Sanhedrin 33b

סנהדרין ל״ג ע״ב

Learn Sanhedrin 33b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 33b in Gemara Clarity

Topic

Reopening a verdict: a judge's mistakes, retrial rules in capital and related cases, and who may argue

Overview

The amud opens by rejecting a reading of the משנה's rule 'מחזירין לזכות ואין מחזירין לחובה' as two kinds of acquittal. The reason is that no one would execute a person for the sake of the גואל הדם, and the wording 'בין... בין' does not fit. רבינא then explains how a judge can cause a loss with his own hands: by taking collateral, by touching an item to a שרץ, or by mixing impure produce into pure produce. Next, a ברייתא learns from 'נקי וצדיק אל תהרג' that in דיני נפשות a case is reopened to acquit but never to convict. For a מסית the rule is reversed. רב ששת extends the retrial rules to חייבי גלות (from 'רוצח') and to חייבי מלקות (from 'רשע'), and a ברייתא supports him. רבי יוחנן limits 'no retrial to convict' to mistakes in matters the צדוקים reject. A mistake in a clear written law, like נואף, is reversed, while a mistake about relations שלא כדרכה is not. Finally, רב פפא explains that the משנה's 'everyone may argue for acquittal' means the students, not the witnesses, so it fits all views.

Opening lines

The steps (27)

1. ResolutionReading the clause as two kinds of acquittal
2. QuestionA loss for whom?
3. ResponseThe loss is to the גואל הדם
4. ChallengeWould we execute someone because of the גואל הדם?
5. ChallengeThe words 'בין... בין' point to two opposite things
6. ConclusionThe reading stays difficult
7. Resolutionרבינא: the judge took the collateral away
8. ResolutionPurity cases: touching a שרץ and mixing produce
9. StatementA convicted person is brought back if someone has a reason to acquit him
10. StatementAn acquitted person is not brought back to be convicted
11. StatementFor a מסית the rule is reversed
12. Statementרב כהנא learns the מסית rule from a different פסוק
13. Questionרבי זירא asks about people liable to exile
14. ResponseLearned from the word 'רוצח' appearing in both places
15. QuestionWhere do we learn the same rules for people who get lashes?
16. ResponseIt comes from the word 'wicked' in both places
17. ProofA ברייתא teaches both of these sources
18. StatementThe 'no retrial to convict' rule only covers some mistakes
19. QuestionWhat about a mistake regarding a man and woman who committed adultery?
20. ResponseUse the moment: add this case to the rule
21. ConclusionIt was stated openly: a mistake about adultery is reversed
22. QuestionSo when does the acquittal stand?
23. ResponseA mistake about relations done in an unusual way
24. QuestionDoes 'everyone' include the witnesses?
25. ChallengeDoes the משנה follow only a minority view?
26. ProofThe ברייתא about a witness speaking
27. Rejection'Everyone' means one of the students