Pisqa’ 205³⁴⁵

1. “Should you find a murder-victim” (Dt. 21:1)— but not at a time when abandoned victims are plentiful. On this basis they taught: When murderers became common, they abolished the rite of the Beheaded Calf.³⁴⁶ This was when Elazar b. Dinai showed up, followed by Tekhinah b. Perishah. Known also as “the Boy Wonder,” **he became notorious as “the Son of the Murderer.”**³⁴⁷ XX 6.

footnotes: ³⁴⁵ H:220-221; JN2:98-100. ³⁴⁶ =M. Sotah 9:9; T. Sotah 14:1. ³⁴⁷ =M. Sotah 9:9. For details about the traditions of these obscure figures, see Albeck, 3:392-393, and Josephus, Antiquities

“A murder victim” (Dt. 21:1)—stabbed, but not strangled “A murder victim” (Dt. 21:1)—but not still writhing.

“On the ground” (Dt. 21:1)—but not buried under debris.

“Fallen” (Dt. 21:1)—but not hanging from a tree.

**“In a field” (Dt. 21:1)—but not floating in the water.**³⁴⁸

footnotes: ³⁴⁸ =M. Sotah 9:2.

“Which HASHEM your God is giving you” (Dt. 21:1)— **including murder victims found in the Trans-jordan.**³⁴⁹

footnotes: ³⁴⁹ //T. Sotah 9:1.

2. R. Elazar says: They used to behead the calf for any abandoned murder victim.

Now, if he was only strangled and then abandoned in a field, would they conduct the rite? No, they would behead the calf **only for stabbing victims.**³⁵⁰

footnotes: ³⁵⁰ Cf. T. Sotah 9:1.

“And no one knows who stabbed him” (Dt. 21:1). Thus—if it is known who stabbed him, and even of one [of the elders] had only seen him, they would not conduct the rite.

How do I know that if the court witnessed the murder, but could not identify the assailant, they would not conduct the rite?

“Our hands have not spilled this blood! **Neither have our eyes seen it!” (Dt. 21:7).**³⁵¹

footnotes: ³⁵¹ CF. T.Sotah 9:2.

3. “Then, your elders shall go out” (Dt. 21:2)— the plural, elders, implies two. “And your justices” (Dt. 21:2)— here are two more. Now, a court cannot yield a split decision, so they add one more justice,

**words of R. Judah.**³⁵² R. Shimon says: “Your elders and your justices” (Dt. 21:2)— one of each, yielding two. Now, a court cannot yield a split decision, so they add one more justice, **And now there are three!**³⁵³

footnotes: ³⁵² //M. Sotah 9:1. ³⁵³ Cf. M. Sotah 9:1.

4. “And they measured to the cities” (Dt. 21:2)— measuring from the victim to the cities, but not from the cities to the victim. On this basis they taught: If his head was found lying in one place, and his body was found lying in another place,

words of R. Eliezer.

They bring the body to the head! ³⁵⁴ If the victim is found close to the border [of a gentile population], or near a city where there are gentiles, or near a city in which there is no [Israelite] court, they would not measure to these cities. They measure only to one **In which there is an [Israelite] court.**³⁵⁵

footnotes: ³⁵⁴ = M. Sotah 9:3. ³⁵⁵ Cf. T. Sotah 9:1.