thoughts, I never spoke it with my mouth⁹¹. 23:22 declares an unfulfilled vow to fill the vower with sin; the fear of accidental, undeclared vows underlies a number of Jewish rituals.. It was a day of rainstorms. He took eighty select men in clean garments and took with them eighty amphoras⁹². He told them, when I whistle once, put on your garments. When I whistle for the second time, come. When he came to the cave of Ascalon, he said אוים, אוים⁹³, shout of joy at the festivities of Dionysos-Bacchus, possibly intended for emphasis on the idolatrous aspects of sorcery (E. G.). If the witches spoke Phoenician or Hebrew, the expression could be part of a Semitic oath formula from the root ימין like أيمزللَه “by God”., open for me, I am one of yours. When he entered, one said what she said and produced bread. One said what she said and produced a dish. One said what she said and produced wine. They asked him, what can you do? He told them, when I whistle twice, I shall bring here eighty select men in dry garments for your pleasure and entertainment. They told him, we desire them. When he whistled, they put on their garments; when he whistled for the second time, they all entered together. He made them a sign for each one to grab one of them and lift her from the earth⁹⁴. Then they did not succeed in what they were trying to do. He told the one who brought bread, bring bread! She did not succeed. He said, take her to be crucified⁹⁵. Bring a dish! She did not succeed. He said, take her to be crucified. Bring wine! She did not succeed. He said, take her to be crucified. This he did to all of them. That is what we have stated: “Simeon ben Shetaḥ hanged eighty women in Ascalon, but one does not try two on the same day.” But the hour needed it⁹⁶.

footnotes: ⁸⁴ “The source”, a symbolic name to contrast with the punishment of his son by eternal thirst. ⁸⁵ I. e., the Jews. It is common that bad things should be said of your enemies, not of yourself. ⁸⁶ It is a general answer to the question צדיק ורע לו רשע וטוב לו “why do the just suffer and the wicked enjoy their lives?” that the wicked enjoy the rewards for their few good deeds and the just are punished for their few sins in this world, to create a clean slate for reward and punishment in the World to Come. ⁸⁷ Ex ⁸⁸ And he would not have eaten it afterwards. ⁹¹ He never made a vow valid in the eyes of the earthly court; he understood that the Heavenly Court uses other yardsticks for pious people. Since Deut ⁹² I. e., he took 80 fresh garments in 80 amphoras to protect them from the rain. ⁹³ The meaning of these words is unknown. Neither Rapoport’s ἅγιον, ἅγιον (holy, holy) nor Levy’s ὸμοία,ὸμοία (equals, equals), nor Dalmann’s ὠή or Jastrow’s εὔαν (hallo!) make any sense in the context. But compare Greek εὐοῖ, Latin euhoe, euoe, ēvoe ⁹⁴ Their witchcraft was an expression of chthonic powers which were only active while they were in connection with the earth. This in itself is proof of forbidden sorcery. ⁹⁵ Which is not a form of execution sanctioned by the Torah. ⁹⁶ He acted under the king’s police powers, disregarding all judicial rules.

MISHNAH: How does one hang him? One sinks a stake into the ground, wood is sticking out from there. One binds both hands, one on top of the other, and hangs him. Rebbi Yose says, the beam is leaning on the wall⁶⁶; one hangs him in the way butchers do. One hangs him and takes him down immediately; if he were left overnight, one would transgress a prohibition, as it is said⁶⁷. 21:23.: Do not leave his corpse on the wood overnight, but certainly bury him on the same day, for a hanged person is blasphemy. This means, why was he hanged? Because he blasphemed; it turns out that the name of Heaven would be desecrated⁶⁸ Deut. 221). The verse is read following the Roman custom of noting the condemned person’s crime on his cross, restricting hanging to crimes having an element of blasphemy..

footnotes: ⁶⁶ He rejects a form which might resemble a Roman cross. He requires the corpse to he hung from a horizontal beam like an animal carcass. ⁶⁷ Deut ⁶⁸ This is the rabbis’ reason to restrict hanging to the blasphemer and those guilty of related crimes (Mishnah 7, Halakhah 9, Sifry

