Rabbinic JudaismJerusalem Talmud Sanhedrin 3.9HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Sanhedrin 3.9

The Jerusalem Talmud

Jerusalem Talmud Sanhedrin 3.9

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English · Heinrich W. Guggenheimer

MISHNAH: One calls in the second [witness] and examines him. If their testimonies are found consistent, one argues the case. Two say not guilty and one says guilty, he is not guilty. Two say guilty and one says not guilty, he is guilty. One says not guilty, one says guilty, and one says “I do not know”, they shall add judges. Even if two say not guilty or guilty but one says “I do not know”, they shall add judges

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English · Heinrich W. Guggenheimer

HALAKHAH: “One calls in the second [witness],” etc. Rams, the minimum of rams are two. Why does the verse say two? That both be equal.

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English · Heinrich W. Guggenheimer

Sheep, the minimum of sheep are two. Why does the verse say two? That both be equal.

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English · Heinrich W. Guggenheimer

The minimum of birds are two. Why does the verse say two? that both be equal. The minimum of trumpets are two. Why does the verse say two? that both be equal.

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English · Heinrich W. Guggenheimer

Rebbi Ḥaggai objected to Rebbi Yasa. Is there not written: The two men shall stand? Now, is not two the minimum of “men”? Why does the verse say two? That both be equal? But it is written: Do not bend the lawsuit of the proselyte, the orphan, … That means that a proselyte can have a lawsuit against one who is not a proselyte, an orphan may have a lawsuit against one who is not an orphan. Then why is there written two? It is free to be combined and to infer from it an equal cut. It is said here two and it is said there two men were left. Since there one speaks of men but not women, also here men but not women nor underaged. From this we learn that a woman may not be a judge and may not be a witness.

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English · Heinrich W. Guggenheimer

Rebbi Yose ben Rebbi Abun in the name of Rav Joseph. It is said here two and it is said there two. Since there it must be by the testimony of two witnesses, also here by the testimony of two witnesses. Then why does the verse say two? Lest one of them be standing while the other be sitting; one says everything he has to say, but to the other one says, make your statement short.

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English · Heinrich W. Guggenheimer

Rebbi Jehudah said, I heard that if the judge wants to let both of them sit, he may tell them to sit down. Rebbi Ismael says, one says to him, either you dress as he is dressed or pay him to be dressed as you are.

8
English · Heinrich W. Guggenheimer

Rebbi Abba said in the name of Rav Huna: The witnesses have to stand while testifying, for it is said: the two men shall stand. Rebbi Jeremiah in the name of Rebbi Abbahu: Also the parties have to stand at the moment the verdict is given, as it is said: who have the quarrel before the Eternal.

9
English · Heinrich W. Guggenheimer

It is written: Fathers shall not be killed because of sons. Is it not already written, each one should be killed for his own crime? Why does the verse say, fathers shall not be killed because of sons? Fathers shall not be killed on the testimony of sons, and sons shall not be killed on testimony of fathers. From here that witnesses shall not be relatives of the accused.

10
English · Heinrich W. Guggenheimer

From where that witnesses may not be relatives of one another? Think of it, if they be found perjured, would they not be killed by their testimony? From where that witnesses may not be relatives of the judges? Think of it, if one of them be found perjured, he could not be killed unless the other also was found perjured. If you say so, would he not be killed by his sentence?

11
English · Heinrich W. Guggenheimer

From where that judges may not be relatives of one another? The Torah said, kill on the testimony of witnesses, kill on the sentence of judges. Since witnesses may not be relatives of one another, neither may judges be relatives of one another.

12
English · Heinrich W. Guggenheimer

So far only fathers and sons; from where the other relatives? Rebbi Zeˋira says, and sons includes the remaining relatives.

13
English · Heinrich W. Guggenheimer

So far according to Rebbi Aqiba.

14
English · Heinrich W. Guggenheimer

From where following Rebbi Ismael? Rebbi Ismael stated: The congregation shall judge; the congregation shall save. The congregation be neither relatives of the murderer nor relatives of the murdered. Rebbi Yose said, otherwise you would say that the court is engaged in vendetta. This implies that the judges may not be related to the accused. And from where that the witnesses may not be related to the accused? The Torah said, kill on the testimony of witnesses, kill on the sentence of judges. Since judges may not be related to the accused, neither may witnesses be related to the accused. From where that witnesses may not be relatives of one another? Think of it, if they be found perjured, would they not be killed by their testimony?

15
English · Heinrich W. Guggenheimer

“Qualified one but not disqualified one.” For it is said, if he does not tell, he has to bear his punishment. If he told, the other would have to pay money. This excludes one where the other would not have to pay money even if he told.

16
English · Heinrich W. Guggenheimer

“Before the court.” To exclude a single witness. If they told him that they would accept his word as if there were two [witnesses], would he be guilty? The verse says, if he had seen or known. One who is qualified to testify according to biblical standards; this excludes a single witness who is not qualified to testify according to biblical standards.

17
English · Heinrich W. Guggenheimer

“Outside of court.” If he does not tell, he has to bear his punishment. If he told, one would have to pay money. This excludes outside of court where the other would not have to pay money even if he told.

18
English · Heinrich W. Guggenheimer

From where two witnesses? He and another make two. Or following Rebbi Ismael, as Rebbi Ismael said, any place where the Torah mentions a witness without further determination it implies two witnesses unless the verse informs you that a single witness is meant. It was found stated in the name of Rebbi Ismael: Can a single witness be found guilty of a blurted oath? Since it is possible to say that another person could team up with him, then he would be subject to the oath of testimony, how could you find him guilty of a blurted oath?

