Sanhedrin 54a
סנהדרין נ״ד ע״א
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Topic
A ברייתא explaining the פסוק about one who lies with his father's wife (ויקרא 20:11): who is liable, which women are included, which death penalty applies, and where the actual prohibition comes from.
Overview
The amud opens with a long ברייתא that supports רבא's explanation of רבי יהודה. Reading the פסוקים about אשת אב, the ברייתא works out who is liable, that the punishment is סקילה, where the warning comes from, and how a mother who is not the father's wife is included. It ends by teaching that a man with his own mother is liable only as 'mother', not also as אשת אב. The גמרא then shows that the רבנן read 'ערות אביך' literally, as a ban on one's father that adds a second count to the general ban on a male. This matches רב יהודה, and רבא explains that the 'two counts' mean two קרבנות for a Jew who sinned by accident. Two views argue whether this fits רבי יהודה, and that argument depends on whether we punish based on a קל וחומר. Next the גמרא lists which words each side uses for the father's wife after the father's death, for her punishment, and for a mother who is not the father's wife. Along the way, אביי shows that רבי יהודה disagrees with the משנה about counting אשת איש. אביי also explains that כלתו and אשת בנו are one prohibition, not two. A new משנה then rules that relations with a male or with an animal are punished by סקילה and explains why the animal is killed too. The גמרא learns the law of a male from ויקרא 20:13 and its סקילה from the words 'דמיהם בם'.
Opening lines
תַּנְיָא כְּוָותֵיהּ דְּרָבָא:
It was taught in a ברייתא in agreement with רבא:
״אִישׁ״ – פְּרָט לְקָטָן.
"A man" excludes a minor.
״אֲשֶׁר יִשְׁכַּב אֶת אֵשֶׁת אָבִיו״ –
"Who lies with his father's wife"
מַשְׁמָע בֵּין אֵשֶׁת אָבִיו שֶׁהִיא אִמּוֹ,
implies both his father's wife who is his mother
The steps (51)
- ProofA ברייתא that supports רבא begins: 'a man' leaves out a minor
- StatementFather's wife is included whether or not she is his mother
- QuestionWhat about his mother who is not his father's wife?
- ResponseThe extra words 'he uncovered his father's nakedness' teach a גזרה שוה
- Statement'They shall be put to death' means stoning
- QuestionWhy stoning and not another death penalty?
- ResponseLearned from אוב וידעוני through 'their blood is upon them'
- QuestionWe know the punishment, but where is the warning?
- ResponseThe warning: 'Your father's nakedness you shall not uncover'
- QuestionDoes 'your father's nakedness' mean his wife or the father himself?
- ResponseThe matching words prove the פסוק is about the father's wife
- StatementThe prohibition covers every wife of the father
- QuestionWhat about his mother who is not his father's wife?
- ResponseThe source is 'the nakedness of your mother'
- QuestionWe have the prohibition, but where is the punishment?
- ResponseThe same matching words carry the rule over to the punishment
- ConclusionLiable as 'mother', not also as 'father's wife'
- QuestionHow do the רבנן read 'the nakedness of your father'?
- ResponseIt means literally: one's father
- ChallengeIsn't that already covered by 'with a male'?
- ResolutionTo make him liable twice
- ProofSupport from רב יהודה: two counts for father and father's brother
- Statementרבא: the ruling is about a Jew who sinned by accident
- ProofProof: you cannot execute someone twice
- ProofA ברייתא teaches the same ruling
- StatementOne view: the ברייתא does not follow רבי יהודה
- StatementAnother view: the ברייתא can fit רבי יהודה too
- ProofThe קל וחומר spelled out
- StatementThe two readings match the argument of אביי and רבא
- QuestionWhere do the רבנן learn the warning about a father's wife?
- ResponseThe רבנן learn it from 'your father's wife'
- Responseרבי יהודה uses that phrase for after the father's death
- ResponseThe רבנן learn 'after death' from the end of the פסוק
- ResponseWhat רבי יהודה learns from 'ערות אביך היא'
- ChallengeA משנה says he is liable for both
- Resolutionאביי: he disagrees in a ברייתא
- QuestionWhere do the רבנן get the punishment after the father's death?
- ResponseThe רבנן use 'ערות אביו גלה' for the punishment after the father's death
- QuestionWhere do the רבנן get the punishment for a mother who is not the father's wife?
- Responseרב שישא: 'אמך היא' includes any mother
- ChallengeWhy not a third liability for 'his son's wife'?
- Resolutionאביי: 'כלתו' and 'אשת בנו' are the same prohibition
- StatementNew משנה: stoning for relations with a male or with an animal
- QuestionIf the person sinned, why is the animal punished?
- ResponseFirst reason: the animal caused a person to stumble
- ResponseSecond reason: to protect the dead person's memory
- QuestionWhere do we learn the law of relations with a male?
- ResponseThe ברייתא reads the פסוק word by word
- Statementרבי ישמעאל: a teaching phrase that also teaches about itself
- QuestionWhich death penalty: is it really סקילה?
- ResponseProof from 'their blood is upon them'