Torah Community Connections

Week 111 - Sunday - 6 January 2002

SANHEDRIN: CHAPTER 1: MISHNAH 3

Semikhah of the elders and breaking the heifer’s neck – by three; so Rabbi Shimon. But Rabbi Yehudah says: By five. Halitzah and Refusals - by three; neta reva’i, and ma’aser sheni whose value is not known - by three; the Temple property - by three; evaluations of movable property - by three; Rabbi Yehudah says, One of them must be a priest. Lands - by nine and a priest. Man is like them.

Kehati

This mishnah continues to teach matters which require a Court of three.

Semikhah of the elders and breaking of the heifer's neck - by three; So Rabbi Shimon - the law is that the majority of individual sacrifices require semikhah, i.e., the owner of the sacrifice with all his strength lays (somekh) his two hands on the head of the live animal, and confesses over his sacrifice. The sacrifices of the public, however, do not require semikhah, with two exceptions: (1) the goat that is sent forth on Yom Kippur requires semikhah by the High Priest; (2) the bull of "the thing which is hid from the eyes of the assembly," i.e., if the Sanhedrin erred unintentionally in its ruling and erroneously permitted something, the intentional transgression of which is punishable by karet (see, e.g., Num. 15:31) and the unintentional transgression of which requires a hatat sacrifice, and the majority of the people acted in accordance with this ruling, and it later became known to the Sanhedrin that it had erred, the Torah states, "then the assembly shall offer a young bull for a sin-offering" (Lev. 4:14). This sacrifice is called "the bull of the thing which is hid from the eyes of the assembly" and requires semikhah by (five, see infra.) members of the Sanhedrin as it is written, "and the elders of the congregation shall lay their hands upon the head of the bull" (ibid., v. 15). This semikhah is called in our mishnah, in accordance with the wording in the Torah, "semikhah of the elders." Rabbi Shimon holds that this is performed by three from among the Sanhedrin, for the minimum number of "elders" is two, and since there may not be an even numbered Court, another one is added, making a total of three. According to the Gemara, "semikhah of the elders" in our mishnah also refers to the appointment of judges, which is called "semikhah," after the verse in the Torah, "And he (Moses) laid (Va-yismokh) his hands upon him (Joshua)" (Num. 27:23). The appointment of a judge does not, however, require the physical laying on of the hands, in the manner in which Moses appointed Joshua, but rather verbal semikhah, i.e., conferring on him the title "Rabbi," and authorizing him to judge lawsuits even involving fines. This semikhah is conferred only in Eretz Israel, and by a person who himself had received semikhah.

We learn from our mishnah that this type of semikhah may be performed by a minimum of three judges, at least one of whom has previously received semikhah (see the commentaries on the mishnah). "And breaking the heifer's neck - by three" - i.e., if a person is found slain in a field, and the identity of the murderer is not known, the Torah writes, "Then your elders and your judges shall come forth, and they shall measure unto the cities which are round about him that is slain" (Deut. 21:2), and the city which is closest to the slain person brings a heifer whose neck is broken (see ibid., v. 3ff.). Rabbi Shimon holds that the "measuring" mentioned in the Torah is performed by three members of the Sanhedrin, and the "breaking of the neck" stated in the mishnah is not to be taken literally, for this act was performed by the elders of the city, as specified in the Torah, and not by the three judges (Tosafot).

But Rabbi Yehudah says, Both the semikhah of the elders on the bull of "the thing which is hid from the eyes of the assembly" and the measuring connected with the heifer whose neck is to be broken must be performed By five -members of the Sanhedrin, for it is written, regarding the semikhah of the elders, "and the elders of the congregation - they shall lay their hands," from which Rabbi Yehudah learns, "and they shall lay" - the plural number implies two; "elders" - the plural again implies two, making a total of four, and since there may not be an even numbered Court, we add one, making a total of five. Similarly, it is written, regarding the breaking of the heifer's neck, "your elders and your judges" - the plural implies two of each, and since there may not be an even numbered Court, we add one more to them (see Sot. 9:1).

Halitzah and Refusals - by three - the Torah states, regarding a woman whose husband died without children, and whose husband's brother does not want to perform the Torah obligation of yibum, "Then shall his brother's wife draw near to him in the presence of the elders, and loosen (ve-haltzah) his shoe from off his foot" (Deut. 25:9). Our mishnah teaches that halitzah is performed in the presence of a Court of at least three members, for the Torah states, "in the presence of the elders"; the minimum number of "elders" is two, and since there may not be an even numbered court, we add one, making a total of three. There is an obligation, however, to add a further two, so that the act of halitzah will be publicized (see Yev. 12:1). "And the Refusals - by three" - a female minor orphan who was betrothed by her mother or by her brother may, on reaching majority, "refuse" her husband and say that she does not want him, and she goes forth from him without a get (see Yev. 13:1-2).

Our mishnah teaches that such acts of refusal must be conducted in the presence of three; even though by Torah law her kiddushin has no validity, and the act of refusing is a Rabbinical injunction, it must be performed in the presence of three, for the Rabbis enacted that their procedures should reflect those of the Torah (Rashi; see Tosefot Rabbi Akiva Eiger).

