Tuesday 22 August 2017

Sanhedrin 37: Witness Intimidation, Estimation, Obligation

A number of points on today's daf:

  • each Sage has his own place in the front three rows facing the Sanhedrin
  • there is a procedure to replace each Sage so that the front three rows remain full and orderly
  • proofs are provided for these edicts
  • the rabbis consider whether or not Yisraelim should be trusted to understand these proofs/ the halachot
  • Even Yisraelim are said to be filled with mitzvot like the seeds of a pomegranate
A new Mishna teaches about what it means to frighten witnesses in capital cases:
  • Is this intimidation?
  • Judges might say: 
    • Perhaps you are estimating 
    • perhaps you heard from other witnesses
    • In monetary cases, false testimony could lead to payment and atonement 
    • in capital cases, you could be responsible for a wrongful death and for all of his future descendants lost
  • G-d created one person to teach that killing one Yisrael is destroying the entire world; saving one life is saving the entire world
  • This promotes peace
  • this minimizes the idea that we have different amounts of power
  • G-d made all people to be the same but to look different so that we believe that this world was made for us
  • The rabbis discuss whether or not witnesses will involve themselves in such cases
  • The rabbis share examples of G-d's knowledge of our actions when we witness a crime
  • If we witness, we must testify
  • The four death penalties:
    • by stoning: the beit din throw the perpetrator down from a height and drop a boulder on him if he survives.  Others continue to throw stones at him if he still survives, or he could be trampled by a beast
    • by burning, more severe than sword: falls into a fire, or a snake bites and burns him
    • by sword: killed by a guillotine or stabbed by robbers
    • by choking: drowns in a river or dies of 'quincy', a throat disease
  • The Mishna stated that one cannot testify using estimation 
  • The rabbis argue whether this is true for both monetary and capital cases
  • A baraita tells that a dead camel was fount next to a mating or biting camel and the 'estimation'  that the biting camel killed the other is valid
  • Although guessing is invalid for monetary cases, we must tell capital witnesses that guessing is invalid
  • This Mishna noted that blood was on wood and stones and thus it was demei, bloods
  • The rabbis discuss some of the details of murders and the punishment for the murderers
  • The rabbis debate whether or not galut, exile, stands as atonement for any level of crime




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