punishable

These are girls to whom the fine is due: If one had intercourse with a mamzeret, a netinah, a Samaritan; Or with a convert, a captive, or a slave-woman, who was redeemed, converted, or freed [when she was] under the age of three years and one day. If one had intercourse with his sister, with the sister of his father, with the sister of his mother, with the sister of his wife, with the wife of his brother, with the wife of the brother of his father, or with a woman during menstruation, he has to pay the fine, [for] although these are punishable through kareth, there is not, with regard to them, a death [penalty inflicted] by the court.

[Cases concerning offenses punishable by] beating [are decided] by three. In the name of Rabbi Yishmael they said twenty-three. The intercalation of the month and intercalation of the year [are decided] by three, according to Rabbi Meir. Rabban Shimon ben Gamaliel says: “The matter is begun by three, discussed by five, and decided upon by seven. But if they decided upon it with three, the intercalation is valid.”

Cases concerning offenses punishable by death [are decided] by twenty three. A beast that has sexual relations with a woman or with a man is [judged] by twenty three, as it says, “You shall execute the woman and the beast” (Lev. 20:16) and it says, “You shall execute the beast”. The ox that is stoned [is judged] by twenty three, as it says, “The ox shall be stoned and also its owner shall be put to death” (Exodus 21:29), as is the death of the owner, so too is the death of the ox. The wolf, the lion, the bear, the leopard, the panther, or serpent [that have killed a human being] their death is [adjudicated] by twenty three. Rabbi Eliezer says: “Anyone who kills them before they come to court merits.” But Rabbi Akiva says: “Their death must be [adjudicated] by twenty three.

For intentional transgressions of the laws of impurity in connection with the temple and holy food, the goat offered inside [the Holy of Holies] on the Day of Atonement together with the Day of Atonement itself bring atonement. For other transgressions of the Torah, light and grave, intentional and unintentional, known and unknown, positive and negative, those punishable by kareth and those punishable by death imposed by the court for all these the scapegoat [sent out on the Day of Atonement] brings atonement.

For intentional transgressions of the laws of impurity in connection with the temple and holy food, the goat offered inside [the Holy of Holies] on the Day of Atonement together with the Day of Atonement itself bring atonement. For other transgressions of the Torah, light and grave, intentional and unintentional, known and unknown, positive and negative, those punishable by kareth and those punishable by death imposed by the court for all these the scapegoat [sent out on the Day of Atonement] brings atonement.

Seven kinds of punishment come to the world for seven categories of transgression: When some of them give tithes, and others do not give tithes, a famine from drought comes some go hungry, and others are satisfied. When they have all decided not to give tithes, a famine from tumult and drought comes; [When they have, in addition, decided] not to set apart the dough-offering, an all-consuming famine comes. Pestilence comes to the world for sins punishable by death according to the Torah, but which have not been referred to the court, and for neglect of the law regarding the fruits of the sabbatical year. The sword comes to the world for the delay of judgment, and for the perversion of judgment, and because of those who teach the Torah not in accordance with the accepted law.

There are in the Torah thirty-six [transgressions which are punishable with] karet: When one has intercourse with his mother, His father's wife; Or his daughter-in-law; When a man has intercourse with a male, Or with a beast, Or when a woman brings a beast upon herself; When one has intercourse with a woman and her daughter; Or with a married woman; Or with his sister; Or with his father's sister; Or his mother's sister; Or his wife's sister; Or his brother's wife; Or the wife of his father's brother; Or with a menstruating woman; One who blasphemes [the Lord]; One who worships idols; Or dedicates his children to Molech; Or has a ba’al ov; Or desecrates the Shabbat; When an unclean person eats of sacred food; Or when one enters the precincts of the Temple in an unclean state; When one eats forbidden fat, Or blood; Notar; Or piggul; When one slaughters Or offers up [a consecrated animal] outside [the Temple]; One who eats anything leavened on Pesah; One who eats Or works on Yom Kippur; One who compounds the oil [of anointing]; Or compounds incense; Or uses [unlawfully] oil of anointing; And [when one transgresses the laws of] the pesah, And circumcision from among positive commandments.

