Sanhedrin 86b

סנהדרין פ״ו ע״ב

Learn Sanhedrin 86b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 86b in Gemara Clarity

Topic

Whether witnesses who testified about the sale of a kidnapped person (עדי מכירה) are put to death when they are proven to be עדים זוממין, and whether חזקיה holds that a kidnapper who has not yet sold his victim gets מלקות.

Overview

The amud opens by finishing an explanation: in a בן סורר ומורה case, even חזקיה agrees that the later witnesses are executed if proven to be עדים זוממין. The reason is that the first witnesses can say 'we only came to get him lashes.' רב פפא applies the same logic to kidnapping and asks why the sale witnesses are not executed according to חזקיה. The גמרא proves that חזקיה holds a kidnapper who has not yet sold is lashed, so the question stands. רב פפא therefore explains the מחלוקת differently: everyone agrees the sale witnesses are executed, and the argument is only about the kidnapping witnesses. אביי then sums up which בן סורר ומורה cases are agreed and which one is disputed. רב אסי rules that sale witnesses are not executed because the accused can say 'I sold my slave.' The גמרא shows this fits even the רבנן, including a case where the two pairs of witnesses hinted to each other. Finally, a new משנה begins on the זקן ממרא: the three courts, and the rule that an elder is liable only for a practical ruling against the בית דין הגדול. The גמרא then opens a ברייתא on the פסוק, which continues on the next amud.

Opening lines

The steps (27)

1. StatementThe later witnesses did the whole thing
2. ChallengeThen the sale witnesses should also be executed
3. ResolutionMaybe a kidnapper who has not sold gets no lashes
4. RejectionA known dispute about lashes for kidnapping witnesses
5. ProofProof that חזקיה is the one who says they are flogged
6. ProofWhy רבי יוחנן cannot hold they are flogged
7. ResolutionA new explanation: the argument is only about the kidnapping witnesses
8. Statementרבי יוחנן agrees about the first witnesses of a rebellious son
9. Statementאביי's three-part summary of the rebellious son cases
10. StatementFirst case: everyone agrees the first witnesses are not executed
11. StatementSecond agreed case: the last witnesses are executed
12. StatementThe disputed case: one pair saw him steal, another saw him eat
13. Statementרב אסי: witnesses to the sale are not executed
14. Statementרב יוסף: רב אסי follows רבי עקיבא
15. Challengeאביי: רב אסי's reason works even for the רבנן
16. ResolutionEven the רבנן agree, when the kidnapping witnesses did not come
17. ChallengeThen why say something so obvious?
18. ResolutionEven if the kidnapping witnesses came later
19. ChallengeStill, why say it?
20. ResolutionHinting to each other counts for nothing
21. StatementThe משנה of the rebellious elder and the three courts
22. StatementBringing the dispute to the first court
23. StatementThe second court: at the entrance to the Temple courtyard
24. StatementThe final court: the Great Court in the Chamber of Hewn Stone
25. StatementTeaching is exempt, ruling for action makes him liable
26. StatementA student who rules is exempt
27. StatementThe גמרא begins: a ברייתא on "If a matter is too hard for you"