Talmud su Deuteronomio 13:78

MISHNAH: The following are to be burned: one who copulates with a woman and her daughter,¹Lev. 20:14. and the daughter of a Cohen who committed adultery²Lev. 21:9.. In the category of a woman and her daughter are included his daughter, his daughter’s daughter, his son’s daughter, his wife’s daughter, her daughter’s daughter, and her son’s daughter³Lev. 18:17 includes relations with a woman and her granddaughter with the prohibition of a woman and her daughter. The Mishnaiot in the Babli and most independent Mishnah mss. include mention of the mother and the grandmother-in-law. This is logically redundant.. The following are to be beheaded: the murderer,⁴Chapter 7, Note 4. and the inhabitants of a seduced town⁵Deut. 13:16; Halakhot 7:1,10:7,8..

MISHNAH: But the following are strangled¹Since no particular form of execution is prescribed for them.: One who hits his father or his mother²Ex. 21:15., and one who kidnaps a person from Israel³In order to sell him or her as a slave, Ex. 21:16, Deut. 24:7., and the Elder who rebels against the Court⁴The Supreme Court sitting in the Temple court. Deut. 17:12., and the false prophet⁵Deut. 18:20–22., and one who prophesies in the name of foreign worship⁶Deut. 13:6., and one who copulates with a married woman⁷Deut. 22:22. This also applies to the woman., and the perjured witness of a Cohen’s daughter and her paramour⁸Even though the adulterous daughter of a Cohen is burned, there is no verse to apply the same punishment to the adulterer. Since witnesses to adultery are witnesses simultaneously to both parties, they cannot be punished more than the adulterer would be..
One who hits his father or his mother is not punishable unless he inflict a wound on them. The following is more aggravating about one who curses¹⁵Father or Mother; Mishnah 7:14. than one who hits, in that one who curses is punishable even after death, but one who hits after death cannot be prosecuted.

HALAKHAH: “Both civil suits,” etc. Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.⁵While the Mishnah requires the same kind of cross-examinations and determinations in civil as in criminal cases, R. Johanan holds that by rabbinic fiat, witnesses in civil cases are not to be subjected to cross-examinations that stray from the main topic. While it is necessary in criminal trials to disqualify any witness whose testimony is not 100% consistent (since God has promised to punish every evildoer who escapes human justice,Ex. 23:7), excessively rigid standards in civil cases would prevent most owners of capital from lending it, therefore leading to the ruin of the poor. It is in the public interest that claims be swiftly and easily adjudicated. The question quoted (Mishnah 3:9) is the paradigm for any questions to be asked.” Rebbi Ḥiyya bar Abba asked before Rebbi Yasa⁶One has to read יסא for יוסי. R. Hiyya bar Abba was R. Yasa’s student and R. Yose’s teacher’s teacher.: What does one do in practice? He answered, following Rebbi Joḥanan, as Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.” Ze‘ir bar Ḥinena in the name of Rebbi Ḥanina and Rav Jehudah, one said: You shall cross-examine, investigate, and inquire well⁷Deut. 13:15, referring to a criminal case.. The other said, equity, equity you shall pursue.⁸Deut. 16:20, referring to all judicial proceedings. How is that? If you see that the verdict will be the truth, investigate it⁹In criminal cases, there is an obligation on the judges to ascertain the truth as well as possible. In the Babli, 32a, the duty to careful investigation is emphasized in all cases where the judges suspect foul play by one of the parties; cf. Note 10.; otherwise, act in equity.¹⁰In civil cases, the judges have to ascertain that the judgment be equitable.

From where the seven investigations? Samuel the Elder stated before Rebbi Aḥa: You shall inquire, investigate, ask in depth, and behold, the matter is well founded¹⁰Deut. 13:15. The judicial inquiry is described by seven words.. He told him, this verse does not work¹¹At least another word has to be added to reach the next dividing accent; stopping at נָכוֹן is unjustified. On the other hand, the two words דָּרַשׁתָּ הֵיטֵב represent a single notion.; but: you shall inquire, investigate, ask in depth; it will be told to you, you shall listen, ask in depth¹²Deut. 17:4.. In depth, in depth for an equal cut, to require in each case listening, asking, inquiry, and investigation¹³Both verses 13:15 and 17:4 mention five notions each of inquiry; eliminating the words appearing twice one is left with seven different words. Babli 40a, Sifry Deut. 93.. Rebbi Isaac asked about this: If they caught an armed robber in Tiberias and said, this is the murderer, this is the murdered; why does this need seven investigations¹⁴Is the situation not obvious?? Issi said, any time that the witnesses could not be proven perjured, the murderer cannot be executed on that testimony¹⁵Since perjured witnesses in a capital case can be executed if it was shown that they could not have seen the act since at the pretended time they were at another place, a criminal trial can proceed only if the witnesses can be made to testify about the exact time and place where the observed criminal act took place..

