Hebrew Literature

by Unknown

3. The Sanhedrin was like half a round threshing-floor, in order that the members might observe each other. And two scribes of the judges stood before them—one on the right and one on the left. And they wrote the sentence of acquittal, and the sentence of condemnation. R. Judah said, “three; one scribe wrote the sentence of acquittal, and one wrote the sentence of condemnation; and the third wrote both the sentence of acquittal and the sentence of condemnation.”

4. And three rows of the disciples of the wise sat before them. And each one knew his place. When it was necessary to appoint a judge, they appointed one from the first row. One from the second row came instead of him into the first, and one from the third row came instead of him into the second, [pg 169] and they selected another from the congregation, and they seated him in the third row, and he did not sit in the place of his predecessor, but he sat in a place suitable for himself.

5. “How did the judges intimidate witnesses in the testimony for souls?” “They introduced them, and intimidated them.” “Perhaps you are speaking from guess? or from hearsay? witness from witness? or from a trustworthy man we heard it?” Or, perhaps, “you don't know that at the last we shall proceed to inquire into your own character and investigate it.” “Have a knowledge that the judgments of money are not as the judgments of souls. Judgments for money, when the man pays the money he has atoned. In judgments for souls his blood and the blood of his posterity are suspended till the end of the world.” So we find it with Cain when he slew his brother. It is said of him,[391] “the voice of thy brother's bloods crieth.” He does not say thy brother's blood, but bloods of thy brother, his blood and the blood of his posterity. Another thing is also meant, that thy brother's bloods are spattered on wood, and on stones. Therefore man is created single, to teach thee that everyone who destroys one soul from Israel, to him is the verse applicable, as if he destroys a full world. And everyone who supports one soul in Israel, to him is the verse applicable, as if he supports the full world. And it is also said, for the peace of creation, that no man may justly say to his companion, my father is greater than thine. And that the Epicureans should not say, that there are more Creators in the heavens, and it is also said, to show forth the greatness of the Holy One, blessed be He! When man stamps many coins with one stamp, all are alike. But the King of Kings, the Holy One, blessed be He! stamped every man with the stamp of the first Adam, and no one of them is like his companion; therefore everyone is bound to say, “for my sake was the world created.” But, perhaps, the witnesses will say “what is this trouble to us?” But is it not already said, “And is a witness, whether he hath seen or known of it; if he do not utter it?”[392] But perhaps the witnesses will say, “what is it to us, to be guilty of this man's blood?” But is it not already said, “When the wicked perish, there is shouting”?[393]

Chapter V

1. The witnesses were examined with seven investigations. “In what Sabbatical year?” “In what year?” “In what month?” “What date in the month?” “What day?” “What hour?” “What place?” R. José said, “What day?” “What hour?” “What place?” “Did you know him?” “Did you warn him?” In a case of idolatry, “whom did he serve?” “And with what did he serve?”

2. Every judge who extends examinations is praiseworthy. It happened that the son of Zacchai examined (even) on the stems of figs. And what difference is there between investigations and examinations? In investigations if one say, “I don't know,” their witness is worthless. In examinations, if one say, “I don't know,” and even two say, “we don't know,” their witness stands. Whether in investigations or examinations, when they contradict each other, their witness is worthless.

3. One witness said, “on the second of the month,” and another witness said, “the third of the month.” Their witness stands. Because one knows of the intercalary month, and another does not know of the intercalary month. One said, “on the third,” and another said, “on the fifth”; their witness is worthless. One said, “at the second hour,” and another said, “at the third hour”; their witness stands. One said, “at the third,” and another said, “at the fifth”; their witness is worthless. R. Judah said, “it stands.” One said, “on the fifth,” and another said, “on the seventh”; their witness is worthless, because at the fifth (hour) the sun is in the east, and at the seventh hour the sun is in the west.

4. And afterward they introduce the second (witness) and examine him. If both their statements agree, they open the case with clearing. One of the witnesses says, “I possess information to clear him.” Or one of the disciples of the Sanhedrin says, “I possess information for condemning.” They order him to keep silence. One of the disciples of the Sanhedrin says, “I possess information to clear him.” They bring him up, and seat him between the judges, and he did not go down during the whole day. If there be substantial information, [pg 171] they give him a hearing. And even when he (the accused) says, “I possess information for clearing myself,” the judges give him a hearing; only there must be substantial information in his words.

5. If the judges found him clear, they released him, but if not they deferred his judgment till the morrow. They conversed in pairs, and reduced their eating, and they drank no wine all the day, and discussed the matter the whole night. And on the morrow they came very early to the judgment hall. He who was for clearing said, “I was for clearing, and I am for clearing in my place.” And he who was for condemning said, “I was for condemning, and I am for condemning in my place.” He who pronounced for condemning, could pronounce for clearing, but he who pronounced for clearing, could not turn round and pronounce for condemning. If the judges erred in a matter, the two scribes of the judges recalled it to their memory. If they found him clear, they released him: but if not, they stood to be counted. “Twelve cleared him, and eleven condemned?” “He is clear.” “Twelve condemned him, and eleven cleared him, and even eleven cleared, and eleven condemned,” and one said, “I don't know.” And even twenty-two cleared or condemned, and one said, “I don't know?” “They must add judges.” “How many do they add as judges two by two?” “Up to seventy-one.” “Thirty-six cleared him, and thirty-five condemned him?” “He is clear.” “Thirty-six condemned him, and thirty-five cleared him?” “They disputed with each other until one of the condemning party acknowledged the statement of the clearing party.”