Gemara Clarity

Sanhedrin 9a

סנהדרין ט׳ ע״א

Learn Sanhedrin 9a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 9a in Gemara Clarity

Topic

How many judges are needed for the case of מוציא שם רע, and two ways to explain the argument between רבי מאיר (three judges) and the חכמים (twenty-three judges)

Overview

The משנה records an argument about a husband who slanders his wife (מוציא שם רע). רבי מאיר says three judges hear the case, and the חכמים say twenty-three. The גמרא finishes its first explanation: the witnesses warned her only about מלקות, not death. So the argument is really the known dispute between the רבנן (lashes need three judges) and רבי ישמעאל (lashes need twenty-three). רבינא then gives a different explanation: one of the husband's witnesses turned out to be a relative or פסול. To explain this, the גמרא quotes רבי עקיבא, who says the Torah mentions a 'third witness' so that he is treated just like the other two. From this רבי עקיבא learns that a helper in a מצוה is surely rewarded like the doer. He also learns that one bad witness cancels the testimony of the whole group, even a hundred. Finally, רבי יוסי limits that rule to capital cases. רבי says it applies to both kinds of cases, but only when the disqualified witnesses joined in the warning, and his statement continues on the next amud.

Opening lines

דְּאַתְרוֹ בַּיהּ מַלְקוֹת,

where they warned her about lashes,

וְלָא אַתְרוֹ בַּיהּ קַטְלָא.

but did not warn her about death.

וְקָמִיפַּלְגִי בִּפְלוּגְתָּא

And they argue along the lines of the dispute

דְּרַבִּי יִשְׁמָעֵאל וְרַבָּנַן,

between רבי ישמעאל and the Rabbis,

The steps (8)

  1. ResolutionThe case: warned about lashes, not about death
  2. ResolutionThe argument is really about how many judges give lashes
  3. Resolutionרבינא: one of the witnesses was a relative or disqualified
  4. Proofרבי עקיבא: the third witness is treated like the other two
  5. StatementIf a helper in sin is punished, a helper in a מצוה is surely rewarded
  6. StatementOne bad witness cancels the whole group, even a hundred
  7. Statementרבי יוסי limits the rule to capital cases
  8. Statementרבי says the rule applies in both kinds of cases, but only when they warned