Rebbi Abbahu in the name of Rebbi Yose ben Ḥanina: The rabbis explain that the inhabitants of a seduced city¹⁸A city which by vote of city council and population decides to become pagan. Its inhabitants have to be killed by the sword (Deut. 13:13–19). Individual apostates to paganism have to be stoned (Deut. 17:5). should have been included in the category of idolaters, by stoning. They were treated to a less painful way of execution; that should be by burning¹⁹Just one degree less than stoning.. It is not enough that you decree for them an easier death by burning, but should you have them judged by the easiest way, by strangulation²⁰This is the rabbis’ argument to prove that beheading is worse than strangulation. If the punishment of the inhabitants of the seduced city were the easiest way of execution, the verse simply should have decreed the unspecified death penalty. Since beheading was specified, it must be worse than the unspecified death penalty.
The reason behind the argument is R. Ismael’s tenth hermeneutical principle [Sifra Wayyiqra Pereq 1(2)], that special treatment for a crime already treated in general always expresses a leniency, not greater strictness.? Rebbi Simeon explained: The false prophet²¹Deut. 13:2–6. He is described as a missionary for paganism; his sentence is “death” which means strangulation for the rabbis and beheading for R. Simeon. should have been included in the category of idolaters, by burning²²This makes no sense since it contradicts Deut. 17:5. The first two sentences of the argument attributed to R. Simeon are simply taken from the rabbis’ argument with stoning and burning switched, even though the argument is irrelevant.. He was treated to a less painful way of execution, which should be by stoning. It is not enough that you decree for them an easier death by stoning, but you have him judged by the easiest way, by beheading²³Since the rabbis must agree that the false prophet be executed in the least painful way, they agree that once a punishment is reduced, it may be reduced to the lowest level; the rabbis’ argument in Note 20 is contradicted. The mention of death by the sword in Deut. 13:16 may be an example of the third hermeneutical rule, “a general principle exemplified once”..

⁴⁸To this and the following paragraph there exists an almost parallel text in Sanhedrin 6:9 (ן), an enlarged version in the Babli Yebamot 78b–79a and Num.rabba 8(4), and a shortened version in Midrash Samuel 28[5].[“The dedicated ones”]⁴⁹Reading of G; in L: “It was stated”. The following text deals with the identity of “the dedicated ones”, their exclusion from the Jewish marriage community, and proof that they were among the returnees from Babylon.. Rebbi Immi in the name of Rebbi Joshua ben Levi, because of: “At that moment Joshua dedicated them as hewers of wood and drawers of water for the congregation.⁵⁰Jos. 9:27.” One understands “for the congregation.” But “for the Eternal’s altar”⁵¹This is also mentioned in Jos. 9:27, but the service in the Tabernacle is reserved for priests and Levites. The statement is interpreted to mean that their status will only be determined when the Eternal’s altar is given its permanent place.? But Joshua kept them in limbo. He said, I shall not include nor exclude them. But he who sometime in the future will build the Temple, if he wants to include them he may include, exclude them he may exclude. David came and excluded them as it is said⁵²2S. 21:2.: “But the Gibeonites are not part of the Children of Israel.” Why did he exclude them? Because “⁵³2S. 21:1. there was a famine in David’s time, three years year after year.” David said, for four sins⁵⁴In ן “three” and this also seems to be the reading underlying the Babli’s version and Pirqe R.Eliezer Chapter 17. The number is 4 in Ta‘anit 3:3 (66c 1. 29). the rains are locked away. For the sins of foreign worship, incest and adultery, murder, and the sins of those who publicly promise money for welfare but do not pay. From where for the sin of foreign worship? “⁵⁵Deut. 11:16–17. Beware, lest you be seduced” etc. What is written afterwards? “The Eternal’s rage will be inflamed against you and he locks the sky, etc.” From where for the sins of the incestuous and adulterers? “⁵⁶Jer. 3:2–3. While the prophet obviously speaks of Baal worship, all his imagery is that of sexual transgressions. Quoted in the name of R. Jehudah in Sifra Qedošim Pereq7(4). You distorted the Land by your immorality and your evil deeds.” What is the punishment? “Rainshowers were withheld, there was no late rain,” etc. From where because of the murderers? “⁵⁷Num. 35:33. Because blood will distort the Land.” From where for the sins of those who publicly promise money for welfare but do not pay? “⁵⁸Prov. 25:14. In the name of different Amoraim in the Babli, Ta‘anit8b, Midrash Prov. 25(14). Clouds and wind but no rain means the man who prides himself by lying gifts.” David checked his entire generation and did not find one of these. He turned to ask the urim and tummim. That is what is written: “⁵³2S. 21:1. David asked before the Eternal” by urim and tummim.⁵⁹In MT, there is a lacuna in 2S. 21:1 between “David asked before the Eternal,” and “The Eternal said, because of Saul and the House of blood guilt.” It is explained that he asked by applying the urim and tummim oracle. In the Babli and the sources dependent on it, R. Eleazar explains that “asking before the Eternal” means applying the urim and tummim oracle since in Num. 27:21 it says, “before Eleazar the priest he shall stand and ask the urim and tummim.” Rebbi Eleazar said, “Ask the Eternal, all the meek of the Land, who execute His Law.⁶⁰Zeph. 2:3. The homily is slightly more explicit in the Babli, where it is credited to R. Simeon ben Laqish. It addresses a seeming inconsistency in 2S. 21:1 where God’s answer is that the famine is a punishment for two crimes, the first “about Saul” and the second “about the House of blood guilt because he killed the Gibeonites.” The verse of the prophet is read to mean that even at the moment a person is judged for his misdeeds his “works”, his good deeds, are mentioned in the Heavenly court. But here the sin “about Saul” was not Saul’s but David’s and the entire people’s since they let him be buried in Transjordan and did not bring him to his proper burial in his ancestral land until prodded by the absence of rain (2S. 21:14, where the coming of rain is described as a direct consequence of the proper burials given to Saul and Jonathan.)” What means “Whose Law is Work”? He enforces His Law and this is His Action⁶¹While the Babli certainly reads with the Masoretes פָּעָלוּ, it might be that the Yerushalmi reads פָּעֳלוֹ.. “⁵³2S. 21:1. The Eternal said, because of Saul and the House of blood guilt.” “Because of Saul,” whom you did not grant the last favor, “and because of the House of blood guilt, for he had killed the Gibeonites.” David sent and called them, what is between you and the house of Saul? They told him, because he killed seven of our men, two hewers of wood, two drawers of water, a religious leader, a scribe, and a beadle. He asked them, what do you want now? They said to him: “⁶²2S. 21:6. May there be given to us seven men of his sons and we shall hang them before the Eternal on the hill of Saul, the elected of the Eternal.” He said to them, what use is it for you that they be killed? Take silver and gold for yourselves! But they answered, ⁶³2S. 21:4.“there is no money for us from Saul and his house.” He said, maybe they are afraid⁶⁴In ן: They are afraid one in front of the other (to accept blood money).; he separated them and spoke to each one separately, trying to mollify him by himself, and asked him: What use is it for you that they be killed? Take gold and silver! But he said, “there is no money for us from Saul and his house.” It is written “for me”⁶⁵In 2S. 21:4, the Ketib is “for me” but the Qere “for us”. The homily explains both readings; both are correct.. At this moment, David said that the Holy One gave three good gifts to Israel: They are merciful, decent, and charitable⁶⁶In addition to the sources mentioned in Note 48, the following is also in Midrash Psalms 1,17.. From where that they are merciful? “He gave you mercy⁶⁷Deut. 13:18..” From where that they are decent? “That His fear should be on your faces.⁶⁸Ex. 20:20.” This is a sign, for a decent person does not sin. About anybody indecent it is clear that his ancestors did not stand on Mount Sinai. From where that they are charitable? “The Eternal, your God, kept for you covenant and charity.⁶⁹Deut. 7:12.” But these, nothing of this in found in them. Immediately he went to exclude them as it is said: “But the Gibeonites are not of the Children of Israel.⁵²2S. 21:2.” And Ezra also excluded them, as it is said: “And the dedicated ones dwelt in the Ophel.⁷⁰Neh. 3:26, 11:21. The emphasis is on their dwelling separately.” Also in the future the Holy One, praise to Him, will exclude them as it is written: “One crossing the city they cause to be lost.⁷¹This quote (as well as the version of G) is clearly corrupt; it telescopes a quote and its interpretation into one sentence. The correct text is in ן:
וְהָעוֹבֵד הָעִיר יַעַבְדוּהוּ מִכֹּל שִׁבְטֵי יִשְׂרָאֵל.
יַאֲבִידוּהוּ מִכֹּל שִׁבְטֵי יִשְׂרָאֵל.
(Ez. 48:19) “The city worker will cultivate it, from all the tribes of Israel.” (Interpretation) ‘He will cause him to be lost from all the tribes of Israel.’
Ezechiel, in his description of the future Israel, gives Jerusalem a strip of land from the Meditteranean to the Dead Sea, which will be cultivated by the Temple workers to provide food for the city. The verse is taken out of context and, in Galilean dialect, ע and א are identified, changing “cultivate” into “getting lost”. The city worker is the dedicated one.”

