Hebrew Literature Part 19

1. "Judgments for money (require) three (judges). Robbery and beating (require) three. Damages or half damages, double payments and payments four or five fold (require) three." "Constraint, and enticement, and slander (require) three." The words of R. Meier. But the Sages say, "slander (requires) twenty-three judges, because there exist in it judgments of souls."

2. Stripes (require) three judges. In the name of Rabbi Ishmael, the Sages say, "twenty-three." "The intercalary month(368) requires three. The intercalary year requires three." The words of Rabbi Meier. Rabban Simon, the son of Gamaliel, said, "with three judges they begin, and with five they discuss, and they conclude with seven; and if they concluded with three it is intercalated."

3. "The appointment of elders, and striking off the heifer's neck(369) (require) three." The words of Rabbi Simon. But Rabbi Judah said, "five."

The loosing off the shoe,(370) and dissatisfaction in marriage (require) three. The produce(371) of the fourth year,(372) the second t.i.thes, of which the value is unknown (require) three. The valuation of holy things (requires) three. The estimation of movable things requires three. R.

Judah said, "one of them must be a priest." Immovable things require nine judges and a priest; and the valuation of a man (slave) is similar.

4. Judgments of souls (require) twenty-three judges. b.e.s.t.i.a.lity (requires) twenty-three, as is said, "and thou shalt slay the woman and the beast,"

and it is also said, "the beast thou shalt slay." An ox to be stoned (requires) twenty-three judges; as is said, "The ox shall be stoned, and his owner also shall be put to death,"(373) as is the death of the owner, so is the death of the ox. The wolf, and the lion, and the bear, and the leopard, and the panther, and the serpent, are to be put to death with twenty-three judges. R. Eliezer said, "everyone who first killed them has gained honor." R. Akiba said, "they are to be put to death after a judgment with twenty-three (judges)."

5. A tribe must not be judged, nor a false prophet, nor a high priest, save before the tribunal of seventy-one. And soldiers must not go forth to lawful warfare, save by a decree of the tribunal of seventy-one. Men must not add to the city or to the temple courts, save by a decision of the tribunal of seventy-one. They must not appoint judges to the tribes, save by a decision of the tribunal of seventy-one. A city must not be excluded, save by the tribunal of seventy-one. And the tribunal must not exclude a city on the border, nor exclude three cities, but only one or two.

6. The Great Sanhedrin consisted of seventy-one members, and the small one of twenty-three. And whence know we that the great one contained seventy-one? as is said, "Gather unto me seventy men of the elders of Israel",(374) and Moses over them. There are seventy-one. R. Judah said "seventy." And whence know we that the small one consisted of twenty-three? as is said, "Then the congregation shall judge";(375) "and the congregation shall deliver." A congregation to judge, and a congregation to deliver, there is twenty. And whence know we that a congregation required ten? as is said, "How long shall I bear with this evil congregation?"(376) Joshua and Caleb were excepted. "And whence know we to produce the other three?" From the meaning, as is said, "Thou shalt not follow a mult.i.tude to do evil."(377) I am hearing that "I shall be with them for good." If so, why is it said, "to decline after many to wrest judgment"?(378) "Because thy inclinations to good do not equal thy inclinations to evil. Thy inclinations to good are by the report of one.

Thy inclinations to evil are by the report of two. And a tribunal must not be balanced. Another must be added. There are twenty-three." "And how populous must be the city suited for judges?" "One hundred and twenty." R.

Nehemiah said "230 to represent twenty-three overseers of tens."

Chapter II

1. The high-priest may judge, and be judged.(379) He may bear witness, and witness may be borne against him. He may have his shoe loosed, and the shoe may be loosed for his wife.(380) His brother may take his wife, but he must not take his brother's wife, because he is prevented from marrying a widow. If there happened a death in his family, he must not go immediately behind the bier. "But when the (mourners) are concealed (in a street), then he is discovered (to the public). They are discovered to the public, and he is concealed in a street. And he may go with them to the entrance gate of the city." The words of R. Meier. R. Judah said, "he must not depart from the sanctuary"; as is said, "neither shall he go out of the sanctuary."(381) And when he comforts others, the fashion of all the people is to pa.s.s one after the other, and the deputy priest puts him in the middle between himself and the people. But when he is comforted by others, all the people say to him, "we are thy atonement." And he says to them, "you shall be blessed from heaven." And at the first meal(382) after a funeral, all the people recline on the ground, and he sits on a stool.

