Sanhedrin 42: Birkat Rosh Chodesh, Leniencies Given to One Accused of a Capital Crime

The rabbis begin today's conversations with answers to a question from the end of yesterday's daf.  Until what point should person continue to bless the new month?  Arguments are presented representing the positions that one can bless the new month:

• until the "flaw" of the moon is filled 
• until the seventh day, when the moon looks like the string of a bow
• until the moon is like a sieve, a full circle

The rabbis offer proofs for these ideas.  Further, they suggest prayers that might be said upon the new moon.

We are reminded that Kings and Princes are not to drink strong wine, which is taken to mean that they should not become drunk.  Why not?  Because the seriousness of their jobs is similar to those of judges, who much be capable of dealing with the secrets of the world, stringent matters.  

If most judges agree but some do not, we are not to add judges to the 71 who have actively judged the person accused.  They do not release him until it is time.  For the same reason, judges do their work in a timely manner.  A judgement should not be said to have become aged.  Even though some might take this to mean that the judgement is well thought out, the people might lose respect for the courts.  From these considerations, we are taught Proverbs (27:2), let others praise you and not your own mouth.

We begin Perek VI with a new Mishna describing when the trail has ended and the person is sent to be stoned.  Taken from the punishment for one who has blasphemed, he is taken just outside the court where those who witnessed him put their hands on his head and then the community stones him.  

The Mishna explains that there are two people present: one with a white cloth and one on a horse.  Should the person with the white cloth learn of any reason to acquit this man, the horse is sent back to inform the court that the stoning should be delayed.  Even if the accused himself states a substantive reason for his own release, four or five times, he is returned to the courtroom each time for further deliberation.

The Sages discuss where 'outside the camp' should be.  A number of arguments suggest that the place of stoning should be far from the court, ensuring that the court be a place of justice and not of death.  Other arguments look to different verses that tell us where one might stone a community member.  The rabbis wish to adhere to the letter of the law, where Moshe's people were to carry out G-d's exact words.   This last point is debated in a number of different places; in the larger picture, the rabbinical tradition was established in contract to other groups who were more interested in that literal understanding of G-d's word.

Clearly the rabbis are not eager to put any member of the community to death, even if he warrants that punishment according to Torah text.  There are ample opportunities for the accused to offer explanation and/or alternative narratives to that of his guilt.  I have read that there is not one record of an execution taking place within the Jewish community. Perhaps I will learn more as we move toward the end of Masechet Sanhedrin.