Sanhedrin 40a

סנהדרין מ׳ ע״א

Learn Sanhedrin 40a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

How a בית דין questions witnesses and votes in a capital case, and the source in the פסוקים for the seven חקירות.

Overview

This amud covers the whole משנה on how a בית דין judges a capital case. It opens with the seven חקירות about when and where the act happened (רבי יוסי says only three are needed). It adds questions about who the person is, whether he was warned, and details of the act. Asking extra detail questions (בדיקות) is praised. Not knowing the answer to a חקירה voids the testimony, but not knowing a בדיקה does not. Witnesses who contradict each other are thrown out, though small, honest gaps in the date or hour are forgiven, and רבי יהודה allows even more room. The judges then deliberate, always leaning toward זכות: they open with acquittal, silence a witness who argues and a student who argues for conviction, delay a conviction overnight, and let judges switch only toward acquittal. One extra vote acquits, but conviction needs a majority of two, so judges are added in pairs up to 71. The גמרא then begins by asking where the seven חקירות come from, and רב יהודה finds them in three פסוקים.

Opening lines

The steps (25)

1. StatementThe seven core questions about time and place
2. Statementרבי יוסי: only three questions are needed
3. StatementDo you recognize him, and did you warn him?
4. StatementDetails of the act: the idol worship example
5. StatementAdding more detail questions is praiseworthy
6. Proofבן זכאי questioned witnesses about fig stems
7. QuestionWhat is the difference between the two kinds of questions?
8. ResponseSaying "I don't know": void for חקירות, still valid for בדיקות
9. StatementContradiction voids testimony in both kinds of questions
10. StatementA one-day difference in the date does not cancel the testimony
11. StatementA two-day difference in the date does cancel the testimony
12. StatementDifferences in the hour: one hour is excused, two hours are not
13. Statementרבי יהודה allows a two-hour gap, but not one that crosses noon
14. StatementSecond witness is checked, then the court opens with acquittal
15. StatementA witness arguing for acquittal or a student arguing for conviction is silenced
16. StatementA student arguing for acquittal is seated among the judges
17. StatementReal arguments are heard, even from the accused himself
18. StatementIf not acquitted, the verdict waits for the next day
19. StatementNext day: judges restate their views, and may only switch toward acquittal
20. StatementScribes correct mistakes, then the judges count the vote
21. StatementWhen the court of 23 cannot decide, add judges
22. StatementAdding judges two at a time, up to 71
23. StatementThe final vote of 71: acquit by one, but never convict by one
24. QuestionWhere do the seven questions come from?
25. Responseרב יהודה finds the seven questions in three פסוקים