Babylonian Talmud

Rodkinson 1918 — source 15, scan section 4

husband of one's sister, also the husband of the sister of one's father and the husband of the sister of one's mother, their sons and their sons-in-law, are also excluded from being witnesses. A stepfather ... his son-in-law, etc. There was a deed of gift which was signed by two brothers-in-law — i.e., two husbands of two sisters, etc. How were the witnesses examined ? They were brought into separate chambers, etc. How were the witnesses fnghtened ? There was one who had hidden witnesses under the curtains of /lis bed, and he said to his debtor : " Have I a mana with you ? " etc. There was one who was named by the people "the man who has against him a whole kab of promissory notes." There was another who was named "the mouse who lies on dinars," etc. There was a document of confession in which it was not written : " He (the debtor) has said to us, ' Write a document, sign, and give it him * (the creditor)," etc. " I have seen your de- ceased father hide money in a certain place, saying, 'This belongs to so-and- so,' "etc. How is the judgment to be written? So was the custom of the pure-minded in Jerusalem. They let parties enter, listened to their claims, and thereafter let the witnesses enter, listened to their testimony, then told all of them to go out, etc. This is a rule for every case in which is mentioned "a witness," that it means two. Simeon b. Alyaqim was anxious that the degree of Rabbi should be granted to Jose b. Hanina, etc., etc. A con- fession after a confession, or a confession after a loan, may be conjoined ; but a loan after a loan, or a loan after a confession, do not join (p. 91). Witnesses in civil cases who contradict one another in unimportant investi- gations are to be considered. So long as the defendant brings evidence to his advantage, the decision may be nullified by the court. However, if after he had said, "I have no witnesses," etc. What happened to R. Na'hman with a young man whom he made liable. If one who is summoning a party who says, "I want my case brought before the assembly of sages," etc., he may be compelled to try his case in that city. In Babylon they are not allowed to try cases of fine, 79-96 CHAPTER IV. MiSHNAS /. TO ///. Cases coming before the court, the witnesses thereof must be examined and investigated. What difference is there between civil and criminal ? The following from (a) to (g). Biblically there is no differ- ence between civil and criminal cases concerning investigations. But why is it enacted that civil cases do not need investigation ? "Justice, only jus- tice, shalt thou pursue," means that one shall follow to the city of a cele- brated judge, etc. What has the court first to say to the advantage of the defense in criminal cases? If one has tried a case, and made liable him who is not, or vice versa, etc. Tudiis the physician testified tliat not one cow or one swine was sent from Alexandria in Egypt of which the womb was not removed. If one was found guilty by the court, and thereafter one come, saying : T know a defense for him, etc. So long as the fire in the SYNOPSIS OF SUBJECTS. xv stove burns, cut off all that you want to roast, and roast it. [I.e., when you are studying a thing, consider it thoroughly to prevent questions.) All who take part in the discussion may explain their reasons, until one of the accus- ers shall yield to one of the defenders. In the neighborhood of R. Johanan there was one who was blind who used to judge cases, etc. From the time of Moses until the time of Rabbi, we do not find one man who was unique in the possession of wisdom, riches, and glory, etc. One may teach his disciple, and at the same time may judge in association with him in criminal cases. In ten things civil cases differ from criminal cases. All are competent to judge civil cases. But not all of them are competent to -'udge criminal cases. The Sanhedrin sat in a half-circle in order that they could see each other, etc. The Torah has testified that we are such a kind of people that even a fence of lilies is sufficient for us, and will never be broken. How were the witnesses awestruck in criminal cases ? A human being stamps many coins with one stamp, and all of them are alike ; but the Holy One, blessed be He, has stamped every man with the stamp of Adam the first, and, nevertheless, not one of them is like the other. Although the court of the Sanhedrin ex- isted no longer, the punishment of the four kinds of death prescribed in the Scripture was not abolished by Heaven. Adam the first was created singly, and why? That disbelievers should not say there were many Creators in heaven, etc. In three things one is different from his neighbor — in voice, etc., 97-114 CHAPTER V. MiSHNA /. The court used to examine the witnesses with seven inquiries, etc. Should one of the witnesses say, "I have something to say in behaU of the defendant," or one of the disciples, " I have something to say to the dis- advantage of the defendant," the court silences him. Why not say that eight queries are necessary in the examination ? Viz., how many minutes are there in the hour ? Do you recognize this man as the murderer of him who was slain ? Was he a heathen or an Israelite .'' Have you warned him ? Did he accept the warning ? etc. Whence do we deduce that the warning is prescribed biblically ? Witnesses who testified in case of a be- trothed woman, if they be found collusive, are not to be put to death. What is the difference between examination ? etc. Until what time may the bene- diction of the moon be pronounced } If Israel should have only the merito- rious act of receiving the glory of their heavenly Father once a month, it would be sufficient. They do not drink wine. And why not ? In civil cases the court may say : The case becomes old, etc., . . 115-125 CHAPTER VI. MiSHNAS /. TO IV. If the conclusion was to condemn, the guilty one was taken out immediately to be stoned. A herald goes before him, heralding : So and so, etc. One stands with a flag. I doubt who had to bear the cost of the flag and horse mentioned in the Mishna, etc. If one of the disciples said, " I have something to say in behalf of the defendant," and thereafter he became dumb ? He who is modest, the verse considers him as if he should £T1 SYNOPSIS OF SUBJECTS. sacrifice all the sacrifices mentioned in the Scripture. When he (the guilty) was far from the place of execution — a distance of ten ells — he was told to confess. Why are the words " unto us and to our children," and the Ayin of the "ad " pointed ? The Lord said to Joshua : Thou thyself hast caused all the evils, because thou didst excommunicate the goods of Jericho. One should always proceed with prayer before trouble comes. It happened with