תלמוד בבלי
תלמוד בבלי

הלכה על יבמות 12:11

Sefer HaChinukh

That the court not administer a death sentence on the Shabbat: That the judges not administer sentences on Shabbat, meaning to say that they not kill on the Shabbat one who has been made liable for the death penalty by the court, as it is stated (Exodus 35:3), "You shall not kindle fire throughout your settlements on the Shabbat day." And the explanation comes about this (Yevamot 6b) that the court should not burn someone who has become liable for burning. And the same is true for the other death penalties. And it is [correct] for us to expound this thing from [this verse]; as behold, it is not necessary for itself, as behold, it is already written in another place, "you shall not do work" (Exodus 20:10) - and kindling is for the sake of work. Rather, it is written to teach [another] matter. And they explained about it that it came to teach us this [matter] that we said. And this is the language of Mekhilta d'Rabbi Yishmael 35:3:2 (at the beginning of Parshat Vayakhel): "'You shall not kindle fire' - burning was in the general category [of forbidden work], yet it was [specified, in order] to teach that just like burning is particular in that it is one of the death penalties of the court and [we see here] that it does not push off the Shabbat, so too all of the other death penalties do not push off the Shabbat." And even with all that we have learned in this verse, it should also be expounded [for] that which they also expounded on it (Yevamot 6b), "Kindling was [specified] to separate" - meaning to say that one who does many principle categories of work at one time in one forgetful spell would be liable a sin-offering for each and every [type of] work by itself. And in the Gemara of the Westerners they said (Talmud Yerushalmi Sanhedrin 4:6), "'In all of your settlements' - Rabbi Ila said in the name of Rabbi Yannai, 'From here [we learn] about courts, that they should not judge on Shabbat.'"
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Sefer HaChinukh

That the court not administer a death sentence on the Shabbat: That the judges not administer sentences on Shabbat, meaning to say that they not kill on the Shabbat one who has been made liable for the death penalty by the court, as it is stated (Exodus 35:3), "You shall not kindle fire throughout your settlements on the Shabbat day." And the explanation comes about this (Yevamot 6b) that the court should not burn someone who has become liable for burning. And the same is true for the other death penalties. And it is [correct] for us to expound this thing from [this verse]; as behold, it is not necessary for itself, as behold, it is already written in another place, "you shall not do work" (Exodus 20:10) - and kindling is for the sake of work. Rather, it is written to teach [another] matter. And they explained about it that it came to teach us this [matter] that we said. And this is the language of Mekhilta d'Rabbi Yishmael 35:3:2 (at the beginning of Parshat Vayakhel): "'You shall not kindle fire' - burning was in the general category [of forbidden work], yet it was [specified, in order] to teach that just like burning is particular in that it is one of the death penalties of the court and [we see here] that it does not push off the Shabbat, so too all of the other death penalties do not push off the Shabbat." And even with all that we have learned in this verse, it should also be expounded [for] that which they also expounded on it (Yevamot 6b), "Kindling was [specified] to separate" - meaning to say that one who does many principle categories of work at one time in one forgetful spell would be liable a sin-offering for each and every [type of] work by itself. And in the Gemara of the Westerners they said (Talmud Yerushalmi Sanhedrin 4:6), "'In all of your settlements' - Rabbi Ila said in the name of Rabbi Yannai, 'From here [we learn] about courts, that they should not judge on Shabbat.'"
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