²²The entire paragraph has a parallel in the Babli, 54b. Anything received in barter for an idol must be destroyed as if it were the idol itself. Everybody agrees that substitutes are forbidden. What about substitutes of substitutes? Rebbi Ḥanina said, a disagreement between Rebbi Ismael and the rabbis. Rebbi Ismael ben Rebbi Yose said, forbidden. But the rabbis say, permitted. Rebbi Eleazar ben Hoshaia, the reason of the rabbis, you would be banned like itself²³Deut. 7:26.. Anything which you can keep from it is like itself²⁴Any proceeds are like the idol itself. But nothing is said about proceeds for barter of the proceeds.. What about it? Rebbi Yose ben Rebbi Bun said, like itself, like itself two times²⁵The expression חֶרֶם כָּמוֹהוּ appears only once in the biblical text. The argument gives the reason for R. Ismael ben R. Yose’s position. If the proceeds obtained by barter for an idol are an idol, then the proceeds in barter for the proceeds are also an idol; in effect, the prohibition never stops., because of nothing should cling to your hand from the ban²⁶Deut. 13:18..

They answered on the words of Rebbi Yose ben Jehudah: If so, there is no end to it. If he is believed, he declares his jealousy (before two) [by himself]³²The text (in parentheses) is an obvious error but it appears also in the Rome ms. The translation [in brackets] is a conjectured emendation.
The problem is that according to R. Yose ben R. Jehudah’s version, the husband may state that he had declared his jealousy without the wife having a possibility of disproving his claim. He may then plant witnesses and trick her into being alone with another man in order to divorce her without payment., brings witnesses that she was in a secluded place and disables her from receiving the ketubah³³The marriage contract specifying the monetary obligations of the husband towards his wife and her children. The same argument is given in the Babli, 2b.. Rebbi Yose said, what business did she have in a secluded place³⁴Being alone with another man is misbehaving. It is stated in Mishnah Qiddushin 4:12 that a woman, other than his mother or daughter, may not be alone with man to whom she is not married (unless the latter’s wife is close by). Why should the husband not be able to divorce her through her fault?? But it refers to the statement in the Mishnah³⁵The Mishnah’s version of R. Eliezer’s position. In R. Yose ben R. Jehudah’s version, at least the fact of the wife’s misbehavior must be established in court by two witnesses subject to cross-examination. But in the Mishnah’s version, two witnesses are needed only to certify the relatively minor fact of the declaration of jealousy but after that, the husband can deprive the wife of her ketubah money simply by stating that she misbehaved. This contradicts all rules of procedure in civil cases. The same argument is given in the Babli, 2b.. Is he believed to declare formally his jealousy and then say that she was in a secluded place and disable her from receiving her ketubah? Rebbi Mana said, even for that other Tanna³⁶R. Yose ben R. Jehudah. it is [a] valid [objection], following him who says that he may declare his jealousy in respect to her father or her son. Is he believed to declare his jealousy with respect to her father and her son, can he then bring witnesses that she was in a secluded place with them and disable her from receiving her ketubah? If you ask, what business did she have in a secluded place? The Torah permitted her to be in a secluded place, since Rebbi Joḥanan said in the name of Rebbi Simeon ben Ioḥai, it is written³⁷Deut. 13:7. The verse mentions maternal halfbrother, son, daughter, and wife, as persons who may be in a hidden place with him. In the Babli Qiddushin 80b, R. Joḥanan is quoted in the name of R. Ismael, in Sanhedrin 21b and Avodah Zarah 36b in the name of R. Joḥanan’s teacher R. Simeon ben Yehoṣadaq.: “If your brother, your mother’s son, incites you, etc.,” Your daughter, in secret; your mother, in secret; a man may be alone with his mother and dwell with her³⁸This is not explicit in the verse but is inferred from the involved description of “your brother, your mother’s son”; it is spelled out in the Babli, loc. cit., with his daughter and dwell with her, with his sister but may not dwell with her³⁹She is not mentioned in the verse..

