Sanhedrin 78a
סנהדרין ע״ח ע״א
Learn Sanhedrin 78a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Shared and partial killing (גוסס, טריפה), רבא's rulings about a טריפה, the snake-bite case, and a victim who improved before dying
Overview
The amud opens by finishing an earlier answer: a thrower's force is 'weak,' but it still counts as his. A ברייתא then teaches that if ten people beat a man to death, all are פטור, while רבי יהודה בן בתירא makes the last attacker חייב when the blows came one after another. רבי יוחנן shows that both sides read ״כל נפש״ differently. רבא narrows the argument: everyone agrees that killing a טריפה is פטור and that killing a גוסס בידי שמים is חייב, so they argue only about a גוסס בידי אדם. A ברייתא recited before רב ששת is corrected and shown to follow רבי יהודה בן בתירא. Next comes a series of rulings by רבא about a טריפה: as a murderer, as a sinner with a male, as a witness, and as the owner of an ox. Several of them rest on the rule that testimony which can never face הזמה is not testimony, and רב אשי disagrees on two of them. The גמרא then explains the snake case in the משנה: it depends on whether the venom sits ready in the snake's teeth or the snake releases it itself. Finally a new משנה asks about a victim who improved and then died, and the גמרא starts bringing רבי נחמיה's פסוק, which continues on the next amud.
Opening lines
וְאִי לָאו כֹּחוֹ הוּא –
And if it were not his force,
תֵּיזִיל לְתַחַת.
it should go straight down.
אֶלָּא, כֹּחַ כָּחוּשׁ הוּא.
Rather, it is a weak force.
תָּנוּ רַבָּנַן:
The Sages taught:
The steps (34)
- ResolutionHis force is weak, but it is still his force
- StatementTen people hit a man with ten sticks: the first view
- StatementThe last attacker is liable for making death come sooner
- StatementBoth sides read the same פסוק differently
- StatementTwo cases where everyone agrees
- ConclusionThe argument is only about a person dying from human blows
- QuestionWhy not compare him to one dying by Heaven?
- ResponseA person already acted on him
- QuestionWhy not compare him to a טריפה?
- ResponseA טריפה's vital organs are already cut
- StatementA ברייתא about a second attacker who finishes the killing
- ChallengeIf the first blow could not kill, that's obvious
- ResolutionChange the wording: the first blow could kill
- ConclusionThis ברייתא follows רבי יהודה בן בתירא
- StatementKilling a טריפה, and a טריפה who kills
- QuestionWhy is the טריפה liable in front of the court?
- ResponseThe פסוק, and the problem of testimony that cannot face הזמה
- StatementThe same rulings for forbidden relations with a male
- ChallengeWhy say the second ruling at all?
- ResolutionThe new point: relations with a טריפה are still punished
- Statementרבא on witnesses and a טריפה
- Statementרב אשי: טריפה witnesses are not killed
- Statementרבא on an ox that kills
- QuestionWhy is the ox of a טריפה exempt?
- ResponseThe verse links the ox to its owner
- Statementרב אשי: even a טריפה ox is exempt
- Responseרב אשי's reason: the ox is like its owner
- StatementBack to the משנה: setting a dog on someone
- StatementFor רבי יהודה, the venom is already in the snake's teeth
- ConclusionThe one who presses the fangs is killed, the snake is exempt
- StatementThe חכמים' view: the snake releases its own venom
- ConclusionSo the snake is stoned and the person is exempt
- StatementNew משנה: victim improved, then got worse and died
- Statementברייתא: the פסוק רבי נחמיה expounded