2. The king neither judges, nor is he judged. He neither bears witness, nor is witness borne against him. He does not unloose the shoe, and the shoe is not unloosed for his wife. He does not marry his brother's wife, nor is his wife married by his brother. R. Judah said, "if he pleased he may unloose the shoe, or marry his brother's wife. He is remembered in prayer for good." The Sages said to him, "we do not hear him (the king) (for unloosing the shoe) and his widow must not marry." R. Judah said, "the king may marry the widow of a king, as we find with David that he married the widow of Saul"; as is said, "And I gave thee thy master's house, and thy master's wives into thy bosom."(383)

3. If there happened a death in his family, he goes not out from the entrance of his palace. R. Judah said, "if he pleases to go after the bier he may go, as we find in David that he went after the bier of Abner"; as is said, "And King David himself followed the bier."(384) The Sages said to him, "this only happened to pacify the people." And at the first meal after a funeral, all the people recline on the ground, and he sits on a sofa.

4. And he may go forth to lawful warfare by order of the supreme court of seventy-one, and he may break down a road for himself, and none can prevent him. The road of a king is without measure, and all the people plunder and lay it before him. And he takes part first. He must not multiply wives beyond eighteen. R. Judah said, "he may multiply wives for himself so long as they do not turn away his heart." R. Simon said, "even if one turn away his heart, he should not marry her." If so, wherefore is it said, "he must not multiply for himself wives, even though they be as Abigail"? He must not multiply horses, except sufficient for his own riding. And silver and gold he must not multiply much, only sufficient to pay his own expenses. And he must write a book of the law for himself.

When he goes out to war, he must bring it with him. When he returns, he must bring it with him. If he sit in judgment it is with him. When he is seated it is before him, as is said, "And it shall be with him, and he shall read therein all the days of his life."(385)

5. None may ride on his horse, and none may sit on his chair, and none may use his sceptre, and none may see him shaving, either when he is naked, or in the bath, as is said, "Thou shalt in any wise set him king over thee,"(386) that his dread be upon thee.

Chapter III

1. "Judgments in money matters (require) three judges. This party chooses for himself one, and the other party chooses for himself one. And both parties choose another." The words of R. Meier. But the Sages say, "the two judges choose for themselves the other." "This one may declare the judge of that one illegal. And that one may declare the judge of this one illegal." The words of R. Meier. But the Sages say, "it is only when witness can be brought against them that they are related or unlawful."

"But if they be righteous or experienced, they must not be declared illegal." "This one may declare illegal the witness of that one. And that one may declare illegal the witness of this one." The words of R. Meier.

But the Sages say, "it is only when witness can be brought against them that they are related or unlawful, but if they be righteous they must not be declared illegal."

2. One said to the other, "I trust my father," "I trust thy father," "I trust three cowherds." R. Meier said, "he may change his mind." But the Sages say, "he must not change." If he must give an oath to his companion, and he said to him, "vow to me by the life of thy head"? R. Meier said, "he may change his mind." But the Sages say, "he must not change his mind."

3. And these are illegal (as judges or witnesses), one who played at cards, or lent on usury, or bet on the flight of doves, or trades in the Sabbatical year. R. Simon said, "at first they were called gatherers on the Sabbatical year; when they were forced by Gentiles to cultivate the ground, they changed to call them traders on the Sabbatical year." R.

Judah said, "it is only when they have no other occupation but this one alone: but if they have another occupation, they are allowed."

4. And these are related, his father and his brother, and the brethren of his father, and the brethren of his mother, and the husband of his sister, and the husband of his father's sister, and the husband of his mother's sister. And the husband of his mother and his father-in-law, and his brother-in-law, they, their children, and their sons-in-law, and his step-son alone. R. Jose said, "this was the teaching of R. Akiba; but the first teaching was, his uncle and the son of his uncle, and all suitable for inheritance, and everyone related to him at the present time." "One was related and became estranged?" "He is lawful." R. Judah said, "even if his daughter died, and he has children left by her, they are related."

5. "Who is a friend? and who is an enemy?" "A friend is the bridegroom's best man, an enemy is everyone who has not spoken with him three days in malice." The Sages replied to him, "Israelites are not so suspicious."

6. "How are witnesses examined?" "They are brought in and intimidated; and all other men are driven out." And the chief of the witnesses is left, and they say to him, "tell us how do you know that this man is indebted to that man?" If the witness said, "he told me that I am indebted to him"-"such a man told me that he is indebted to him"-he has said nothing, till he shall say, "he acknowledged in our presence that he owed him 200 zuz." And afterward the second witness is brought in, and examined. If their statements were found agreeing, the judges held a conversation. Two of them said "he is clear," and one said "he is indebted"? "He is cleared." "Two said, he is indebted, and one said, he is clear?" "He is indebted." "One said he is clear, and one said he is indebted? And even if two p.r.o.nounced him clear or indebted, and one said, 'I don't know'?" "The judges must be increased."

