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Babylonian Talmud: Tractate SanhedrinFolio 80aIf so, how could R. Jose observe thereon: Even if Abba Halafta were amongst them?1 — But Raba explained it thus: If two were standing, and an arrow was shot by one of them2 [unknown] and killed, they are both exempt. Whereon R. Jose remarked: Even if Abba Halafta was one.3 But if an ox [a gorer] which had been sentenced was mixed up with innocent4 oxen, they are all stoned.5 R. Judah said: They are placed in a cell.6 And thus has it been taught likewise: If a cow killed [a man] and then calved: if before sentence, the calf is permitted [for any use]; if after the sentence, the calf is forbidden.7 If the cow became mixed up with others, and these with others again, they are placed in a cell. R. Eleazar, son of R. Simeon, said: They are [all] brought to Beth din and stoned.The Master said: 'If [it calved] before sentence, the calf is permitted'; implying, even if it was with calf when it gored. But did not Raba say: The calf of a cow that gored is forbidden, because the mother and the calf gored; the calf of a cow subjected to bestiality is [likewise] forbidden because the mother and the calf were thus subjected!8 — Say thus: If the calf was conceived and born before its mother was condemned, it is permitted [for use]; but if conceived and born after sentence, it is forbidden.9 Now, this agrees with the view that the product of two things [one being forbidden] is itself forbidden;
Sanhedrin 80bbut on the view that such is permitted, what can you say?1 — But Rabina said: Read thus: If the calf was conceived and born before its mother was condemned, it is permitted: but if conceived before sentence and born after sentence, it is forbidden, because the embryo is a thigh [i.e., part] of its mother.2IF A NUMBER OF CONDEMNED PERSONS DIFFERING IN THEIR DEATH SENTENCES ETC. … [THEY ARE EXECUTED BY THE MOST LENIENT DEATH]. This proves that a warning of a greater penalty is ipso facto a warning for a smaller one too!3 — R. Jeremiah said: [This is no proof, for] the Mishnah treats of a case where he was warned in general terms,4 and it agrees with the following Tanna. For it has been taught: But others liable to any death penalty decreed in the Torah5 are executed only on the testimony of [at least two] witnesses, by a 'congregation' [i.e., a full Beth din of twenty three], and after a warning, which warning must have stated that he 'was liable to death at the hands of Beth din. R. Judah said: They [the witnesses] must have informed him by which death he would be executed.6 The first Tanna deduces his ruling from 'the gatherer [of sticks', who had not been warned how he would be executed, but was nevertheless stoned]. Whereas R. Judah maintains that 'the gatherer' [was executed] on an ad hoc decision.7 IF CRIMINALS CONDEMNED TO STONING [BECAME MIXED UP] WITH OTHERS CONDEMNED TO BURNING. R. Ezekiel taught his son Ram: If criminals condemned to burning [became mixed up] with others condemned to stoning — R. Simeon said, they are stoned, because burning is severer. Thereupon Rab Judah said to him, 'Father, teach it not thus: Why state the reason because burning is severer? This follows from the fact that the majority are for stoning.'8 How then should I teach it'? The son replied, 'Thus: IF CRIMINALS CONDEMNED TO STONING [BECAME MIXED UP] WITH OTHERS CONDEMNED TO BURNING, — R. SIMEON SAID, THEY ARE STONED, BECAUSE BURNING IS SEVERER.' If so, consider the second clause, BUT THE SAGES SAY, THEY ARE BURNED, BECAUSE STONING IS MORE SEVERE. But does it not follow from the fact that the majority are to be burnt? — There the Rabbis oppose R. Simeon: You say, burning is severer; but that is not so, for stoning is severer.9 Samuel said to Rab Judah: You keen scholar,10 - To Next Folio -
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