19
English · Heinrich W. Guggenheimer

Should a relative be found guilty of a blurted oath? Does it follow what Rebbi Abba said (ben) [in the name of] Samuel: “An oath that X gave a mina to Y,” and it turns out that X had not given; since there is nothing in the future there is nothing in the past. Or the following: “One said to another, ˋwhere is my ox?’ He responded, ˋI do not know what you are referring to.’ It so happened that it had died, or was wounded, or captured, or lost. ˋI require you to swear;’ the other said ˋAmen’. He is not liable.” Rav said, he is not liable for a keeper’s oath but is liable because of a blurted oath. Rebbi Joḥanan said, since it is a religious duty to appease him, he is not liable because of a blurted oath. In Rav’s opinion, is there no religious duty to appease him? One appeases with truthful statements, not with lies.

20
English · Heinrich W. Guggenheimer

Rebbi Ismael stated: He has to bear his punishment, a sacrifice. From where that one needs a court? One learns “telling, telling”. Since telling mentioned there is before a court, also telling here is before a court.

21
English · Heinrich W. Guggenheimer

Or like the following. “One accepts the witnesses’ testimony only if they saw it together. Rebbi Joshua ben Qorḥa says, even if they saw it one after the other.” Rebbi Jeremiah in the name of Rav: The Sages agree with Rebbi Joshua ben Qorḥa with regard to witnesses of firstlings and witnesses of squatters’ rights. Rebbi Abba in the name of Rebbi Jeremiah: the same holds for testimony regarding signs. In that case, it is obvious if one says, I saw two hairs on his back and the other says, I saw two hairs on his side. If one says, I saw one hair on his back and the other says, I saw one hair on his belly, that is nothing; so much more his back and his side. Two are saying, we saw one hair on his back; and two are saying, we saw one hair on his belly. Rav Yose and Rav Hoshaia ben Rav Shammai, one said, it is invalid, but the other said, it is valid. He who says it is invalid considers him as one who testifies to half a sign. He who says it is valid? I say, maybe they were rubbed off. One says, two hairs on his back; and one says, two on his belly. Rebbi Abba said, everybody agrees that this is valid. Rebbi Ḥaggai said, everybody agrees that this is invalid [testimony]. Rebbi Yose said, this is in disagreement. Rebbi [Yose] said to Rebbi Ḥaggai, does not Rebbi Yudan follow my opinion? He answered, I am disagreeing with his teacher, so much more with him. Rebbi Mama said, Rebbi Ḥaggai was correct. If a document was signed by four seals, if one person verified the signature of two [witnesses], and another those of the other two, and the document was attacked, is that worth anything? Does not every single signature need two witnesses? And here, every single hair needs two witnesses. Rebbi Ḥinena learns it (because of) [from the years of] squatting rights. If one [witness] testified that he ate from the property the first, second, and third years and another testified that he ate it the fourth, fifth, and sixth years, is that worth anything? Does not every single year need two witnesses? And here, every single hair needs two witnesses.

22
English · Heinrich W. Guggenheimer

And the following. One does not listen to the witnesses unless they come together; Rebbi Nathan says, one listens to the first and when the second comes, one listens to what he has to say. Rebbi Jonathan was sitting and asking, maybe somebody is here who heard that practice follows Rebbi Nathan? Rebbi Yose bar Ḥanina told him, that is Rebbi Simeon ben Yaqim. He said, may he come up. When he came up, he asked him, did you hear that practice follows Rebbi Nathan? He answered, I heard that Rebbi Joshua ben Qorḥa agrees with Rebbi Nathan. He said, do we need this? He said, Rebbi Yose ben Ḥanina only intended to elevate Rebbi Simeon bar Yaqim because he was an important person.

23
English · Heinrich W. Guggenheimer

Rav Ḥisda asked: May one receive witnesses not in the presence of one of the parties? Rebbi Yose in the name of Rebbi Sabbatai: One may receive witnesses not in the presence of the parties and even issue a decision, but if [the absent party] appeals, their appeal must be heard. If a person was summoned by the court three times and did not appear, Rebbi Joshua ben Levi said that one may receive witnesses not in the presence of the parties and issue a decision. As the following: Cahana died and had willed his estate to Rebbi Joshia. Rebbi Eleazar heard witnesses not in the presence [of the heirs] and handed the estate to Rebbi Joshia. Not only that, but the estate contained Torah scrolls. Rebbi Eleazar wrote to his heirs: Scrolls won by the Land of Israel cannot be taken outside. Rebbi Nissai in the name of Rebbi Eleazar: If they were written for export, they can be exported. Rebbi Ḥiyya bar Abba asked before Rebbi Yasa: May one export? He asked him, do you ask me in a practical case? He answered, no. Rebbi Zeˋira was dissatisfied that he had not asked in a practical case, to know what he would have said.

24
English · Heinrich W. Guggenheimer

Rebbi Jeremiah had a suit against a certain person. They accepted testimony not in the presence of Rebbi Jeremiah, and decided against Rebbi Jeremiah. He was sitting despondent; is it possible that one accepts witnesses not in the presence of the parties? Rebbi Hina, Rebbi Phineas, and Rebbi Ḥizqiah from Ḥuqoq did not go to the lecture on that day, but Rebbi Huna pushed, went in, and found Rebbi Jeremiah despondent; is it possible that one accepts witnesses not in the presence of the parties even if they are present with them in the same city? He told him, this is seen to be the rabbis’ opinion.

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Jerusalem Talmud Sanhedrin 3.9English
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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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