HALAKHAH: ⁹⁷. 21). The argument in the following text is a shortened and partially elliptic rewriting of Qiddušin 4:1. The commentary for the full text of Qiddušin 4:1 (Notes 46–85) may serve here also. Other parallels are Babli Yebamot 78b–79a, Num. rabba 8(4), Midrash Samuel 28(5). It was stated: Rebbi Eliezer ben Jacob said, this is worse for the desecrator⁹⁸ 87a). than for the blasphemer and worse for the blasphemer than the desecrator. About the blasphemer it is written⁶⁷. 21:23.: Do not leave his corpse on the gallows overnight. But about the desecrator it is written⁹⁹.20:10.: Riṣpa bat Aya took sackcloth and spread it on the rock from the start of harvest until water**was poured on them. This teaches that they were hanging from the sixteenth of Nisan to the seventeenth of Marḥeshwan.

footnotes: ⁹⁷ Here starts the discussion of the duty to see to the immediate burial of a corpse, and the difficulty of reconciling this biblical duty with king David’s conduct in the matter of the Gibeonites and king Saul’s sons (2S ⁹⁸ The person who desecrates the Name of God; he committed the one sin which in Judaism can only be atoned for by death (Babli Yoma ⁶⁷ Deut ⁹⁹ 2S

It is written¹⁰². 9:27.: At that moment Joshua dedicated them as hewers of wood and drawers of water for the congregation. One understands “for the congregation.” But “for the Eternal’s altar”? But Joshua kept them in limbo. He said, I shall [neither]¹⁰³ text. exclude nor include them. But he who sometime in the future will build the Temple, if he wants to include he may include, if he wants to exclude he may exclude. David came and excluded them as it is said¹⁰⁴. 21:1–2.: But the Gibeonites are not part of the Children of Israel. Why did he exclude them? Because there was a famine in David’s time, three years year after year. David said, for three sins the rains are locked away: Foreign worship, incest and adultery, and murder. Foreign worship, as it is written¹⁰⁵. 11:16–17.: Beware, lest you be seduced and next to it, He locks the sky up. Incest and adultery, as it is written¹⁰⁶. 3:2–3. Rain-showers were withheld, there was no late rain, for you had the forehead of a whoring woman. Murder, as it is written¹⁰⁷. 35:33.: Because blood will distort the Land. Some say, also those who publicly promise money for welfare but do not pay, as it is written¹⁰⁸. 25:14.: Clouds and wind but no rain means the man who boasts with lying gifts. David checked on all his ways and did not find any of them. He turned to ask the Urim and Tummim. That is what is written¹⁰⁴. 21:1–2.: David asked before the Eternal. Rebbi Eleazar said, it is written¹⁰⁹. 2:3.: Ask the Eternal, all the meek of the Land, who execute His Law, etc. ¹⁰⁴. 21:1–2.The Eternal said, because of Saul and the House of blood-guilt, for he had killed the Gibeonites. Because of Saul, whom you did not grant the last favor, and because of the House of blood-guilt, for he had killed the Gibeonites. David sent and called them. He asked them, what is between you and the House of Saul? They told him, because he killed seven of our men, two hewers of wood, two drawers of water, a scribe, a religious leader, and a beadle. He asked them, what do you want now? They said to him, May there be given to us seven men … and we shall hang them before the Eternal in Gibeon¹¹⁰. 21:6.. He said to them, what use is it to you that they be killed? Take silver and gold for yourselves! But they answered, there is no silver or gold for us from Saul and his house¹¹¹. 21:6.. He said, maybe they are afraid one of the other; he dealt which each of them separately, trying to mollify him by himself, but nobody accepted it. That is what is written, there is no silver or gold for us, it is written for me. At this moment, David said that the Holy One gave three good gifts to Israel: They are decent, merciful, and charitable. Decent, for it is written¹¹². 20:20.: that His fear be on your faces. Merciful, for it is written¹¹³. 13:18,: He gave you mercy, had mercy on you and increased you. Charitable, for it is written¹¹⁴. 7:12.: The Eternal, your God, kept for you covenant and charity. But these, nothing of this is found in them; he excluded them: But the Gibeonites are not of the Children of Israel¹⁰⁴. 21:1–2.. And Ezra also excluded them, as it is said:¹¹⁵. 3:26, 11:21. And the dedicated ones dwelt in the Ophel; Ziha and Gishpa were of the dedicated ones. Also in the future, the Holy One, praise to Him, will exclude them as it is written¹¹⁶. 48:19.: The city worker will cultivate it, from all tribes of Israel. He will eliminate them from all tribes of Israel.