MISHNAH: If somebody finds vessels and on them the form of the sun, the form of the moon⁷⁹According to Maimonides, not circles representing sun and moon but their astrological representation., the form of a dragon⁸⁰Greek δράκων, -οντος, ὁ, also “dragon-shaped jewellery”., he should bring them to the Dead Sea⁸¹Made from precious metals. All others fall under the category of “contemptible”.. Rabban Simeon ben Gamliel says, on honored ones⁸²Deut. 13:18. it is forbidden, on contemptible ones permitted. Rebbi Yose said, he grinds them and disperses them into the wind or throws them into the Sea. They told him, but then it becomes fertilizer and it was said, nothing of the ban should cling to your hand⁸³While they are divinities, they are not actively worshipped..

As we have stated there⁷⁸MishnahZevaḥim 8:10.: “[Blood] to be given in one batch etc. Rebbi Eliezer said to him, would you not transgress do not diminish? Rebbi Joshua answered him, would you not transgress do not add?⁷⁹Deut. 4:2,13:1.” He said to him, it is better to violate a prohibition that was not caused by me than a prohibition which will come before me.]

Did we not state: “Eye medication from a pagan temple is forbidden to use?”¹⁶⁴This implies that eye medication is valuable; why should it be free from heave and tithes? There is a difference, since it is written (Deut. 13:16): “Nothing banned should stick to your hands.” What is the difference between this and grape skins from Gentiles? Are these not also forbidden to use¹⁶⁵Since the pagan Gentile is assumed to have offered a libation from his newly pressed wine to his gods, all pagan wine is forbidden for any use whatsoever. (This is different from the prohibition to drink any Gentile wine, even from non-pagans.)? But dried skins are not forbidden because of idolatrous use¹⁶⁶As stated in Mishnah Avodah zarah 2:4, skins remaining after pressing grapes for wine are forbidden to use if moist but not if completely dry. The question is not answered, probably because the answer is obvious: totally dry eye medication is unusable..

MISHNAH: Proclos ben Ploslos¹¹⁰In the Babli פלוספוס which can be read פִלוֹסֳפוֹס “philosopher”; in the Venice edition of Alfasi פלופלוס, but in most sources, including Maimonides’s autograph Mishnah Commentary the name is written as in the Yerushalmi Mishnah. asked Rabban Gamliel in Acco when he was taking a bath in the Bath of Aphrodite¹¹¹According to Maimonides there is no problem since Aphrodite is the symbol of the planet Venus, which was exempted from the general prohibition of pagan symbols in Halakhah 3 Note 83.. He said to him, it is written in your Torah, nothing banned should stick to your hand¹¹²Deut. 13:18.: why are you bathing in the Bath of Aphrodite? He said to him, one does not answer in the bath¹¹³One may not discuss religious subjects while naked. Cf. Berakhot 2:3 Notes 116–119.. When he left he told him, I did not come into her domain, she came into my domain. One does not say, the bath was built as adornment for Aphrodite but one says, Aphrodite was made as adornment of the bath.
Another explanation. If one gave you lots of money, would you enter your temple naked, after an emission, or urinating before it? But this one stands over the sewer and everybody is urinating in its presence. It only says their gods¹¹⁴Deut. 12:30; the verse which is the basis of Mishnah 6.; what is treated as a divinity is forbidden, what is not treated as a divinity is not forbidden.

BARAITHA. Let your words be for the sake of Heaven,¹[For ‘Heaven’ as a synonym for God, cf. Marmorstein, The Old Rabbinic Doctrine of God, I, pp. 105ff.] love Heaven, fear Heaven; be eager and rejoice in all the commandments.²The words in brackets are added from DEZ II. In the first section of this chapter, the Baraithoth and Gemara are not separated. For the sake of clarity they have been separated on the basis of DEZ I, 21.
GEMARA. What means [‘for the sake of Heaven’]? One should not act in such a way that people will say of him, ‘So-and-so does this publicly’.³i.e. to display his merits, but let him act disinterestedly. And do not speak of ‘love [Heaven]’ but ‘pursuit [of Heaven]’, as it is written, After the Lord your God shall ye walk.⁴Deut. 13, 5. But is it possible for a man to walk after God seeing that it is written, For the Lord thy God is a devouring fire?⁵ibid. IV, 24. [He does so] by benefiting scholars and righteous men [from his means].⁶Cf. Keth. 111b (Sonc. ed., p. 720): ‘One who benefits scholars from his estate is regarded by Scripture as if he had cleaved to the Divine Presence’. ‘Be eager.’ Let your heart rejoice in beautifying⁷i.e. performing a religious act in the most beautiful manner. every precept.
BARAITHA. Be like a split bottle and like a deep garden-bed.
GEMARA. What need is there for the Baraitha to repeat this?⁸This has already been stated in III, 5 It was necessary because otherwise you might have thought that this refers [only] to words of Torah and as for the commandments it would be self-evident. On the contrary, it was necessary [to repeat it] here.

