Talmud Bavli
Talmud Bavli

Halakhah for Sanhedrin 104:6

הי אמר להו ברישא אילימא הא קמייתא אמר להו ברישא א"ל כשהוא גדול ולא אשגחו ביה אמר להו כשהוא קטן ואשגחו ביה

R. Joseph said: It was a Sadducee<span class="x" onmousemove="('comment',' The party opposed to the Pharisees, and drawing their support mainly from the aristocratic classes. As they represented the nobility and wealth of the country, their interests were centred chiefly in the political, not the religious life, of the people. Their origin is wrapped in obscurity (Weiss, Dor, 1, 100); but Halevy, Doroth Voi. III: 'The Sadducees and Boethusians', regards them as the children of the Hellenizing Jews in the days of the Maccabeans; he denies that they were a religious party at all. The passage from Josephus (Ant. XIII, 10, 6) upon which this assertion is commonly based is explained by him as referring to the rejection of distinctive Rabbinic ordinances as apart from laws derived through interpretation of Scripture. In regard to criminal jurisdiction, they were very rigorous and, as seen in this passage, carried out the penalty of death by fire in a literal manner. Halevy (op. cit. Vol. III, p. 412f) observes that the reply of the Sages to R. Eleazar b. Zadok, — Because the Beth din at that time (amplified by R. Joseph as meaning a Beth din of the Sadducees) were not well learned in the law', shews that their ruling was in the first instance not based on the principle of literal interpretation, but the result of ignorance, it was only subsequently that such ruling crystallized into definite principles. J. Derenbourg (Essai, p. 251, n. 2) suggests that the burning of the priest's adulterous daughter, as described by R. Eleazar b. Zadok, took place during the short interval between the death of Festus, the Roman Procurator, (in 62 C.E.) and the coming of Albinus (63 C.E.). during the High-Priesthood of Hanan b. Hanan (a Boethusian mentioned in Tosef. Yoma i). Cp. also ibid p. 262. ');"><sup>6</sup></span>

Sefer HaChinukh

The commandment on the court (beit din) to kill with strangulation one who is liable: That we have been commanded to kill the transgressors of some of the commandments of the Torah with strangulation, as it is stated (Exodus 21:12), "He who strikes a man and [that man] dies shall surely be put to death." And this one of "One who strikes a man" is one of the ones whose death penalty is with strangulation. Since it is written about it, "[he] shall surely die" - and in the explanation, they, may their memory be blessed, said (Sanhedrin 52b), "Any death penalty stated in the Torah undifferentiated is only strangulation." We have learned that those that are liable for the death penalty do not have repayment, as it is stated (Exodus 21:11-12), "there is no money. He who strikes a man and [that man] dies, etc." - Mekhilta.
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