A woman who has had several births. If she miscarried a female within eighty days of the birth of a girl, and then she again miscarried a female within eighty days of the previous [miscarriage]; or if she miscarried twins. Rabbi Judah says: she brings an offering for the first and not for the second, for the third again but not for the fourth. The following persons bring an offering of higher or lesser value: One who hears the voice (see Leviticus 5:1); One who has broken the word of his lips (Leviticus 5:4); One who while unclean has entered the sanctuary or [has partaken] of holy things, A woman after childbirth And a metzora. What is the difference between [intercourse] with a female slave and the other forbidden sexual relations? For they are not equivalent in regard to the punishment nor the sacrifice. In the case of all other forbidden sexual relations a hatat is brought, in that of a female slave an asham; In the case of the other forbidden sexual relations a female animal is brought, in that of the female slave a male; In the case of the other forbidden sexual relations man and woman are alike with respect to lashes and the sacrifice; in that of the female slave the man is unlike the woman regarding the lashes, and the woman is unlike the man regarding the sacrifice. In the case of all other forbidden sexual relations sexual contact is punishable as well as consummation, and one is liable for each act of intercourse separately. For in this the case of the female slave is more stringent in that intentional transgression is of the same status as unwitting transgression.

Rebbi Jeremiah asked: If he bound them by their hair? Where do we hold? In case he bound them together by their hair, should we say that it is forbidden to let one animal ride on another? If he tied them by a rope, we say because they carry the rope between them. Rebbi Jonah said, Rav and Rebbi Joḥanan disagree, Rebbi Joḥanan said, because either one carries the laziness of the other. Rav says, because they carry the rope between them. What is the difference? Both according to Rav as also according to Rebbi Joḥanan, if he bound them by their hair he is not punishable!

If he had passed the age of 50 and did something punishable by extirpation, is he truly very happy? If he had passed the age of 60 and did something punishable by death, can he truly be happy? It was stated: Rebbi Ḥanina ben Antigonos said, if an old man ate fat, who will show us that he is subject to extirpation? As we have stated, or if he desecrated the Sabbath he dies by extirpation. But it must be the following: He who dies in one day dies by rage, in two by urgency, in three by plague. Rebbi Ḥalafta ben Shaul stated: He who dies in one, two, three [days], dies by extirpation. Four or five is a hurried death, six a usual death, seven a death of love, longer he dies in pain.

If he had passed the age of 50 and did something punishable by extirpation, is he truly very happy? If he had passed the age of 60 and did something punishable by death, can he truly be happy? It was stated: Rebbi Ḥanina ben Antigonos said, if an old man ate fat, who will show us that he is subject to extirpation? As we have stated, or if he desecrated the Sabbath he dies by extirpation. But it must be the following: He who dies in one day dies by rage, in two by urgency, in three by plague. Rebbi Ḥalafta ben Shaul stated: He who dies in one, two, three [days], dies by extirpation. Four or five is a hurried death, six a usual death, seven a death of love, longer he dies in pain.

There, we have stated: “He enters his head and he puts on his ear’s cartilage, his hand and he gives on his thumb, his foot,” etc. Rebbi Jehudah’s argument is inverted. There he says, it is forbidden to act craftily, but here he says that it is permitted. There that he should not enter with his head and most of his body and be punishable by extirpation. But here it is because of bringing impure implements on the Sabbath. The argument of the rabbis is inverted. There they say, it is permitted to act craftily, but here they say, it is forbidden to act craftily. There that he should not defile himself three times, but here it is a known impurity inside; it is possible for it to be removed immediately. Without impurity? He told him, it is better to violate a prohibition that was not caused by him than a prohibition which will come before him.

“A person who is half slave and half freedman may not eat of his master’s.” Rebbi Ḥiyya in the name of Rebbi Joḥanan: If a man who is half slave and half freedman preliminarily married a woman, one disregards his preliminary marriage. It is the same for divorce. Samuel says, one takes notice of his divorce. Samuel’s statement parallels Rebbi Jehudah’s, as we have stated, “One who kidnapped a person half slave and half free Rebbi Jehudah declares punishable but the Sages make him not prosecutable.”

HALAKHAH: “On the Day of Atonement eating, drinking, etc., are forbidden.” They are punishable by extirpation and you are saying so? Rebbi Hila said, it was needed for less than the minimal quantities.

