Hebrew Literature Part 20

Chapter VI

1. When the judgment was finished, they brought him forth to stone him.(394) The place of stoning was outside the judgment-hall; as is said, "Bring him forth that hath cursed."(395) One stood at the door of the judgment-hall with towels in his hand, and another man rode a horse at a distance from him, but so that he might see him. If one said, "I have something to tell for clearing," this one waved the towels, and the other galloped his horse, and stopped the accused. And even though he himself said, "I have something to tell to clear myself," they brought him back as many as four or five times, only there must be substance in his words. If they found him clear, they freed him; but if not, they took him forth to stone him. And a herald preceded him (crying), "Such a one, the son of such a one, is brought out for stoning, because he committed such a transgression, and so and so are witnesses; let everyone who knows aught for clearing him come forth and tell it."

2. When he was ten cubits from the place of stoning, they said to him "confess," as it is the custom of all about to die to confess, since to everyone who confesses there is a portion in the world to come. So we find with Achan when Joshua said to him, "My son, give, I pray thee, glory to the Lord G.o.d of Israel, and make confession unto him."(396) And Achan answered Joshua, and said, "Indeed, I have sinned against the Lord G.o.d of Israel, and thus and thus I have done." "And from whence know we that his confession made atonement for him?" "As it is said, 'And Joshua said, Why hast thou troubled us? the Lord shall trouble thee this day. This day thou art troubled, but thou shalt not be troubled in the world to come.' " And if he did not know how to confess, they told him to say, "let my death be an atonement for all my sins." Rabbi Judah said, "if he knew that he was falsely condemned, he said, 'let my death be an atonement for all my sins, except this one';" the (Sages) said, "if so, every man will speak thus to make themselves innocent."

3. When he was four cubits from the place of stoning, they stripped off his garments. "If a man, they covered him in front; if a woman, before and behind." The words of Rabbi Judah. But the Sages say "a man was stoned naked, but the woman was not stoned naked."

4. The place of stoning was two men high. One of the witnesses thrust him down on his loins. If he turned on his heart, the witness must turn him on his loins. If he died with that thrust it was finished; but if not, the second (witness) took the stone, and cast it upon his heart. If he died with that blow, the stoning was finished. But if not, he was stoned by all Israel, as is said, "The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people."(397) "All who were stoned were hung up." The words of Rabbi Eliezer. But the Sages say, "none were hung up, save the blasphemer and the idolater." "The man is to be hung with his face toward the people, but the woman with her face toward the wood." The words of Rabbi Eliezer. But the Sages say, "the man was hung up, but they do not hang up a woman." Rabbi Eleazar said to them, "and did not Simon, the son of Shatach, hang women in Askalon?" They said to him, "he hung up eighty women (witches), and two could not be judged, in one day." "How did they hang him?" "They sunk a beam in the ground, and a traverse beam proceeded from it, and they bound his hands, one over the other, and hung him up" (by them). R. Jose said, "the beam was inclined against the wall, and he was hung upon it, just as the butchers do." And they loosed him immediately afterward. "But if he was out all night?" "It was a transgression of a negative command, as is said, 'His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day (for he that is hanged is accursed of G.o.d),' "(398) etc. As one says, "wherefore is this one hung?" "Because he blasphemed the NAME, and it follows that the heavenly NAME is profaned."

5. Rabbi Meier said, "when man is sorrowful,(399) what language does the Shekinah(400) make him to utter?" If it be lawful so to speak, "my head makes me ashamed, my arm makes me ashamed." If, to speak after the manner of men, OMNIPRESENCE is sorrowful, when the blood of the wicked is poured out, how much more sorrowful is He for the blood of the righteous? And not in the case of the condemned alone, but everyone who leaves his dead overnight, is a transgressor of a negative command. If they left him for the sake of honor, to bring a coffin and a shroud for him, there is no transgression. But they did not bury him (the condemned) in the sepulchres of his fathers. And there were two burial grounds prepared for the Judgment Hall-one for the stoned and the burned, and one for those beheaded and strangled.

6. When the flesh of the condemned was consumed, they gathered his bones and buried them in their proper place; and his relatives came and asked after the peace of the judges, and the peace of the witnesses, as much as to say, "know there is nothing in our hearts against you, as your judgment was true." And they did not mourn, but were gloomy, since gloominess is only in the heart.

Chapter VII

1. Four punishments were permitted to the supreme court-stoning, burning, beheading, and strangling. R. Simon said, "burning, stoning, strangling, and beheading." The preceding chapter is the order of stoning.

