Synopsis of Subjects
CHAPTER I.
MISHNA I. TO X. How should witnesses be made collusive?
There are another sort of witnesses who are not subject to the punishment
of collusive ness but who are to suffer stripes instead. Where do we
find a hint in the Scripture that collusive witnesses shall be punished
with stripes? There are four points concerning collusive witnesses,
etc. And they are not sold as Hebrew slaves. As it reads: "He shall
be sold for his theft, but not for his collusiveness." A collusive witness
pays his share. What does this mean? We testify that so and so has divorced
his wife and has not paid the amount mentioned in her marriage contract,
etc. We testify that so and so owes to his neighbor a thousand zuz,
etc. If one says I will make you a loan with the stipulation that the
Sabbathic year shall not release me, it nevertheless releases. If one
loans money to his neighbor without a fixed term of return, he has no
right to demand it before the elapse of thirty days. We testify that
so and so owes 200 zuz to his neighbor, and they were found collusive,
etc. To a negative commandment that does not contain manual labor, stripes
does not apply. The fine of money may be divided into two or three shares;
however, this is not to be done with stripes. Witnesses cannot be made
collusive unless the falsehood lies in their bodies. A woman once brought
witnesses, and they were found false. She then brought another party,
who were also found false; she then brought another party, etc. Because
she is suspicious should all Israel be suspected of testifying falsely?
Collusive witnesses are not to be killed unless the sentence of capital
punishment for the defendant is rendered. There is no punishment on
the ground of a fortiori conclusions. May I not live to see the
consolation of our nation, if I have not killed a collusive witness
for the purpose of removing from the mind of the saducier, etc. The
verse punishes one, an accomplice who conjoins himself to transgressors
with the same punishment, etc. And we may learn from this; that so much
the more will he who conjoins himself to those who are engaged in meritorious
acts, be rewarded, etc. There is no capital punishment, unless two witnesses
have warned this culprit. If both of the witnesses have seen him who
warned them, they are considered conjoined, The court of Sanhedrin is
to be established in Palestine as well as in the countries outside of
it. In the large cities but not in the small ones,
CHAPTER II.
MISHNA I. TO V. The following are exiled, he who kills
a person unintentionally. The act of one who thought that such is allowed
is not to be considered an accident, but almost intentional. If one
has climbed a ladder and the step under him broke and killed, one Boraitha
declares him guilty, etc. If the iron of a hatchet slipped off and killed.
One threw a lump of brittle stone at a date tree, and the dates fell
off and killed (a child). What is considered second force according
to Rabbi? If one throws a stone in a public ground and it kills, he
is to be exiled. The punishment of exile attaches but to a private set.
Is hewing wood always considered a private affair? All kinds of human
beings are exiled when they killed by accident an Israelite. A father
is exiled if he killed his son accidentally. A heathen or a slave is
to be exiled or punished with stripes through an Israelite and vice
versa. A stranger or an idolator who has killed even unintentionally
is put to death. Only then when, thinking that such is allowed; "For
he is a prophet." How is this to be understood? Because he is a prophet
she has to be returned, but if a layman, she would not, etc. Exile does
not apply to a blind one. An enemy is not exiled (as such a punishment
does not suffice). If the rope to which the man's instrument was attached,
broke--then he is exiled; but if the instrument slips out of his hand,
exile is not sufficient. Whither are they to be exiled? To the cities
of refuge, etc. They were also obliged to prepare roads from one city
to the other. Formerly all murderers, accidental as well as intentional,
used to flee to the cities of refuge, etc. "Giliad is become a city
of workers of wickedness," etc. What does this expression mean? The
city of refuge must neither be too large nor too small, but middle-sized
ones. Be situated in places where there is water and markets. If a disciple
is exiled, his master is exiled with him; because the expression, "and
live," means you shall supply him with the sources of moral life. He
who loves the abundance of scholars possesses the fruit of knowledge.
I learned much from my masters, more, however, from my colleagues, and
still more from my disciples. The Holy One, blessed be He, appoints
them into one inn, and he who had killed intentionally is placed under
a ladder, while the other, who killed unintentionally, descends the
steps, falls and kills him. According to one he wrote only the eight
verses, which begin with. "And Moses died," etc.,
MISHNA VI. TO X. There is no difference between the high
priests who were anointed with the holy oil, etc. Therefore the mothers
of the priests used to support the murderers with food and clothes,
etc. It is counted as a sin to the priest who should pray that no accident
might happen in that generation. If a sage has put some one under the
ban conditionally, etc. The forty years during which Israel was in the
desert, the remains of Judah were dismembered in his coffin until Moses
prayed for him, etc. If after the decision has been rendered, the high
priest dies, he is not exiled, etc. If it happens that a murderer goes
outside of the limit, etc. What has the high priest done that the murderer's
fate should depend upon his death? Joab erred twice in so acting: (a)
he thought that the horns of the altar protect, etc. The cities of refuge
are not given for cemeteries. If one killed accidentally in the city
of refuge, he is to be exiled, etc. If a murderer was exiled, the townsmen like to honor him, he has to say to
them "I am a murderer,"
CHAPTER III.
MISHNA I. TO V. To the following stripes apply: Crimes
under the category of Korath, as well as under that of capital punishment,
are also punished with stripes if they were so warned. To a negative
command, which is preceded by a positive one, stripes apply. The culprit
does not get stripes unless he abolishes the succeeding positive command.
R. Simeon b. Lakish, however, differs, and says: He is free from stripes
only when he has fulfilled the succeeding one. He who took the mother-bird
with her children gets, according to R. Jehudah, stripes. It happened
with a children teacher who struck too much the children, and R. A'ha
excommunicated him; Rabbma, however, returned him because he could not
find as good a teacher. Stripes also apply to him who partook of the
first fruit before the ceremony of reading was performed. If a positive
succeeds a negative, no stripes apply. A stranger who had consumed sin
and transgression offerings before their blood was sprinkled is free
from any punishment. Concerning the first fruit, placing it in the temple
is the main thing, and not the ceremony of reading. The culpability
for second tithe arises only after it has seen the face of the wall
of Jerusalem. He who makes a baldness in the hair of his head, or rounds
it, etc., is liable. The culpability arises only, then, when he took
it off with a razor. What should be the size of the bald spot which
would make him culpable? If one made an incision with an instrument
he is culpable. For dead he is culpable at all courts whether by hand
or instrument. The culpability for etching-in arises only when he has
done both, wrote and etched-in with dye, etc. A Nazarite who was drinking
wine the whole day is culpable only for one negative. There is an instance
that one may plough only one bed and shall be culpable for eight negatives.
The number of stripes is forty less one,
MISHNA VI.-IX. The examination as to the number of stripes
he can receive and remain alive must be such that can be equally divided
by three. If one commits a sin to which two negatives apply, etc. How
is the punishment with stripes to be performed? The striker strikes
him with one hand so that the strokes shall become weaker. If, after
he has been tied, he succeeds to run away from the Court, he is free.
As he was already disgraced, he is not taken to be disgraced again.
The Lord wanted to make Israel blissful and therefore he multiplied
to them his commands. At three places the Holy Spirit appeared. At the
court of Shem, etc. Six hundred and thirteen commands were said to Moses,
etc. Isaiah reduced them to six. Michah came and reduced them to three.
Isaiah (the second) again reduced them to two. "Keep ye justice and
do equity." Amos reduced them to one. "Seek ye for me, and ye shall
live,"
APPENDIX.
He who speaks ill of his neighbor, he who listens to such evil-speaking,
finally, he who bears false testimony deserves to be thrown to the dogs,
Sources: Biblical
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