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Tiresias: The Ancient Mediterranean Religions Source Database



8037
Mishnah, Sanhedrin, 4.1


אֶחָד דִּינֵי מָמוֹנוֹת וְאֶחָד דִּינֵי נְפָשׁוֹת, בִּדְרִישָׁה וּבַחֲקִירָה, שֶׁנֶּאֱמַר (ויקרא כד) מִשְׁפַּט אֶחָד יִהְיֶה לָכֶם. מַה בֵּין דִּינֵי מָמוֹנוֹת לְדִינֵי נְפָשׁוֹת. דִּינֵי מָמוֹנוֹת בִּשְׁלֹשָׁה, וְדִינֵי נְפָשׁוֹת בְּעֶשְׂרִים וּשְׁלֹשָׁה. דִּינֵי מָמוֹנוֹת פּוֹתְחִין בֵּין לִזְכוּת בֵּין לְחוֹבָה, וְדִינֵי נְפָשׁוֹת פּוֹתְחִין לִזְכוּת וְאֵין פּוֹתְחִין לְחוֹבָה. דִּינֵי מָמוֹנוֹת מַטִּין עַל פִּי אֶחָד בֵּין לִזְכוּת בֵּין לְחוֹבָה, וְדִינֵי נְפָשׁוֹת מַטִּין עַל פִּי אֶחָד לִזְכוּת וְעַל פִּי שְׁנַיִם לְחוֹבָה. דִּינֵי מָמוֹנוֹת מַחֲזִירִין בֵּין לִזְכוּת בֵּין לְחוֹבָה, דִּינֵי נְפָשׁוֹת מַחֲזִירִין לִזְכוּת וְאֵין מַחֲזִירִין לְחוֹבָה. דִּינֵי מָמוֹנוֹת הַכֹּל מְלַמְּדִין זְכוּת וְחוֹבָה, דִּינֵי נְפָשׁוֹת הַכֹּל מְלַמְּדִין זְכוּת וְאֵין הַכֹּל מְלַמְּדִין חוֹבָה. דִּינֵי מָמוֹנוֹת הַמְלַמֵּד חוֹבָה מְלַמֵּד זְכוּת וְהַמְלַמֵּד זְכוּת מְלַמֵּד חוֹבָה, דִּינֵי נְפָשׁוֹת הַמְלַמֵּד חוֹבָה מְלַמֵּד זְכוּת, אֲבָל הַמְלַמֵּד זְכוּת אֵין יָכוֹל לַחֲזֹר וּלְלַמֵּד חוֹבָה. דִּינֵי מָמוֹנוֹת דָּנִין בַּיּוֹם וְגוֹמְרִין בַּלַּיְלָה, דִּינֵי נְפָשׁוֹת דָּנִין בַּיּוֹם וְגוֹמְרִין בַּיּוֹם. דִּינֵי מָמוֹנוֹת גּוֹמְרִין בּוֹ בַיּוֹם בֵּין לִזְכוּת בֵּין לְחוֹבָה, דִּינֵי נְפָשׁוֹת גּוֹמְרִין בּוֹ בַיּוֹם לִזְכוּת וּבְיוֹם שֶׁלְּאַחֲרָיו לְחוֹבָה, לְפִיכָךְ אֵין דָּנִין לֹא בְעֶרֶב שַׁבָּת וְלֹא בְעֶרֶב יוֹם טוֹב:Both non-capital and capital cases require examination and inquiry [of the witnesses], as it says, “You shall have one manner of law” (Lev. 24:22). How do non-capital cases differ from capital cases? Non-capital cases [are decided] by three and capital cases by twenty three. Non-capital cases may begin either with reasons for acquittal or for conviction; capital cases begin with reasons for acquittal and do not begin with reasons for conviction. In non-capital cases they may reach a verdict of either acquittal or conviction by the decision of a majority of one; in capital cases they may reach an acquittal by the majority of one but a verdict of conviction only by the decision of a majority of two. In non-capital cases they may reverse a verdict either [from conviction] to acquittal or [from acquittal] to conviction; in capital cases they may reverse a verdict [from conviction] to acquittal but not [from acquittal] to conviction. In non-capital cases all may argue either in favor of conviction or of acquittal; in capital cases all may argue in favor of acquittal but not all may argue in favor of conviction. In non-capital cases he that had argued in favor of conviction may afterward argue in favor of acquittal, or he that had argued in favor of acquittal may afterward argue in favor of conviction; in capital cases he that had argued in favor of conviction may afterward argue in favor of acquittal but he that had argued in favor of acquittal cannot afterward argue in favor of conviction. In non-capital cases they hold the trial during the daytime and the verdict may be reached during the night; in capital cases they hold the trial during the daytime and the verdict also must be reached during the daytime. In non-capital cases the verdict, whether of acquittal or of conviction, may be reached the same day; in capital cases a verdict of acquittal may be reached on the same day, but a verdict of conviction not until the following day. Therefore trials may not be held on the eve of a Sabbath or on the eve of a Festival.


