סנהדרין פ - מקורות נלווים

HALAKHAH: “If a murderer was mixed up with others,” etc. Rebbi Joḥanan said, the Mishnah deals with a murderer mixed up with innocent people48In this interpretation, R. Jehudah allows the police to arrest innocent people and keep them in prison until they have proven their innocence.. Rebbi Simeon ben Laqish said, the Mishnah deals with a murderer being tried mixed up with a murderer who already was convicted. Samuel said, the Mishnah deals with a bull mixed up with other bulls. If the Mishnah referred to a bull50A bull which has killed a human and must be stoned by the verdict of a court of 23. Humans can be identified by witnesses; cattle all look alike. mixed up with other bulls, would we state about them that “one keeps them in jail”?

§ The mishna teaches: With regard to all animals whose sacrifice on the altar is prohibited, sacrifice of their offspring is permitted. Rav says: This ruling that with regard to all animals whose sacrifice on the altar is prohibited, sacrifice of their offspring is permitted, is not unanimous but is the opinion of the Rabbis. And indeed it is taught with regard to this case: And Rabbi Eliezer prohibits their offspring to be sacrificed on the altar. Rav Huna bar Ḥinnana says that Rav Naḥman says: This dispute applies in a case where the animals became pregnant and then were the objects of bestiality, thereby becoming prohibited to sacrifice on the altar. As Rabbi Eliezer holds that a fetus is considered the thigh of its mother and regarded as part of the animal, and is consequently prohibited like its mother. And the Rabbis hold that a fetus is not considered the thigh of its mother. But if the animals were the objects of bestiality and then became pregnant, everyone agrees that they are permitted. Rava says: This dispute applies in a case where the animals were the objects of bestiality and then became pregnant, as Rabbi Eliezer holds that when both this permitted factor and that prohibited factor cause a certain situation, the resulting item is prohibited. Since the mother of this offspring is prohibited, the offspring is likewise prohibited, despite the fact that its father is permitted. And the Rabbis hold that when this permitted factor and that prohibited factor cause a result, it, i.e., the offspring, is permitted like its father. But in a case where the animals became pregnant and then were the object of bestiality, everyone agrees that they are prohibited. And the Gemara adds that Rava conforms to his standard line of reasoning in this regard, as Rava said: The offspring of a female animal that was the object of bestiality when it was pregnant is prohibited to be sacrificed on the altar, as it is considered as though it, the mother, and its offspring were both the object of bestiality. Likewise, the offspring of a pregnant cow that gores and kills a person is prohibited, because it is as though it, the mother, and its offspring both gored. Some state another version of the previous discussion: Rav Huna bar Ḥinnana says that Rav Naḥman says: This dispute applies in a case where the animals were the object of bestiality when they already had the status of sacrificial animals. As Rabbi Eliezer holds that the offspring are also prohibited to be sacrificed on the altar, as their sacrifice is considered a degradation of consecrated items, and degradation of consecrated items is significant. And the Rabbis hold that the offspring may be sacrificed, as they maintain that this is not considered a degradation of consecrated items. But in a case where the animals were the object of bestiality when they were non-sacred, and were subsequently consecrated, since their status was changed by their consecration, everyone agrees that they are permitted. In contrast, Rava says that Rav Naḥman says: This dispute applies in a case where the animals were the object of bestiality when they were non-sacred, as Rabbi Eliezer holds that even the sacrifice of this offspring is considered degrading to sacrificial animals, and degradation of sacrificial animals is significant, and therefore they are prohibited. And the Rabbis hold that since their status was changed by their consecration, they are permitted. But in a case where the animals were the object of bestiality when they already had the status of sacrificial animals, everyone agrees that they are prohibited.

It was stated: Rebbi Simeon ben Ioḥai said, by the mouth of two witnesses shall the dead die. Does he die when dead? But to tell him by which kind of death he will be executed. It was stated: Rebbi Jehudah ben Rebbi Illai said, and if a man intentionally kill his neighbor knowingly; they shall inform him by which kind of death he will be executed. If his death should have been a severe one but they warned him about an easy one. He could say that had he known that his death was to be severe, he would not have committed that crime. If his death should have been an easy one but they warned him about a severe one; in the opinion of Rebbi Jehudah ben Rebbi Illai they have to inform him by which kind of death he will be executed.