Talmud Bavli
Talmud Bavli

Halakhah for Sanhedrin 158:10

<big><strong>גמ׳</strong></big> מאן אחרים אילימא אחרים כשרים פשיטא ותו בהא לימא רבי יהודה כונסין אותן לכיפה

IF A NUMBER OF CONDEMNED PERSONS DIFFERING IN THEIR DEATH SENTENCES BECAME MIXED UP WITH ONE ANOTHER, THEY ARE EXECUTED BY THE MOST LENIENT [DEATH]. IF CRIMINALS CONDEMNED TO STONING [BECAME MIXED UP] WITH OTHERS CONDEMNED TO BURNING, — R. SIMEON SAID: THEY ARE STONED, BECAUSE BURNING IS SEVERER; BUT THE SAGES SAY THEY ARE BURNED, BECAUSE STONING IS MORE SEVERE. R. SIMEON SAID TO THEM: WERE NOT BURNING SEVERER, IT WOULD NOT BE DECREED FOR A PRIEST'S ADULTEROUS DAUGHTER. THEY REPLIED: WERE NOT STONING MORE SEVERE, IT WOULD NOT BE THE PENALTY OF A BLASPHEMER AND AN IDOLATER. IF MEN CONDEMNED TO DECAPITATION BECAME MIXED UP WITH OTHERS CONDEMNED TO STRANGLING, — R. SIMEON SAID: THEY ARE [ALL] DECAPITATED; THE SAGES SAY: THEY ARE STRANGLED.

Sefer HaChinukh

From the laws of the commandment is that which they, may their memory be blessed, explained (Bava Kamma 41a) that whether it is a muad (known as likely to cause damage) or a tam (tame), it is stoned for any [person] that it kills, be it a man or a woman or a child or a slave; that we only finish its judgment in front of it owners, if it has owners (Sanhedrin 99b); and [that which] they also said (Sanhedrin 44a) that there are many angles through which the ox kills but is not stoned. And the rest of its details - are elucidated in [Bava] Kamma (see Mishneh Torah, Laws of Forbidden Foods 4).
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse