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The Talmud, by Joseph Barclay, [1878], at sacred-texts.com


CHAPTER XI.

1. These are to be strangled,—he who beats his father or his mother, and he who steals a soul from Israel, and an "elder" who is rebellious against the judges, and a false prophet, and he who prophesies in the name of idolatry, and false witnesses proved to be perjured against a priest's daughter and her paramour. He who beats father or mother is not guilty till he make a bruise in them. It is more grievous to curse them than to beat them. Because if he cursed them after their death, he is guilty; but if he beat them after their death, he is free. He who stole a soul from Israel is not guilty till he bring him on his property. R. Judah said, "till he bring him on his property and obtain service by him," as is said, "And maketh merchandise of him, or selleth him." 2 "If he steal his own son?" R. Ishmael, the son of R. Jochanan, the son of Beroka, pronounces him

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[paragraph continues] "guilty," but the Sages pronounce him "free." "If he stole one, half a servant and half free?" R. Judah pronounces him "guilty," but the Sages pronounce him "free."

2. The elder rebellious against the decision of the judges? as it is said, "If there arise a matter too hard for thee in judgment," 1 etc. There were three places of judgment. One place was by the door of the Mountain of the House; and one was by the door of the court; and one was in the chamber of hewn stone. The witnesses against the rebellious elder came to the one by the door of the Mountain of the House, and each one said, "so I expounded, and so my companions expounded; so I taught, and so my companions taught." If the judges listened to them, they told them: but if not, they went to those at the door of the court, and each one said, "so I expounded, and so my companions expounded; so I taught, and so my companions taught." If they listened to them, they told them; but if not, both parties went to the supreme court in the chamber of hewn stone, because from it the Law proceeded forth to all Israel, as is said, "Of that place which the Lord shall choose." 2 "If the rebellious elder returned to his city, and taught as before?" "He is free." "But if he decided to practise false teaching?" He is guilty, as is said, "And the man that will do presumptuously." 3 He is not guilty till he decide to practise his false teaching. A disciple who decided to practise false teaching is free. It follows that what is a grave offence in the one is a light offence in the other.

3. The burden in the words of the scribes is greater than the burden in the words of the law. He who said, "There are no phylacteries, so as to transgress the words of the law?" "He is free." He who said, "There are five frontlets, so as to add to the words of the scribes?" "He is guilty."

4. “The judges do not put such an offender to death in the tribunal of his city, nor in the tribunal of Jabneh, 4 but they bring him up to the supreme court in Jerusalem, and they guard him till a holiday; and they put him to death on a holiday, as is said, “And all the people shall hear and fear,

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and do no more presumptuously.” 1 The words of R. Akiba. R. Judah said, "they do not cause him anguish in delaying his judgment, but they execute him off-hand." And they write and send messengers to all places, "Such a man, the son of such a man, is condemned to death by the tribunal."

5. A false prophet, who prophesied what he did not hear, and what was not told to him, is put to death by the hands of man. But he who suppressed his prophecy, and he who added to the words of a prophet, and a prophet who transgressed his own words, is put to, death by the visitation of heaven, as is said, "I will require it of him." 2

6. And he who prophesied in the name of idolatry and said, "so the idol said," even though its decision was exactly to pronounce unclean the unclean, and to pronounce cleansed the clean, is to be strangled. And so also the false witnesses against a priest's daughter. Because all false witnesses are condemned to the same death which they had intended (for the accused), except false witnesses against the daughter of a priest, and they are to be strangled.


Footnotes

201:1 Deut. xiii. 17.

201:2 Deut. xxiv. 7.

202:1 Deut. xvii. 8.

202:2 Deut. xvii. 10.

202:3 Deut. xvii. 12.

202:4 Now called Yebna.

203:1 Deut. xvii. 13.

203:2 Deut. xviii. 19.


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