7. The matter is finished. They bring in the plaintiff and defendant. The chief judge says, "thou, such a one, art clear; thou such a one, art indebted." "And whence know we that one of the judges on going out should not say, 'I was for clearing him, but my colleagues p.r.o.nounced him indebted, but what shall I do when my colleagues are too many for me'?"

"Of this man it is said, 'Thou shalt not go up and down as a tale-bearer among thy people';(387) and it is said, 'A tale-bearer revealeth secrets.' "(388)

8. At any time the one condemned may bring evidence and annul the judgment. The judges said to him, "bring all your evidence within thirty days from this date." If he brought them within thirty days, it is annulled, if after thirty days, it is not annulled. Rabban Simon, the son of Gamaliel, said, "what shall he do if he did not find them within thirty days, but found them after thirty days?" "The judges said to him, 'bring witnesses'; and he said, 'I have no witnesses'; they said, 'bring evidence'; and he said, 'I have no evidence'; but afterward he found evidence, and found witnesses?" "They are nothing." Rabban Simon, the son of Gamaliel, said, "what shall he do if he did not know that he had witnesses, and found witnesses; he did not know that he had evidence, and found evidence?" "They said to him, 'bring witnesses'; he said, 'I have no witnesses.' 'Bring evidence,' and he said, 'I have no evidence.' " "He saw that he will be p.r.o.nounced indebted in judgment, and he said, 'approach such a one, and such a one, and bear witness for me,' or 'he pulled out evidence from his pocket'?" "It is nothing."

Chapter IV

1. Judgments in money and judgments in souls must be equally inquired into and investigated; as is said, "Ye shall have one manner of law."(389) "What is the difference between judgments in money and judgments in souls?" "Judgments in money (require) three judges, judgments in souls twenty-three. Judgments in money open the case either for clearing or proving indebted, but judgments of souls open the case for clearing, and the case is not opened for condemning. Judgments in money are balanced by one judge either for clearing or proving indebted; but judgments in souls are balanced by one for clearing and by two for condemning. Judgments in money may be reversed either for clearing or proving indebted; but judgments in souls may be reversed for clearing, but must not be reversed for condemnation. All may express an opinion on judgments in money for clearing or proving indebted. All may express an opinion on judgments in souls for clearing, but all must not express an opinion for condemnation.

He who has expressed an opinion on judgments in money for proving indebted, may express an opinion for clearing, and he who has expressed an opinion for clearing, may express an opinion for proving indebted. He who has expressed an opinion on judgments in souls for condemnation may express an opinion for clearing, but he who has expressed an opinion for clearing must not reverse it to express an opinion for condemnation.

Judgments in money are conducted by day and settled by night. Judgments in souls are conducted by day and settled by day. Judgments in money are settled on the same day, either for clearing or proving indebted.

Judgments in souls are finished on the same day for clearing, and on the day after it for condemnation-wherefore there can be no judgments on Friday or on the eve of a festival."(390)

2. Judgments in legal uncleanness and legal cleansings begin with the Supreme (judge). Judgments in souls begin with a judge at his side. All are eligible to p.r.o.nounce judgments in money matters, but all are not eligible to p.r.o.nounce judgments in souls-only priests, Levites, and Israelites who can intermarry into the priesthood.

3. The Sanhedrin was like half a round threshing-floor, in order that the members might observe each other. And two scribes of the judges stood before them-one on the right and one on the left. And they wrote the sentence of acquittal, and the sentence of condemnation. R. Judah said, "three; one scribe wrote the sentence of acquittal, and one wrote the sentence of condemnation; and the third wrote both the sentence of acquittal and the sentence of condemnation."

4. And three rows of the disciples of the wise sat before them. And each one knew his place. When it was necessary to appoint a judge, they appointed one from the first row. One from the second row came instead of him into the first, and one from the third row came instead of him into the second, and they selected another from the congregation, and they seated him in the third row, and he did not sit in the place of his predecessor, but he sat in a place suitable for himself.

5. "How did the judges intimidate witnesses in the testimony for souls?"

"They introduced them, and intimidated them." "Perhaps you are speaking from guess? or from hearsay? witness from witness? or from a trustworthy man we heard it?" Or, perhaps, "you don't know that at the last we shall proceed to inquire into your own character and investigate it." "Have a knowledge that the judgments of money are not as the judgments of souls.

