Traité Sanhedrin

Traduction française en préparation — version anglaise (Steinsaltz) : that the upper knot is mandated by Torah law, then fulfillment of the mitzva is already compromised from the outset when the additional string is tied together with the other threads.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara challenges: If so, the status of phylacteries is also the same. If one crafts phylacteries of the head with four compartments, and he then brings another compartment and places it alongside them, these compartments with which he fulfills the mitzva stand alone and that additional compartment stands alone and does not compromise the fulfillment of the mitzva. And if one crafts phylacteries of the head with five compartments, the fulfillment of the mitzva is already compromised from the outset. The Gemara answers: But doesn’t Rabbi Zeira say: If there is an obstruction which creates an outer compartment of the phylacteries of the head that is not exposed to the air, the phylacteries of the head are unfit for use in the fulfillment of the mitzva? Therefore, adding a fifth compartment to the four compartments of the phylacteries of the head always compromises the fulfillment of the mitzva.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: One does not execute the rebellious elder, neither in the court that is in his city, nor in the court that is in Yavne, although that was the seat of the Sanhedrin after the destruction of the Second Temple. Rather, one takes him up to the High Court in Jerusalem. And they guard him in incarceration until the pilgrimage Festival, and the court executes him during the pilgrimage Festival, as it is stated: “And all the nation shall hear, and fear, and no longer sin intentionally” (Deuteronomy 17:13); this is the statement of Rabbi Akiva. Rabbi Yehuda says: One does not delay administering justice to this individual. Rather, the court executes him immediately, and the judges write reports and dispatch agents to all the places, informing them: So-and-so is liable to be punished with the court-imposed death penalty for disobeying the court.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Sages taught in a baraita (Tosefta 11:3): One does not execute the rebellious elder, neither in the court that is in his city, nor in the court that is in Yavne. Rather, one takes him up to the High Court that is in Jerusalem. And they guard him in incarceration until the pilgrimage Festival, and the court executes him during the pilgrimage Festival, as it is stated: “And all the nation shall hear, and fear” (Deuteronomy 17:13); this is the statement of Rabbi Akiva.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Yehuda said to Rabbi Akiva: Is it stated: And all the nation shall see and fear, which would indicate that the entire nation must actually witness his execution? But isn’t it stated only: “And all the nation shall hear and fear,” indicating that merely informing the people of the execution is sufficient? Why delay administering justice to this individual? Rather, the court executes him immediately, and the judges write reports and dispatch agents to all the places informing them: So-and-so was sentenced and found liable to be punished with execution in court.

Traduction française en préparation — version anglaise (Steinsaltz) : The Sages taught: There are four transgressors condemned to be executed whose verdicts require a proclamation to inform the public: One who instigates others to engage in idol worship, and the stubborn and rebellious son, and the rebellious elder, and conspiring witnesses. In all of these cases, it is written concerning them: “And all the nation” (Deuteronomy 17:13), or: “And all Israel” (Deuteronomy 13:12, 21:21), except with regard to conspiring witnesses, where it is written: “And those who remain shall hear and fear” (Deuteronomy 19:20), as not everyone is fit for providing testimony. Therefore, rather than saying that all of the nation or all of Israel must be informed, only those remaining who are not disqualified from providing testimony are those who must heed the verse: “Hear and fear and shall henceforth commit no more such evil in the midst of you” (Deuteronomy 19:20).

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: The false prophet mentioned in the Torah includes one who prophesies that which he did not hear from God and one who prophesies that which was not said to him, even if it was said to another prophet. In those cases, his execution is at the hand of man, through strangulation imposed by the court.

Traduction française en préparation — version anglaise (Steinsaltz) : But with regard to one who suppresses his prophecy because he does not want to share it with the public, and one who contemptuously forgoes the statement of a prophet and refuses to heed it, and a prophet who violated his own statement and failed to perform that which he was commanded to do, his death is at the hand of Heaven, as it is stated: “And it shall come to pass, that whosoever shall not hearken unto My words that he shall speak in My name, I will exact it of him” (Deuteronomy 18:19).

Traduction française en préparation — version anglaise (Steinsaltz) : One who prophesies in the name of idol worship and says: This is what the idol said, even if he approximated the correct halakha in the name of the idol to deem ritually impure that which is ritually impure and to deem ritually pure that which is ritually pure, is executed by strangulation.

Traduction française en préparation — version anglaise (Steinsaltz) : In the case of one who engages in intercourse with a married woman once she entered her husband’s domain for the purposes of marriage, even if the marriage was not yet consummated, as she did not yet engage in intercourse with him, one who engages in intercourse with her is executed by strangulation. Before marriage, one who engages in intercourse with her is liable to be executed by stoning.

Traduction française en préparation — version anglaise (Steinsaltz) : And conspiring witnesses who testified that the daughter of a priest committed adultery are executed by strangulation, even though were she guilty, she would be executed by burning. And her paramour is also executed by strangulation, as in any case where one engages in intercourse with a married woman. As all those who are rendered conspiring witnesses are led to their deaths via the same mode of execution with which they conspired to have their victim executed, except for conspiring witnesses who testified that the daughter of a priest and her paramour committed adultery. In that case, although the priest’s daughter who commits adultery is executed by burning, the conspiring witnesses who sought to have her executed are executed by strangulation, as is the paramour whom they also conspired to have executed.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Sages taught in a baraita about the punishment of those who sin concerning prophecy: With regard to three of them, their execution is at the hand of man, and with regard to three of them, their execution is at the hand of Heaven. In the case of one who prophesies that which he did not hear from God, and one who prophesies that which was not stated to him, and one who prophesies in the name of idol worship, their execution is at the hand of man. In the case of one who suppresses his prophecy, and one who contemptuously forgoes the statement of a prophet, and a prophet who violated his own statement, their execution is at the hand of Heaven.