Commentary for Sanhedrin 80:21

אמר עולא מניין להתראה מן התורה שנאמר (ויקרא כ, יז) ואיש אשר יקח את אחותו בת אביו או בת אמו וראה את ערותה אטו בראייה תליא מילתא אלא עד שיראוהו טעמו של דבר אם אינו ענין לכרת

But are eight queries [hakiroth] conceivable?<span class="x" onmousemove="('comment',' I.e., can one ask a further question through which false witnesses may be declared Zomemim? ');">⁴¹</span> Why not? Surely, What part of the hour, may be added [as the eighth question]! And indeed, it has been taught even so: 'They examined him with eight queries.' Now, that is correct<span class="x" onmousemove="('comment',' I.e., that eight queries are conceivable, each of which may serve the purpose of refuting the witnesses. ');">⁴²</span> according to Abaye on R. Meir's ruling, viz., A man is [to be treated as] not liable to make even the slightest error.<span class="x" onmousemove="('comment',' In regard to the exact time (Pes. 11b). So that, should the witnesses be refuted over a matter of half an hour, e.g., if they stated that they witnessed a murder at 4:30, and other witnesses testify that they were elsewhere, we do not assume that they might have witnessed the murder at 4 or 5, and erred in half an hour, but declare them Zomemim. Hence a purpose is served by questioning them on the precise part of the hour. ');">⁴³</span> And even according to the version which states, A man is liable to make a slight error: it is also right.<span class="x" onmousemove="('comment',' To add another query as regards the precise part of the hour. ');">⁴⁴</span> But according to Abaye on R. Judah's ruling, viz., A man is liable to err to the extent of half an hour, and according to Raba, who said, People are liable to err to even a greater extent, what can you say? — Well then, [the eleventh expression] may be intended to add, 'Which year of the Jubilee' as a query. But that is identical with: 'In what septennate?'! — Rather this is the additional question: 'In what Jubilee? And the other Tanna? — 45 Since he [the witness] tells us in which septennate, it is necessary to ask: 'In which Jubilee?'<span class="x" onmousemove="('comment',' Since it is highly improbable that evidence would be postponed from one Jubilee to another (Rashi) (Or. one includes the other, v. Yad Ramah]. — It may be observed that owing to the discussion on the possibility or need of eight questions, R. Abbahu's objection remains unanswered, unless it be assumed that R. Simeon who maintains that burning is severer than stoning also agrees with the Tanna of the Mishnah that only seven questions are put. ');">⁴⁶</span> R. JOSE SAID etc. it has been taught: R. Jose said to the Sages: According to your view, one who comes and testifies, 'He killed him last night,' must be asked: 'In which septennate? In what year? In what month? On what day of the month?' They retorted: And according to your view, one who comes and declares, 'He killed him just now,' is to be asked: 'On what day? At what hour? And where?' But [you too must answer that] even though the questions may be unnecessary, they are put to them [the witnesses], in accordance with the view of R. Simeon b. Eleazar;<span class="x" onmousemove="('comment',' Cf. supra. 32b. 'They shall take the witnesses from one place to another in order to confuse them.' ');">⁴⁷</span> so here too,<span class="x" onmousemove="('comment',' I.e., to defend our view. ');">⁴⁸</span> even if they are unnecessary, they are put to them [the witnesses], in accordance with R. Simeon b. Eleazar's view. And R. Jose?<span class="x" onmousemove="('comment',' How does he maintain his objection, seeing that it may rightly be raised against his own view too? ');">⁴⁹</span> — 'He killed him last night,' is a frequent testimony; whereas, 'He has killed him just now,' is rare.<span class="x" onmousemove="('comment',' Therefore R. Jose maintains that the latter possibility may be disregarded. ');">⁵⁰</span> DID YE KNOW HIM? Our Rabbis taught: [The following questions are asked]: Do ye know him? Did he kill a heathen? Did he kill an Israelite? Did ye warn him? Did he accept your warning?<span class="x" onmousemove="('comment',' By saying, e.g., 'I know that I am warned not to do so.' ');">⁵¹</span> Did he admit his liability to death?<span class="x" onmousemove="('comment',' By answering you, e.g., 'Even though I shall be punished by such and such a death, yet I will commit this crime.' ');">⁵²</span> Did he commit the murder within the time needed for an utterance?<span class="x" onmousemove="('comment',' Such as a greeting from a disciple to teacher, e.g., 'Peace be unto thee, my Master and Teacher'. V. B.K. 73b; Mak. 6a. If the murder was delayed longer, the plea that he forgot the warning might be accepted. (Rashi) ');">⁵³</span> Where he committed idolatry, [the witness is asked:] Which [idol] did he worship? Did he worship Peor?<span class="x" onmousemove="('comment',' Num. XXV, 1-9. Worshipped by obscene rites. V. infra 60a, and Rashi, on Num. loc. cit., also p. 410, n. 1. ');">⁵⁴</span> Did he worship Merkolis?<span class="x" onmousemove="('comment',' [H], Roman, Mercurius, Greek, Hermes, the patron deity of wayfarers. V. p. 410, n. 2. ');">⁵⁵</span> How did he worship? By sacrifice, offering incense, libations, or prostration? 'Ulla said: Where is the need of warning intimated in the Torah? — In the verse, And if a man shall take his sister, his father's daughter, or his mother's daughter, and see her nakedness.<span class="x" onmousemove="('comment',' Lev. XX, 17. ');">⁵⁶</span> Does guilt then depend upon [mere] seeing? Hence it must mean [that he is liable to punishment] only if he 'sees' the reasonableness thereof.<span class="x" onmousemove="('comment',' I.e., if the witnesses previously warn him that his proposed action is forbidden on pain of kareth. ');">⁵⁷</span> And since this is inapplicable to <i>Kareth</i>,<span class="x" onmousemove="('comment',' [H]; excision — punishment by Heaven, where no warning is needed, since God knows whether the culprit was aware of the forbidden nature of his action or not. ');">⁵⁸</span>

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