The Babylonian Talmud

Michael L. Rodkinson

• Publisher: Left Of Brain Onboarding Pty Ltd
• Year: 2021
• ISBN:
  9781396320910
• Edition: 1
• Topic: Theology & Religion
• Subtopic: Jewish Theology

This is the most vital manuscript of conventional Judaism, and the basic tool for learning the ethics behind its customs and regulations. The original text of the Babylonian Talmud.

This English translation includes:

• Standards of appointing judges to the supreme court (Sanhedrin), regulations of civil and criminal cases, when is someone acquitted or accused.

• Regulations regarding the high priest, when he can judge or be judged. And regulations regarding the ruler, how many wives he can have, how much property he can own, etc.

• Penalties due for criminal cases, including the four kinds of death penalty prescribed and how they ought to be executed. Enumeration of those who come under the category of stoning, burning, slaying, or choking. Who is considered a murderer deserving capital punishment and who is to be exiled.

• Many more interpretations from the Torah, as this is considered to be the supplementing commentary to the five books of Moses.

Folk sayings from The Talmud:

"Either a friend or death."

"He who has been bitten by a snake is scared of a rope."

"Poverty follows the poor."

CHAPTER I.

Rules and regulations concerning the appointment of judges in civil and criminal cases. Which are considered civil and which criminal. How many are needed to the intercalation of a year and of months; to appraise consecrated real estate as well as movable properties; and if among the appraisers must be priests, and if so how many. The number of persons needed to add to the city from the suburbs of Jerusalem. What majority is needed to accuse and what to acquit. How many people must be in a city that a court of twenty-three judges should be established.

MISHNA I.: To decide upon the following cases, three persons are needed (the Gemara explains for which common and for which judges): Civil cases, robbery, wounds, whole damages and half, double amount and four and five fold payments;¹ and the same in the case of forcing, seducing, and libel (i.e., an evil name, Deut. xxii. 19). So is the decree of R. Meir.

The sages, however, maintain: In the last case (libel) twenty-three are needed, as this is not a civil case, but a crime which may bring capital punishment. In the case of stripes, three. In the name of R. Ishmael, however, it was said: Twenty-three are needed. To the intercalation of a month and to proclaim a leap year, three. So is the decree of R. Meir.

Rabban Simeon b. Gamaliel maintains: It begins with three persons and is discussed by five, and the decision is rendered by seven. If, however, it was decided by three, their decision holds good.

The elders who had to lay their hands upon sacrifices [Lev. iv. 15], and also in the case of the heifer [Deut. xxi. 3]—according to R. Simeon, three are needed, and according to R. Jehudah, five. At the performance of the ceremony of Halitzah and denial, three; to appraise the value of the plants of the fourth year (which must be redeemed), and the second tithe, of which the value in money is to be appraised, three; to appraise the value of consecrated articles, three; in cases of Arakhin (vows of value, men or articles), if movable property, three—according to R. Jehudah, one of them must be a priest; and if real estate, ten, and one of them a priest; and likewise to appraise the estimated value of men [Lev. xxvii.].

Crimes (which may bring capital punishment), twenty-three; in the case of Lev. xx. 15, twenty-three, as verse 16 reads: “Then shalt thou kill the woman and the beast”; and also in the preceding verse: “The beast also shall ye slay.” And the same is the case with the stoning of an ox, of which it reads [Ex. xxi. 29]: “The ox shall be stoned, and the owner . . . be put to death”—which means, as for the death of its owner twenty-three are needed, so also for the stoning of the ox.

The wolf, the lion, the bear, the tiger, the bardls,² and the serpent are killed by the judgment of twenty-three. R. Eliezer, however, maintains: Every one who hastens to kill them is rewarded. But R. Aqiba says: Twenty-three are needed.

A whole tribe, or a false prophet, or a high-priest, if they have to be judged for a crime which may bring capital punishment, a court of seventy-one judges is needed. The same number of judges is needed to decide upon battles which are not commanded by the Scriptures, and also for enlarging the city of Jerusalem by annexing its suburbs or free land; and the same is the case if it is necessary to enlarge the courtyard of the Temple. Also, the same number of judges is needed for appointing supreme councils to each tribe. A misled town [Deut. xii. 14] must also be condemned by seventy-one. However, a town which stands on the boundary cannot be condemned; nor three of them at one time at any place, but only one, or two.

