Gemara Clarity

Sanhedrin 45b

סנהדרין מ״ה ע״ב

Learn Sanhedrin 45b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 45b in Gemara Clarity

Topic

Carrying out stoning, the witnesses' hands and קרא כדכתיב, and who is hung after execution

Overview

The amud opens by finishing a derivation from the doubled verb סקול יסקל. It then explains how the stoning is carried out: both witnesses lift the heavy stone, but the second witness throws it alone so it lands with force. The משנה gives the law for when all of ישראל must join in, even though in practice the first stone always killed. A new stone was prepared after each execution, because the tools are buried near the executed person. שמואל rules that if the witnesses' hands were cut off after the trial, the person is not executed, because the פסוק requires the witnesses' hand to be first. The גמרא defends this rule. The murderer and the גואל הדם may be handled 'in any way', but they are two פסוקים that teach the same thing, so they are exceptions and do not set a general rule. Proofs for קרא כדכתיב are then tried from בן סורר ומורה and from עיר הנדחת, and the גמרא concludes that the question is a dispute between תנאים, as seen in the מצורע missing a right thumb. Finally, a new משנה asks which executed people are hung after death. The גמרא begins explaining that רבי אליעזר and the חכמים read the פסוקים with different methods, כלל ופרט against ריבוי ומיעוט, and this explanation continues on the next amud.

Opening lines

תַּלְמוּד לוֹמַר: ״סָקוֹל יִסָּקֵל״.

The verse states: "He shall surely be stoned."

וְאִם לָאו, עֵד הַשֵּׁנִי נוֹטֵל אֶת הָאֶבֶן.

And if not, the second witness takes the stone.

נוֹטֵל?

Takes?

וְהָתַנְיָא: רַבִּי שִׁמְעוֹן בֶּן אֶלְעָזָר אוֹמֵר,

But isn't it taught: Rabbi Shimon ben Elazar says,

The steps (38)

  1. ResponseThe doubled verb teaches the final point
  2. ChallengeHow can one witness take a stone that needs two men?
  3. RejectionThe ברייתא has the same problem inside it
  4. ResolutionBoth lift it, but one throws it
  5. ChallengeWas a second stone ever needed?
  6. ResolutionThe משנה only says what would happen if needed
  7. ChallengeWas the same stone really used every time?
  8. ResolutionA new stone was brought each time
  9. ChallengeAre the tools buried with him or not?
  10. Resolution'With him' means near him
  11. StatementIf the witnesses' hands were cut off, he is not executed
  12. ChallengeWould witnesses without hands be disqualified?
  13. ResolutionThe פסוק means hands they already had
  14. ChallengeA משנה seems to allow execution without the original witnesses
  15. Resolutionשמואל: the משנה speaks about the same witnesses
  16. ChallengeA murderer may be killed in any possible way
  17. ResolutionThe murderer is different because the Torah says so
  18. ChallengeWhy not learn a general rule from the murderer?
  19. ResolutionTwo פסוקים teaching the same thing do not teach a general rule
  20. QuestionWhich two verses make up the pair?
  21. ResponseThe court appoints a blood redeemer
  22. ChallengeDon't we need the verse exactly as written?
  23. ProofEach disability comes from a word in the verse
  24. ChallengeIsn't the reason that we follow the verse exactly?
  25. ResolutionThe rebellious son is special because the whole verse is extra
  26. ProofA city with no open square
  27. ProofBoth sides need the square the פסוק describes
  28. ResolutionIt is a dispute between תנאים: the מצורע missing a right thumb
  29. StatementNew משנה: which executed people are hung
  30. StatementHow a man and a woman are hung, and whether a woman is hung at all
  31. Proofרבי אליעזר brings proof from שמעון בן שטח
  32. RejectionThe חכמים reject the proof: that was not a normal court ruling
  33. ProofThe source for hanging: רבי אליעזר learns from the מגדף that all who are stoned are hung
  34. StatementThe חכמים learn from the מגדף that only those who deny God are hung
  35. QuestionWhat is the root of their argument?
  36. ResponseTwo methods of reading the Torah: כלל ופרט versus ריבוי ומיעוט
  37. ResponseThe חכמים label one phrase as general and the other as a detail
  38. StatementIf the general statement and the detail were next to each other, only the detail's case would be hung