Sanhedrin 55: בעינא שם בשם

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The last Mishna on our daf introduces the law that applies to a megaddef – someone who commits blasphemy by cursing God.

According to the Mishna, a megaddef will not be held liable for his blasphemy until he clearly utters the Name of God.

The source for the term megaddef appears in Sefer Bamidbar 15:30, although the simple meaning of the word as it appears there does not refer to cursing or blasphemy – most of the commentaries understand that that is a reference to someone who practices avoda zara – idol worship. The Sages, however, never want to make use of the term “cursing” in the context of cursing God.

We explore the parameters of the blasphemer from its ancient near eastern sources.

Sanhedrin 54: לא עשו בו קטן כגדול

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According to the Mishna on our daf, one of the biblical prohibitions that would lead to the punishment of sekilah – death by stoning – is bestiality.

Thus, sexual relations by a man or a woman with an animal is forbidden by the Torah, and such an act is punishable by death – for both the person and the animal that was involved

We explore the tortuous subject of homosexuality in Halacha and modernity.

Sanhedrin 53: אין קידושין תופסין בחייבי לאוין

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Among the biblical prohibitions that would lead to a death sentence according to Torah law are cases of incest. The Mishna on our daf lists those situations – like sexual relations with one’s mother, one’s father’s wife or one’s daughter-in-law – that lead to the punishment of sekilah – of death by stoning.

We explore the laws of Aragon and the dramatic difference between biblical and rabbinic attitudes to Aragon and rape.

Sanhedrin 52: ומדליק את הפתילה

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Our daf is particularly difficult to read. It describes the critical steps of executions and the deaths of those sentenced to death. Our daf presents these morbid description in a few distinct categories with a number of Mishnayot.

The rabbis note that each of these methods of execution are named mitzvot. This is because they are commandments and thus good things to do. Clearly the rabbis also have some discomfort with the descriptions of executions as positive things.

Weexplore early American methods of execution.

Sanhedrin 51: הלכתא למשיחא

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"Rav Naḥman says that Rabba bar Avuh says that Rav says: The halakha in this matter is in accordance with the explanation that Ravin sent in the name of Rabbi Yosei, son of Rabbi Ḥanina. Rav Yosef said in response: Does one issue a halakha for the messianicperiod? Since the destruction of the Temple, courts do not have the authority to adjudicate capital cases (see 52b), and this authority will be restored only once the Temple is rebuilt, in the messianic period. Therefore, what is the purpose of stating the halakha in this matter when it is not currently relevant?”

We explore the use of studying halachic rulings in a theoretical vacuum and the notion of Halacha in Messianic times.

Sanhedrin 50: בת כהן שזינתה

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The Gemara on our daf attempts to bring sources for the severity of a given punishment based on the severity of the crime committed. For example, Sekilah is considered to be the most severe punishment since it is the punishment given to someone who is a blasphemer and to someone who is an idol worshiper. Since both of these sins are rebellions against God, clearly the Torah considers them to be serious crimes.

We explore the notion of human dignity as well as the etymology of the word betulah as maiden or virgin.

Sanhedrin 49: פושט ידו בעיקר עדיף

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The next Perek 7 clarifies the details of the four types of capital punishment and established their order, which is, in descending order of severity: Stoning, burning, decapitation, and strangulation.

What difference does the severity of the execution make? In a situation where one has committed several capital offenses, each of which renders him liable to a different type of execution - since one cannot be executed more than once - he receives the more severe execution for which he is liable.

We explore the notion of tzelem elokim and murder before and after Sinai.

Sanhedrin 48: משום מררייהו

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Are we able to benefit in any way from accessories, like a shroud, related to a dead person?

The rabbis consider a number of items including cloth, a monument, something hewed, a pouch, and a craftsman. When are times forbidden by designation, and when by action? For example, a cloth that was laid down upon by a person who is ritually impure - if that scant is designated as a Torah cover, is it affected by this new status simply by designation or by the action of wrapping the Torah?

All of this is discussed in the context of who might be buried in which places - further or closer from righteous people, mausoleums, etc.

We explore ancient burial practices and the notion of burial goods.

Sanhedrin 47: למה לי עיכול בשר

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Another issue relating to burial discussed on our daf involves the time that aveilut – the mourning period – begins. Mourning begins only after the burial is complete. According to Rav Ashi, that is only after setimat ha-golel – when the golel is sealed.

We continue our exploration of the history of the printing of the talmud that allowed for some to evade the censor.

