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The Jerusalem TalmudJerusalem Talmud Sanhedrin 1.4

The Jerusalem Talmud

Jerusalem Talmud Sanhedrin 1.4

1
English · Heinrich W. Guggenheimer

MISHNAH: The High Synhedrion had 71 members and a lower one 23 members. From where that the High Court has 71 members? For it is said: Assemble for me 70 men of the Elders of Israel, and Moses was presiding, that makes 71. Rebbi Jehudah says, 70. From where that a lower court has 23 members? For it is said, the congregation shall judge, the congregation shall save. One congregation judges, one congregation saves, this makes twenty. And from where that a congregation consists of ten persons? As it is said, how long this evil congregation, without Joshua and Caleb. From where that one adds another three? From the interpretation of what is said, do not follow the majority to be unfavorable, I understand that He said, follow them to be favorable. Then why was it said, to bend after the majority? Your bending to be favorable is not equal to your bending to be unfavorable. Your bending to be favorable shall be by one [vote] (witness), your bending to be unfavorable shall be by two. Since no court may be even-numbered, one adds another one to obtain 23. How many people shall live in a town that it may have a criminal court? 120. Rebbi Nehemiah said 230, that they might be commanders over tens.

2
English · Heinrich W. Guggenheimer

HALAKHAH: “The High Synhedrion,” etc. Rebbi Abba, Rebbi Yasa in the name of Rebbi Joḥanan: It says here “congregation”, and it says there “congregation”, how long the evil congregation. Since “congregation” there means ten, so here also ten. Rebbi Simon said, it is said here “amid”, and it is said there “amid”. Since “amid” there means ten, so here also ten. Rebbi Yose ben Rebbi Abun told him, if you want to infer from “amid”, there are too many. But it is said here “the sons of Israel”, and it is said there, “the sons of Israel”, the sons of Israel came to buy grain. Since “the sons of Israel” there were ten, so here also ten.

3
English · Heinrich W. Guggenheimer

“From where that one adds another three, etc. It was stated: Rabban Simeon ben Gamliel said, in earlier times the ketubah of qualified women was signed only by priests, Levites, or Israel whose daughters were qualified to marry into the priesthood. Rebbi Yose said, in earlier times there was no disagreement in Israel but the Synhedrion of 71 members were sitting in the free-stone hall; two courts of three members each were sitting, one in the glacis and one on the Temple Mount; and a court of 23 was sitting in every town of the Land of Israel. If somebody had a question of religious practice, he went and asked it from the court in his town. If they had heard [the answer], they told him; otherwise he and their distinguished member went and asked a court in their neighborhood. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the Temple Mount. If these had heard [the answer], they told him; otherwise he and their distinguished member went and asked from the court on the glacis. If these had heard [the answer], they told him; otherwise they together entered the High Court in the free-stone hall since from there instruction came accepted in all of Israel, as it is said: From this place which the Eternal will choose. Even though the Synhedrion in the free-stone hall had 71 members, those present never numbered less than 23. If one of them had to leave, he was looking around; if 23 others were present, he would leave, otherwise he would not leave. They were in session from the daily morning sacrifice to the daily evening sacrifice. On Sabbaths and holidays, they were sitting in the study hall on the Temple Mount. If a question of practice came up, if they had heard the answer, they told them; otherwise they prepared to vote. If a majority was for acquitting, they acquitted. If a majority was for a guilty verdict, they rendered a verdict of guilty. If a majority was for declaring pure, they declared pure. If a majority was for declaring impure, they declared impure. From the time that there were many students of Shammai and Hillel who did not study enough under their teachers, many disagreements arose and two doctrines developed. From there, they were sending to all towns in the Land of Israel; any time they found a person who was wise, meek, even-tempered, benevolent, pleasing, humble, good-hearted, with good intentions, and well endowed, they were placing him on the court of the Temple Mount, from there to the court on the glacis, and from there to the High Court in the free-stone hall.

4
English · Heinrich W. Guggenheimer

The Synhedrion was like a threshing floor in the shape of a semi-circle; the president sat in the middle so they might see him and hear his voice. Rebbi Eleazar ben Rebbi Ṣadoq said, when Rabban Gamliel was sitting at Jabneh, my father and his brother were sitting to his right and the Elders to his left, to honor the old man.

5
English · Heinrich W. Guggenheimer

how many were the judges of Israel? 78’600. Appointed over a thousand, 600. Appointed over a hundred, 6’000. Appointed over fifty, 12’000. Appointed over ten, 60’000. It turns out that the judges of Israel were 78’600.

