Levítico 5:8 Referencias del Talmud: Jerusalem Talmud Sanhedrin, Jerusalem Talmud Sotah, Jerusalem Talmud Megillah & Jerusalem Talmud Nazir

HALAKHAH: “The order of beheading,” etc. ⁴¹Babli 52b; Tosephta 9:11.“Rebbi Jehudah agrees that there is no death uglier than this but the Torah said⁴²Lev. 18:3., in their statutes you shall not walk.” Rebbi Joḥanan said, also it was stated thus: One shall murder the murderer⁴³Num. 35:30: Any homicide; following witnesses one shall murder the murderer., the way he murdered. I could think that if he killed with a sword, one should kill him with a sword, with a rod one should kill him with a rod? Avenging is written here⁵Ex. 21:20. The slave slain by his master shall be avenged. Babli 52b; the Babli text in Mekhilta dR. Ismael p. 273, dR. Simeon bar Iohai p. 175., and there it is written: I shall bring over you a sword which avenges the vengeance of the Covenant⁶Lev. 26:25.. Since avenging mentioned there is by the sword, also avenging mentioned here is by the sword. I could think that he⁴⁴The avenger. should kill him between the arms? It is said here⁴⁵Deut. 19:19. Since this refers to perjured witnesses, it includes all kinds of death penalties., you shall eliminate the evil from your midst, and it is said there⁴⁶Deut. 21:9., you shall eliminate the innocent blood from your midst. Elimination, elimination; breaking the neck, breaking the neck⁴⁷By the doctrine of invariability of lexemes the meaning of “elimination” must be the same in Deut. 19:19 and Deut. 21:9. That of “breaking the neck” in Deut. 21:4 is defined by “neck” in Lev. 5:8. Since elimination in Deut. 21 is by breaking the neck, Deut. 19:19 also must refer to the neck. Since strangulation is not mentioned in the Pentateuch, the only method of execution to which this may refer is beheading.. Since elimination here is at the neck, also there it is at the neck. Since breaking the neck there implies chopping off the head, also here chopping off the head.

²⁹⁸Ševuot 15b, the entire paragraph. How did the processions go? The elder Rebbi Ḥiyya and Rebbi Simeon ben Rebbi. One said, one opposite the other; the other said, one after the other; both are explaining the same verse: The second thanksgiving sacrifice went לְמוּל and I after it²⁹⁹Neh. 12:38, in MT למואל. According to Gesenius, one has to read מוּאל as contraction of מֵאֲוַל “not first, not with it”. This justifies both meanings quoted here, “opposite” and “after”.. He who said, one opposite the other, and he dwells opposite me³⁰⁰Num. 22:5.. But he who said, one after the other, he should break off its head behind its neck³⁰¹Lev. 5:8.. For him who said, one opposite the other, it turns out that every place was purified by one thanksgiving sacrifice³⁰²In principle, one sacrifice would suffice if the procession went around the entire wall.; for him who said, one after the other, it turns out that every place was purified by two thanksgiving sacrifices³⁰³Since we do not expect two sacrifices for the same purpose, one has to find differences of purpose for the two.. For him who said, one after the other, this is correct following what he had stated: “the inner one is being eaten, the outer one is being burned.³⁰⁴Tosephta 3:4, Megillat Taˋanit 6. The Babli, loc. cit. ²⁹⁹ suggests that the first makes sacrifices possible; therefore, it has to be burned outside the Temple. The second one then is a legitimate thanksgiving sacrifice, most of which has to be eaten by the priests as public well-being sacrifice (Mishnah Zevahim 5:5).” For him who said, one opposite the other, what is the inner one? The one closer to the Temple. Rebbi Yasa in the name of Rebbi Joḥanan: It was eaten on the instruction of a prophet³⁰⁵Who defined the meaning of “inner” and “outer”?. Rebbi Zeˋira said, they state there: Since a prophet is there, for what do I need Urim and Tummim³⁰⁶The nature of the Urim and Tummim oracle already was no longer known when the Second Temple was built; Nehemiah (7:65) uses the expression “the coming of a Cohen with Urim and Tummim” assynonym with “the coming of the Messiah.” The requirement of Urim and Tummim disqualifies all parts of Jerusalem not forming part of Solomon’s city.? It was found stated: Rebbi Jehudah says, Urim and Tummim are needed³⁰⁷In the Babli, Ševuot 16a, it is a dispute among Babylonian Amoraïm whether Nehemiah’s ceremony, without king and oracle, was a valid dedication of the rebuilt city of Jerusalem or whether it was a token ceremony to re-establish the intrinsic sanctity of Jerusalem created by Solomon’s Temple. The quote here, from an otherwise unknown baraita, qualifies the second opinion as minority opinion of a Tanna..

Does he break its neck until he has cut two blood arteries¹²⁷The carotid arteries leading to the brain and the windpipe which must be cut in ritual slaughter. or most of them? Let us hear from the following, that Rebbi Ze‘ira said, Rav Jehudah in the name of Samuel: Any place the bottom of the neck is acceptable for slaughtering, the back of the neck is acceptable for breaking¹²⁸This breaking, מְלִיקָה, is done by the finger nail on the neck of a pidgeon used as a purification offering. Since it says “he may not separate (the head from the body)” (Lev. 5:8), it is clear that the Cohen has to cut the arteries and the windpipe. In the absence of an indication to the contrary, this requirement may be transferred to the breaking of the calf’s neck.; here he would say the same.