Talmud su Deuteronomio 17:6

It was stated: Rebbi Simeon ben Ioḥai said, by the mouth of two witnesses shall the dead die²⁰Deut. 17:6. In the Babli, this is an Amoraic argument. The verse is read as: by the mouth of two witnesses shall the dead kill himself, i. e., in the presence of two witnesses he accepts to be killed.. Does he die when dead? But to tell him by which kind of death he will be executed. It was stated: Rebbi Jehudah ben Rebbi Illai said, and if a man intentionally kill his neighbor knowingly²¹Ex. 21:14, Babli 41a. Babli and Mekhiltot read the verse as freeing the mentally disabled from prosecution.; they shall inform him by which kind of death he will be executed.

Rebbi Yose ben Rebbi Abun, Rebbi Ḥuna in the name of Rebbi Yose. It is said here two,[by the mouth of two witnesses¹⁷Deut. 17:6.], and it is said there two, two men remained in the camp¹⁸Num. 11:27.. Since there two means men but not women nor underaged, also here two means men but not women nor underaged. Then why is it said (two) [and the two men shall stand]¹⁹If actually the same price was paid for the two he-goats used on the Day of Atonement, but if they were regularly sold in the market one of them clearly would fetch a higher price, they are not disqualified but do not fulfill the biblical requirement of equality.? Lest one of them be standing while the other be sitting; [one is silent while the other talks]¹¹Corrector’s addition from the parallel sources., one says everything he has to say, but to the other one says, make your statement short. With one the judge is friendly, to the other he is unfriendly, lets one sit and the other stand. [They said in the name of Rebbi Ismael, one says to him, either you dress as he is dressed or pay him to be dressed as you are.]¹¹Corrector’s addition from the parallel sources.

HALAKHAH: “Rabban Simeon ben Gamliel says, her sale is valid,” etc. That is, if she sold them in four contracts⁹⁴The Halakhah deals only with the last case mentioned in the Mishnah, that the widow overstepped her authority only in part of the sale of property. If the legal and illegal contracts were executed separately, there is no reason to invalidate the earlier contracts because of the (necessarily last) invalid contract.. If she sold them in one contract, there is disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish, as they disagreed⁹⁵The same text is in Giṭṭin 1:1 (43a 1. 54) גי and Makkot 1:16 (31b 1. 26) מ; it is quoted in Alfasi Makkot 1, #1063 and discussed by his commentators R. Nissim Gerondi and Naḥmanides.: If somebody wrote all his property over to two persons in one document⁹⁶His will. and the testimony of the witnesses was valid for one but invalid for the other⁹⁷Relatives are not admitted as witnesses even in civil proceedings.. Rebbi Hila in the name of Rebbi Yasa: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other⁹⁸He holds that testimony, even if in writing, is one whole; either it is valid or invalid. If it is invalid in one case, it must be invalid in general.; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other⁹⁹The testimony has to be separated from its application. If the witnesses are known not to be felons, their testimony is valid. In the case of a relative, it is not applicable.. Rebbi Elazar said, a Mishnah¹⁰⁰Makkot 1:12. Deut. 17:6 reads: “By the testimony of two witnesses or three witnesses the guilty person shall be condemned to death; he cannot be condemned by the testimony of a single witness.” The question is raised, if two witnesses are sufficient, why are three mentioned? The answer given in the Mishnah is that since two witnesses are both disqualified if one of them is disqualified (in which case the remaining witness becomes a single witness), a group of three (or 100) witnesses who all testify to exactly the same effect is disqualified if one of them is disqualified. The witnesses signing a document necessarily all testify to exactly the same facts. (Alfassi #1062 notes that the Geonim restrict the Mishnah to criminal cases.) supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified. From where even 100? The verse¹⁰¹Deut. 17:6. says, ‘witnesses’”. Rebbi Jacob bar Aḥa said, Rebbi Ḥananiah the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, the argument of Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is as if there was one testimony about one person. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other¹⁰²Since practice is not decided either way, the legal heirs can successfully attack the validity of the will, and the guardians of the orphans the validity of the entire sale by the widow..