Judgments for money, when the man pays the money he has atoned. In judgments for souls his blood and the blood of his posterity are suspended till the end of the world." So we find it with Cain when he slew his brother. It is said of him,(391) "the voice of thy brother's bloods crieth." He does not say thy brother's blood, but bloods of thy brother, his blood and the blood of his posterity. Another thing is also meant, that thy brother's bloods are spattered on wood, and on stones. Therefore man is created single, to teach thee that everyone who destroys one soul from Israel, to him is the verse applicable, as if he destroys a full world. And everyone who supports one soul in Israel, to him is the verse applicable, as if he supports the full world. And it is also said, for the peace of creation, that no man may justly say to his companion, my father is greater than thine. And that the Epicureans should not say, that there are more Creators in the heavens, and it is also said, to show forth the greatness of the Holy One, blessed be He! When man stamps many coins with one stamp, all are alike. But the King of Kings, the Holy One, blessed be He! stamped every man with the stamp of the first Adam, and no one of them is like his companion; therefore everyone is bound to say, "for my sake was the world created." But, perhaps, the witnesses will say "what is this trouble to us?" But is it not already said, "And is a witness, whether he hath seen or known of it; if he do not utter it?"(392) But perhaps the witnesses will say, "what is it to us, to be guilty of this man's blood?"

But is it not already said, "When the wicked perish, there is shouting"?(393)

Chapter V

1. The witnesses were examined with seven investigations. "In what Sabbatical year?" "In what year?" "In what month?" "What date in the month?" "What day?" "What hour?" "What place?" R. Jose said, "What day?"

"What hour?" "What place?" "Did you know him?" "Did you warn him?" In a case of idolatry, "whom did he serve?" "And with what did he serve?"

2. Every judge who extends examinations is praiseworthy. It happened that the son of Zacchai examined (even) on the stems of figs. And what difference is there between investigations and examinations? In investigations if one say, "I don't know," their witness is worthless. In examinations, if one say, "I don't know," and even two say, "we don't know," their witness stands. Whether in investigations or examinations, when they contradict each other, their witness is worthless.

3. One witness said, "on the second of the month," and another witness said, "the third of the month." Their witness stands. Because one knows of the intercalary month, and another does not know of the intercalary month.

One said, "on the third," and another said, "on the fifth"; their witness is worthless. One said, "at the second hour," and another said, "at the third hour"; their witness stands. One said, "at the third," and another said, "at the fifth"; their witness is worthless. R. Judah said, "it stands." One said, "on the fifth," and another said, "on the seventh"; their witness is worthless, because at the fifth (hour) the sun is in the east, and at the seventh hour the sun is in the west.

4. And afterward they introduce the second (witness) and examine him. If both their statements agree, they open the case with clearing. One of the witnesses says, "I possess information to clear him." Or one of the disciples of the Sanhedrin says, "I possess information for condemning."

They order him to keep silence. One of the disciples of the Sanhedrin says, "I possess information to clear him." They bring him up, and seat him between the judges, and he did not go down during the whole day. If there be substantial information, they give him a hearing. And even when he (the accused) says, "I possess information for clearing myself," the judges give him a hearing; only there must be substantial information in his words.

5. If the judges found him clear, they released him, but if not they deferred his judgment till the morrow. They conversed in pairs, and reduced their eating, and they drank no wine all the day, and discussed the matter the whole night. And on the morrow they came very early to the judgment hall. He who was for clearing said, "I was for clearing, and I am for clearing in my place." And he who was for condemning said, "I was for condemning, and I am for condemning in my place." He who p.r.o.nounced for condemning, could p.r.o.nounce for clearing, but he who p.r.o.nounced for clearing, could not turn round and p.r.o.nounce for condemning. If the judges erred in a matter, the two scribes of the judges recalled it to their memory. If they found him clear, they released him: but if not, they stood to be counted. "Twelve cleared him, and eleven condemned?" "He is clear."

"Twelve condemned him, and eleven cleared him, and even eleven cleared, and eleven condemned," and one said, "I don't know." And even twenty-two cleared or condemned, and one said, "I don't know?" "They must add judges." "How many do they add as judges two by two?" "Up to seventy-one."

"Thirty-six cleared him, and thirty-five condemned him?" "He is clear."

"Thirty-six condemned him, and thirty-five cleared him?" "They disputed with each other until one of the condemning party acknowledged the statement of the clearing party."