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Sanhedrin 37b

סנהדרין ל״ז ע״ב

Learn Sanhedrin 37b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 37b in Gemara Clarity

Topic

The warning to witnesses in capital cases, testimony from guesswork (אומד), the snake that killed a murderer, teachings about קין and הבל, and how much גלות atones for.

Overview

The משנה finishes the court's warning to witnesses in capital cases: do not hold back true testimony, and do not feel guilty when a wicked person dies. The גמרא explains that testimony from guesswork (אומד) is worth nothing, even when the evidence is overwhelming. רבי שמעון בן שטח tells how he saw such a case and could not convict, and the murderer was then killed by a snake. The גמרא asks why a murderer would die by a snake, since the דין of the four court deaths still brings a matching death. It answers that he also deserved burning for another sin, and the harsher death wins. The גמרא then tests whether the משנה allows אומד in money cases, like רבי אחא, and shows from hearsay (עד מפי עד) that the warning proves nothing. Next come teachings about קין and הבל, and a disagreement about how much גלות atones for: half a sin, three kinds of death, or everything. רבי יוחנן proves his view from King יכניה, whose son was born after his exile, and the explanation of that birth continues on the next amud.

Opening lines

מָה לָנוּ וְלַצָּרָה הַזֹּאת?

Why should we get involved in this trouble?

וַהֲלֹא כְּבָר נֶאֱמַר:

But has it not already been stated:

״וְהוּא עֵד אוֹ רָאָה אוֹ יָדָע

"And he is a witness, whether he saw or knew,

אִם לוֹא יַגִּיד וְגוֹ׳״.

if he does not tell, etc."

The steps (21)

  1. StatementWitnesses must not hold back, and need not feel guilty
  2. StatementWhat counts as testimony from guesswork
  3. Proofרבי שמעון בן שטח saw it happen and could do nothing
  4. ChallengeIs a snake bite a fitting death for this murderer?
  5. ChallengeBut the death penalties did stop
  6. ResolutionThe law of the four deaths still applies
  7. StatementWhich natural death matches each court death
  8. ResolutionThe murderer had another sin deserving burning
  9. QuestionDoes the משנה allow guesswork in money cases?
  10. ResponseIt follows רבי אחא's camel case
  11. ChallengeThe same reasoning would wrongly allow hearsay in money cases
  12. RejectionThe warning about guesswork proves nothing about money cases
  13. Statementקין struck הבל many times
  14. StatementThe earth never opened its mouth again
  15. ChallengeBut the earth opened its mouth for קרח
  16. ResolutionIt opened for bad, not for good
  17. Statementגלות atones for half a sin
  18. StatementExile saves from three kinds of death
  19. StatementExile atones for everything: the curse on King יכניה
  20. ProofAfter his exile, יכניה has a son
  21. StatementExplaining the names אסיר and שלתיאל