Sanhedrin 57: Punishments for Jews and Non-Jews, Abortion

Today's daf contains potentially controversial and provocative material.  This blog entry shares only the most basic outline.  

The rabbis first walk through the possible prooftext for the origins of the Noahide laws. 

Gentiles are killed for participating in forbidden sexual relationships, for murder, and for blasphemy.  The rabbis argue about whether these three crimes are always punishable by death.  They also argue about whether these are the only three crimes punishable by death.  A large part of this conversation focuses on different acts of theft and how those acts might be punished if not with capital punishment.   

We learn that Gentiles can be sentenced to death by one judge, with only one witness, without an official warning about the punishment to come.  The judge or witness cannot be a woman, but he can be a relative.  This discussion includes distinguishing between the punishment for a Jew and a Gentile who abort a fetus. For a Gentile, that act is considered to be an act of murder and one who does this is liable to be punished with the death penalty.  For a Jew, a prooftext is offered which suggests that a Jewish life is not ended until after it has been born and seen to be liable.  Jews were not permitted to abort, but they were not punished with the death penalty.   The rabbis wonder whether or not a woman could ever be killed for her transgression, even this one.  There is much, much more to be said about this very small part of today's daf, but I must move forward.

A baraita teaches that Gentiles learn about their commandment to avoid forbidden sexual relationships.  The rabbis question whether his punishment should be the same as that of a Jew who transgresses these laws.  If a Gentile has intercourse with a married Jewish woman, he should be tried in a Jewish court.  If the woman is also a Gentile, a Jewish court is not required. The rabbis seem to settle on the punishment of choking, in all cases, for a Gentile who transgresses the Noahide laws.  There is a proof text which refers to one's blood staying in his body, which would only be achieved through that particular form of execution.