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Babylonian Talmud: Tractate Sanhedrin
Folio 42aNow, both agree with R. Johanan,1 but the one [explains it as meaning]: Until it is like a strung bow;2 the other: Until it is like a sieve.3R. Aha of Difti4 said to Rabina:5 Yet should not one utter the benediction,6 'Blessed … who art good and dispensest good'!7 — He replied: But when it is waning, do we say, 'Blessed be the true judge.'8 that we should say: 'Blessed … who art good and dispensest good?'9 But why should not both be recited?10 Since it is a regular phenomenon, no benediction at all is required.11 R. Aha b. Hanina also said in the name of R. Assi in R. Johanan's name: Whoever pronounces the benediction over the new moon in its due time welcomes, as it were, the presence of the Shechinah: for one passage states, This month;12 whilst elsewhere it is said, This is my God, and I will giorify Him.13 In the school of Rabbi Ishmael it was taught: Had Israel inherited no other privilege14 than to greet the presence of their Heavenly Father once a month,15 it were sufficient. Abaye said: Therefore16 we must recite it standing. But Meremar and Mar Zutra allowed themselves to be carried on the shoulders17 when they pronounced the blessing. R. Aha said to R. Ashi: In 'the West,' they pronounce the following benediction: 'Blessed be He who reneweth the moons.' Whereupon he retorted: Such a blessing even our women folk pronounce!18 But [one should rather use the following], in accordance with Rab Judah, who gives it thus: Praised etc.19 who created the Heavens with His word, and all their hosts with the breath of His mouth. He appointed unto them fixed laws and times, that they should not change their ordinance. They rejoice and are glad to do the will of their Creator. They work20 truthfully, for their action is truth. The moon He ordered that she should renew herself as a crown of beauty for those whom He sustains from the womb,21 and who will, like it, be renewed in the future, and magnify their Maker in the name of the glory of His kingdom. Blessed art Thou, O Lord, who renewest the moons. For with wise advice22 thou shalt make thy war.23 R. Aha b. Hanina [further] said in the name of R. Assi in R. Johanan's name: In whom do you find [skill to conquer in] the battle of the Torah?24 — Only in him who possesses bundles of Mishnah [teaching].25 R. Joseph applied to himself [the verse]: Much increase [of grain] is by the strength of the ox.26 SIMILARLY, IF ONE TESTIFIED, 'DURING THE SECOND HOUR' etc. R. Shimi b. Ash said: They taught this only of hours.27 But if one testifies, 'It was before sunrise,' and the other says, 'After sunrise, their evidence is invalid.28 This is obvious29 — But [put it thus:] if one testifies, 'Before sunrise,' and the other, 'During sunrise.'30 But this too is obvious! I might, however, think that he [the witness] was standing in the glow [before sunrise] and what he saw was but a gleam:31 He therefore informs us otherwise. AFTER THIS, THE SECOND WITNESS IS ADMITTED etc. [AND HE DOES NOT DESCEND FROM THERE ALL THAT DAY.] Only THAT DAY,32 and no longer? But has it not been taught: 'If there is substance in his statement, he does not go down from there at all;33 but if there is no substance therein, he does not descend thence all that day, that his rise be not his fall'?34 — Abaye said: Interpret it [sc. the Mishnah] as applying [to a case] where no substance was found in his statement. IF THEY FIND HIM NOT GUILTY etc. [AND DRINK NO WINE]. Why drink no wine? — R. Aha b. Hanina said: Scripture states, It is not for princes35 to say, Where is strong drink?36 [i.e.,] those who are engaged in [unravelling] the secrets of the world37 must not become drunk. THE TWO SIDES DEBATE THE CASE TOGETHER UNTIL ONE OF THOSE WHO CONDEMN AGREES WITH etc. But what if they do not agree? R. Aha ruled: He is discharged. R. Johanan said likewise: He is discharged. R. Papa said to Abaye: Then he should be set free in the first place!38 He answered: Thus did R. Johanan say: It is in order that they may not leave the Court in confusion.39 Some say that R. Papa said to Abaye: Why add, Let him be discharged by the first court?40 To which he replied: R. Jose is in agreement with you. For it has been taught: R. Jose said: Just as a court of seventy-one is not increased, so may a court of twenty-three not be increased. Our Rabbis taught: In civil suits, a declaration is made, The judgement nizdakan;41 but not in capital charges.42 What does (for note 9 see p. 274) nizdakan mean? Shall we say, The case is difficult:43 surely, the reverse should have been taught!44 R. Huna b. Manoah said in the name of R. Aha the son of R. Ika: We should reverse (the instances). R. Ashi said: In truth, you need not reverse