Rebbi Matthew ben Ḥarash asked Rebbi Eleazar ben Azariah in the Academy. He said to him, did you hear the four types of Atonement which Rebbi Ismael explained? He answered him, there are three in addition to repentance. One verse says, return, naughty children. But another verse says, for on that day He shall atone for you. And another verse says, I shall visit their crime with the rod, etc. And another verse says, the iniquity of this people shall not be atoned for until you die. How is this? If somebody violates a positive commandment and repents, before he moves from there it will be forgiven to him. About this one it says, return, naughty children. If one transgresses a prohibition and immediately repents, repentance suspends judgment, and the Day of Atonement atones. About this one it says, for on that day, He shall atone for you. If one intentionally transgressed {sins punishable by} extirpations or death penalties, repentance and the Day of Atonement atone half, and sufferings during the other days of the year atone half. About this one it says, I shall visit their crime with the rod, and their iniquities with plagues. But by whom the Name of Heaven was desecrated, there is no power in repentance to suspend judgment, nor in the Day of Atonement to pardon, nor in sufferings to scour; but repentance and the Day of Atonement atone one third, sufferings atone a third, and death scours with sufferings. About this one it says, the iniquity of this people shall not be atoned for until you die. From this we learn that death scours.

Rebbi Yannai said, the words of Rebbi Meïr: Even if one broke its neck he is guilty. Rebbi Jacob bar Aḥa, Rebbi Immi, in the name of Rebbi Simeon ben Laqish: The words of Rebbi Meïr: Even if one broke its neck he is guilty. The words of Rebbi Simeon: Even if he cut its throat, he is not punishable. Rebbi Yannai said, I heard about a boundary, from when it is forbidden: “They shall bring it down,” from the time of bringing down. Rebbi Ila said, to free it from “it and its young” following Rebbi Simeon.

Do not worship them. Should I say, not unless he worshipped every single strange worship in the world? The verse says, do not prostrate yourself before them. Prostration was included; why is it mentioned separately? To tie to it: Prostration is special in that it is the act of a single person and is punishable separately, so I am adding any single act that one is liable for separately. Even though Rebbi Simeon ben Eleazar said, if one sacrificed, and burned incense, and poured a libation in one forgetting he is liable only for one; he agrees that if one worshipped it in its proper worship which is identical with the worship of Heaven like prostrating, he is liable for each single action. As Rebbi Samuel said in the name of Rebbi Zeˋira: They should not continue to offer their sacrifices to spirits. They said to him, turn and refer it to sacrifices.

MISHNAH: Somebody who was found guilty of two death penalties shall be convicted to the more painful one. One who committed one crime punishable by two death penalties shall be convicted to the more painful one. Rebbi Yose says, he shall be convicted for the first connection. If somebody was repeatedly whipped, the court sends him to jail where he is fed barley until his belly bursts. One sends the murderer without witnesses to jail and feeds him scanty bread and sparing water.

Rebbi Matthew ben Ḥarash asked Rebbi Eleazar ben Azariah in the Academy. He told him, did you hear the four types of Atonement which Rebbi Ismael explained? He answered him, there are three in addition to repentance. One verse says, return, naughty children, I shall heal your waywardness. But another verse says, for on that day, He shall pardon you, to cleanse you. And another verse says, I shall visit their crime with the rod, and their iniquity with plagues. And another verse says, the iniquity of this people shall not be atoned for until you die. How is this? If somebody violates a positive commandment and repents, immediately before he moves from there the Holy One, praise to Him, would forgive him. About this one it says, return, naughty children, I shall heal your waywardness. If one transgresses a prohibition, repentance suspends judgment, and the Day of Atonement pardons. About this one it says, for on that day, He shall pardon you, etc. If one intentionally transgressed [sins punishable by] extirpations or death penalties, repentance and the Day of Atonement pardon half, and sufferings pardon half. About this one it says, I shall visit their crime with the rod, etc. But by whom the Name of Heaven was desecrated, there is no power in repentance to suspend judgment, nor in the Day of Atonement to pardon, nor in sufferings to scour; but repentance and the Day of Atonement pardon a third, and suffering a third, and death scours a third. About this one it says, the iniquity of this people shall not be atoned for until you die. From this we learn that death scours.

