Monday, 28 August 2017

Sanhedrin 43: Restrictions on Stoning, Atonement, Public vs. Private

Did the community use one stone or stones to punish a convicted transgressor (of a crime punishable by stoning)?  The rabbis again consider whether or not the people of Israel did what the Lord had commanded of them and actually killed a person condemned to death.  They note that in a conviction of death by strangulation, the instruments of death would have to be provided by the community and not by the person convicted.  As well, people are said to have provided the person convicted with a strong drink, like a dilution of water and frankincense, to create confusion in the person convicted.  This would minimize his distress regarding his death.

The rabbis discuss what should be done if a student "becomes mute" regarding an issue; if a court member dies before he has shared his opinion about whether or not a person should be convicted.  Further, they discuss how many times one should be given the benefit of the doubt and brought back to court.  It depends upon whether or not his claim is evaluated as having substance.

A new Mishna teaches that if a condemned man returns to the courthouse and the judge finds reason to acquit, he is released immediately.  If not, he is sent to be stoned immediately.  A crier will call out that this person (name, son of name) is going out to be stoned because he transgressed a sin (which is named).  Then the crier names the witnesses and asks that anyone who knows of a reason to quit should come forward and teach it on his behalf.  

The Gemara adds more detail to the Mishna's description of crier's announcement.  This turns into a conversation about Jesus the Nazarene, who was sometimes thought to be Jesus of Nazareth.  In fact, our notes teach that stories such as this one, which criticize Jesus of Nazarene and his followers for idol worship.  

This becomes a conversation about misunderstandings when words have two meanings, such as the name Mattai and the word matei, when.  Finally, the rabbis describe those who conquer their evil inclination as honouring G-d, using a prooftext from Psalms (50:23).  Honouring G-d with a broken spirit will be accepted by G-d both in this world and in the World-to-Come.

A second new Mishna teaches that when a condemned man is ten cubits from the place where he will be stoned, they tell him to confess.  One who confesses and regret his transgression will still have  a portion in the World-to-Come.  The prooftext for this is found in Joshua (7:19, 7:25).  One may be troubled when confessing but he will not be troubled in the World-to-Come.  

If the person condemned does not know how to confess because of ignorance or confusion, he should say "Let my death be an atonement for all my sins".  If he knows that he did not commit the sin but he was ruined by conspiring witnesses, he should say "Let my death be atonement for all of my sins except for this sin".   Rabbi Yehuda disagreed, saying that every person will make this last statement when in public.    So if the condemned man did not say this on his own, he was not offered this statement as an alternative.

The Gemara examines the sin of Achan, attempting to understand what his transgression was based on the atonement he requested.  The rabbis discuss the notion of communal responsibility.  After the people crossed the Jordan river, we became accountable for each other's behaviour.  Hidden matters were said to be beyond our responsibility.  But those things that have been revealed, particularly when we are commit sins in public as individuals, are ours to name and correct.  

Achan, for example, did not commit a private but a public transgression because his wife and children knew of the crime.  Further, dots appearing over letters or words in the Torah texture a sign of uncertainty regarding the halachic implications of those letters or words.  

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