it: what is meant by 'The judgment nizdakan'? — The case is wisely [established].45 An objection is raised: The presiding judge declares, 'The judgment nizdakan.' Now, should you agree that it means, 'The case is wisely established,' it is correct, hence the presiding judge makes the declaration. But if you maintain that it means, The case is difficult;' is it not better that the presiding judge should not say it? Surely in doing so he actually disgraces himself! — There is no comparison between declaring one's own disgrace and having another declare it.46 Others state: Should you agree that it means, The case is difficult,' it is correct, for there is no comparison between declaring ones own disgrace and having another declare it. But if you maintain that it means, 'The case is wisely established:' does not the president [of the court] thereby praise himself? Whereas it is written, Let another praise thee and not thine own mouth?47 — It is different in judicial matters, since the president is charged with the duty,48 as we learnt: When a decision has been arrived at, they are admitted, and the presiding judge declares, 'So and so, thou art not liable,' or, 'So and so, thou art liable.'49
Sanhedrin 42bCHAPTER VIMISHNAH. WHEN THE TRIAL IS ENDED,1 HE [THE CONDEMNED] IS LED FORTH TO BE STONED.2 THE PLACE OF STONING WAS WITHOUT THE COURT, EVEN AS IT IS WRITTEN, BRING FORTH HIM THAT HATH CURSED.3 A MAN WAS STATIONED AT THE DOOR OF THE COURT WITH THE SIGNALLING FLAG4 IN HIS HAND, AND A HORSE-MAN WAS STATIONED AT THE DISTANCE YET WITHIN SIGHT OF HIM,5 AND THEN IF ONE6 SAYS, 'I HAVE SOMETHING [FURTHER] TO STATE IN HIS FAVOUR', HE [THE SIGNALLER] WAVES THE FLAG, AND THE HORSE-MAN RUNS AND STOPS THEM.7 AND EVEN IF HE HIMSELF SAYS, 'I HAVE SOMETHING TO PLEAD IN MY OWN FAVOUR', HE IS BROUGHT BACK, EVEN FOUR OR FIVE TIMES, PROVIDING, HOWEVER, THAT THERE IS SUBSTANCE IN HIS ASSERTION. GEMARA. And was the place of stoning only just outside the court and no further? Has it not been taught: The place of stoning was outside the three encampments?8 — True, it is even as you say, yet he teaches it thus, so that one may infer from it that if the Beth din went forth9 and stationed itself outside the three encampments,10 even so the place of stoning had to be without the court, in order that it [the court] should not appear murderously inclined, or that there might be a possibility of deliverance.11 Whence is this inferred?12 From what our Rabbis taught: Bring forth him that hath cursed without the camp:13 i.e., without the three camps. You say, 'without the three camps:' but may it not mean simply outside one camp? — It is here stated, Without the camp; and in reference to the bulls that were [wholly] burned,14 it is also said, without the camp:15 Just as there, [it means] without the three camps, so here too. And whence is that derived there? — From what our Rabbis taught: The whole bullock shall he carry away without the camp16 — i.e., without the three camps. You say, 'without the three camps;' but perhaps it simply means 'without one camp'?17 — But when Scripture states further, with reference to the bull offered for the Community,18 without the camp, which is unnecessary, for it has already been stated, And he shall burn it as he hath burned the first bullock,19 its purpose is to add a second camp.20 And when Scripture states further, with reference to the ashes,21 without the camp,22 which is also superfluous, since it has already been said, Where the ashes are poured out shall it be burned,23 its purpose must be to add a third camp.24 But why not derive it25 from the sacrifices slaughtered without [the legitimate precincts]?26 Just as there, [the meaning is] without one camp,27 so here too, without one camp is meant! — It is logical to make the deduction from the bullocks that were [wholly] burned, since they have the following points in common: [i] Bring forth … without the camp; [ii] [the bringing forth] is a necessary preliminary [to the act]; [iii] atonement.28 On the contrary, it should rather be deduced from the sacrifices slaughtered without, since they have the following in common; [i] human being; [ii] sinners; [iii] life is taken; and [iv] piggul?29 — It is preferable to deduce one necessary preliminary from another.30 R. Papa said:31 Where did Moses reside? In the camp of the Levites.32 And God said to him: Bring forth him that hath cursed without the camp33 — which therefore means, without the camp of the Levites. Hence, when it states, And they brought forth him that had cursed outside the camp, the camp of the Israelites [must be meant].34 But surely, that is necessary to intimate the fulfilment [of the command]? — This fulfilment is expressly stated:
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