Intertexts (texts cited often on the same page as the searched text):

24 results
1. Hebrew Bible, Deuteronomy, 13.7-13.12, 16.18 (9th cent. BCE - 3rd cent. BCE)

13.7. כִּי יְסִיתְךָ אָחִיךָ בֶן־אִמֶּךָ אוֹ־בִנְךָ אוֹ־בִתְּךָ אוֹ אֵשֶׁת חֵיקֶךָ אוֹ רֵעֲךָ אֲשֶׁר כְּנַפְשְׁךָ בַּסֵּתֶר לֵאמֹר נֵלְכָה וְנַעַבְדָה אֱלֹהִים אֲחֵרִים אֲשֶׁר לֹא יָדַעְתָּ אַתָּה וַאֲבֹתֶיךָ׃ 13.8. מֵאֱלֹהֵי הָעַמִּים אֲשֶׁר סְבִיבֹתֵיכֶם הַקְּרֹבִים אֵלֶיךָ אוֹ הָרְחֹקִים מִמֶּךָּ מִקְצֵה הָאָרֶץ וְעַד־קְצֵה הָאָרֶץ׃ 13.9. לֹא־תֹאבֶה לוֹ וְלֹא תִשְׁמַע אֵלָיו וְלֹא־תָחוֹס עֵינְךָ עָלָיו וְלֹא־תַחְמֹל וְלֹא־תְכַסֶּה עָלָיו׃ 13.11. וּסְקַלְתּוֹ בָאֲבָנִים וָמֵת כִּי בִקֵּשׁ לְהַדִּיחֲךָ מֵעַל יְהוָה אֱלֹהֶיךָ הַמּוֹצִיאֲךָ מֵאֶרֶץ מִצְרַיִם מִבֵּית עֲבָדִים׃ 13.12. וְכָל־יִשְׂרָאֵל יִשְׁמְעוּ וְיִרָאוּן וְלֹא־יוֹסִפוּ לַעֲשׂוֹת כַּדָּבָר הָרָע הַזֶּה בְּקִרְבֶּךָ׃ 16.18. שֹׁפְטִים וְשֹׁטְרִים תִּתֶּן־לְךָ בְּכָל־שְׁעָרֶיךָ אֲשֶׁר יְהוָה אֱלֹהֶיךָ נֹתֵן לְךָ לִשְׁבָטֶיךָ וְשָׁפְטוּ אֶת־הָעָם מִשְׁפַּט־צֶדֶק׃ 13.7. If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, that is as thine own soul, entice thee secretly, saying: 'Let us go and serve other gods,' which thou hast not known, thou, nor thy fathers;" 13.8. of the gods of the peoples that are round about you, nigh unto thee, or far off from thee, from the one end of the earth even unto the other end of the earth;" 13.9. thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him;" 13.10. but thou shalt surely kill him; thy hand shall be first upon him to put him to death, and afterwards the hand of all the people." 13.11. And thou shalt stone him with stones, that he die; because he hath sought to draw thee away from the LORD thy God, who brought thee out of the land of Egypt, out of the house of bondage." 13.12. And all Israel shall hear, and fear, and shall do no more any such wickedness as this is in the midst of thee." 16.18. Judges and officers shalt thou make thee in all thy gates, which the LORD thy God giveth thee, tribe by tribe; and they shall judge the people with righteous judgment."
2. Hebrew Bible, Leviticus, 24.22 (9th cent. BCE - 3rd cent. BCE)

