Talmud Bavli
Talmud Bavli

Musar for Sanhedrin 91:1

השתא דמרחקי מהדדי אהני לרבויי עבודת כוכבים דדמי ליה בכל מילי

Since, however, they are separated from each other, it has the effect ofincluding an idolater,<span class="x" onmousemove="('comment',' The separation indicates that the rule of the general and particular is not to be applied in the usual way to limit the law solely to the thing specified, but to extend it to some similar thing. ');"><sup>1</sup></span> who is likehim, [the blasphemer] in every respect. 'Whilst R. Eliezer employs [the ruleof] extension and limitation.' [Thus:] And if he be put to death then thoushalt hang him is an [indefinite] extension; for he is hanged because ofa curse&nbsp;… is a limitation. Now, had these two clauses been placed besideeach other, we should have extended the law only to an idolater, who is similarto him in every respect. Since, however, they are separated from each other,it has the effect of extending [the law] to all who arestoned.<span class="x" onmousemove="('comment',' Whatever their offence. ');"><sup>2</sup></span>

Shenei Luchot HaBerit

Prior to the appointment of the first king, the Sanhedrin performed both functions, i.e. משפט התורה as well as הוראת שעה. This is one of the reasons Moses is referred to in our traditonal sources as מלך, king. This is also why, after the destruction of the Temple when Israel no longer had a king, Rabbi Eliezer is on record as saying: "I have heard that (nowadays) a Jewish Court of Law may administer corporal punishment even when Torah law does not call for this."
Ask RabbiBookmarkShareCopy
Full ChapterNext Verse