Sanhedrin 79b
סנהדרין ע״ט ע״ב
Learn Sanhedrin 79b step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Sanhedrin 79b in Gemara Clarity
Topic
Killing the wrong person according to דבי חזקיה, and a new משנה on convicts who got mixed up: who goes free, who gets which death, and who the 'others' are.
Overview
The amud opens at the end of רבי's proof that someone who aimed at one person and killed another pays money. רבא then shows from a ברייתא of דבי חזקיה, comparing killing an animal to killing a person, that this killer is neither executed nor made to pay. That view disagrees with both רבי and רבנן. A new משנה follows. If a murderer gets mixed in with others, all go free, but רבי יהודה says they are locked in the כיפה. If people sentenced to different deaths get mixed up, all receive the lightest one. רבי שמעון and חכמים argue whether שריפה or סקילה is harsher, and whether חנק or סייף is harsher, each bringing proofs. The גמרא then asks who the 'others' in the משנה are, since they cannot be innocent people. שמואל says they are sentenced murderers mixed with one whose verdict is not finished. ריש לקיש says the argument is really about oxen. רבא begins a third answer, which continues on the next amud.
Opening lines
נְתִינָה לְמַעְלָה:
'Giving' is stated above:
מָה לְהַלָּן מָמוֹן,
just as there it means money,
אַף כָּאן מָמוֹן.
so too here it means money.
אָמַר רָבָא:
Rava said:
The steps (20)
- StatementFinishing רבי's proof that 'a life for a life' means money
- Statementרבא: דבי חזקיה disagree with both sides
- ProofThe teaching comparing killing an animal to killing a person
- QuestionWhat does 'with no intent' mean?
- RejectionIt can't mean no intent at all
- ResponseIt means aiming at one person and killing another
- ProofIf he were executed, why say he doesn't pay?
- Conclusionדבי חזקיה hold he is neither executed nor made to pay
- StatementA murderer mixed in with other people
- StatementMixed-up death penalties get the lighter death
- StatementStoning mixed with burning: which is lighter?
- Proofרבי שמעון's proof from a כהן's daughter
- Proofחכמים's counter-proof from the blasphemer and idol worshipper
- StatementSword and strangling mixed together
- QuestionWho are the 'others' the murderer got mixed with?
- ResponseAll of them are murderers, but one has no final verdict yet
- ResponseWhy חכמים exempt them all and why רבי יהודה locks them up
- Responseריש לקיש: The argument is about oxen, not people
- ResponseWhy חכמים exempt the oxen and רבי יהודה locks them up
- Statementרבא begins a new statement