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Babylonian Talmud: Tractate Sanhedrin
Folio 49aLet thyself be cursed rather than curse [another].1Then Joab was brought before the Court,2 and he [Solomon] judged and questioned him, 'Why didst thou kill Abner?'3 He answered, 'I was Asahel's4 avenger of blood.'5 'But Asahel was a pursuer!'6 'Even so,' answered he; 'but he [Abner] should have saved himself at the cost of one of his [Asahel's] limbs.'7 'Yet perhaps he could not do so, remonstrated [Solomon]. 'If he could aim exactly at the fifth rib,' he retorted, ('even as it is written, Abner with the hinder end of the spear smote him at the waist;8 concerning which R. Johanan said: It was at the fifth rib, where the gall-bladder and liver are suspended.) — could he not have aimed at one of his limbs?' Thereupon [Solomon] said: 'Let us drop [the incident of] Abner; why didst thou kill Amasa?'9 He answered: 'Amasa disobeyed the royal order,10 for it is written, Then said the King to Amasa, Call me the men of Judah together within three days etc. So Amasa went to call the men of Judah together; but he tarried etc.' 'But,' said he [Solomon], 'Amasa interpreted [the particles] 'Ak and Rak.'11 [Thus:] he found them12 just as they had begun [the study of] a tractate; whereupon he said: It is written, Whosoever he be that shall rebel against thy [the King's] commandments and shall not hearken unto thy words in all that thou commandest him, he shall be put to death.13 Now, one might have thought that this holds good even [when the transgression is committed] for the sake of the study of the law: it is therefore written, only [Rak] be strong and of good courage.14 But thou thyself15 didst disobey the royal order, for it is written, And the tidings16 come to Joab, for Joab had turned after Adonijah, though he had turned not after Absalom.17 What is the purpose of 'though he had turned not.'18 — Rab Judah said: He wished to turn [after him], but did not. And why did he not? — R. Eleazar said: David still possessed his vitality.19 R. Jose the son of R. Hanina said: David's star20 was still in the ascendant, for Rab Judah said in Rab's name:21 Four hundred children had David, all the issue of yefoth to'ar; they had long locks, and used to march at the head of the troops; it was they who were the men of power in David's household. This [view of Joab] is in contradiction to the view held by R. Abba b. Kahana, who said: But for David,22 Joab would not have succeeded in23 war; and but for Joab, David could not have devoted himself to [the study of] the Torah, for it is written, And David executed justice and righteousness for all his people, and Joab the son of Zeruiah was over the host:24 — i.e., why was David able to execute 'justice and righteousness for all his people'? — Because 'Joab was over the host.' And why was 'Joab over the host'?25 — Because 'David executed justice and righteousness for all his people.' And when Joab was come out from David he sent messengers after Abner and they brought him back from Bor-Sira.26 What meaning has [the name] Bor-Sira? — R. Abba b. Kahana said: Bor27 and Sira28 caused Abner to be killed.29 And Joab took him aside into the midst of the gate to speak with him quietly.30 R. Johanan said: He judged him according to the law of the Sanhedrin.31 Thus he asked him: 'Why didst thou kill Asahel?' — 'Because Asahel was my pursuer.' 'Then thou shouldst have saved thyself32 at the cost of one of his limbs!' 'I could not do that,' [he answered]. 'If thou couldst aim exactly at his fifth rib, couldst thou not have prevailed against him by [wounding] one of his limbs?' 'To speak with him ba-sheli [quietly]:' Rab Judah said in Rab's name: [He spoke to him] concerning the putting off [of the shoe].33 'And smote him there at the waist:' R. Johanan said: At the fifth rib, where the gall-bladder and liver are suspended.34 And the Lord will return his [Joab's] blood upon his own head because he fell upon two men more righteous and better than he.35 'Better,' because they interpreted aright [the particles] 'ak and rak,36 whilst he did not;37 'More righteous,' because they were instructed verbally,38 yet did not obey, whereas he was instructed in a letter,39 and nevertheless carried it out. But Amasa did not beware of the sword that was in Joab's hand.40 Rab said: That was because he did not suspect him. And he was buried in his own house in the wilderness.41 But was his house a wilderness?42 — Rab Judah said in Rab's name: It was like a wilderness, just as a wilderness is free to all, so was Joab's house free to all.43 Alternatively: 'Like a wilderness' means, just as a wilderness is free from robbery and licentiousness,44 so was Joab's house free from robbery and licentiousness. And Joab kept alive45 the rest of the city:46 R. Judah said: Even fish broth and hashed fish he would merely taste and then distribute to the poor.47