MISHNAH: But the following are strangled: One who hits his father or his mother, and one who kidnaps a person from Israel, and the Elder who rebels against the Court, and the false prophet, and one who prophesies in the name of foreign worship, and one who copulates with a married woman, and the perjured witness of a Cohen’s daughter and her paramour. One who hits his father or his mother is not punishable unless he inflict a wound on them. The following is more aggravating about one who curses than one who hits, in that one who curses is punishable even after death, but one who hits after death cannot be prosecuted.

MISHNAH: But the following are strangled: One who hits his father or his mother, and one who kidnaps a person from Israel, and the Elder who rebels against the Court, and the false prophet, and one who prophesies in the name of foreign worship, and one who copulates with a married woman, and the perjured witness of a Cohen’s daughter and her paramour. One who hits his father or his mother is not punishable unless he inflict a wound on them. The following is more aggravating about one who curses than one who hits, in that one who curses is punishable even after death, but one who hits after death cannot be prosecuted.

“He is not punishable unless he inflict a wound on them.” What kind of wound? A wound for the laws of the Sabbath, a wound for the law of torts? If you say, as a wound for the laws of the Sabbath, even if he did not cause them to miss anything; if you say, as a wound for the laws of torts, only if he caused them to miss something.

MISHNAH: And one who kidnaps a person from Israel is not punishable unless he bring him into his property. Rebbi Jehudah says, unless he bring him into his property and use him, as it is said, and enslaved him or sold him. One who kidnaps his own son, Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable. One who kidnapped a person half slave and half free Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable.

MISHNAH: And one who kidnaps a person from Israel is not punishable unless he bring him into his property. Rebbi Jehudah says, unless he bring him into his property and use him, as it is said, and enslaved him or sold him. One who kidnaps his own son, Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable. One who kidnapped a person half slave and half free Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable.

MISHNAH: And one who kidnaps a person from Israel is not punishable unless he bring him into his property. Rebbi Jehudah says, unless he bring him into his property and use him, as it is said, and enslaved him or sold him. One who kidnaps his own son, Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable. One who kidnapped a person half slave and half free Rebbi Joḥanan ben Beroqa declares punishable but the Sages make him not prosecutable.

Rebbi Abba, Rebbi Joḥanan in the name of Rebbi Hoshaia: he is punishable only if he steals money. Rebbi Zeˋira in the name of Rebbi Hoshaia: he is punishable only if he shows contempt for money. What means showing contempt for money? Where do we hold? If about him who says, here you have five and give me for three, he is an idiot. Here you have three and give me for five, he is a regular person. But we deal with one who says, here you have five and give me for five.

Rebbi Abba, Rebbi Joḥanan in the name of Rebbi Hoshaia: he is punishable only if he steals money. Rebbi Zeˋira in the name of Rebbi Hoshaia: he is punishable only if he shows contempt for money. What means showing contempt for money? Where do we hold? If about him who says, here you have five and give me for three, he is an idiot. Here you have three and give me for five, he is a regular person. But we deal with one who says, here you have five and give me for five.

MISHNAH: The Elder who rebels against the Court, as it is said: If a law case is too difficult for you, whether blood and blood, or case and case, etc. Three courts were there, one at the entrance of the Temple Mount, one at the entrance of the Temple courtyard, and one in the ashlar hall. They come to the one at the entrance to the Temple Mount and he says, so I argued and so my colleagues argued, so I taught and so my colleague taught. If they had heard it, they tell them; otherwise they come to the one at the entrance of the Temple courtyard and he says, so I argued and so my colleagues argued, so I taught and so my colleagues taught. If they had heard it, they tell them; otherwise these and those come to the Supreme Court in the ashlar hall, for from there instruction goes out to all of Israel as it is said, from that place which the Eternal will choose. If he returned to his town, repeated and taught as was his custom, he cannot be prosecuted. If he instructed to act, he is punishable, as it is said, but the man who would act criminally etc. He is not punishable unless he instruct to act. A student who instructed to act cannot be prosecuted; it turns out that his severity is his leniency.

