Talmud Bavli
Talmud Bavli

Halakhah for Sanhedrin 37:15

מלך לא דן כו': אמר רב יוסף לא שנו אלא מלכי ישראל אבל מלכי בית דוד דן ודנין אותן דכתיב (ירמיהו כא, יב) בית דוד כה אמר ה' דינו לבקר משפט ואי לא דיינינן ליה אינהו היכי דייני והכתיב (צפניה ב, א) התקוששו וקושו ואמר ר"ל קשט עצמך ואחר כך קשט אחרים

But why this prohibition of the kings of Israel? Because of an incident which happened with a slave of King Jannai.<span class="x" onmousemove="('comment',' Alexander Jannaeus (Jonathan) lived 103-76 B.C.E. third son of John Hyrcanus, King of Judea but not of the House of David. ');"><sup>23</sup></span> who killed a man. Simeon b. Shetah<span class="x" onmousemove="('comment',' He was a brother of the queen (v. Ber. 48a), yet the relationship of the ruler with the Pharisees, of whom Simeon b. Shetah was the head, was one of bitter antagonism. History relates most cruel acts which Jannai committed against them (v. Graetz, Geschichte III, 146ff.) At times during his reign, the Sanhedrin consisted almost entirely of Sadducees, Simeon being the only Pharisee among them (v. Meg. Ta'anith 10). This fact might be traced also from this incident [V. Hyman, A., Toledoth, III, 124. A similar story is related by Josephus. (Ant. XIV, 9, 4) of Herod who, as 'servant' of Hyrcanus was charged with murder. The identification of the incident related here with that reported by Josephus, involving a confusion of names on the part of the Talmud, as suggested by Krauss, Sanhedrin-Makkot, 103, is quite unwarranted.] ');"><sup>24</sup></span>

Sefer HaChinukh

The laws of the commandment: For example, the differences that the Sages, may their memory be blessed, revealed to us that there are in this commandment between one man and another, such that not every man is obligated to come in front of the court to testify to them: As if the witness was a great sage and the court less than he, he may - if he wants - withhold from testifying in front of them; as the positive commandment of honor of the Torah pushes off the positive commandment of testimony (as is elucidated in Shevuot 36b). And a high priest is also not obligated to testify except only for testimony [that pertains] to a king (Mishneh Torah, Laws of Testimony 1:3). And kings of Israel do not testify about others, and others [do not testify] about them, because of a case that happened, as it appears in Sanhedrin 19a in the chapter [entitled] Kohen Gadol. But kings of the House of David testify and [others] testify about them and judge them. And we do not withhold from accepting the testimony on account of love or hate, as 'the remnant of Israel will not do injustice' in their testimony (Sanhedrin 27b). But regarding judgement, it is not so; as a friend and an enemy may not judge, because the enemy cannot see a merit and the friend cannot see a liability.
Ask RabbiBookmarkShareCopy
Previous VerseFull ChapterNext Verse