2. The order for those burned was to be sunk in dung to their knees. And men put a hard towel in a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till the condemned opened his mouth. And one lit a wick, and cast it into his mouth, and it went down to his bowels, and it consumed his intestines. R. Judah said, "if he died in their hands, they did not complete in him the order of burning; only they opened his mouth with tongs against his will, and lit the wick, and cast it into his mouth, and it went down to his bowels and consumed his intestines." Said R. Eleazar the son of Zadok, "it happened with the daughter of a priest, who was immoral, that they surrounded her with dry branches and burned her." The Sages replied, "because the court at that time was unskilled."

3. The order of those beheaded was to have their heads struck off with a sword, as is the custom of governments. R. Judah said, "that was an abuse; they only rested his head on a block, and hewed it off with an axe." The Sages replied to him, "no death is a greater abuse than that." The order for those strangled was, that they were sunk down in dung to their knees, and they put a hard towel inside a soft one, and encircled his neck. One pulled on one side, and another pulled on the other side, till his soul departed.

4. These were stoned; ... a blasphemer, and an idolater, and he who gave his seed to Molech, and one with a familiar spirit,(401) and a wizard, and he who profaned the Sabbath, and he who cursed father or mother, and he who came to a betrothed maid, and an enticer to idolatry, and a withdrawer to idolatry, and a sorcerer, and a son stubborn and rebellious.

5. The blasphemer was not guilty till he expressed the NAME. Said R.

Joshua, the son of Korcha, every day they examined the witnesses under a subst.i.tuted (feigned) name, for example, "Jose shall beat Jose." When the judgment was finished, they could not execute him under the nickname, but they withdrew all men outside, and interrogated the princ.i.p.al witness, and said to him, "tell us clearly what thou hast heard?" and he said it. And the judges stood up on their feet, and rent their garments,(402) and they were never sewn again. And the second witness said, "even I (heard) as he," and the third said, "even I (heard) as he."

6. One committed idolatry, whether he served the idol, or sacrificed to it, or burned incense to it, or made a libation to it, or bowed down to it, or accepted it for his G.o.d. And also, he who said to it, "thou art my G.o.d." But he who embraced it, and kissed it, and honored it, and dusted it, and washed it, and anointed it, and dressed it, and put shoes on it, transgressed a negative command. He who vowed in its name, and performed the vow in its name, transgressed a negative command. "He exposed himself to Baal peor?" "That is positive service." "He cast a stone to Mercury?"

"That is positive service."

7. He who gave his seed to Molech(403) is not guilty till he hand it to Molech, and pa.s.s it through the fire. "If he hand it to Molech, and do not pa.s.s it through the fire, (or if) he pa.s.sed it through the fire, and did not hand it to Molech?" "He is not guilty till he hand it to Molech, and pa.s.s it through the fire." One has a familiar spirit, when the Python speaks from his arm. But the wizard speaks with his mouth. These are to be stoned, and inquiry from them is forbidden.

8. He who profaned the Sabbath by aught which renders him guilty of presumption is to be cut off;(404) but if he profaned the Sabbath in error, a sin-offering (is required) from him. He who cursed father or mother is not guilty till he curse them by the NAME. "If he curse them with a subst.i.tuted name of G.o.d?" R. Meier p.r.o.nounces him "guilty"; but the Sages "free him."

9. "If one came to a betrothed maid?" "He is not guilty, except she be a virgin, and betrothed, and in the house of her father." "If two came to her?" "The first is to be stoned and the second strangled."

10. "The enticer to idolatry?" "This ordinary man enticed an ordinary man; he said to him, 'there is an object of fear in such a place, so it eats, so it drinks, so it does good, so it does evil.' " Of all who are guilty of death in the law, we are not to set witnesses in concealment to convict them, except in this case of an enticer to idolatry. When he has spoken of his idolatry to two persons, they as witnesses bring him to the judgment-hall, and stone him. If he spoke thus to one, this one replies, "I have companions who desire to hear so and so." "If he be cunning, and he does not speak before them?" "Witnesses are concealed behind a wall, and he says to the idolater, 'tell me what thou saidst to me alone,' and the idolater told him. And he replied to him, 'how can we leave our G.o.d, who is in heaven, and go and serve wood and stone?' " "If the idolater returned from his sin, it is well; but if he said, 'so is our duty, and so it is excellent for us,' they who stood behind the wall bring him to the judgment-hall, and stone him; if he said, 'I shall serve, I shall go and serve, let us go and serve; I will sacrifice, I will go and sacrifice, let us go and sacrifice; I will burn incense, I will go and burn incense, let us go and burn incense; I will pour a libation, I will go and pour a libation, let us go and pour a libation; I will bow down, I will go and bow down, let us go and bow down'-the withdrawer is he who says, 'let us go and serve idols.' "

11. The sorcerer, who has done the act, is guilty of death, but he is not guilty who merely deludes the eyes. R. Akiba said in the name of R.