MISHNAH: The Elder who rebels against the Court, as it is said: If a law case is too difficult for you, whether blood and blood, or case and case, etc. Three courts were there, one at the entrance of the Temple Mount, one at the entrance of the Temple courtyard, and one in the ashlar hall. They come to the one at the entrance to the Temple Mount and he says, so I argued and so my colleagues argued, so I taught and so my colleague taught. If they had heard it, they tell them; otherwise they come to the one at the entrance of the Temple courtyard and he says, so I argued and so my colleagues argued, so I taught and so my colleagues taught. If they had heard it, they tell them; otherwise these and those come to the Supreme Court in the ashlar hall, for from there instruction goes out to all of Israel as it is said, from that place which the Eternal will choose. If he returned to his town, repeated and taught as was his custom, he cannot be prosecuted. If he instructed to act, he is punishable, as it is said, but the man who would act criminally etc. He is not punishable unless he instruct to act. A student who instructed to act cannot be prosecuted; it turns out that his severity is his leniency.

A rebellious Elder who instructed to act and acted is punishable. If he instructed but did not act, he is not prosecutable. If he instructed not for application, he is not prosecutable. If he instructed for application, even if he himself did not act, he is punishable. Rebbi Hila said, Rebbi Ismael stated thus: Who would act, even in he did not act himself. Rav Huna said, if he was instructing for practice and later a case came up, one acts on his instruction. If he taught it on the occasion of a case, one acts on it for others but not for himself.

A rebellious Elder who instructed to act and acted is punishable. If he instructed but did not act, he is not prosecutable. If he instructed not for application, he is not prosecutable. If he instructed for application, even if he himself did not act, he is punishable. Rebbi Hila said, Rebbi Ismael stated thus: Who would act, even in he did not act himself. Rav Huna said, if he was instructing for practice and later a case came up, one acts on his instruction. If he taught it on the occasion of a case, one acts on it for others but not for himself.

MISHNAH: [Denial] about words of the Sopherim is more serious than about words of the Torah. He who says that there are no phylacteries, to transgress the words of the Torah, is not prosecutable. Five compartments to add to the words of the Sopherim is punishable. One executes him not at the court in his town, nor at the court at Jabneh but one transports him to the Supreme Court in Jerusalem, keeps him until a holiday of pilgrimage, and executes him on the holiday as it is said, the entire people shall see and fear, the words of Rebbi Aqiba. Rebbi Jehudah says, one does not procrastinate in his case but executes him immediately, writes, and sends messengers to all places: Mr. A son of Mr. B was found guilty to be executed by the court.

Rebbi Ismael stated: In the Torah there are forbidden matters and permitted matters. There are easy parts and severe parts. But in the words of the Sopherim all are severe. You can realize that this is so since we have stated: “He who says that there are no phylacteries, to transgress the words of the Torah, is not prosecutable. Five compartments to add to the words of the Sopherim is punishable.” Rebbi Ḥinena, the son of Rebbi Ada, in the name of Rebbi Tanḥum bar Ḥiyya: The words of the Sages carry more weight than those of the prophets since it is written, do not preach, they preach. And it is written, I shall preach to you for wine and liquor. The relation of prophet and scholar can be compared to the case of a king who sent two diplomatarii to a province. About one of them it was written, if he does not show you my seal and σημαντήριον, do not believe him. About the other it was written, even if he does not show you my seal and σημαντήριον, believe him. So about a prophet is written, he gives you a sign or miracle. But here it is written, according to the teachings that they will teach you.

The Torah said, four compartments for four paragraphs. If he made five compartments for four paragraphs, he is punishable. Rebbi Abba, Rebbi Joḥanan in the name of Rebbi Hoshaia: He is punishable only if he instructs in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim. Rebbi Zeˋira said, he never is punishable unless he deny and instruct in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim, on condition that he simultaneously deduct in a matter which permits subtraction and addition. The face of Rav Hoshaia lit up. He told him, do I need you that you enjoy it? I do not need you, I am adding to your statement. Thirteen years he went and came before his teacher even though he did not need him. Rebbi Samuel in the name of Rebbi Zeˋura: Was it not enough for him to have paid his respects to his teacher since anybody who pays his respects to his teacher is as if he paid his respects to the Divine Presence. Rebbi Berekhiah objected, did we not state, “the body of baheret is the square area of a split cilician bean”? Rebbi Abba Mari said, one who said it is pure. Rebbi Abba bar Mamal objected, did we not state, “two paragraphs in the mezuzzah”? He told him, phylacteries and mezuzah are the same. Rav Hamnuna objected, was it not stated: The ṣiṣit must be four finger lengths for four threads? He told him, in that he diminished but did not add. Rebbi Ḥaggai objected before Rebbi Yose, was it not stated, one third for the scalded, one third for round cakes, one third for flat cakes. If he used it in thirds, one third for the scalded, one third for round cakes, one third for flat cakes? He told him, he subtracts from the scalded and adds for round cakes and flat cakes.