Sanhedrin 46: קַלַּניִ מרֵאשׁי, קַלַּניִ מזִּרְוֹעי

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Many of the laws of capital punishment are derived from 2 verses in Devarim regarding the death penalty. The dead body must be buried by nightfall.

Rabbi Meir said: The phrase “for he that is hung is a curse [kilelat] of God” should be understood as follows: When a man suffers in the wake of his sin, what expression does the Divine Presence use? I am distressed [kallani] about My head, I am distressed about My arm, meaning, I, too, suffer when the wicked are punished. From here it is derived: If God suffers such distress over the blood of the wicked that is spilled, even though they justly deserved their punishment, it can be inferred a fortiori that He suffers distress over the blood of the righteous.

We explore the notion of the Schechinah suffering alongside mankind.

Sanhedrin 45: בְּרוֹר לוֹ מִיתָה יָפָה

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According to the simple reading of the passage in Sefer Devarim (21:22), someone who receives a death penalty will subsequently be hanged (and removed by nightfall). This reading of the Torah is rejected by both Rabbi Eliezer and the Ḥakhamim in the Mishna. Rabbi Eliezer restricts it to people who are condemned to death by stoning; the Ḥakhamim limit it further, only to people who are killed for blasphemy or idol worship. Another disagreement between the tanna’im relates to hanging women.

We explore the method of stoning and types of capital crimes.

Sanhedrin 44: תְּהֵא מִיתָתִי כַּפָּרָה

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When death sentences are carried out in civilized countries that have a death penalty, the condemned is asked to confess and show regret for the crime that he committed.

The Mishna teaches that Jewish law strongly encourages this behavior. According to the Mishna (43b), when the condemned man was ten cubits from the place of execution the court-appointed individuals who escorted him would tell him to confess, since by doing so his execution would serve as an atonement for him and he would receive a share in the World-to-Come.

We explore public confessions and vidui.

Sanhedrin 43: חֲמִשָּׁה תַּלְמִידִים הָיוּ לוֹ לְיֵשׁוּ הַנּוֹצְרִי

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Our daf includes a section of the Gemara that was censored and does not appear in standard texts of the Talmud.

The Mishna on our daf teaches that before the condemned man is taken to be killed a public announcement is made: So-and-so the son of So-and-so is to be taken to be killed by stoning for committing a particular capital crime. Anyone who has anything to say on his behalf should come forward to speak up for him.

On the eve of the Passover Jesus was hanged. For forty days before the execution took place, a herald went forth and cried, ‘He is going forth to be stoned because he has practiced sorcery and enticed Israel to apostasy. Anyone who can say anything on his behalf, let him come forward.’ But since nothing was brought forward in his favor he was hanged on the eve of the Passover.

Having mentioned Jesus, the Gemara lists his five disciples, Mattai, Nakai, Netzer, Buni and Toda, all of whom are presented as offering biblical proof that they should not be killed based on how their names appear in Tanakh, and the Sages respond with corresponding passages that show that these names – and the people attached to them – can be destroyed.

We explore the textual talmudic evidence for the historical Jesus.

Sanhedrin 42: בֵית הַסְּקִילָה חוּץ לְבֵית דִּין

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According to Jewish law, carrying out the death penalty is not only performed out of a sense of protecting the community by removing a dangerous person from its midst, but also the fulfillment of a Torah obligation incumbent upon the beit din, and like all mitzvot it has many requirements and details. Thus this chapter covers such topics as the location where the punishment will be carried out, the means by which it will be carried out, upon whom is it incumbent to carry out the punishment and so forth…

Once convicted of stoning, there were a number of processes instituted in order to allow for a chance that new evidence may be brought forward to acquit.

A whole section of the gemara about Yeshu the Nazarene was censored and does not appear in the standard printed edition of the gemara.

We explore these missing passages today and tomorrow.

Sanhedrin 41: מִשֶּׁחָרַב בֵּית הַמִּקְדָּשׁ, הִתְקִין רַבָּן יוֹחָנָן בֶּן זַכַּא

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Who is ben Zakkai?

The Gemara is reluctant to identify him with the great tanna, Rabban Yoḥanan ben Zakkai, since the story in the Mishna places him as a member of the Sanhedrin dealing with capital cases, while we have a tradition that of the 120 years of his life Rabban Yoḥanan ben Zakkai spent the first 40 as a businessman, the next 40 as a student and the final 40 as a teacher.