Sanhedrin 49bCHAPTER VIIMISHNAH. FOUR DEATHS HAVE BEEN ENTRUSTED TO BETH DIN: STONING, BURNING, SLAYING [BY THE SWORD] AND STRANGULATION.1 R. SIMEON ENUMERATED THEM THUS: BURNING, STONING, STRANGULATION AND SLAYING.2 THAT IS THE MANNER OF STONING.3 GEMARA. Raba said in the name of R. Sehora in the name of Rab: Whatever the Sages taught by number is in no particular order, excepting the [Mishnah of] the seven substances. For we learnt: Seven substances are applied to the stain, viz., tasteless saliva,4 the liquid exuded by crushed beans, urine, natron,5 lye,6 Cimolian earth7 and ashleg.8 Now, the latter clause [of that Mishnah] states: If they were not applied in this order, or if they were all applied simultaneously,9 the test is inconclusive. R. Papa the Elder said in Rab's name: The same [exception] applies to 'FOUR DEATHS etc'; for, since R. Simeon disputes the order, it is to be inferred that it is exact. But the other?10 — He does not refer to cases [where the order] is disputed. R. Papa said: The order of Service on the Day of Atonement is also exactly taught, for we learnt: All the rites of the Day of Atonement which are prescribed in a particular order, if one was performed out of its turn, it is invalid. But the other?11 — That law is merely one of added stringency.12 R. Huna, the son of R. Joshua said: The order of the Tamid13 is also exact, for in connection therewith we have learnt: This is the order of the Tamid.14 But the other?15 — That [Mishnah] merely teaches that the precept of the Tamid is best carried out in this order.16 [Now reverting to Raba's statement] this ['whatever etc.'] is intended to exclude the precept of halizah17 [from the need of a particular order in its procedure], for we have learnt: the precept of halizah is thus carried out: — He [the deceased man's brother] and his sister-in-law come before Beth din, who counsel him in a manner fitting for him,18 as it is written. Then the elders of his city shall call him, and speak unto him.19 Then she declares: My husband's brother refuseth etc.,20 whilst he states: I like not to take her.21 The members of Beth din thereupon announce in Hebrew:22 Then shall his brother's wife come unto him in the presence of the elders, and remove his shoe from off his foot, and spit in his sight23 — the spittle was to be visible to the judges — Then shall she answer and say, So shall it be done unto that man etc. … And his name shall be called in Israel etc. Now Rab Judah said: The precept of halizah is carried out thus: [First] she declares [My husband's brother refuseth etc.]; then he declares [I like not to take her]; then she removes his shoe and spits in his presence, and then she again declares [So shall it be done etc.]. But we pondered thereon: What does Rab Judah teach us? Is this not stated in the Mishnah? — Rab Judah teaches us this: The precept is best carried out thus; but if the order was changed, it does not matter. It has been taught likewise: Whether the halizah was performed before the spitting or the reverse, the ceremony is efficacious. Raba's statement above is also intended to exclude that which we learnt: The High Priest officiates [in the Temple] wearing eight garments, but the ordinary priest wears only four, viz., tunic, breeches, mitre and girdle; to which the High Priest adds the breast plate, ephod, robe24 and head plate. Now it has been taught: Whence do we know that nothing must be donned before the breeches? From the verse: [He shall put on the holy linen tunic,] and the linen breeches shall [already] be upon his flesh.25 But why does the Tanna give precedence [in this enumeration] to the tunic? — Because it is given precedence in Scripture;26 and why does Scripture do this? — Because it prefers to state first that which covers the whole body.27 STONING, BURNING, etc. Stoning is severer than burning, since thus the blasphemer28 and the idol-worshipper are executed.29 Wherein lies the particular enormity of these offences? — Because they constitute an attack upon the fundamental belief of Judaism.30 On the contrary, is not burning more severe, since that is the punishment of a priest's adulterous daughter; and wherein lies the greater enormity of her offence: in that she profanes her father?31
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