Rebbi Ismael did formulate: In the Torah there are forbidden matters and permitted matters. There are easy parts and severe parts. But in the words of the Sages all are severe¹⁸⁴Since their essential duty is to build “a fence around the Law”, it is in the nature of the institutions of the Sopherim, the men of the Great Assembly headed by Ezra and their successors before the period of the Rabbis, to be more restrictive than the original precepts of the Torah.. You can realize that this is so since we have stated (Mishnah Sanhedrin 11:5): “If he¹⁸⁵The Mishnah speaks about the זקן ממרא, the rebellious religious leader, who does not accept the rulings of the supreme court sitting in the Temple court. If he asserts something that goes against the text of the Torah, he is not dangerous and not criminally liable since every child that has learned to read realizes his error. But if he asserts something in contradiction to an authoritative teaching of the oral law asserted by the Synhedrion, then he has committed a capital crime.
In the Babli, the reference is to Mishnah Sanhedrin 10:5. The interpretation of the law is much more restrictive in the Babli than in the Yerushalmi. says there is no obligation of Tefillin against the words of the Torah he is not criminally liable. If he says that Tefillin have five sections, to add to the words of the Sages, he is guilty.” Rebbi Ḥananiah, the son of Rebbi Ada¹⁸⁶A preacher of the fourth generation of Galilean Amoraïm whose name is quoted also as Ḥanina or Ḥinnena. His teacher R. Tanḥum bar Ḥiyya was from Kefar Agin (Umm Junia) South of the Sea of Galilee., in the name of Rebbi Tanḥum the son of Rebbi Ḥiyya: The words of the Sages carry more weight than those of the prophets, since it is written (Micah 2:6): “Do not preach, they preach; Do not preach to those, that shame does not reach you.¹⁸⁷Only false prophets will preach to such a generation, whereas the true prophet gets his orders from God not to preach. According to Rashi, טיף means “speak about your visions”, rather than the commonly used “preach”.” And it is written (Micah 2:11) “I shall preach to you for wine and liquor.”¹⁸⁸The real inference is from the rest of the verse that is not quoted but assumed to be known to every student: “You shall preach to this people.” It follows that the prophet sometimes is ordered to be silent and sometimes to speak but the sage is ordered to teach at all times. The relation of prophet and scholar can be compared to the case of a king who sent two of his palmatars¹⁸⁹The Arukh notes the word but gives no explanation. Mussaphia, in his Notes to Arukh, proposes the impossible Greco-Latin hybrid πόλεμο-- notarius, “secretary of war.” The best explanation seems to be that of A. Kohut, diplomatarius; the first syllable di was interpreted as Aramaic relative pronoun (Hebrew שֶׁ) and, therefore, dropped. Diplomatarius is a late (Byzantine) form of diplomarius, the holder of an imperial diploma, a “doubly folded” imperial order or privilege which gave its holder the right to use the imperial mails for transportation. The two diplomatarii arrive in the province by imperial mail but this does not imply that they are plenipotentiaries (since, sometimes, the privilege of using the mails was given to private citizens.) to a province. About one of them he wrote, if he does not show you my seal and σημαντήθιον¹⁹⁰Hebrew word (חוֹתם) “seal” and its Greek equivalent given as parallels., do not believe him. About the other one he wrote, even if he does not show you my seal, believe him without seal and σημαντήθιον. So about a prophet is written (Deut. 13:2) “He gives you a sign or miracle.” But here it is written (Deut. 17:11): “According to the teachings that they will teach you”¹⁹¹The reference is to the tradition attached to v. 9, that obliges one in cases of doubt to go the the Temple and ask “the judge who shall be in those days”. Since it is impossible to ask a judge who does not live in one’s days, this is taken to mean that any chief judge, even if not the most competent one, has the same status as any other living in another time. (Babli Rosh Hashanah 25b, Sifri Devarim 153)..

Rebbi Ismael stated: In the Torah there are forbidden matters and permitted matters. There are easy parts and severe parts. But in the words of the Sopherim all are severe. You can realize that this is so since we have stated: “He who says that there are no phylacteries, to transgress the words of the Torah, is not prosecutable. Five compartments to add to the words of the Sopherim is punishable.” Rebbi Ḥinena, the son of Rebbi Ada, in the name of Rebbi Tanḥum bar Ḥiyya: The words of the Sages carry more weight than those of the prophets since it is written, do not preach, they preach⁵⁸Micha 2:6.. And it is written, I shall preach to you for wine and liquor⁵⁹Micha 2:11.. The relation of prophet and scholar can be compared to the case of a king who sent two diplomatarii⁶⁰A person authorized to use the imperial mail; Berakhot 1:7 Note 189. to a province. About one of them it was written, if he does not show you my seal and σημαντήριον⁶¹“Seal” in Greek; Berakhot 1:7 Note 190., do not believe him. About the other it was written, even if he does not show you my seal and σημαντήριον, believe him. So about a prophet is written, he gives you a sign or miracle⁶²Deut. 13:2.. But here it is written, according to the teachings that they will teach you⁶³Deut. 17:11..