Joshua, "two sorcerers can gather cuc.u.mbers-one gathers them and is free, but another gathers them and is guilty. He who has performed the act is guilty. He who has merely deluded the eyes is free."

Chapter VIII

1. A son stubborn and rebellious.(405) "From what time is he decidedly a son stubborn and rebellious?" "From the time the two hairs have come, and up to the time the beard has sprouted; but the Sages spoke in modest language. As is usually said, when a man has a son-a son, but not a daughter; a son, but not a man; a child as yet free from coming under the rule of the commandments."

2. "From what time is he guilty?" "From the time he ate three-quarters of a pound of flesh, and drank half a log of Italian wine." R. Jose said, "a pound of flesh and a log of wine." "He ate it in an appointed feast; he ate it in the intercalary month; he ate it during the second t.i.thes in Jerusalem; he ate of a carca.s.s and of things torn, abominable things and creeping things; he ate of that which had not paid t.i.thes, and the first t.i.thes before the heave-offering was separated from them and the second t.i.thes and holy things which were not redeemed; he ate of a thing which is commanded, and of a thing which is a transgression; he ate every kind of meat, but he did not eat flesh; he drank every kind of fluid, but he did not drink wine?" "He is not a son stubborn and rebellious till he eat flesh and drink wine," as is said, "A glutton and a drunkard";(406) and even though there is no conclusive evidence, there is a memorial to the matter, as is said, "Be not among winebibbers; among riotous eaters of flesh."(407)

3. "If he steal it from his father, and eat it (with permission) on the property of his father; from others, and eat it on the property of others; from others, and eat it on the property of his father?" "He is not a son stubborn and rebellious till he steal it from his father and eat it on the property of others." R. Jose, the son of R. Judah, said, "till he steal it from his father and from his mother."

4. "If his father desires (his punishment), and his mother does not desire it; his father does not desire it, and his mother does desire it?" "He is not declared a son stubborn and rebellious until both of them desire it."

R. Judah said, "if his mother was not suitable for his father, he is not declared a son stubborn and rebellious." "One of them was broken-handed, or lame, or dumb, or blind, or deaf?" "He is not declared a son stubborn and rebellious," as is said, " 'Then shall his father and his mother lay hold on him,'(408) which is impossible if they be broken-handed; 'and bring him out,' which is impossible if they be lame; 'and they shall say,'

which is impossible if they be dumb; 'this our son,' which is impossible if they be blind; 'he will not obey our voice,' which is impossible if they be deaf. They must warn him before three judges, and then flog him."

"He returned to his bad habits?" "He is to be judged before twenty-three judges, but he is not to be stoned till the three first (judges) are present, as is said, 'this our son' who was flogged before you." "He ran away before his judgment was finished, and afterward came to p.u.b.erty?" "He is free." "But if he ran away after the decision and then came to p.u.b.erty?" "He is guilty."

5. A son stubborn and rebellious is judged for the sake of his future prospects. The law says, "better die when he is innocent, and not die when he is guilty." The death of the wicked is pleasant for them, and pleasant for the world; but the death of the righteous is evil for them, and evil for the world. Wine and sleep are pleasant to the wicked, and pleasant to the world; but for the righteous, it is evil for them, and evil for the world. Separation for the wicked is pleasant for them, and pleasant for the world; but for the righteous, it is evil for them, and evil for the world. Union for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world.

Rest for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world.

6. If one engaged in burglary, he is judged for the sake of his future prospects. "He engaged in burglary and broke a barrel?" "If the owner might not kill him, he must pay for the barrel; but if the owner might kill him, he is freed from paying for the barrel."

7. These are they who are rescued(409) with their souls-he who pursued after his companion to kill him, and one after a betrothed girl. But one about to profane the Sabbath, and one about to serve idols, such cannot be saved with their souls.(410)

Chapter IX

1. And these are to be beheaded. The murderer and the men of a city withdrawn to idolatry. "The murderer who smote his neighbor with a stone or iron, and he pressed him down in the midst of the water, or in the midst of fire, and he could not come out from thence, and he died?" "He is guilty." "He pushed him into the midst of water, or into the midst of fire, and he could come out, but he died?" "He is free." "He encouraged a dog against him, he encouraged a serpent against him?" "He is free." "He caused a serpent to bite him?" Rabbi Judah declared him "guilty," but the Sages "freed him." "He smote his companion either with a stone or his fist, and he was counted for dead, and he became lighter, and afterward became heavier, and died?" "He is guilty." R. Nehemiah said, "he is free, because there are extenuating circ.u.mstances in the matter."