Neta reva'i, and ma'aser sheni whose value is not known - by three – the owner is obliged to eat neta reva'i, i.e., the fruits from the fourth year of a tree’s planting, as well as the produce of ma'aser sheni, in Jerusalem, or to redeem them and to utilize their redemption money in Jerusalem. This mishnah teaches that if a person redeems neta reva'i, he must do so in the presence of three judges, who are expert in assessing expenses, for these must be deducted in determining the amount of the redemption (see M.S. 5:4); similarly, if a person comes to redeem ma'aser sheni which has no market price, e.g., produce which has rotted, and whose price therefore is not known, he is obliged to redeem it in the presence of three judges who are capable of assessing the value. If, however, there is a market price for the produce, he does not require three judges (see M.S. 4:2), as it is redeemed for its full value, there being no deduction of expenses from ma'aser sheni as there is from neta reva'i. If a person comes to redeem Temple Property - i.e., his property which he consecrated for Temple upkeep, by three - he requires three experts to assess the value of such consecrated property.

Evaluations of movable property - if one person says, I will give the "Erekh (the value of) of so-and-so," he is obliged to give money to the Temple at the rate set by the Torah, in accordance with the age and sex of that person (Lev. 27:1-8); if he does not have cash but gives the equivalent in movable property, this is assessed by three - when goods are to be divested of the status of sanctified property, their value must first be assessed, so too when they acquire the status of sanctified property; Rabbi Yehudah says, One of them - the three assessors, must be a priest - for it is written, "as you the priest values it" (Lev. 27:12).

Lands - if it became necessary to collect the "erekh" from his lands, or if a person sanctified his lands and needs to redeem them (see Tosefot Yom Tov), by nine and a priest - i.e., ten people, one of whom is a priest, are required to assess the value of such lands. If it is necessary to evaluate a man for the Temple, i.e., if one said, "I will give the Erekh of so-and-so," we assess the market value of that person if he were to be sold as a slave, and the donor is obliged to pay that sum to the Temple; the law of assessing a man is like - the law of assessing - them - lands, by ten, one of whom is a priest. The Gemara explains: a person is assessed as a slave, and slaves are inheritable as lands, as it is written, "And you may make them an inheritance for your children after you, to hold for a possession" (Lev. 25:46). The Gemara also explains why land is assessed by nine and a priest: the word "priest" is written ten times in the Torah section dealing with valuation of Temple property (Lev. 27). The first time the noun "priest" is used is necessary to teach the basic law, subsequently the pronoun "he" could have been used. The continued use of the noun indicates "an exclusory usage after an exclusory usage and that in turn implies inclusion, i.e., even nine Israelites and one priest" (see of the Gemara, Sanh. 15a).

SANHEDRIN: CHAPTER 1: MISHNAH 4

Capital cases - by twenty-three. The rove'a and the nirba - by twenty-three, as it is written, "You shall kill the woman, and the beast" (Lev. 20:16), and it says, "And you shall slay the beast" (Lev. 20:15). The ox that is stoned - by twenty-three, as it is written, "the ox shall be stoned, and its owner also shall be put to death" (Ex. 21:29), as the death of the owner, so the death of the ox. The wolf and the lion, the bear and the leopard, the panther and the snake - their death by twenty-three. Rabbi Eliezer says, whoever kills them promptly merits. Rabbi Akiva says, their death is by twenty-three.

Kehati

This mishnah teaches that all capital cases, involving humans or animals, are tried before not less than twenty-three judges, who constitute a "Small Sanhedrin."

Capital cases - trials of serious transgressions which are punishable by the death penalty, are judged by - a Court of - twenty-three - judges; the reason will be explained in mishnah 1:6, below - The rove'a - the ox that engaged in a sexual act with a woman, and the nirba - the beast with which a man engaged in a sexual act, the animal is sentenced to stoning by twenty-three - judges, as it is written, "And if a woman will approach unto any beast, and will lie down thereto, you shall kill the woman, and the beast" - regarding bestiality, the Torah compared the law of the animal to the law of the woman: just as the woman is judged by twenty-three, so too the animal is judged by twenty-three, and it - the Torah, says - regarding the nirba: "And if a man will lie with a beast, he shall surely be put to death, and you shall slay the beast" - in this case as well, the Torah compared the death of the animal to the death of the man, for the animal also is sentenced to be stoned to death by twenty-three.

The ox that - has killed a man, and whose penalty - is - to be - stoned, is judged by twenty-three - judges, as it is written, "And if an ox will gore a man or a woman, that they die, the ox shall be surely stoned, and its flesh shall not be eaten; but the owner of the ox shall be quit. But if the ox was wont to gore in time past, and warning has been given to its owner, and he hath not kept it in, but it has killed a man or a woman the ox shall be stoned, and its owner also shall be put to death" – why was it written, "and its owner also shall be put to death?" - According to the law the owner is not liable to the death penalty imposed by the Court for the death caused by his ox, as it is written, "he that smote him shall surely be put to death; he is a murderer" (Num. 35:21). We say, you put him to death for the murder he commits, and you do not put him to death for the murder committed by his ox. Why does the Torah say here, "he shall be put to death"? The Torah teaches, however, as the death of the owner - just as the owner is tried for a transgression for which he is liable to the death penalty by a Court of twenty-three, so the death of the ox - the ox subject to stoning shall be tried by twenty-three.

The wolf and the lion, the bear and the leopard, the panther and the snake - that have killed a man, their death - sentence to be stoned is decided by - a Court of - twenty-three - the Gemara explains that these are tamed animals who have owners. Rabbi Eliezer says, whoever kills them promptly merits - he has done a good deed, for he has prevented additional disasters, and there is no need to bring their case before the Court.

Rabbi Akiva says, Their death is by twenty-three - the Gemara explains that Rabbi Akiva distinguishes between all the other animals and the snake, for whereas other animals are sentenced to death by twenty-three, the snake - needs no trial and whoever kills it promptly merits. He has removed something intrinsically dangerous from the world. The First Tanna, however, holds that even the snake is tried by twenty-three. The halakhah follows Rabbi Akiva, for it has been taught, "the snake is always muad" (BK. 1:4).

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