The Great (Sanhedrin) consisted of seventy-one, and the small of twenty-three. Whence do we deduce that the great council must be of seventy-one? From [Num. xi. 16]: “Gather unto me seventy men.” And add Moses, who was the head of them—hence seventy-one? And whence do we deduce that a small one must be twenty-three? From [ibid. xxxv. 24 and 25]: “Thecongregation shall judge”; “And the congregation shall save.”³ We see that one congregation judges, and the other congregation saves—hence there are twenty; as a congregation consists of no less than ten persons, and this is deduced from [ibid. xiv. 27], “To this evil congregation,” which was of the ten spies, except Joshua and Caleb. And whence do we deduce that three more are needed? From [Ex. xxiii. 2]: “Thou shalt not follow a multitude to do evil”—from which we infer that you shall follow them to do good. But if so, why is it written at the end of the same verse, “Incline after the majority, to wrest judgment”?⁴ This means, the inclination to free the man must not be similar to the inclination to condemn; as to condemn a majority of two is needed, while to free, the majority of one suffices. And a court must not consist of an even number, as, if their opinion is halved, no verdict can be established; therefore one more must be added. Hence it is of twenty-three.

How many shall a city contain that it shall be fit for a supreme council? One hundred and twenty families. R. Nehemiah, however, maintains: Two hundred and thirty—so that each of them should be the head of ten families, as we do not find in the Bible rulers of less than ten.

GEMARA: Are not robbery and wounds civil cases? Said R. Abuhu: The Mishna means to explain the term “civil cases” by robbery and wounds; but to the admitting of debts or loans, three judges are not needed. And that so it should be understood, both expressions were needed; as, if it stated civil cases only, it would include loans, etc.; and if the expression “robbery,” etc., only, one might also say the same is the case with loans, etc.; and the expression “robbery,” etc., is because the main point wherein three judges are prescribed by the Scriptures is in cases of robbery [Ex. xxii. 7]: “Shall the master of the house be brought unto the judges.” And concerning wounds, it is the same whether a wound be in one’s body or in his pocket (money), and therefore it begins with civil cases, and explains that cases like robbery are meant, and not common ones, etc. But whence are common loans excluded, that they do not need three? Did not R. Abubu say: If two persons have judged in a matter of civil law, all agree that theirjudgment is of no value? Therefore we must say that the Mishna means to exclude loans and admission of debts—to exclude from three established judges; but three common men are needed. And the reason is what R. Hanina said: Biblically, investigation is needed of crimes as well as of civil cases. As it is written [Lev. xxiv. 22]: “One manner of judicial law shall ye have.” But why was it said that civil cases do not need investigation? In order not to lock the door to borrowers. And Rabha explained this statement as meaning that in two kinds of civil cases—loans, etc.—three common people are needed; but in cases of robbery, etc., three established judges. And R. Aha b. R. Ekha said: Biblically, even one is fit to decide civil cases, as it is written [ibid. xix. 15]: “In righteousness shalt thou judge thy neighbor.” But the rabbis enacted three, in order to prevent men of the market, who are ignorant of law, to undertake to judge cases. But is it not the same with three common men? Are they not men of the market? If three undertake to judge a case, it is highly probable that at least one of them knows something of law. But if so, let two who should make an error in judging not be responsible? If this should be enacted, then all the market people would undertake to decide upon things.

But what is the difference between Rabha and R. Aha b. R. Ekha (according to both, three common men are needed in cases of common loans, etc.)? They differ in the following, which was said by Samuel: If two commoners have decided upon loan cases, their decision is to be respected; but they are considered an impertinent Beth Din. Rabha does not hold with Samuel, and maintains: Their decision must not be respected. And R. Aha holds with him (Samuel).

“Whole damages and half,” etc. Are not damages the same as wounds (both are to be paid)? Because it has to state half damages, it mentions also whole damages. Are not half damages also the same? The Mishna teaches concerning money which is to be collected according to the strict law and that which is only a fine. But this is correct only as to him who says that half damages are a fine; but as to him who says half damages are strict law, what can be said? Because it has to state about the double amount, and four and five fold, which are more than the amount damaged, it mentions also half damages, which is less; and as half is mentioned, it mentions also the whole.

Whence do we deduce that three are needed? From what the rabbis taught. It treats [Ex. xxii. 7 and 8] three times of judges; hence three are needed. So said R. Yachiha. R. Jonathan, however, maintains: The first expression “judges,” as the beginning, must not be taken into consideration, as it is needed for itself, and therefore only the two expressions “judges,” mentioned after, are to be counted, and the third one is added only because we do not establish a court of an even number (as said above).

The rabbis taught: Civil cases are to be discussed by three. Rabbi, however, said: It is discussed by five, so that the final decision should be by three. But even when there are three, is not the final decision made by two? He means to say, because the conclusion must be of three judges. This explanation was ridiculed by R. Abuhu, saying: On such a theory, then the great Supreme Council ought to be one hundred and forty-one, to the end that the final conclusion should be made by seventy-one; and of a small council there ought to be forty-five, so that the conclusion should be made by twenty-three. And therefore we must say, as the Scripture reads, “Gather unto me seventy,” it means the seventy ought to be at the time established. And the same is it in the case above cited, “the congregation shall judge, and the congregation shall save,” meaning that at the time of judging there shall be ten. And in the same way are to be interpreted the just cited verses 7 and 8, that the plaintiff has to bring his case before three only. Therefore it may be said that the reason of Rabbi’s decision is that because in the first verse is written, “The judges may condemn,” as in the last, three is meant, so is it with the word Elohim, mentioned before, which means judges, also two is meant, which makes four; and one is added, so that they shall not be an even number—hence five. The rabbis do not care for this, as the term which is translated, “They may condemn,” is written in the singular, and is only read in the plural.

