Talmud Bavli
Talmud Bavli

Halakhah for Sanhedrin 222:19

אי הכי לפרוש פרושי

Another explanation: men, [implies] but not women; men, but not minors. The children of Belial denotes children who have thrown off the Yoke of Heaven from their necks.<span class="x" onmousemove="('comment',' [H] is explained [H] 'without a yoke'.] ');"><sup>35</sup></span> From among you, but not from a border town.<span class="x" onmousemove="('comment',' Only a town that is among you can become a condemned city. But a border town, in close proximity to Gentile cities, is not treated as such (v, supra 16b). ');"><sup>36</sup></span> The inhabitants of their city — but not the inhabitants of a different city. Saying, [teaches that] witnesses and a formal warning are necessary for each offender. It has been stated: R. Johanan maintained: One city might be divided among two tribes.<span class="x" onmousemove="('comment',' I.e., when Canaan was parcelled out among the tribes, and the boundary line of a tribal portion cut across a town, that town would legally belong to the two tribes. ');"><sup>37</sup></span> Resh Lakish said: One city might not be divided among two tribes.<span class="x" onmousemove="('comment',' The whole legally belonging to the tribe the greater part of which fell within its borders. Jerusalem, which belonged partly to Benjamin and partly to Judah, was an exception on this view (Early Tosafoth, Yoma 12a). ');"><sup>38</sup></span> R. Johanan asked Resh Lakish: UNLESS THE SEDUCERS ARE OF THAT CITY AND OF THAT TRIBE — surely it means, though the seducers be of that city, yet only if they belong to that tribe too does the law apply, but not otherwise; which proves that a city might be divided among two tribes? — No: such a case is possible if it [a portion of the town] came to them [the seducers] through inheritance,<span class="x" onmousemove="('comment',' Rashi explains: if the seducers, though not of the tribe to which the city belonged, inherited part thereof through a daughter who became heiress of an estate after having married out of her tribe. ');"><sup>39</sup></span> or was gifted to them. He [further] objected: nine cities, out of these two tribes.<span class="x" onmousemove="('comment',' Judah and Simeon. Josh. XXI, 16. ');"><sup>40</sup></span> Surely it means four and a half from each, thus proving that a city might be divided among two tribes. — No: four from one and five from the other. If so, these should be specified.<span class="x" onmousemove="('comment',' Which tribe gave four and which five? ');"><sup>41</sup></span>

Sefer HaChinukh

From the laws of the commandment is that which they, may their memory be blessed, said (Sanhedrin 111b) that the city does not become an enticed city - meaning, to judge them with the law of an enticed city, the people of which are killed with the sword and their property is burned with the city - until its enticers are two, or more than two, as it is stated (Deuteronomy 13:14), "Wanton men came out, etc."; and that its enticers are from that tribe and from that city, as it is stated, "from among you, and entice you"; and until they entice its majority, and that the enticed be from one hundred up to the majority of the tribe. But if the majority of a tribe is enticed, they are not judged by the law of the enticed city, but rather as individuals who are stoned and their property is for their heirs, as it is stated, "the residents of the city" - and not a small village and not a large [metropolis], and less than a hundred is a small village, and the majority of a tribe is a large [metropolis]. And the law that a city of refuge and so [too,] Jerusalem cannot be made an enticed city, and so [too,] a city that is on the border cannot be made an enticed city; the law of how we make it into an enticed city, and the warning that we send to it through two Torah scholars; that which they said concerning its plaza; that which they said about the properties of the righteous within it who were not enticed with it; the law of consecrated things within it; the law of the fruit of palm trees within it; the law of the properties of the people of another city that are within it or the properties of the people of the enticed city in another place; and the rest of its details are [all] in Tractate Sanhedrin (Chapter 11).
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