The Torah said, four compartments for four paragraphs. If he made five compartments for four paragraphs, he is punishable. Rebbi Abba, Rebbi Joḥanan in the name of Rebbi Hoshaia: He is punishable only if he instructs in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim. Rebbi Zeˋira said, he never is punishable unless he deny and instruct in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim, on condition that he simultaneously deduct in a matter which permits subtraction and addition. The face of Rav Hoshaia lit up. He told him, do I need you that you enjoy it? I do not need you, I am adding to your statement. Thirteen years he went and came before his teacher even though he did not need him. Rebbi Samuel in the name of Rebbi Zeˋura: Was it not enough for him to have paid his respects to his teacher since anybody who pays his respects to his teacher is as if he paid his respects to the Divine Presence. Rebbi Berekhiah objected, did we not state, “the body of baheret is the square area of a split cilician bean”? Rebbi Abba Mari said, one who said it is pure. Rebbi Abba bar Mamal objected, did we not state, “two paragraphs in the mezuzzah”? He told him, phylacteries and mezuzah are the same. Rav Hamnuna objected, was it not stated: The ṣiṣit must be four finger lengths for four threads? He told him, in that he diminished but did not add. Rebbi Ḥaggai objected before Rebbi Yose, was it not stated, one third for the scalded, one third for round cakes, one third for flat cakes. If he used it in thirds, one third for the scalded, one third for round cakes, one third for flat cakes? He told him, he subtracts from the scalded and adds for round cakes and flat cakes.

The Torah said, four compartments for four paragraphs. If he made five compartments for four paragraphs, he is punishable. Rebbi Abba, Rebbi Joḥanan in the name of Rebbi Hoshaia: He is punishable only if he instructs in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim. Rebbi Zeˋira said, he never is punishable unless he deny and instruct in a matter whose root is from the Torah but whose explanation is from the words of the Sopherim; for example, the carcass; for example, the crawling animal, whose root is from the words of the Torah but whose explanation is from the words of the Sopherim, on condition that he simultaneously deduct in a matter which permits subtraction and addition. The face of Rav Hoshaia lit up. He told him, do I need you that you enjoy it? I do not need you, I am adding to your statement. Thirteen years he went and came before his teacher even though he did not need him. Rebbi Samuel in the name of Rebbi Zeˋura: Was it not enough for him to have paid his respects to his teacher since anybody who pays his respects to his teacher is as if he paid his respects to the Divine Presence. Rebbi Berekhiah objected, did we not state, “the body of baheret is the square area of a split cilician bean”? Rebbi Abba Mari said, one who said it is pure. Rebbi Abba bar Mamal objected, did we not state, “two paragraphs in the mezuzzah”? He told him, phylacteries and mezuzah are the same. Rav Hamnuna objected, was it not stated: The ṣiṣit must be four finger lengths for four threads? He told him, in that he diminished but did not add. Rebbi Ḥaggai objected before Rebbi Yose, was it not stated, one third for the scalded, one third for round cakes, one third for flat cakes. If he used it in thirds, one third for the scalded, one third for round cakes, one third for flat cakes? He told him, he subtracts from the scalded and adds for round cakes and flat cakes.

Rebbi Matthew ben Ḥarash asked Rebbi Eleazar ben Azariah in the Academy, did you hear the four types of Atonement which Rebbi Ismael explained? He answered him, there are three in addition to repentance. One verse says, return, naughty children, etc. But another verse says, for on that day, He shall pardon you, etc. And another verse says, I shall visit their crime with the rod, etc. And another verse says, the iniquity of this people shall not be atoned for until you die. How is this? If somebody violates a positive commandment and repents, before he moves from there it will be forgiven to him. About this one it says, return, naughty children, etc. If one transgresses a prohibition and immediately repents, repentance suspends judgment, and the Day of Atonement pardons. About this one it says, for onthat day, He shall pardon you. If one intentionally transgressed [sins punishable by] extirpations or death penalties, repentance and the Day of Atonement atone half, and sufferings atone half. About this one it says, I shall visit their crime with the rod, and their iniquities with plagues. But by whom the Name of Heaven was desecrated, there is no power in repentance to suspend judgment, nor in the Day of Atonement to pardon, nor in sufferings to scour; but repentance and the Day of Atonement suspend, and death scours with sufferings. About this one it says, the iniquity of this people shall not be atoned for until you die. From this we learn that death scours.