²⁷⁹Tosephta 2:9, Babli 13a. The king has precedence over the High Priest, as it is written: You shall let my son Solomon ride²⁸⁰1K. 1:33., etc. The High Priest over the prophet, as it is written: There, Ṣadoq the Priest and Nathan the Prophet shall anoint him as king²⁸¹1K. 1:34., etc. He mentioned Ṣadoq before Nathan. Rebbi Jonah in the name of Rebbi Ḥama bar Ḥanina: The prophet folds his hands and feet and sits before the High Priest²⁸²He sits on the floor or the carpet with his feet folded under him.. What is his reason? Listen, Joshua the High Priest, you and your friends who are sitting before you²⁸³Zach. 3:8.. I could think that they were common people; the verse says, because they are men of miracle, and “miracle” only means prophecy, as you say, and he gave you a sign or a miracle²⁸⁴Deut. 13:2..

MISHNAH: The people of a seduced town³⁵¹Who according to Mishnah 9:1 are executed by the sword. have no part in the World to Come, as it is said³⁵²Deut. 13:14.: Useless men³⁵³They left their faith, therefore they cannot receive the reward of the faithful.left your midst³⁵⁴I. e., from their tribe.and seduced the inhabitants of their town as follows. Therefore they cannot be executed unless the seducers be from that town and from that tribe, unless the majority was seduced, unless the seducers were men. If women or minors seduced them, or if a minority were seduced, they are single individuals³⁵⁵They must be prosecuted for idolatry on an individual basis. and need two witnesses and warning for each single one. This is more stringent for individuals than for the multitude since individuals are stoned, therefore their money escapes³⁵⁶It is inherited by the heirs. while the multitude is executed by the sword, therefore their money is lost³⁵⁷It must be destroyed by fire and is forbidden for all usufruct, Deut. 13:17–18..

MISHNAH: Pepper²⁰Rashi holds that פִּלְפֶּלֶת are green peppers in contrast to פִּלְפֶּל which is black pepper. in any amount, ˋiṭran²¹Probably pine sap. in any amount, spices and metals²²Metal bars. in any amount. Of the altar’s dust, of the altar’s stones, of rot of scrolls, of rot of their bindings the most minute amount since one collects them to hide them away²³Because of their intrinsic sanctity, once they become damaged and no longer usable they must be buried. Since they never can be discarded, even a minuscule amount is valuable.. Rebbi Jehudah says, also one who takes out the most minute amount of appurtenances of idol worship, as it is said²⁴Deut. 13:18., nothing of the ban shall cling to your hand.

If a prophet starts to prophesy, one listens to him if he gives a sign or miracle; otherwise one does not listen to him¹¹³Deut. 13:2. It is no disrespect to Heaven if one disregards the sayings of an unqualified prophet.. Two prophets who prophesied indentically, two prophets who prophesied in the same sense¹¹⁴This reading (Pene Moshe) is preferable to reading בְכָרָךְ אֶחָד “in the same fortified place” (Qorban Haˋedah).? Rebbi Isaac and Rebbi Hoshaia: One said, each one has to provide a sign or a miracle; the other said, not each one has to provide a sign or a miracle¹¹⁵But the accredited prophet can legitimate his companion.. The one who said he did objected to the one who said he did not: Is it not written¹¹⁶2K. 20:8., Ezekias said to Isaias, what is the sign? He told him, that is different since he was occupied in reviving the dead. He shall revive us after two days; on the third day He will lift us up and we shall live before Him¹¹⁷Hos. 6:2. The verse is the basic source for the belief that the resurrection has to be on the third day, or that souls have to suffer punishment for their misdeeds while alive for two days and on the third day are admitted to Paradise (Berakhot 5:2 Note 64; Taˋaniot 1:1 63d l.52). Ezekias was declared ready to die (2K. 20:1) and was well enough to go to the Temple on the third day; this shows that his recovery was indeed a resurrection..

MISHNAH: Slaying you shall slay the inhabitants of that town by the sword³⁶⁷Deut. 13:16.. A caravan of donkeys or of camels which passes from place to place saves them³⁶⁸The Yerushalmi gives no indication as to what this means. The Babli (112a) holds that temporary residents after 30 days become voting citizens of the town; if they do not follow the permanent inhabitants into apostasy, they will deprive the apostates of a majority and the rules of the seduced town cannot be applied. But it might be that the Yerushalmi follows Sifry Deut. 94 that if at the moment of judgment there are people in town to whom the judgment does not apply, it cannot be executed since the verse requires that only the inhabitants of that town be killed.. Destroy it and all which is in it, including its domestic animals³⁶⁹As property, cf. Note 363.,by the sword. From here they said, the properties of just people in its midst are lost, what is outside escapes; that of evildoers both inside and outside is lost.

It was stated⁸³Tosephta 9:30; Babli Šabbat151b.: Rebbi Jehudah says in the name of Rabban Gamliel. Since it says that⁸⁴Deut. 13:18. “He will give you mercy etc.”, let the following be a sign in your hand: Whenever that you show mercy, the Omnipresent will have mercy on you. If you do not show mercy, the Omnipresent will not have mercy on you. ⁸⁵Yoma 8:9 (45c), Babli 87b. Rav said: If a person misbehaved towards another and asked for pardon but the other did not respond, let him assemble a row of people and ask for pardon, as it is written⁸⁶Job 33:27.: “Form a row of men, etc.⁸⁷“Let him say, I sinned, I did evil without caring.”” If he does so, what is written there? ⁸⁸Job 33:28.“He redeemed his soul from the pit, not to go to destruction etc.” Rebbi Yose said, that is if he did not defame, but the defamer is never pardoned.

