Talmud sobre Exodo 21:29

MISHNAH: Whipping by three [judges]; in the name of Rebbi Ismael they said, by 23¹⁰⁷The imposition of corporal punishment needs an official court of duly ordained judges. The Mishnah is a reconstruction of what was assumed to be the historic procedure; R. Ismael lived about 70 years after the removal of criminal jurisdiction from Jewish courts and R. Meïr, represented by the anonymous opinion, more than 100 years afterwards. But the prescription of the Mishnah certainly was followed by the autonomous Jewish courts under the Parthians.. The lengthening of a month by three [judges]¹⁰⁸Whether a thirtieth day should be counted for the current month. Fixing the calendar was the sole privilege of a committee of the Patriarch’s court as a successor to the Synhedrion. The current computed calendar was promulgated by such a court in the middle of the Fourth Century (Eruvin 3:11 21c l. 24)., the intercalation of a year by three [judges]¹⁰⁹In the current calendar, the addition of 30 days to the lunar year, labelled as “First Adar.”, the words of Rebbi Meïr. Rabban Simeon ben Gamliel says, one starts with three, one discusses with five, and one votes with seven¹¹⁰A committe of three has to decide whether the year be a candidate for intercalation; an enlarged committe of five has to do the detailed computations; a further enlarged committee of seven has to confirm the computations. Intercalated months in the lunar year are necessary to keep Passover in the “month of spring” as required by Ex. 13:4.
There is no basic disagreement between R. Meïr and Rabban Simeon, since the latter agrees that in an emergency situation, a duly empowered committee of three is competent. Since Rabban Simeon was the Patriarch of the restauration during the second half of the Second Century, his procedure was the one actually used.. But if they voted with three, it is intercalated.
The leaning of Elders²²⁰Lev. 4:15. If the High Court realized that they had erred in a ruling and permitted something which is biblically prohibited, they have to bring a purification sacrifice and a deputation of the Court has to lean with their hands on the head of the sacrificial animal while confessing their error, as detailed in Traxtate Horaiot. and the breaking of the calf’s neck²²¹The ritual of atonement for an unsolved murder, Deut. 21:1–9, Soţah Chapter 9. by three [judges], the words of Rebbi Simeon, but Rebbi Jehudah says, by five. Ḥalîṣah²²²The ceremony by which the widow of a childless man is freed from levirate marriage, which requires involvement of “the Elders”, Deut. 25:5–9. and repudiations²²³The repudiation of a marriage by an underage girl, married off by her mother or brothers after her father’s death and whose marriage during her minority is valid only rabbinically; cf. Yebamot Chapter 13. by three [judges], [redemption of] the growth of the fourth year²²⁴The fruits of a tree in the fourth year after planting, the first year they are permitted as food, have to be eaten in holiness by the rules of Second Tithe (Lev.19:24; Maˋaser Šeni Chapter 5). They may be redeemed under the rules of Second Tithe, the sanctity being transferred to the redemption money. and Second Tithe²²⁵Cf. Maˋaser Šeni 4:2, Note 51. Second Tithe remains the farmer’s property but must be eaten in purity at the site of the Temple. If there is any danger of spoilage in transport, the produce may be redeemed and the sanctity transferred to the redemption money, Deut. 14:22–26; cf. Introduction to Tractate Maˋaser Šeni. whose value is not known by three [appraisers], also of Temple dedications²²⁶Property donated to the Temple which will be sold by the Temple treasurer upon appraisal by a committee of three; Lev.27:11. by three. Estimations of movables²²⁷If a person makes a vow to donate the estimated value of a person to the Temple, the amount payable is specified in Lev.27:2–7 depending on age and sex. If the person wants to pay with movables in lieu of money, their value has to be determined by a committee of three. These rules are detailed in Tractate ˋArakhin. by three [appraisers], Rebbi Jehudah says that one of them must be a Cohen; of real estate²²⁸Lev. 27:14–25. In all verses speaking of redemption of property donated to the Temple, ‘the Cohen” is mentioned in the singular. nine and a Cohen. The same holds for humans²²⁹Somebody promising to pay to the Temple the value a person would fetch if sold as a slave..
Capital crimes [are judged] by 23. The participants in active or passive bestiality²⁵⁹Whether human or animal; the additional statement is needed only for the animal. [is judged] by 23, as it is said, you shall slay the woman and the animal²⁶⁰Lev. 20:16. Since woman and animal are mentioned together, the animal can be condemned only by a court empowered to judge the woman who had sex with the animal., and it says, and you shall slay the animal²⁶¹Lev. 20:15, about male bestiality.. The bull to be stoned²⁶²Which had killed a human. [is judged] by 23, as it is said, the bull shall be stoned, also its owner shall die²⁶³Ex. 21:29.; like the owner’s death sentence so is the ox’s death sentence. The wolf and the lion, the bear, and the tiger, and the panther, and the snake are sentenced to death by 23²⁶⁴He does not need permission; it is no case for a court.. Rebbi Eliezer says, anyone quick to kill them is meritorious²⁶⁵End of Halakhah 1, Notes 103–106.; Rebbi Aqiba says, they are sentenced by 23.

General²⁶⁶Greek ἡγεμῶν “leader, commander.” In 19c l. 61 (Note 366) his name is Antoninus, in 19d l. 4 (Note 373) Antigonos. The story has many parallels in which various forms of the name appear. Jastrow and Krauss think of Quietus, a general of Trajan not likely to have conversed with a person who died under Vespasian. A Genizah text shows that אגנטוס is the correct form. {Perhaps it is not a name but a title, εὐγενής “noble, well-born.”(E. G.)} אגנטוס asked Rebbi²⁶⁷His title should be Rabban. Joḥanan ben Zakkai: the bull shall be stoned, also its owner shall die²⁶³Ex. 21:29.? He answered, the robber’s²⁶⁸Greek, λῃστής, ληϊστής. partner is like the robber. When he had left, his students asked him, rabbi, this one you pushed away with a cane²⁶⁹Since the owner is not executed, the answer cannot be correct.; what are you telling us? He said to them, it is written, the bull shall be stoned, also its owner shall die, like the owner’s death sentence so is the ox’s death sentence. Since the owner’s death sentence would be by a court of 23, investigation²⁷⁰An exact investigation into the circumstances of the crime; the evaluation of the evidence is within the purview of the court. and cross-examination²⁷¹The determination when, where, and how the crime was committed. Discrepancies in testimony about these questions make prosecution impossible; cf. Mishnah 5:1–2., so the ox’s death sentence is by a court of 23, investigation and cross-examination²⁷²Mekhilta dR. Simeon ben Ioḥai 21:29..

MISHNAH: A bull which gored a human who then died, if it is notorious [the owner] pays weregilt⁶⁶Ex. 21:30., if tame he is not liable for weregilt; in both cases they have to be killed⁶⁷Ex. 21:28,29.. The same holds for a son or a daughter⁶⁸There is no difference whether the victim was adult or underage. The statement is only necessary since the verse, Ex. 21:31, stresses that the same rules apply to underage as to adult victims.. It it gored a male or female slave, [the owner] pays 30 tetradrachmas⁶⁹Ex. 21:32., whether he was worth a mina or was worth only a gold⁷⁰This reading is also found in some Babli mss., Alfasi, and the Naples print of the Mishnah. In other texts: “one (silver) denar”. denar.