24.22. מִשְׁפַּט אֶחָד יִהְיֶה לָכֶם כַּגֵּר כָּאֶזְרָח יִהְיֶה כִּי אֲנִי יְהוָה אֱלֹהֵיכֶם׃ 24.22. Ye shall have one manner of law, as well for the stranger, as for the home-born; for I am the LORD your God.’"
3. Hebrew Bible, Numbers, 4.3, 4.35, 4.39 (9th cent. BCE - 3rd cent. BCE)

4.3. מִבֶּן שְׁלֹשִׁים שָׁנָה וָמַעְלָה וְעַד בֶּן־חֲמִשִּׁים שָׁנָה תִּפְקְדֵם כָּל־הַבָּא לַצָּבָא לַעֲבֹד אֶת־עֲבֹדַת אֹהֶל מוֹעֵד׃ 4.3. מִבֶּן שְׁלֹשִׁים שָׁנָה וָמַעְלָה וְעַד בֶּן־חֲמִשִּׁים שָׁנָה כָּל־בָּא לַצָּבָא לַעֲשׂוֹת מְלָאכָה בְּאֹהֶל מוֹעֵד׃ 4.35. מִבֶּן שְׁלֹשִׁים שָׁנָה וָמַעְלָה וְעַד בֶּן־חֲמִשִּׁים שָׁנָה כָּל־הַבָּא לַצָּבָא לַעֲבֹדָה בְּאֹהֶל מוֹעֵד׃ 4.39. מִבֶּן שְׁלֹשִׁים שָׁנָה וָמַעְלָה וְעַד בֶּן־חֲמִשִּׁים שָׁנָה כָּל־הַבָּא לַצָּבָא לַעֲבֹדָה בְּאֹהֶל מוֹעֵד׃ 4.3. from thirty years old and upward even until fifty years old, all that enter upon the service, to do work in the tent of meeting." 4.35. from thirty years old and upward even unto fifty years old, every one that entered upon the service, for service in the tent of meeting." 4.39. from thirty years old and upward even unto fifty years old, every one that entered upon the service, for service in the tent of meeting,"
4. Hebrew Bible, 2 Kings, 22.3 (8th cent. BCE - 5th cent. BCE)

22.3. וַיְהִי בִּשְׁמֹנֶה עֶשְׂרֵה שָׁנָה לַמֶּלֶךְ יֹאשִׁיָּהוּ שָׁלַח הַמֶּלֶךְ אֶת־שָׁפָן בֶּן־אֲצַלְיָהוּ בֶן־מְשֻׁלָּם הַסֹּפֵר בֵּית יְהוָה לֵאמֹר׃ 22.3. And it came to pass in the eighteenth year of king Josiah, that the king sent Shaphan the son of Azaliah, the son of Meshullam, the scribe, to the house of the LORD, saying."
5. Dead Sea Scrolls, Community Rule, 1.24 (2nd cent. BCE - 1st cent. CE)

6. Philo of Alexandria, On The Migration of Abraham, 16 (1st cent. BCE - 1st cent. CE)

16. But there are some persons who have made a treaty with the body to last till the day of their death, and who have buried themselves in it as in a chest or coffin or whatever else you like to call it, of whom all the parts which are devoted to the slavery of the body and of the passions are consigned to oblivion and buried. But if anything well affected towards virtue has shot up by the side of it, that is preserved in the recollection, by means of which good things are naturally destined to be kept alive. IV.
7. Philo of Alexandria, On The Life of Moses, 2.193-2.194, 2.202, 2.205, 2.211-2.212, 2.215-2.217, 2.232 (1st cent. BCE - 1st cent. CE)

