Дварим 17:8 Связанные отрывки

HALAKHAH: “If sentence was passed,” etc. The Mishnah⁹The Mishnah has a blanket statement which treats all kinds of stoning in the same way (cf. Note 2). While it is not specified where the stoning takes place, it is clear that it cannot be in front of the court building, where the rabbis require the idolator to be stoned. either follows Rebbi or the rabbis in a Gentile city¹⁰The rabbis agree that in a city whose majority population is Gentile and idolatrous, a stoning for idolatry must take place in the Jewish quarter [Tosephta Chapter 10 in the editio princeps (10:4 in the Wilna ed.), missing in Zuckermandel’s edition, Halakhah 10:10.]. As we have stated: Rebbi said¹¹A similar text is anonymous in Sifry Deut. 148., at your gates¹²The paragraph about punishment for idolatry (Deut. 17:2–7) mentions that idolatry was practiced at your gates (v. 2) and that the idolator should be stoned at your gates (v. 5). The context indicates that the first gate is the place of worship, the second the place of execution. But the talmudic doctrine of unique meaning of lexemes requires that at your gates have the same meaning in both cases. Either the meaning in v. 5 is induced by that of v. 2 (Rebbi) or that in v. 2 by v. 5 (the rabbis). On methodological grounds, Rebbi’s position is preferred in the Babylonian sources (Ketubot 45b and Sifry)., at the gate they were found. You are saying so, or maybe at the gate they were judged? It is said here, at your gates, and it says there, if there be found in your midst, at one of your gates¹³Deut. 17:2.. Since gates mentioned there refers to the gate where he was found, gates mentioned here also refers to the gate where he was found. But the rabbis say, at your gates, at the gate where he was judged. You are saying so, or maybe at the gate were he was found? It is said here, at your gates, and it says there, take this man or this woman … to your gates¹⁴Deut. 17:5.. Since gates mentioned there refers to the gate where he was judged, gates mentioned here also refers to the gate where he was judged.

HALAKHAH: “The Elder who rebels,” etc. Halakhah 4: “If he returned to his town, repeated and taught as was his custom,” etc. ²⁷This baraita exists in two other versions, Babli 87a and Sifry Deut. 152. It is the subject of a study by E. A. Finkelstein, HUCA XXXII (1961) א-כה. It is written²⁰Deut. 24:7 reads: If a man be found kidnapping one of his brothers, of the Children of Israel, and enslaves him or sells him, the kidnapper shall die; you shall eliminate evil from Israel. This paragraph speaks of the son, the next (cf. Note 17) of the half-emancipated slave. Sifry Deut. 273 parallels the first paragraph but in the case of the semi-emancipated slave treats the rabbis’ as unanimous opinion. The Babli 86a finds a reason to exclude the semi-emancipated slave from the partitive mem in the verse of the Children of Israel, which implies “not all of the Children of Israel.”: If something is being distinguished for you in law, this shows that the verse speaks about the distinguished member of the court²⁸The person representing the lower court before the Supreme Court has to be its most distinguished member.. For you, this is counsel. Something is sermonizing²⁹In the parallel sources: This is practice. Since the verse defines the areas of competence of the Supreme Court, it is difficult to see what the legal relevance of aggadah could be unless one subscribes to Maimonides’s opinion that all interpretations of biblical verses by the hermeneutical rules are rabbinic in character, i. e., aggadic.. Whether blood and blood, whether menstrual blood or blood of virginity; whether menstrual blood, blood of flux, or blood of skin disease³⁰As Finkelstein points out, the plain text of the verse seems to restrict the objects of appeal to purely legal cases; the interpretation given here extends it to all areas of life.. Whether case or case, between those who are stoned, or burned, or decapitated, or strangled³¹This sentence is missing in the parallel sources; it already is contained in the other explanations of the same clause.. Whether defect or defect, between a quarantined sufferer from skin disease or an absolute one^31,This sentence is missing in the parallel sources; it already is contained in the other explanations of the same clause.³²Cf. Chapter 10, Note 284.; whether defect or defect, between defects of humans or of garments or of houses³³Lev. 13,14.. Words, that is the drinking of the suspected adulteress, breaking the neck of the calf, and the purification of the sufferer from skin disease³⁴While the suspected adulteress drinks water with which written words were obliterated (Num. 5:23) and the expiation of an unsolved murder case requires the priests to recite words (Deut. 21:7–8), the purification of the the sufferer from skin disease is a wordless ceremony. Rashi in the Babli explains that skin disease is punishment for calumniating. One could explain that the first step in the purification is a declaration by a priest that the skin disease was healed and his command to assemble the items necessary for purification (Lev. 14:3–4).. Quarrels, these are estimations, bans, and dedications³⁵Lev. 27; all of these need dedications by explicit declaration.. You shall get up, from the court, and rise, this is the ascent³⁶Climbing up all the way to Jerusalem..