Rebbi Ismael stated: In the Torah there are forbidden matters and permitted matters. There are easy parts and severe parts. But in the words of the Sopherim all are severe, since we have stated: “He who says that there are no phylacteries, to transgress the words of the Torah, is not prosecutable. Five compartments to add to the words of the Sopherim is punishable.” Rebbi Ḥanina in the name of Rebbi Idi in the name of Rebbi Tanḥum bar Ḥiyya: The words of the Sages carry more weight than those of the prophets since it is written, do not preach, they preach. And it is written,I shall preach to you for wine and liquor. The relation of prophet and scholar can be compared to the case of a king who sent two seals to a province. About one of them he wrote, if he does not show you my seal and σημαντήριον, do not believe him. About the other he wrote, even if he does not show you my seal and σημαντήριον, believe him. So about a prophet is written, he gives you a sign or miracle. But here it is written, according to the teachings that they will teach you.

MISHNAH: They are liable only for something which when intentional is punishable by extirpation and when unintentional by a purification sacrifice. The same applies to the Anointed. Also for idolatry only for something which when intentional is punishable by extirpation and when unintentional by a purification sacrifice.

MISHNAH: They are liable only for something which when intentional is punishable by extirpation and when unintentional by a purification sacrifice. The same applies to the Anointed. Also for idolatry only for something which when intentional is punishable by extirpation and when unintentional by a purification sacrifice.

HALAKHAH: “They are only liable for something which when intentional is punishable by extirpation,” etc. The commandments of the Eternal. I could think that this also includes those who eat abominations and crawling things. It says here from the eyes and it says there from the eyes. Just as from the eyes mentioned there means something which is punished by extirpation in case of intentional sin and needs a purification sacrifice for an inadvertent sin, so from the eyes mentioned here means something which is punished by extirpation in case of intentional sin and needs a purification sacrifice for an inadvertent sin. Or since from the eyes mentioned there means something that can lead to the death penalty, so from the eyes mentioned here should mean something that can lead to the death penalty? Rebbi Yose ben Ḥanina said, from a place where all incest prohibitions were taken as one set [of sins] causing extirpation, the (married woman) [father’s wife] came out to tell you about the bastard. Rebbi said over which, over her. Since over her mentioned there refers to something which is punished by extirpation in case of intentional sin and needs a purification sacrifice for an inadvertent sin, so over which mentioned here means something for which one is punished by extirpation in case of intentional sin and needs a purification sacrifice for an inadvertent sin. Why does Rebbi not infer from from the eyes, from the eyes? [Rebbi Zeˋira said: If Rebbi would infer from from the eyes, from the eyes, then from the eyes mentioned there for the Anointed refers to action in error; also from the eyes mentioned here would have to refer to action in error. Therefore, Rebbi will not infer from from the eyes, from the eyes.] Rebbi Yose said: If Rebbi would infer from from the eyes, from the eyes, then since from the eyes mentioned there means something that can lead to the death penalty, so from the eyes mentioned here means something that can lead to the death penalty. Therefore, Rebbi does not infer from from the eyes, from the eyes. (Does Rebbi not have a book) [Will Rebbi not in the end have] to infer from the eyes, from the eyes? For if it is not so, from where would we have the rules for the individual, the chief, and the Anointed? Not from from the eyes, from the eyes? For if it is not so, from where would we have “unless they ruled to eliminate part and to confirm part”? Not from from the eyes, from the eyes? For if it is not so, from where would we have [the difference between] a ruling of the High Court and a ruling of a lower court? Rebbi Ḥanania said before Rebbi Mana: Would not Rebbi in the end have to infer from from the eyes, from the eyes? He told him, what do you want from Rebbi? Rebbi follows his own opinion, since Rebbi said, the Anointed refers to action in error. Intentional error is only written for the Court. It. It specifies about his sacrifice that for the singular commandment its blood should not be brought into the Sanctuary. Does this follow Rebbi, as Rebbi said, the Anointed refers to action in error; if it would follow the rabbis, there must be an instance of forgetting. (Rav) [Rebbi] Huna said, it was needed for the rabbis. Lest you say, because there is extirpation its blood should be brought into the Sanctuary. Therefore, it was necessary to say it, it specifies his sacrifice that for the singular commandment its blood should not be brought into the Sanctuary.

