Bagian Terkait Ulangan 17:6

Rebbi Abbahu asked. According to Rebbi²⁰Who in Tosephta 1:1 requires five judges to hear civil cases., should not civil suits be heard by five; should sentence not be passed by 23²¹Rebbi probably also will agree that common practice was to hear cases by a panel of three judges. If one already deviates from traditional practice, should not Num. 35:29 be interpreted as requiring identical procedural law for both civil and criminal cases?? It was found stated by (Rebbi)²²Probably one should read דבי instead of (רבי) ר׳ and translate “the House of Hizqiah,” referring to one of the twin sons of the Elder Rebbi Hiyya, known as the last person who formulated baraitot. The fourth generation Rebbi Hizqiah would be much too late. The baraita is found in both Mekhiltot (dR. Ismael, ed. Horovitz-Rabin p. 323, dR. Simeon ben Iohai ed. Epstein-Melamed p. 214.) Ḥizqiah: Since the Torah said, kill by a vote of the majority²³Majority rule for judicial sentences is introduced in Ex. 23:2: “to bend after the many.” The same verse forbids a guilty verdict by a simple majority: “Do not follow the majority in bad things.” Since the plural used for “many” implies at least two, it follows that a guilty verdict by a majority of one is an acquittal, while by a majority of two it is a guilty verdict., kill by the testimony of witnesses. Since witnesses must be two²⁴Since unanimity is not required, the court would have to be composed of at least 4, hence 5, members. The majority accepts this interpretation of Ex. 23:2 for criminal cases only., a majority also must be two²⁴Since unanimity is not required, the court would have to be composed of at least 4, hence 5, members. The majority accepts this interpretation of Ex. 23:2 for criminal cases only.. No court can be even-numbered; one adds another one. This makes five.

HALAKHAH: “Ten cubits’ distance from the place of stoning,” etc. You find that when Achan stole from the ban, Joshua started supplicating before the Holy One, praise to Him, and said: Master of the Universe, inform me who is the man. The Holy One, praise to Him, answered: I never publicize any creature. In addition, would I not be guilty of slander²⁸Babli 11a, 43b. An expanded version in Tanhuma Masˋe 5.? But go and let Israel stand up by its tribes and throw lots, then immediately I shall draw him out. That is what is written: Joshua got up early in the morning and summoned Israel by its tribes. Achan ben Karmi ben Zeraḥ from the tribe of Jehudah was caught²⁹Jos. 7:16.. Achan told him, how? Do you catch me by lots³⁰The entire procedure described in Jos. 7:16–26 cannot be justified either in pentateuchal or in rabbinic law.? There is nobody more pious in the present generation than you or Phineas. Let lots be thrown between you, certainly³¹Greek πάντως. The outcome of drawing of lots is essentially predetermined by the set from which the lot is drawn. one of you will be caught. Not only this, but your teacher Moses died only 30 or 40 days ago. Did not our teacher Moses instruct us: By the testimony of two witnesses³²Deut. 19:15.? You started erring. At that moment did Joshua have a vision by the holy spirit how he distributes the Land to Israel by lots. That is what is written: Joshua threw lots for them³³Jos. 18:10.. This means, we are giving lots a bad name. Not only this, but if lots are confirmed now, all of Israel will say, since the lots were true in criminal matters, so much more in money matters. But if they are repudiated now, all of Israel will say, since the lots were repudiated in criminal matters, so much more in money matters. At that moment, Joshua started supplicating Achan, entreated him in the name of Israel’s God, and said to him: my son, honor the Eternal,the God of Israel, … Achan answered Joshua and said, in fact²⁶Jos. 7:19–20.. What means אָמְנָה? Truth³⁴Deriving אמנה from the root אמן.. I sinned against the Eternal, God of Israel. He told him, I asked you for one and you are answering me two³⁵Referring to the doubling such and such in v. 7:20.? he answered, I stole from the ban of Midian and the ban of Jericho. Rebbi Tanḥuma said, he stole from four bans: The ban of the Phoenician, king of Arad, the ban of Siḥon and Og, the ban of Midian, the ban of Jericho. From where that his confession atoned for him? It is said³⁶The assassin of king Ela, 1K. 16:10. In Jos. 7:19, the son of Zerah and father of Carmi is called Zavdi, not Zimri. This underlies the talmudic doctrine that all of Chronicles is to be explained alegorically., the sons of Zeraḥ: Zimri and Ethan, etc. Rebbi Joshua ben Levi said, Zimri is Achan who behaved like Zimri³⁷The assassin of king Ela, 1K. 16:10. In Jos. 7:19, the son of Zerah and father of Carmi is called Zavdi, not Zimri. This underlies the talmudic doctrine that all of Chronicles is to be explained alegorically.. Rebbi Samuel bar Naḥman said, Heman³⁸Aramaic הֵימָן is Hebrew נֶאֱמָן, cf. Note 34. that is Achan, omna I sinned. Altogether five. Did I not know that they were five³⁹Since the verse enumerates five sons of Zerah.? But it teaches that Achan also has part in the World to Come⁴⁰Since he is counted together with Ethan and Heman, the composers of psalms. Tosephta 9:5..