2. "His intention was to kill a beast, and he killed a man-a foreigner, and he killed an Israelite-a premature birth, and he killed a timely child?" "He is free." "His intention was to smite his loins, and there was not sufficient force in the blow to cause death in his loins, and it pa.s.sed to his heart, and there was sufficient force in the blow to cause death in his heart, and he died?" "He is free." "His intention was to smite him on his heart, and there was sufficient force in the blow to cause death on his heart, and it pa.s.sed on to his loins, and there was not sufficient force in the blow to cause death on his loins, but he died?"

"He is free." "His intention was to smite an adult, and there was not sufficient force in the blow to cause death to an adult, and it pa.s.sed off to a child, and there was sufficient force to kill the child, and he died?" "He is free." "His intention was to smite a child, and there was sufficient force in the blow to cause death to a child, and it pa.s.sed to an adult, and there was not sufficient force to cause death to the adult, but he died?" "He is free." "But his intention was to smite him on his loins, and there was sufficient force in the blow to cause death on his loins, and it pa.s.sed to his heart, and he died?" "He is guilty." "His intention was to smite an adult, and there was sufficient force in the blow to cause the death of the adult, and it pa.s.sed to a child, and he died?" "He is guilty." R. Simon said, "even if his intention be to kill this one, and he killed that one, he is free."

3. "A murderer, who is mingled with others?" "All are to be freed." R.

Judah said, "they are to be collected in a prison." "Several condemned to (different) deaths are promiscuously mingled?" "They are all to be adjudged the lightest punishment." "Those condemned to stoning with those condemned to burning?" R. Simon said, "they are to be condemned to stoning, because burning is more grievous," but the Sages say, "they are to be condemned to burning, because stoning is more grievous." To them replied R. Simon, "if burning were not more grievous, it would not have been a.s.signed to the daughter of a priest who was immoral." They replied to him, "if stoning were not more grievous, it would not have been a.s.signed to the blasphemer, and the idolater." "Those condemned to beheading, mingled with those condemned to strangling?" R. Simon said, "they are to be put to death with the sword," but the Sages say, "with strangling."

4. "He who is found guilty of two deaths by the judges?" "He is condemned to the more grievous punishment." "He committed a transgression, which made him deserve two deaths?" "He is condemned to the more grievous." R.

Jose said, "he is condemned for the first deed which he committed."

5. "He who is flogged once and again?" "The judges commit him to prison, and they give him barley to eat till his belly bursts." "He who killed a person without witnesses?" "They commit him to prison, and they give him to eat the bread of adversity, and the water of affliction."(411)

6. "A thief who stole a sacred vessel, and he who cursed in necromancy, and the paramour of an Aramaean?" "The avengers may at once fall upon him."

"The priest who served in legal uncleanness?" "His brother priests have no need to bring him to the tribunal, but the young priests drag him outside of the court, and dash out his brains with f.a.gots of wood." "A stranger who served in the sanctuary?" R. Akiba said, he is to be killed "with strangling," but the Sages say, "by the visitation of heaven."

Chapter X

1. All Israel have a portion in the world to come, as is said, "Thy people also shall be all righteous,"(412) etc. And these are they who have no portion in the world to come: he who says there is no resurrection of the dead in the law, and that there is no revealed law from heaven, and the Epicurean. R. Akiba said, "even he who reads in forbidden(413) books, and he who mutters over a wound"; and he said, "I will put none of these diseases upon thee, which I have brought upon the Egyptians: for I am the Lord that healeth thee."(414) Aba Shaul said, "even to meditate the NAME(415) in its letters."

2. Three kings and four ordinary persons have no portion in the world to come. Three kings, Jeroboam, Ahab, and Mana.s.seh. R. Judah said, "Mana.s.seh had a portion in the world to come," as is said, "And prayed unto him, and he was entreated of him, and heard his supplication, and brought him again to Jerusalem into his kingdom."(416) The Sages said to him, "He brought him back to his kingdom, but He did not bring him back to life in the world to come." Four ordinary persons, Balaam, and Doeg, and Ahitophel, and Gehazi, have no portion in the world to come.