Furthermore we know that the Sanhedrin moved from its location on the Temple Mount and ceased to try capital cases 40 years before the destruction (see Rosh HaShana 31b), yet Rabban Yoḥanan ben Zakkai was active as a teacher and leader of the Jewish community after the destruction of the Second Temple.

The Gemara concludes that he must have presented his idea of asking questions of bedikot that include such detailed information while he was still a student and was called simply ben Zakkai.

We explore this paradoxical character through the eyes of modern scholarship.

Sanhedrin 40: אֱלֹהֵיכֶם גַּנָּב הוּא

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What relationships existed between the Sages and their non-Jewish contemporaries?

One example of a close relationship can be learned from the stories told of Rabban Gamliel of Yavne, who was head of the Jewish community following the destruction of the Second Temple, and the Roman emperor – most likely one of the Caesars that followed Vespasian’s dynasty (perhaps Traianus) – whose interests included science, literature and the religious beliefs of other cultures.

The Gemara on our daf lists questions posed by the Caesar to Rabban Gamliel about issues of religion and science. For example, one challenge that was posed accused God of being a thief, since the Torah describes that he put Adam to sleep in order to steal the rib from which Eve was created (see Bereshit 2:21).

Sanhedrin 39: אֱלֹהֵיכֶם גַּנָּב הוּא

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What relationships existed between the Sages and their non-Jewish contemporaries?

One example of a close relationship can be learned from the stories told of Rabban Gamliel of Yavne, who was head of the Jewish community following the destruction of the Second Temple, and the Roman emperor – most likely one of the Caesars that followed Vespasian’s dynasty (perhaps Traianus) – whose interests included science, literature and the religious beliefs of other cultures.

The Gemara on our daf lists questions posed by the Caesar to Rabban Gamliel about issues of religion and science. For example, one challenge that was posed accused God of being a thief, since the Torah describes that he put Adam to sleep in order to steal the rib from which Eve was created (see Bereshit 2:21).

Sanhedrin 38: מָה אֱנוֹשׁ כִּי תִזְכְּרֶנּוּ

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Rav Yehuda says that Rav says: At the time that the Holy One, Blessed be He, sought to create a person, He created one group of ministering angels. He said to them: If you agree, let us fashion a person in our image.The angels said before him: Master of the Universe, what are the actions of this person You suggest to create? God said to them: His actions are such and such, according to human nature.

The angels said before him: Master of the Universe: “What is man that You are mindful of him? And the son of man that You think of him?” (Psalms 8:5), i.e., a creature such as this is not worth creating. God outstretched His small finger among them and burned them with fire. And the same occurred with a second group of angels. The third group of angels that He asked said before Him: Master of the Universe, the first two groups who spoke their mind before You, what did they accomplish? The entire world is Yours; whatever You wish to do in Your world, do. God then created the first person.

We explore this dazzling midrash and the conselling with angels in rabbinic literature.

Sanhedrin 37: חַבּוּרוֹת חַבּוּרוֹת, פְּצִיעוֹת פְּצִיעוֹת

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Rav Yehudah the son of Rabbi Chiya said: This teaches us that Cain inflicted upon his brother Abel many bruises and wounds (until he killed him), because he did not know from where the soul departs, until he reached his neck.

Rav Yehudah the son of Rabbi Chiya also said: Since the day the earth opened its mouth to receive the blood of Abel, it has never opened it again.

Rav Yehudah brei d'Rebbi Chiya says that from the day that the ground swallowed the blood of Hevel, it never opened again. His brother, Chizkiyah, asks that the earth opened up to swallow the sinners in the incident of Korach. Rav Yehudah answers that it opened only for a bad occurrence, and not for a good occurrence.

We explore the sin of Cain.

Sanhedrin 36: סוּגָה בַּשּׁוֹשַׁנִּים

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The Mishnah describes how the members of the Sanhedrin sat in a row in the shape of a half-circle in order for each person to be able to see everyone else.[1]

Why was it necessary for everyone to be able to have direct eye contact with everyone else?

Rashi explains that it is only when people have direct sight of each other that they can listen and then argue and debate with each other.

Rambam (Hilchos Sanhedrin 1:3) explains that this arrangement was used in order for the President and the Av Beis Din to be able to see everyone. Lechem Mishneh notes that this was a sign of respect for these leaders to sit in the middle and for everyone to easily be able to listen to them.

Rashi also addresses why the Sanhedrin sat in a half-circle rather than in a full circle. From a technical standpoint, the witnesses and litigants would have to have a way to enter the circle to present themselves in front of the judges .

We explore the history of the Hungarian Sanhedrin Synod in the 19th century.