footnotes: ¹⁰² Jos ¹⁰³ Added from the Qiddušin ¹⁰⁴ 2S ¹⁰⁵ Deut ¹⁰⁶ Jer ¹⁰⁷ Num ¹⁰⁸ Prov ¹⁰⁴ 2S ¹⁰⁹ Zeph ¹⁰⁴ 2S ¹¹⁰ 2S ¹¹¹ 2S ¹¹² Ex ¹¹³ Deut ¹¹⁴ Deut ¹⁰⁴ 2S ¹¹⁵ Neh ¹¹⁶ Ez

¹¹⁷ text.The king said, I shall give¹¹⁰. 21:6.. The king took the two sons of Riṣpah bat Ayah¹¹⁸. 21:8.. Michal, Saul’s daughter, did not have a child¹¹⁹. 6:23., and you say so? Say now that they were sons of Merab but Michal raised them, so they were named after her. The king gave them into the hand of the Gibeonites who hanged them on the mountain before the Eternal¹²⁰. 21:9.. All seven is written defective of one letter. That refers to Mephiboshet, for whom David prayed and whom the altar received. He told them, I let them pass by the altar and anyone whom the altar receives will be his, because of Mephiboshet who was great in Torah. He let him pass by the altar, which received him. Rebbi Avin said, I shall call to the Most High God, to the Power Who has the ultimate decision over me¹²¹. 57:3.. For the Holy One, praise to Him, agreed with David. They were killed on the day of harvest …at the start of the barley harvest¹²⁰. 21:9.. Riṣpah bat Ayah took a garment and laid it out on the rock¹²². 21:10.. What means on the rock? Rebbi Hoshaia said, she was reciting: The rock, perfect is His action¹²³. 32:4.. Rebbi Abba bar Zamina in the name of Rebbi Hoshaia: Sanctification of the Name is greater than desecration of the Name. Referring to sanctification of the Name it is written: Do not leave his corpse overnight⁶⁷. 21:23.. But referring to desecration of the Name it is written that they were left hanging until water was poured on them¹²⁰. 21:9.. This teaches that they were hanging from the sixteenth of Nisan to the seventeenth of Marḥeshwan. The passers-by were saying: How did these people sin that the rules of justice were changed for them? They were answered: Because these had attacked cursed proselytes. Is that not an argument de minore ad majus? Since even for those who did not convert for the sake of Heaven, the Eternal avenged their blood; if one would convert for the sake of Heaven not so much more? Many converts were converted at that time; that is what is written¹²⁴. 2:16–17.: Solomon counted all proselytes … and appointed from them 70’000 carriers, etc.

footnotes: ¹¹⁷ Several passages in this paragraph are truncated; refer to the Qiddušin ¹¹⁰ 2S ¹¹⁸ 2S ¹¹⁹ 2S ¹²⁰ 2S ¹²¹ Ps ¹²⁰ 2S ¹²² 2S ¹²³ Deut ⁶⁷ Deut ¹²⁰ 2S ¹²⁴ 2Chr

MISHNAH: Rebbi Meïr said: When a human suffers, how does the Divine presence¹²⁵ is God’s Presence among men, Ex. 29:46. express Itself? If it could be said¹²⁶, but if it could, one could say …, my head is light, my arm is light¹²⁷. If Scripture says so, I am suffering about the blood of evildoers, so much more if blood of the just is spilled.

footnotes: ¹²⁵ The Šekhinah ¹²⁶ The usual expression to justify an anthropomorphism. We know that human behavior cannot be attributed to the Šekhinah ¹²⁷ This translation is tentative; see the Halakhah.

HALAKHAH: “Rebbi Meïr said,” etc. We have stated קַלֵּינִי. Some Tannaïm state קַל אָנִי. ¹²⁸ He who says קַלֵּינִי uses only an expression of lightness. He who says קַל אָנִי uses a language of load.

footnotes: ¹²⁸ It seems that one should follow R. David Fraenckel and switch the references. This also would follow Talmudic style: readings AB are discussed as BA: “He who says קַל אָנִי (I am light) uses an expression of lightness. He who says קַלֵּינִי (קַל אֵינִי I am not light) uses a language of load.”The Babli, 46b, only discusses the second alternative, or a possibility of deriving the expression from the root קלל “to curse.”

