Sanhedrin 50a
סנהדרין נ׳ ע״א
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Topic
Ranking the four death penalties: the רבנן's order (סקילה first) and רבי שמעון's order (שריפה first)
Overview
The גמרא ranks the four deaths of בית דין: סקילה, שריפה, סייף and חנק. For the רבנן, סקילה is the most severe. A betrothed בת כהן gets סקילה, not שריפה, and they prove the rest of their order the same way. Each time, the גמרא first gives a reason based on who receives a death, such as the מגדף, the בת כהן, or the people of an עיר הנדחת. It then pushes back with אדרבה, pointing to another sinner, like one who strikes a parent. Each push-back is settled by a stronger proof: the Torah moving a case to a harsher death, a גזרה שוה on the word "אביה", or the rule that the מדיח is worse than the people he led astray. Then the גמרא explains רבי שמעון, who puts שריפה first, because he holds that even a betrothed בת כהן is moved from סקילה to שריפה. The proof that שריפה is more severe than סייף for רבי שמעון begins at the end of the amud and finishes on the next amud.
Opening lines
קָסָבְרִי רַבָּנַן:
The Rabbis hold:
נְשׂוּאָה יוֹצְאָה לִשְׂרֵיפָה,
A married woman is taken out for burning,
וְלֹא אֲרוּסָה.
but not a betrothed one.
וּמִדְּאַפְּקַהּ רַחֲמָנָא לַאֲרוּסָה בִּסְקִילָה,
And since the Merciful One took out the betrothed woman for stoning,
The steps (26)
- ResolutionThe Rabbis: only a married בת כהן gets burning
- ProofProof that stoning is more severe
- StatementStoning is more severe than the sword
- ChallengeChallenge: maybe the sword is more severe
- ResolutionThe one who leads others astray is worse, and he is stoned
- StatementStoning is more severe than strangulation
- ChallengeMaybe strangulation is more severe, because of honoring parents
- ResolutionThe Torah moves the betrothed woman from strangulation up to stoning
- StatementBurning is more severe than the sword
- ChallengeMaybe the sword is more severe than burning
- ResolutionThe word "her father" links burning to stoning
- StatementBurning is more severe than strangulation
- ChallengeMaybe strangulation is more severe because of parents' honor
- ResolutionThe Torah moved the married בת כהן from strangulation to burning
- StatementThe sword is more severe than strangulation
- ChallengeMaybe strangulation is more severe, because of striking a parent
- ResolutionDenying הקב"ה Himself is still worse
- Statementרבי שמעון: burning is more severe than stoning
- ChallengeChallenge: stoning is given for blasphemy and idol worship
- Resolutionרבי שמעון's own view about the betrothed בת כהן
- StatementBurning is also more severe than strangulation
- ChallengeMaybe strangulation is more severe, since it is for striking a parent
- ResolutionThe Torah moved the married בת כהן from strangulation to burning
- StatementBurning is also more severe than the sword
- ChallengeMaybe the sword is more severe, since the עיר הנדחת also loses its property
- ResolutionWho is worse: the one who leads astray or the one who is led astray?