It is written¹⁰²Jos. 9:27.: At that moment Joshua dedicated them as hewers of wood and drawers of water for the congregation. One understands “for the congregation.” But “for the Eternal’s altar”? But Joshua kept them in limbo. He said, I shall [neither]¹⁰³Added from the Qiddušin text. exclude nor include them. But he who sometime in the future will build the Temple, if he wants to include he may include, if he wants to exclude he may exclude. David came and excluded them as it is said¹⁰⁴2S. 21:1–2.: But the Gibeonites are not part of the Children of Israel. Why did he exclude them? Because there was a famine in David’s time, three years year after year. David said, for three sins the rains are locked away: Foreign worship, incest and adultery, and murder. Foreign worship, as it is written¹⁰⁵Deut. 11:16–17.: Beware, lest you be seduced and next to it, He locks the sky up. Incest and adultery, as it is written¹⁰⁶Jer. 3:2–3. Rain-showers were withheld, there was no late rain, for you had the forehead of a whoring woman. Murder, as it is written¹⁰⁷Num. 35:33.: Because blood will distort the Land. Some say, also those who publicly promise money for welfare but do not pay, as it is written¹⁰⁸Prov. 25:14.: Clouds and wind but no rain means the man who boasts with lying gifts. David checked on all his ways and did not find any of them. He turned to ask the Urim and Tummim. That is what is written¹⁰⁴2S. 21:1–2.: David asked before the Eternal. Rebbi Eleazar said, it is written¹⁰⁹Zeph. 2:3.: Ask the Eternal, all the meek of the Land, who execute His Law, etc. ¹⁰⁴2S. 21:1–2.The Eternal said, because of Saul and the House of blood-guilt, for he had killed the Gibeonites. Because of Saul, whom you did not grant the last favor, and because of the House of blood-guilt, for he had killed the Gibeonites. David sent and called them. He asked them, what is between you and the House of Saul? They told him, because he killed seven of our men, two hewers of wood, two drawers of water, a scribe, a religious leader, and a beadle. He asked them, what do you want now? They said to him, May there be given to us seven men … and we shall hang them before the Eternal in Gibeon¹¹⁰2S. 21:6.. He said to them, what use is it to you that they be killed? Take silver and gold for yourselves! But they answered, there is no silver or gold for us from Saul and his house¹¹¹2S. 21:6.. He said, maybe they are afraid one of the other; he dealt which each of them separately, trying to mollify him by himself, but nobody accepted it. That is what is written, there is no silver or gold for us, it is written for me. At this moment, David said that the Holy One gave three good gifts to Israel: They are decent, merciful, and charitable. Decent, for it is written¹¹²Ex. 20:20.: that His fear be on your faces. Merciful, for it is written¹¹³Deut. 13:18,: He gave you mercy, had mercy on you and increased you. Charitable, for it is written¹¹⁴Deut. 7:12.: The Eternal, your God, kept for you covenant and charity. But these, nothing of this is found in them; he excluded them: But the Gibeonites are not of the Children of Israel¹⁰⁴2S. 21:1–2.. And Ezra also excluded them, as it is said:¹¹⁵Neh. 3:26, 11:21. And the dedicated ones dwelt in the Ophel; Ziha and Gishpa were of the dedicated ones. Also in the future, the Holy One, praise to Him, will exclude them as it is written¹¹⁶Ez. 48:19.: The city worker will cultivate it, from all tribes of Israel. He will eliminate them from all tribes of Israel.

Rebbi Ismael stated: In the Torah there are forbidden matters and permitted matters. There are easy parts and severe parts. But in the words of the Sopherim all are severe, since we have stated: “He who says that there are no phylacteries, to transgress the words of the Torah, is not prosecutable. Five compartments to add to the words of the Sopherim is punishable.” Rebbi Ḥanina³¹⁴With the other two sources read: Ḥinena. in the name of Rebbi Idi in the name of Rebbi Tanḥum bar Ḥiyya: The words of the Sages carry more weight than those of the prophets since it is written, do not preach, they preach³¹⁵Micha 2:6.. And it is written,I shall preach to you for wine and liquor³¹⁶Micha 2:11.. The relation of prophet and scholar can be compared to the case of a king who sent two seals³¹⁷As the text shows this is a scribal error. Read with the other sources פלמנטריןdiplomatarii, persons authorized to use the imperial mail. to a province. About one of them he wrote, if he does not show you my seal and σημαντήριον³¹⁸Greek “seal”., do not believe him. About the other he wrote, even if he does not show you my seal and σημαντήριον, believe him. So about a prophet is written, he gives you a sign or miracle³¹⁹Deut. 13:2.. But here it is written, according to the teachings that they will teach you³²⁰Deut. 17:11..

MISHNAH: All its spoils you shall collect in its public square³⁷⁸Deut. 13:17–18.. If it has no public square, one creates a public square in it. If its public square was outside, one collects it³⁷⁹One extends the territory of the town to include the public square. inside, for it is said: In its public square you shall burn the town and all its spoils in fire; its spoils but not Heaven’s spoils. From here they said that dedicated objects in it shall be redeemed, heaves shall be left to rot, Second Tithes and Holy Scriptures shall be put away³⁷¹All the items enumerated are Heaven’s property. While the second part of the verse insists that the town’s property must be destroyed, Heaven’s property cannot be destroyed. The disposal of Heaven’s property is discussed in Mishnah 9. Babli 112b..
Totally for the Eternal, your God. Rebbi Simeon said, if you judge the seduced town, I will credit it for you as if you brought an entire elevation offering before Me. It shall be an eternal mound, it shall not berebuilt. It should not even be made into gardens and orchards, the words of Rebbi Yose the Galilean. Rebbi Aqiba says, it shall not be rebuilt as it was but it may be made into gardens and orchards³⁸⁰R. Yose the Galilean reads תֵּל with the Accadic as ruin, R. Aqiba with the Arabic as mound, butte..
Nothing of what should be destroyed shall stick to your hands, so the Eternal may change from His anger to grant you mercy, have mercy on you and increase you, etc. Any time evildoers are in the world, anger is in the world; when the evildoers are lost from the world, anger passes away from the world.

