Talmud Bavli
Talmud Bavli

Halakhah for Sanhedrin 54:20

התם שהיה בידם למחות ולא מיחו

When Scripture states, Everyman shall be put to death for his ownsin,<span class="x" onmousemove="('comment',' Deut. XXIV, 16. ');"><sup>31</sup></span> [it must refer to those whodo not hold fast to their fathers' ways. Then how shall we interpret, Andalso in the iniquities of their fathers shall they pine away with them?]<a rel="footnote" href="#56a_32"><sup>32</sup></a> — As referring to those who continue in the ways of theirfathers.<span class="x" onmousemove="('comment',' Cf. Ber. 7a. ');"><sup>33</sup></span> But do they [really] not[suffer for the sins committed by others]? Is it not written, And they shallstumble one upon another,<span class="x" onmousemove="('comment',' Lev. XXVI, 37, lit., 'upon his brother'. The prefix [H] is here taken in the sense of 'because of'. ');"><sup>34</sup></span> meaning,One [will stumble] through the sin of the other, which teaches that all areheld responsible for oneanother?<span class="x" onmousemove="('comment',' Shewing that the iniquities of one may be borne by the other. ');"><sup>35</sup></span> — There the referenceis to such as had the power to restrain [their fellowmen from evil] but didnot.

Sefer HaChinukh

That a relative not testify, one about the other: That we have been commanded not to accept the testimony of some relatives about some relatives. And about this is it stated (Deuteronomy 24:16), "Parents shall not be put to death for children, nor children be put to death for parents" - and concerning this came the traditional understanding (Sanhedrin 27b) [that it means that] fathers should not be put to death from the testimony of the sons, and sons should not be put to death from the testimony of the fathers. And the same is true of financial cases - that we do not believe some relatives about some relatives. However it is mentioned regarding laws [involving] death sentences by way of hyperbole - that we should not say, since this is [causing] the loss of life, we should not suspect the relative about him, but rather do like his testimony; since his testimony is to lose the life of his relative. And even though the verse only mentioned the fathers and the sons, the same is true of several of the other relatives. But it mentioned sons and fathers by way of an example; saying that [even though] one loves the other very much, and [yet the Torah] stated that also these are not believed that one should condemn the other and - there is no need to say - exonerate [him]. And the same is true of some of the [other] relatives, as the tradition about them has come to us - and we shall mention them in the laws of the commandment, with God's help.
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