The Mishnah does not follow Rebbi Meïr because he said, also for the blasphemer one violates a prohibition¹²⁹. 21:23: Do not leave his corpse on the gallows overnight (a prohibition), but burying you shall bury him on the same day (a positive commandment). It is agreed that the positive commandment applies to all burials (Mishnah 11). The question is the domain of applicability of the prohibition. In Mishnah 9, the rabbis hold that only people attacking the essence of the faith are hanged. The question remains what their position is about witnesses who falsely accuse somebody of blasphemy. It may be that Sifry Deut. 221, which excludes the perjured witnesses from being hanged, represents R. Meïr’s position, which is not documented elsewhere. Then the sentence should be read: Only for the blasphemer does one violate the prohibition …, since only concerning the blasphemer there is a duty to hang his corpse..

footnotes: ¹²⁹ It is a question of interpretation of Deut

MISHNAH: Not only this, but anybody who leaves his dead¹³⁰ overnight violates a prohibition. If he left him overnight for his honor, to provide him with a coffin and shrouds¹³¹, he does not violate a prohibition in his regard. They did not bury them¹³² in their family graves, but two graves¹³³ 36a Note ל). Maimonides’s autograph Mishnah text has קבורות, read קְבוּרוֹת “burial sites”. This seems to be the best reading. were prepared, one for those stoned or burned, the other for those beheaded or strangled¹³⁴.

footnotes: ¹³⁰ Any deceased whose burial is his personal responsibility. ¹³¹ These are examples rather than an exhaustive list of reasons for a delayed funeral. ¹³² People executed by a court verdict. ¹³³ In all printed Babli editions בתי קברות “cemetaries”. This reading has no parallel in Babli mss. (Diqduqe Soferim ¹³⁴ The sins of those executed by the two cruel methods are incomparably worse than those of persons executed by the two swift methods.

HALAKHAH: “Not only this,” etc. It was stated: ¹³⁵ (Moed qatan*) 1:5 (80d ll. 1–14); it also is found in *Pesahim* 8:7 (36b ll. 22–37). If somebody transports a coffin from one place to the other, the rules of collecting bones do not apply¹³⁶ 1:3: “R. Meïr says, a person may collect his parents’ bones on a semi-holiday because it makes him happy; R. Yose says, it is an occasion of mourning. Halakhah 12 (*Moed qatan 1:5) determines that the day of collecting the bones (transferring them from burial in the ground to an ossuary to be stored in a cave) is a day of mourning (prohibited one a semi-holiday) but the day following is a holiday since the person is assured that his parents were freed from punishment in the world of souls. [Only extremely vicious souls are punished in eternity, cf. Chapter 10. For all other evildoers, the punishment in hell is for 12 months or until the flesh has disappeared from the bones, whichever comes sooner. For this reason, a mourner may not recite the prayer for the dead (customary since the last millennium) for more than 11 months; if he did recite it in the 12th month he would declare his parent an evildoer, in itself a sin.]. Rebbi Aḥa said, this means in a marble¹³⁷ coffin. But in a wooden coffin, the rules of collecting bones do apply. Rebbi Yose said, even for a wooden coffin the rules of collecting bones do not apply. What is “collecting bones”¹³⁸?

footnotes: ¹³⁵ The Halakhah really belongs to the next Mishnah, which refers to collecting bones. The text as it stands here is missing a few lines which in part make it incomprehensible. The origin is in Mašqin ¹³⁶ This refers to Mishnah Mo`ed qaṭan ¹³⁷ In the parallels: stone. ¹³⁸ The missing answer, found in the parallels, is: One transports them in an ἐπικάρσιον (“cloth hanging down”, used for striped cloth) from place to place.

Rebbi Ḥaggai said, only if he heard it the next day. But on the same day notice must be taken of collecting bones¹³⁹. Nikomachos stated before Rebbi Zeˋira: Collecting bones has no [minimal] amount¹⁴⁰. Rebbi Mani instructed Rebbi La from Kufra¹⁴¹ to tear his garment and mourn following Rebbi Aḥa¹⁴², not to pollute himself following Rebbi Yose¹⁴³.

footnotes: ¹³⁹ The text to which this remark belongs again is missing. It starts with the sentence of Note 144.In case of a death, the relatives near the deceased have to see to his burial and start the mourning rites immediately. Those farther away have to start when they are informed. There is a difference in the rules between “recent information” (within 30 days of the death) or “distant information” (after 30 days). The same is true for collecting the bones. Not only the person actually collecting the bones has to observe the rites of mourning, but all his close relatives who in theory also could have collected the bones. But since the day following already is a day of joy (Note 136), only information which reaches the relative on the day itself forces the recipient to observe mourning. ¹⁴⁰ Mourning while collecting the bones is required even for a single bone. In the parallels, this is the answer to the question: Is there a minimal amount required when collecting bones? ¹⁴¹ In the parallels: R. Mana instructed R. Hillel from Kifra. ¹⁴² Transporting a wooden coffin is subject to all rules of mourning. ¹⁴³ A Cohen is not permitted to transport a wooden coffin, even if it is for one of the close relatives for whom he is obligated to pollute himself.

