Commentary for Sanhedrin 162:20

והבועל ארמית: בעא מיניה רב כהנא מרב

<b><i>MISHNAH</i></b>. ONE WHO COMMITS MURDER WITHOUT WITNESSES IS PLACED IN A CELL AND [FORCIBLY] FED WITH BREAD OF ADVERSITY AND WATER OF AFFLICTION'.<span class="x" onmousemove="('comment',' Isa. XXX, 20. ');">¹⁸</span> <b><i>GEMARA</i></b>. How do we know [that he committed murder]? — Rab said: On a 'disjoined' evidence.<span class="x" onmousemove="('comment',' I.e., the murder was witnessed by two persons who were not standing together. In that case, he cannot be executed; hence he is imprisoned. cf. Mak. 6b. ');">¹⁹</span> Samuel said: Without a warning.<span class="x" onmousemove="('comment',' I.e., there were two witnesses, but invalid to impose the usual death sentence, because they did not warn him. ');">²⁰</span> R. Hisda said in Abimi's name: Through witnesses who were disproved as to the minor circumstances [of the crime], but not on the vital points.<span class="x" onmousemove="('comment',' By 'vital points' ([H]) time and place of the crime are meant; by 'minor circumstances' (bedikoth [H]) the weapon, clothes worn by the victim or the murderer, etc. Since the vital evidence has not been disproved, the accused is adjudged a murderer; as, however, the witnesses were disproved on minor details, he cannot be executed, and is therefore placed in a cell. ');">²¹</span> As we learned: It once happened that Ben Zakkai examined [the witnesses] as to the stalks of the figs.<span class="x" onmousemove="('comment',' The witnesses having deposed that the murder took place under a fig tree. Ben Zakkai examined them on the nature of the stalks, Whether thick or thin, etc. v. supra 40a ff. ');">²²</span> AND FED 'BREAD OF ADVERSITY AND WATER OF AFFLICTION'. Why does this Mishnah teach, AND FED WITH BREAD OF ADVERSITY AND WATER OF AFFLICTION', whilst the former teaches, HE IS PLACED BY <i>BETH DIN</i> IN A CELL AND FED WITH BARLEY BREAD UNTIL HIS STOMACH BURSTS? — R. Shesheth answered: In both cases he is fed with 'bread of adversity and water of affliction' for his intestines to shrink [thus blocking the passage], and then he is fed with barley bread until his stomach bursts. <b><i>MISHNAH</i></b>. IF ONE STEALS THE KISWAH,<span class="x" onmousemove="('comment',' V. Gemara. ');">²³</span> OR CURSES BY ENCHANTMENT, OR COHABITS WITH A HEATHEN [LIT. SYRIAN] WOMAN, HE IS PUNISHED BY ZEALOTS.<span class="x" onmousemove="('comment',' I.e., pious men, jealous for the honour of Judaism, may punish him if they apprehend him in the act; but if they did not, they cannot subsequently charge him therewith at Beth din (Rashi). ');">²⁴</span> IF A PRIEST PERFORMED THE TEMPLE SERVICE WHILST UNCLEAN, HIS BROTHER PRIESTS DO NOT CHARGE HIM THEREWITH AT <i>BETH DIN</i>, BUT THE YOUNG PRIESTS TAKE HIM OUT OF THE TEMPLE COURT AND SPLIT HIS SKULL WITH CLUBS. A LAYMAN WHO PERFORMED THE SERVICE IN THE TEMPLE, R. AKIBA SAID: HE IS STRANGLED; THE SAGES SAY: [HIS DEATH IS] AT THE HANDS OF HEAVEN. <b><i>GEMARA</i></b>. What is kiswah? — Rab Judah answered: The service vessels [of the Temple]; and thus it is said, And the vessels [Kesoth]<span class="x" onmousemove="('comment',' [H] ');">²⁵</span> of libation.<span class="x" onmousemove="('comment',' Num. IV, 7. ');">²⁶</span> And where is this alluded to?<span class="x" onmousemove="('comment',' That a zealot who sees the theft must punish, i.e., slay him. ');">²⁷</span> That they come not to see how the holy things are stolen,<span class="x" onmousemove="('comment',' [H] lit., 'swallowed up'. ');">²⁸</span> lest they [the purloiners] die.<span class="x" onmousemove="('comment',' Ibid. 20. Nevertheless, this not being the true meaning of the verse, q.v., it is regarded merely as a hint, the actual law being traditional. [The allusion is probably to the vessel employed for water libation, a rite opposed by the Sadducees. The purloiner would accordingly be a member of that sect, v. Krauss, Sanh.-Mak. p. 260.] ');">²⁹</span> OR CURSES BY ENCHANTMENT. R. Joseph learned, [He curses thus:] May the charm [the idol] slay its enchanter.<span class="x" onmousemove="('comment',' Referring to God. The meaning of the passage is uncertain. H. Danby, Tractate Sanhedrin, a.l., suggests that [H] may be an abbreviation of some transliterated unorthodox divine name, e.g., [G], or a disguised form of the Tetragrammaton. The offence then will consist in blaspheming the Divine Name under a pseudonym (Sanh. VII, 5). Levy, s.v. oxe translates: May the charmer (= idol) slay its charmer (= God). But the Munich MS. reads [H] = what is like him (cf. [H] supra 56a). Jastrow renders: 'May the carver (i.e., God, invoked as 'carver' instead of creator ex nihilo) strike his carving!' ');">³⁰</span> The Rabbis, others say, Rabbah b. Mari, say: [He curses:] May the charm slay him [his enemy], his Master and his Provider, etc.<span class="x" onmousemove="('comment',' The last two refer to God. This is translated by Levy (loc. cit.): The charmer smite him, his possessor, and Him who gives him possession. The J. a. l. reads: [H] e.g., as the Nabateans curse, viz., Cursed be thou, thy possessor, and Him who gives thee possession. ');">³¹</span> OR COHABITS WITH A HEATHEN WOMAN. R. Kahana propounded a problem to Rab:

Explore commentary for Sanhedrin 162:20. In-depth commentary and analysis from classical Jewish sources.