וְאִ֡ם שׁוֹר֩ נַגָּ֨ח ה֜וּא מִתְּמֹ֣ל שִׁלְשֹׁ֗ם וְהוּעַ֤ד בִּבְעָלָיו֙ וְלֹ֣א יִשְׁמְרֶ֔נּוּ וְהֵמִ֥ית אִ֖ישׁ א֣וֹ אִשָּׁ֑ה הַשּׁוֹר֙ יִסָּקֵ֔ל וְגַם־בְּעָלָ֖יו יוּמָֽת׃
Tetapi jika lembu itu memang sudah biasa menanduk sejak kemarin dan kemarin dulu, dan pemiliknya telah diperingatkan di hadapan saksi-saksi, tetapi ia tidak menjaganya, lalu lembu itu membunuh seorang laki-laki atau seorang perempuan, maka lembu itu harus dirajam dengan batu, dan pemiliknya pun harus mati.
Jerusalem Talmud Bava Kamma
Is it subject to a declaration of notoriety in a matter extraneous to its body18The verse makes a clear distinction between “harmless” cattle, which are not known to gore humans, and “notorious” cattle which have a history of such attacks. If a “harmless” animal kills a human, it must be killed (Ex.21:28). If a “notorious” animal kills, it must be stoned and the owners have to pay weregilt (Ex. 21:29–30). Since there is a difference in legal status, the notoriety of an animal must be based on a judicial finding. Now these rules apply to all attacks which are classified as “horn”, i. e., those enumerated in Mishnah 1:4. The question is whether the rules extend to damages caused by “tooth” and “foot”; e. g., whether an animal can be declared dangerous because it has a way to send pebbles flying wherever it walks, which would make its owner liable for full damages in all cases.? Rebbi Ze‘ira said, one accepts. Rebbi Illa said, one does not accept. Rebbi Ze‘ira said, a baraita disagrees with him: An ox which rubs itself against a wall19If the animal pushed against the wall the way it would push an unfriendly other animal, that clearly would be a “hit” as defined by Mishnah 1:4 and be classified as “horn”, or, in the language of the baraita, “by its body”. But here it is assumed that the animal rubs to free itself from fleas or otherwise for its comfort, not in any agressive way. Cf. Mishnah 4:7 (Tosephta 4:5); Babli 44a. which fell on a human and killed him is obligated for weregilt but free from death20This does not agree with any case of “horn”; cf. Note 18.. Does there exist weregilt for a harmless animal21Since weregilt is only required for killings by notorious animals, the baraita accepts that declarations of notoriety are possible for behavior not classified as “horn”.? But it does not disagree with Rebbi Illa22Since an animal causing death of a human has to be killed, whether harmless or notorious, it is clear that the statement of the baraita cannot be derived from the rules of “horn”. But then the previous argument about weregilt does not apply.. Why is it free from death if it was notorious to destroy walls? When it destroyed it, no human was there23Even if the animal attacked the wall as if it were a hostile animal, and the incident has to be classified as “horn”, it cannot be killed if its attack only weakened the wall which collapsed at some later time, when the attacking animal already had stopped pushing.
Also in the Babli, 18b, the question is decided in R. Illa’s sense..
Also in the Babli, 18b, the question is decided in R. Illa’s sense..
Jerusalem Talmud Sanhedrin
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.
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.
Jerusalem Talmud Sanhedrin
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..