The Jerusalem Talmud Jerusalem Talmud Sanhedrin 8.6

English · Heinrich W. Guggenheimer

MISHNAH: If he escaped before sentence was passed and then grew the lower beard, he is not liable; but if he escaped after sentence was passed and then grew the lower beard, he is liable.

2

English · Heinrich W. Guggenheimer

HALAKHAH: “If he escaped before sentence was passed,” etc. Rebbi Joshia said, Zeˋira told me in the name of the people of Jerusalem: In three cases, if they want to forgive, they may forgive. These are: The suspect wife, the deviant son, and the Elder rebelling against the [Supreme] Court.

3

English · Heinrich W. Guggenheimer

The suspect wife, is that not a Mishnah, “one whose husband refuses to let her drink”? They wanted to say, before the scroll was written. He comes to tell, even after the scroll was written. But it does not apply to the case where the scroll had been erased.

4

English · Heinrich W. Guggenheimer

The deviant son, is that not a Mishnah, “if his father was willing but not his mother, or his mother willing but his father unwilling”? They wanted to say, before he was tried. He comes to tell, even after he was tried. But it does not apply to the case where judgment had been passed.

5

English · Heinrich W. Guggenheimer

The rebellious Elder; that means not to kill him. But they cannot let him return to his place.

6

English · Heinrich W. Guggenheimer

But when I came to Rebbi Jehudah ben Bathyra at Nisibis, he agreed with me in two cases and disagreed in one. He disagreed about the rebellious Elder, lest quarrels increase in Israel.

7

English · Heinrich W. Guggenheimer

What is the reason of the House of Shammai? “Bring me my husband and I shall drink.” What is the reason of the House of Hillel? Since there is no husband to let her drink, the Torah returns her to a state of doubt, which induces another doubt, which remains a doubt.

8

English · Heinrich W. Guggenheimer

There, we stated: “If she had compromised her ketubah, she shall not be able to collect without an oath.” It was stated “compromised”, not that she reduced [her ketubah]. How? If her ketubah was 200 but she claims a mina, she is paid without an oath. What is the difference between one who did compromise and one who claims less? Rebbi Ḥanina said, if she compromises there was a transaction between them; if she claims less there was no transaction between them.

9

English · Heinrich W. Guggenheimer

Rebbi Jeremiah asked: Since we stated there: “If one witness testified that [the ketubah] was paid, she shall not be able to collect without an oath”; should it be similar that if one witness testifies that [the ketubah] was reduced, she shall not be able to collect the reduced amount without an oath? Rebbi Yose said, at the moment when one witness testified that it was paid, he does not contradict two [witnesses]; but when he testifies that it was reduced he would contradict two [witnesses.]

10

English · Heinrich W. Guggenheimer

It was stated: “If she collects in his absence, she shall not be able to collect without an oath.” Can one collect from a person in his absence? Rebbi Jeremiah said, explain it about a contract for which interest is due. Would the court collect interest? Explain that it was guaranteed for a Gentile.

11

English · Heinrich W. Guggenheimer

It was stated: If an heir’s father held a partially paid promissory note, the son collects without swearing. In this the son’s power is greater than the father’s since the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents stating that this note was paid.” Therefore, if there was a document, the note was paid. Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted this for him, but not for his son. When he died, you put his son on the biblical rule.

12

English · Heinrich W. Guggenheimer

If a father became obligated to swear in court and died, his son cannot collect. If it were otherwise, what could we say? Can a man let his son inherit an obligation to swear? Rebbi Ba said, it was said as follows: if a man compromised his document in court, his son cannot collect. Rav Ḥisda asked: Because he walked two steps, does he lose? If he compromised it outside the court, he collects. Because he compromised it in court, he cannot collect?

Jerusalem Talmud Sanhedrin 8.6

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