Rabbinic JudaismJerusalem Talmud Sanhedrin 4.1HOLYMAP · SACRED TEXTS
The Jerusalem TalmudJerusalem Talmud Sanhedrin 4.1

The Jerusalem Talmud

Jerusalem Talmud Sanhedrin 4.1

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English · Heinrich W. Guggenheimer

MISHNAH: Both civil suits and criminal suits require cross-examination and investigation, as it is said: One set of rules shall be for you. What is the difference between civil suits and criminal suits? Civil suits are tried before three judges, criminal suits before 23. In civil suits one starts with arguments either for acquittal or conviction; in criminal courts one starts with arguments for acquittal but not for conviction.

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English · Heinrich W. Guggenheimer

HALAKHAH: “Both civil suits,” etc. Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.” Rebbi Ḥiyya bar Abba asked before Rebbi Yasa: What does one do in practice? He answered, following Rebbi Joḥanan, as Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.” Ze‘ir bar Ḥinena in the name of Rebbi Ḥanina and Rav Jehudah, one said: You shall cross-examine, investigate, and inquire well. The other said, equity, equity you shall pursue. How is that? If you see that the verdict will be the truth, investigate it; otherwise, act in equity.

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English · Heinrich W. Guggenheimer

When Rav Huna saw that witnesses said exactly the same, he was investigating. When he saw them essentially identical, he determined the common element.

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English · Heinrich W. Guggenheimer

How does one start for acquittal? One says, is it possible that this one be a murderer? Rebbi Yose said, if this is so, if one of the witnesses said, I have something to say in his defense, and his colleague comes to support him, is that support? If you say so, would you not put guilt on the judges, to lead witnesses to lie?

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English · Heinrich W. Guggenheimer

Rebbi Joḥanan said, anybody who cannot argue for the crawling animal to make it pure a hundred times cannot start arguing for acquittal. How does one argue about a crawling animal? Rebbi Joḥanan said, since a snake which kills is pure, a rat which does not kill logically should be pure. Since a rat which does not kill is impure, a snake which kills logically should be impure. Rebbi Phineas objected: Is there not the scorpion which kills and is pure? It was found that a Tanna said, snake and scorpion both follow the same rules.

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English · Heinrich W. Guggenheimer

Rebbi said, Rebbi [ ] had a self-confident student who was arguing for purity or impurity of the crawling animal a hundred times. They said, this student never could instruct. Rebbi Jacob bar Dositheos said, this student was cut-off from Mount Sinai.

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Jerusalem Talmud Sanhedrin 4.1English
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Jerusalem Talmud Sanhedrin 4.10%

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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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