It was stated: Collecting bones, following the information¹⁴⁴. What is collecting bones? One collects every single bone after the flesh has rotted away¹³⁸.

footnotes: ¹⁴⁴ Cf. Note 139. ¹³⁸ The missing answer, found in the parallels, is: One transports them in an ἐπικάρσιον (“cloth hanging down”, used for striped cloth) from place to place.

It was stated: When collecting bones one does not recite lamentations and wailing, nor the benediction of mourners, nor consolation of mourners. The benediction of mourners, what is said in the synagogue. Consolation of mourners, what is said in the row¹⁴⁵ 3:2, Note 121.. It was stated: But one spoke words on the occasion. What are words? The rabbis of Caesarea said, eulogies¹⁴⁶.

footnotes: ¹⁴⁵ After burial, the participants in the funeral form two rows; the mourners walk in between while the participants recite formulas of consolation; cf. Berakhot ¹⁴⁶ Praises of the deceased. According to H. L. Fleischer, this word קילוס, which also exists in Syriac, and a related verb in Arabic are derived from Greek καλῶς! “beautiful, excellent.”

MISHNAH: If the flesh has rotted away, one collects the bones and buries them at their place¹⁴⁶. The relatives come¹⁴⁷ and greet the witnesses and judges, implying that “we hold no grudge against you because you delivered a true judgment.” They did not mourn but were in deep sorrow¹⁴⁸. 26:14). Mourning rites only start after burial., since deep sorrow is only in the mind.

footnotes: ¹⁴⁶ Praises of the deceased. According to H. L. Fleischer, this word קילוס, which also exists in Syriac, and a related verb in Arabic are derived from Greek καλῶς! “beautiful, excellent.” ¹⁴⁷ Immediately after the execution. ¹⁴⁸ The day of execution itself, when the deep mourner is barred from all religious acts (Deut

HALAKHAH: “If the flesh has rotted away,” etc. ¹⁴⁹ (Mo`ed qatan) 1:5 (80c l. 74). The subject is a common person, not a criminal. It was stated: In earlier times, they were collecting the bones after burying them in ditches¹⁵⁰ and Ps. 140:11.. When the flesh had rotted away, they collected them and buried them in cedar wood. On the day itself he was mourning, the day after he was happy¹⁵¹ 8a, the quote appears in a different context., implying that his parents were at rest¹⁵² from judgment.

footnotes: ¹⁴⁹ The parallel is in Mašqin ¹⁵⁰ The translation is tentative; the word appears only in this baraita ¹⁵¹ Cf. Note 136. In the Babli, Mo`ed qatan ¹⁵² Reading נינוחו with the parallel text.

¹⁵³ Not only this, but they were buried separately, those stoned with the burned, those beheaded with the strangled. This as what David said¹⁵⁴. 26:9., Do not**collect my soul with sinners, those stoned or burned; nor my life with men of blood guilt, those beheaded or strangled.

footnotes: ¹⁵³ This refers to the end of Mishnah 11. ¹⁵⁴ Ps

An accident happened to Rebbi Abbahu; he lost a baby. Rebbi Jonah and Rebbi Yose ascended¹⁵⁵ to visit him. Out of respect for him,¹⁵⁶ they did not speak to him words of Torah. He told them, would the rabbis think saying a word of Torah? They answered, think of it, our teacher. He said to them: If about a terrestrial authority, where one finds lies, and untruth, and misleading statements, and favoritism, and bribery, and they are here one day and gone the next, it was said: “the relatives come and greet the judges and witnesses, implying that we hold no grudge against you because you delivered a true judgment,” the Heavenly authority, before which there are no lies, no untruth, no misleading statements, no favoritism, and no bribery, and He exists forever in all worlds, so much more are we obligated to accept His judgment. And it is said¹¹³. 13:18,, May He give you mercy, have mercy on you, and make you increase as He has sworn to your ancestors.

footnotes: ¹⁵⁵ They came from Tiberias below sea level to Caesarea Philippi in the foothills of the Golan Heights to offer their condolences. ¹⁵⁶ The great man of the generation of their teachers. ¹¹³ Deut