The rabbis taught: Civil cases are decided by three; but if one is known to the majority of the people as an expert, he alone may decide. Said R. Na’hman: e.g., I decide cases alone, without consulting any other rabbis. And so also said R. Hyya.

The schoolmen propounded a question: What does R. Na’hman mean by saying: As, for instance, I? Does he mean similar to him, who knew the laws traditionally and by common sense, and was also so empowered by the Exilarch; but if there was one who was equal to him in wisdom, but had no permission, his decision must not be respected? Or does he mean to say, if one were equal to him in wisdom he might so do without permission? Come and hear: Mar Zutra, the son of R. Na’hman, made an error in one of his decisions, and came to question R. Joseph whether he must make good the error. To which he answered: If he was appointed by the parties as a judge, he had not to pay; if not, he must pay. Infer from this that he who is appointed by the parties may so do even without permission from a higher court.

Said Rabh: If one wants to decide cases, and not be responsible in case of an error, he shall get permission from the Exilarch. And so also said Samuel.

It is certain that here in Babylon a permission from the Exilarch holds good for the whole country; and the same is the case from the Prince in Palestine, for the whole of Palestine and Syria. And it is also certain that if one has a permission from the Exilarch, he may practise in Palestine. As the following Boraitha states: The sceptre shall not depart from Judah. These are the exilarchs of Babylon, who rule over Israel with their sceptres. “And a lawgiver,” etc., [Gen. xlix. 10] means the grandsons of Hillel, who are teaching the Torah among the majority of the people. The question, however, is, if with the permission of the princes they may judge in Babylon?

Come and hear: Rabba b. Hana had decided a case and erred, and came to question R. Hyya whether he had to pay. To which he answered: If the parties appointed you as a judge, you have nothing to pay; but if not, you have. Now, as Rabba b. Hana had permission from Palestine, and would be obliged to pay if not appointed, it is to be inferred that the permission from Palestine did not hold good in Babylon. But is it not a fact that Rabba b. R. Huna, when he would quarrel with the house of the Exilarch, used to say: I did not take any permission from you, but from my father, who had it from Rabh, and the latter from R. Hyya, and the latter from Rabbi? This was concerning worldly affairs only. But if the permission of Palestine does not hold good for Babylon, why did Rabba b. Hana take it? For the cities which are situated on the boundary of Palestine. How was the case when he took the permission? When he was about to descend from Palestine to Babylon, R. Hyya said to Rabbi: My brother’s son, Rabba b. Hana, descends to Babylon. And Rabbi answered: He may teach the law, decide civil cases, and may also decide upon the blemishes of first-born animals which are prohibited to be slaughtered without a blemish on their body.⁵

When Rabh was about to go to Babylon, R. Hyya said to Rabbi: The son of my sister goes to Babylon. Said Rabbi: He may teach the law, decide cases, but not about blemishes of the first-born of animals.

Why did R. Hyya name the first “my brother’s son” and the second “my sister’s son”? And lest one say that so was the case, did not the master say: Abu, Hana, Shila, Marta, and R. Hyya all were the sons of Abba b. Aha Kharsala of Khaphri? (Hence Rabh, who was Abu’s son, was also his brother’s son—why did he say “my sister’s”?)

Rabh, who was his brother’s and also his sister’s son (on his mother’s side), he named him “the son of my sister”; but Rabba b. Hana was the son of his brother only. And if you wish, it may be said that R. Hyya named him “my sister’s,” because of his great wisdom. As it is written [Prov. vii. 4] “Say unto wisdom, Thou art my sister.” But why should Rabh not be permitted to decide about blemishes? Was he not wise enough for this? Is it not a fact that he was wiser than any of his contemporaries? Or was he not acquainted enough with the kind of blemishes? Did not Rabh say: I have dwelt eighteen months with a pasturer of cattle to learn the blemishes which are temporary, and those which remain forever? This was done that Rabba b. Hana should be respected, as Rabh was highly respected even without that. And if you wish, it might be said that because of the fact itself, that Rabh was an expert concerning blemishes, it was not allowed to him to practise, for the reason that Rabh would allow such blemishes as other experts were not aware of, and people who should see that would act likewise, relying upon Rabh, so that they would finally allow the animal which had a temporary blemish to be slaughtered.

It is said above: “Rabbi said: He shall teach law.” To what purpose was this said? Does such a scholar as Rabh need such a permission for teaching? This was said because of thefollowing case: It happened that Rabbi went into a certain place and saw that they kneaded dough without offering a sample for legal purity. And to the question why they did so, their answer was: There was a disciple who taught: Water of Bzein (swamp) does ...