6
English · Heinrich W. Guggenheimer

What is the reason of Rebbi Nehemiah? That there should be a court of 23, and the parties, and the witnesses, and the witnesses for perjury, and the witnesses for perjury of the witnesses for perjury, and the rabbi, and the clerks of court, and the beadle. What is the reason of the rabbis? That there might be twelve courts for the twelve tribes.

7
English · Heinrich W. Guggenheimer

“And Moses was presiding.” Moses found a way to settle things. When the Holy One, praise to Him, told him, count all male firstborns among the Children of Israel, he said, who will consent voluntarily to give five sheqel per head? What did he do? He took 22’000 tickets and wrote on them “Levite” and 273 on which he wrote “five sheqel” and put all of them in an urn. He told them, come and take your ticket. To any one who drew a ticket saying “Levite” he said, a Levite already redeemed you. To anybody who drew a slip saying “five sheqel” he said, what can I do, it is from Heaven; Rebbi Jehudah. But Rebbi Nehemiah the Tanna objected to the colleagues: If you had given me the possibility of a Levite, it would have come up for me. But the following is what he did. He took 22’000 tickets and wrote on them “Levite” and two hundred seventy three on which he wrote “five sheqel” and put all of them in an urn. He told them, come and take your ticket. To any one who drew a slip saying “Levite” he said, a Levite already redeemed you. The anybody who drew a ticket saying “five sheqel” he said, what can I do, it is from Heaven. The Tanna objected to the colleagues: Think of it, if all came up as “Levite”? They told him, it was miraculous and they came up alternatingly. Rebbi Samuel said, in the opinion of the second Tanna, it was a miracle. In the opinion of the first Tanna, it was not a miracle. They told him, it was a miracle in any case since they came up alternatingly.

8
English · Heinrich W. Guggenheimer

General Antoninus asked Rabban Joḥanan ben Zakkai: The sum is deficient, the details are excessive. He told him, these 300 were firstborn of the priesthood; no holy one redeems a holy one.

9
English · Heinrich W. Guggenheimer

Similarly. the Eternal said to Moses, assemble for Me seventy men of the Elders of Israel. Moses said, if I am taking six per tribe, there will be 72, ten of six each and two of five, which tribe will agree to be discriminated against? What did he do? He took 70 tickets and wrote on them “Elder”, two he left blank, and put them in an urn. He told them, come and take your ticket. To any one who drew a slip saying “Elder” he said, from Heaven they appointed you. To anybody who drew a blank slip he said, what can I do, it is from Heaven; Rebbi Jehudah. But Rebbi Nehemiah the Tanna objected to the colleagues: If you had given me the possibility of an Elder, it would have come up for me. But the following is what he did. He took 72 tickets and wrote on them “Elder” and two blank ones and put all of them in an urn. He told them, come and take your ticket. To any one who drew a slip saying “Elder” he said, from Heaven they appointed you. The anybody who drew a blank slip he said, what can I do, it is from Heaven. The Tanna objected to the colleagues: Think of it, if all came up as “Elder”? They told him, it was miraculous and they came up alternatingly. Rebbi Samuel said, I objected before Rebbi Abbahu: in the opinion of the second Tanna, it was a miracle. In the opinion of the first Tanna, it was not a miracle. He told him, it was a miracle in any case since they came up alternatingly.

10
English · Heinrich W. Guggenheimer

General Antigonos asked Rabban Joḥanan ben Zakkai: Your teacher Moses either was a thief or he did not know how to compute, for it is written: a beqaˋ per head. If you make the centenarius 100 pounds, he stole one sixth. If you make it 60 pounds, he stole half. He answered him, our teacher Moses was a trustworthy treasurer expert in computations. He answered him, is it not written, they contributed bronze twenty talents; for us that makes 96 pounds and he mentions them in detail. He answered back, because it does not add up to a centenarius; if you would say that it added up to a centenarius, he would have stolen half. He told him, but it is written 1’775, would that not make 71 pounds and he mentions it in detail. He answered back, if you would say that it added up to a centenarius, he would have stolen half. He told him, but it is written, the sheqel is 20 gera, twenty sheqel, twenty-five sheqel, twenty-five sheqel the manehshall be for you; the talent of the Holy One, praise to Him, was double. He answered back, he was a trustworthy treasurer and expert in computations.

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The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

Hebrew/Aramaic text: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

The Jerusalem Talmud, edition, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015). CC BY. Text from Sefaria (sefaria.org); commentary notes omitted. · Source ↗

English translation: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer (Berlin: De Gruyter, 1999–2015); commentary notes omitted, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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