Talmud zu Dewarim 21:1

MISHNAH: [The portion of] the calf whose neck was broken¹To atone for an unsolved murder; cf. Chapter 7:2, Note 36., in the holy language. For it is said²Deut. 21:1.: “If a murder victim be found on the land, etc. ³Deut. 21:2. Then your Elders and judges should go out.” Three from the High Court in Jerusalem had to go out⁴In Mishnah Sanhedrin 1:3 and Sifry Deut, 205, this opinion is ascribed to R. Simeon.. Rebbi Jehudah says five, since it is written “your Elders”, two, “and your judges”, two⁵Since a plural means at least two, an unspecified plural always means 2. (Cf. H. Guggenheimer, Logical Problems in Jewish Tradition, in: Confrontations with Judaism, P. Longworth, ed., London 1966; pp. 174–175).. Since no court may have an even number of members⁶So that an immediate verdict can be rendered in all cases that come before the court., one adds another one.

HALAKHAH: “The calf whose neck was broken,” etc. It is reasonable only from “they begin and say”¹⁰This refers to the discussion which shows that the Levites and the Elders have to recite the verses as written, Chapter 7:2, Notes 43 ff.. He starts from the beginning of the paragraph¹¹The Tanna of the Mishnah quotes from v. 1 when the recitation starts only at v. 9, to explain that the rules of the ceremony have to be deduced from the earlier verses.. “If there be found,²Deut. 21:1.” not in a time when they are frequent¹²Cf. Mishnah 9. The same statement in Sifry Deut. 205.. “If there be found,” not that you have to search¹³If the body of a missing person is found after a search, this does not qualify for the ceremony.. “If there be found,” finding anywhere is only by witnesses¹⁴The High Court in Jerusalem will be involved only if two witnesses of good character testify that the corpse was found.. “It is not known who killed him”, therefore if it was known, even by a male or female slave, one did not break the neck¹⁵To avoid the ceremony, even a single witness of questionable character is sufficient whose testimony could not lead to a conviction.. There, you say, if it was known, even by a male or female slave, one did not break the neck, and here, you say so? One for the killer, one for the victim¹⁶As explained before, to aid the hunt for the killer, one witness is enough. To involve the High Court for the victim, two witnesses are needed.. ¹⁷This and the next paragraph are also in Roš Haššanah 3:1 (58c 1. 73), partially in Sanhedrin 1:2 (18c 1. 17). And that which you say that if it was known, even by a male or female slave, one did not break the neck, [is it only] if they say that if we see him we will be able to identify him. Even those who say, if we see him we will not be able to identify him, one did not break the neck since it is written: “Our eyes did not see.” But somebody did see!

How does Rebbi Yose uphold this verse, bring your sacrifices in the morning, etc⁶Since for him the Mishnah has no biblical basis; the cessation of commerce with idolators either is rabbinic or an old popular custom. The entire sermon is reproduced in Yalqut Šim`oni Prophets§542.? The verse speaks about Jeroboam’s kingdom. When Jeroboam became king over Israel he started seducing Israel and said to them come, let us worship pagan worship. Pagan worship is lenient. This is what is written, let us go against Jehudah, cut it down, break it up, and appoint a king in it, the man from Ṭabeal⁷Is. 7:6. The tradition that Ṭabeal is a place rather than a personal name was accepted by the Medieval commentators of Prophets. According to Rashi the name is coded; one has to replace letter nby n+/-11; then טבאל becomes רַמְלֵא, a city founded after the Arab conquest.. Rebbi Abba said, we checked all of Scripture but did not find a place named Ṭabeal. But it treats its worshippers well. The Torah said, selected him from all of the tribes of Israel to be a priest for Me⁸1S. 2:28.. Pagan worship says, he made priests from the fringes of the people⁹1K. 12:31; quoted in the Babli, Qiddušin75b, in the name of R. Joḥanan.. Rebbi La said, from the thorns of the people, the rubbish of the people. The Torah said, the fat of My sacrifice shall not remain until the morning¹⁰Ex. 23:28.; but pagan worship said, bring your sacrifices in the morning³Am. 4:4, speaking of the sinful service of the Golden Calf of Beth El.. The Torah said, it should be eaten on the day of its slaughter and the next day¹¹Lev. 19:6.; but pagan worship said, on the third day your tithes³Am. 4:4, speaking of the sinful service of the Golden Calf of Beth El.. The Torah said, do not sacrifice the blood of My sacrifice on leavened matter¹⁰Ex. 23:28.; but pagan worship said, and burn your thanksgiving offer of leavened matter³Am. 4:4, speaking of the sinful service of the Golden Calf of Beth El.. The Torah said, if you are vowing a vow to the Eternal, your God, do not tarry to fulfill it¹²Deut. 23:22., but pagan worship said, pledge gifts, publicize them^3,Am. 4:4, speaking of the sinful service of the Golden Calf of Beth El.¹³But it is not necessary to fulfill one’s pledge. The reason of the Northern Kingdom’s apostasy is traced to the cost and onerous rules of Torah practice.. Rebbi Yudan, Rebbi Mattaniah’s father, said, the verse only serves to mention the shame of Israel. The day of our king, the princes are sick from wine’s heat, he draws the mockers by his hand¹⁴Hos. 4:5.. On the day when Jeroboam became king over Israel, all of Israel came to him late in the evening and told him, come and worship pagan worship. He told them, it is late in the evening; I am drunk and not drunk¹⁵He claimed that his mental faculties were slightly impaired.. Everybody is drinking; but if you wish, go and come in the morning. That is what is written, for their heart is like an oven while they are lying in ambush; all night long their baker is sleeping.¹⁶Hos. 4:6. All night long their baker did not sleep. In the morning he is burning like fire of a conflagration¹⁶Hos. 4:6.. In the morning they came to him. He told them, I do understand what you want but I am afraid of your Synhedrion lest they kill me. They told him, we shall kill them; this is what is written, that all are glowing like an oven and eat their judges¹⁷Hos.4:7. All of Talmudic literature assumes that the legal system imagined for late Hasmonean rule was that of the Davidic kingdom.. Rebbi Levi said, they killed them, as is written, if a corpse is found¹⁸Deut. 21:1. This sermon derives הֶחֱלוּ in Hos. 4:5 not from חלה “to be sick” but from חלל “to be perforated”.. Rebbi La said, they deposed them; The day of our king, the princes are profaned from wine’s heat^14,Hos. 4:5.¹⁹Deriving הֶחֱלוּ in Hos. 4:5 from חול “to be profane”.; the day when princes were profaned. From wine’s heat, they were addicted to wine. He draws the mockers by his hand: When he saw a serious person he placed two scoffers next to him who asked him, which generation was preferred over all generations? He told them, the generation of the Exodus. But did they not practice pagan worship? He answered them, because they were beloved they were not punished. But they told him, be quiet for the king wants to do the same. Not only that, but they made one and this one made two. He put the one up at Bethel; the other he gave to Dan²⁰1K. 12:29..