An accident happened to Rebbi Abbahu; he lost a baby. Rebbi Jonah and Rebbi Yose ascended¹⁵⁵They came from Tiberias below sea level to Caesarea Philippi in the foothills of the Golan Heights to offer their condolences. to visit him. Out of respect for him,¹⁵⁶The great man of the generation of their teachers. they did not speak to him words of Torah. He told them, would the rabbis think saying a word of Torah? They answered, think of it, our teacher. He said to them: If about a terrestrial authority, where one finds lies, and untruth, and misleading statements, and favoritism, and bribery, and they are here one day and gone the next, it was said: “the relatives come and greet the judges and witnesses, implying that we hold no grudge against you because you delivered a true judgment,” the Heavenly authority, before which there are no lies, no untruth, no misleading statements, no favoritism, and no bribery, and He exists forever in all worlds, so much more are we obligated to accept His judgment. And it is said¹¹³Deut. 13:18,, May He give you mercy, have mercy on you, and make you increase as He has sworn to your ancestors.

Rebbi Joḥanan in the name of Rebbi Simeon ben Ioḥai²⁴⁶So also in Soṭah 1:1, Note 38. In the Babli 80b, R. Joḥanan in the name of R. Ismael, in Sanhedrin 21b, Avodah zarah 36b, in the name of R. Simeon ben Yoṣadaq. The latter attribution probably is the correct one; in these two quotes also the verse correctly is called “a hint”, not a proof.: “If your brother, your mother’s son, or your son, or your daughter incites you²⁴⁷Deut. 13:7. As usual, the reference is to the part of the verse not quoted; in this case that the inciting happens “in secret”.”. “Your mother in secret,” “your daughter in secret.” A man can be alone with his mother and live with her²⁴⁸In a one-room apartment., with his daughter and live with her, with his sister and does not live with her, and sleep with them with their skins touching. Rebbi Ḥalaphta ben Shaul stated: The daughter with her father up to the age of three years and one day²⁴⁹The day she becomes nubile.; the son with his mother up to the age of nine years and one day²⁵⁰Before that day, his sex act has no legal consequences (Mishnah Yebamot 10:6).. If they get older, each one sleeps in his own clothing. It was stated²⁵¹Similar statements are in Berakhot 24a.: If two people sleep in the same bed, each one covers himself with his own garment and recites {the Šema‘]²⁵²Which, as a holy text, it is forbidden to recite in the presence of nudity.; if his son or daughter were small it is permitted. There, they say: A man with his wife is permitted²⁵³Even if both are naked under the same bedsheet, since “his wife is part of his body” (Babli Berakhot 24a).. Rebbi Jacob bar Aḥa in the name of Rebbi Eleazar: A man with his wife is problematic²⁵⁴Even if his wife is part of his body, he could recite the Šema‘ while lying close to her only if she would not represent a sexual attraction to him. This is not a desirable situation..

Anyone who goes into the street with his shoes unlaced is haughty of spirit. [He who walks] with his sanṭer³¹A kind of cloak. hanging side-ways,³²Over his shoulder. or his cap turned backwards, or [sits] crosslegged, or holds in his hand the straps of the tefillin and puts them back while walking in the street belongs to the haughty of spirit. Every man in whom there is haughtiness of spirit is as though he worships idols,³³So GRA. as it states, Thou shalt not bring an abomination into thine house,³⁴Deut. 7, 26, the reference being to an idolatrous image. and it states elsewhere, Every one that is proud in heart is an abomination to the Lord:³⁵Prov. 16, 5. the word abomination is written in the one connection and also in the other—as the abomination mentioned in the one refers to idolatry so the abomination mentioned in the other refers to idolatry.

HALAKHAH: “The following are forbidden and they forbid in the most minute amount,” etc. Libation wine, idols, heart-removed skins, because nothing of the taboo should cling to your hand¹⁵⁴Deut. 13:18. Sifry Deut. 96..

[A house in] Jerusalem cannot contract ritual impurity of leprous marks. Nor can it be judged as a condemned city. Nor can one build ledges, balconies, or water channels in public spaces, because they create an enclosure for (death and) impurity.¹Which would render ritually impure anyone who shared the space with a corpse. Nor may a corpse be left there overnight. Nor may human bones be carried through the city. Nor may a stranger be given permanent residence there. Nor may graves be placed there, except for the graves of members of the House of David or the prophetess Hulda, which have been there from the days of the first prophets. (And when they removed all the graves from the city, why were these not removed?) They say there was a grotto there that would take all the impurities out into the Kedron River. One may not plant any plants there. Nor may one make a garden or an orchard there, aside from the rose gardens which have been there since the days of the first prophets. Nor may one raise (geese or) chickens there, let alone pigs. Nor may garbage heaps be established there, because of impurity.²Because repugnant creatures are attracted to such heaps, and they impart ritual impurity upon their death. A stubborn and rebellious son cannot be judged there, said Rabbi Natan, for it says (Deuteronomy 21:19), “His father and mother shall grab him and take him to the elders of the city, to the gate of his place”; but this is not his city, nor his place. Houses sold there cannot include the land they are on. [Houses cannot be sold as a permanent possession] in the city after twelve months. Rent may not be collected there, except for [the use of] beds and mattresses. Rabbi Yehudah said: even rent for beds and mattresses [was not collected].
What would they do with the skins of the sacrificed animals? They would give them to the owners of guest houses. Rabbi Shimon ben Gamliel said: innkeepers were inside the city, and the owners of guest houses were outside. The innkeepers would buy sheepskins with fine wool for four or five sela and then sell them to the people of Jerusalem, and that is how these homeowners got rich.