Judah speaks only there with regard to the eruv of courtyards, which is of rabbinical origin, but here, with regard to the sukkah which is from the Torah, he does not [say so]. ‘Nor does R. Yose hold the opinion of R. Judah,’ for R. Yose speaks only here with regard to the Sukkah which is merely a positive commandment but with regard to Shabbat, which is a prohibition punishable by stoning, he does not say so.

the verse [thereby] makes man and woman equal as regards all punishable acts in the Torah? Abaye answered: Indeed Sukkah is a tradition, but [the midrash] is still necessary, Lest I would have said, since "You shall dwell" implies that you should dwell in the same manner as you ordinarily dwell; just as one's permanent home is for husband and wife, so too the Sukkah must be for husband and wife, therefore he informs us that it is not so.

"Rabbi Yose says: The hater is killed." etc. But they didn't warn him? [In order to be executed in Jewish law, one has to be warned that their action is punishable by death by two witnesses]. Our mishnah is Rabbi Yose bar Yehudah, as it is taught [in a baraita]: Rabbi Yose bar Yehudah says: "A colleague does not need warning because warning was only given to distinguish between accidental and intentional." [And we assume that colleagues know the law and are thus, if sinning, sinning intentionally].

What is the reason of Rebbi Yishmael? The Torah says (Deuteronomy 28, 58), "If you do not guard yourself to perform all of these laws" and (Deuteronomy 28, 59) "And G-d make wondrous (הפלאה) your plagues" I do not know what this word "הפלאה" means. But when the Torah elsewhere says (Deuteronomy 25, 2) "And the judge should cast him down and hit him before his face", then I must say that this word "הפלאה" means malkus. And the Torah said over there (Deuteronomy 28, 58), "If you do not guard yourself to perform all etc.". [showing that all prohibitions are punishable with malkus.]

A baraisa was taught in accordance with [the view of] Reish Lakash, "B'chol kodesh lo sigah" is a scriptural warning for eating [sacrificial foods while one is impure]. You say that it is a warning for eating? Or maybe it's only a warning for touching? The Torah therefore says, "In all sanctity he shall not touch and into the Temple etc." The Torah juxtaposes sacrificial foods with the Temple. Just as the Temple is a thing that involve the loss of life [one who enters while impure is subject to kares], so too the whole [verse] most involve the loss of life. And does touching [sacrificial foods, which is punishable with malkus] involve any loss of life? Rather you must say that the "b'chol kodesh lo sigah" refers to eating [sacrificial foods].

because he had done a lav sh'ein bo maiseh [no action] and any lav sh'ein bo maiseh is not punishable with flogging. Reish Lakash says he is not flogged because it involved only a questionable warning, and a questionable warning does not constitute a valid warning.

GEMARA: Rabbi Yochanon says, Rabbi Chananya ben Gamliel's colleagues disputed what he had said. Rav Adda bar Ahava said in the name of the school of Rav, "We learned in a Mishna, there is no difference between Shabbos and Yom Kippur besides for that one is punishable by man and one is punishable with kares" Now if this is true [that malkus works in place of kares] then both are punishable by man?

GEMARA: Rabbi Yochanon says, Rabbi Chananya ben Gamliel's colleagues disputed what he had said. Rav Adda bar Ahava said in the name of the school of Rav, "We learned in a Mishna, there is no difference between Shabbos and Yom Kippur besides for that one is punishable by man and one is punishable with kares" Now if this is true [that malkus works in place of kares] then both are punishable by man?

GEMARA: Rabbi Yochanon says, Rabbi Chananya ben Gamliel's colleagues disputed what he had said. Rav Adda bar Ahava said in the name of the school of Rav, "We learned in a Mishna, there is no difference between Shabbos and Yom Kippur besides for that one is punishable by man and one is punishable with kares" Now if this is true [that malkus works in place of kares] then both are punishable by man?