2.193. A certain man, illegitimately born of two unequal parents, namely, an Egyptian father and a Jewish mother, and who disregarded the national and hereditary customs which he had learnt from her, as it is reported, inclined to the Egyptian impiety, being seized with admiration for the ungodly practices of the men of that nation; 2.194. for the Egyptians, almost alone of all men, set up the earth as a rival of the heaven considering the former as entitled to honours equal with those of the gods, and giving the latter no especial honour, just as if it were proper to pay respect to the extremities of a country rather than to the king's palace. For in the world the heaven is the most holy temple, and the further extremity is the earth; though this too is in itself worthy of being regarded with honour; but if it is brought into comparison with the air, is as far inferior to it as light is to darkness, or night to day, or corruption to immortality, or a mortal to God. 2.202. And God commanded him to be stoned, considering, as I imagine, the punishment of stoning to be a suitable and appropriate one for a man who had a stony and hardened heart, and wishing at the same time that all his fellow countrymen should have a share in inflicting punishment on him, as he knew that they were very indigt and eager to slay him; and the only punishment which so many myriads of men could possibly join in was that which was inflicted by throwing stones. 2.205. But, as it seems, he is not now speaking of that God who was the first being who had any existence, and the Father of the universe, but of those who are accounted gods in the different cities; and they are falsely called gods, being only made by the arts of painters and sculptors, for the whole inhabited world is full of statues and images, and erections of that kind, of whom it is necessary however to abstain from speaking ill, in order that no one of the disciples of Moses may ever become accustomed at all to treat the appellation of God with disrespect; for that name is always most deserving to obtain the victory, and is especially worthy of love. 2.211. For this reason the all-great Moses thought fit that all who were enrolled in his sacred polity should follow the laws of nature and meet in a solemn assembly, passing the time in cheerful joy and relaxation, abstaining from all work, and from all arts which have a tendency to the production of anything; and from all business which is connected with the seeking of the means of living, and that they should keep a complete truce, abstaining from all laborious and fatiguing thought and care, and devoting their leisure, not as some persons scoffingly assert, to sports, or exhibitions of actors and dancers, for the sake of which those who run madly after theatrical amusements suffer disasters and even encounter miserable deaths, and for the sake of these the most domit and influential of the outward senses, sight and hearing, make the soul, which should be the heavenly nature, the slave of these senses. 2.212. But, giving up their time wholly to the study of philosophy, not of that sort of philosophy which wordcatchers and sophists, seek to reduce to a system, selling doctrines and reasonings as they would any other vendible thing in the market. Men who (O you earth and sun! 2.215. for it was invariably the custom, as it was desirable on other days also, but especially on the seventh day, as I have already explained, to discuss matters of philosophy; the ruler of the people beginning the explanation, and teaching the multitude what they ought to do and to say, and the populace listening so as to improve in virtue, and being made better both in their moral character and in their conduct through life; 2.216. in accordance with which custom, even to this day, the Jews hold philosophical discussions on the seventh day, disputing about their national philosophy, and devoting that day to the knowledge and consideration of the subjects of natural philosophy; for as for their houses of prayer in the different cities, what are they, but schools of wisdom, and courage, and temperance, and justice, and piety, and holiness, and every virtue, by which human and divine things are appreciated, and placed upon a proper footing? 2.217. On this day, then, the man who had done this deed of impiety was led away to prison; and Moses being at a loss what ought to be done to the man (for he knew that he had committed a crime worthy of death, but did not know what was the most suitable manner for the punishment to be inflicted upon him 2.232. Also, let the same regulations be observed with respect to those who are hindered, not by mourning, but by a distant journey, from offering up their sacrifice in common with and at the same time with the whole nation. "For those who are travelling in a foreign land, or dwelling in some other country, do no wrong, so as to deserve to be deprived of equal honour with the rest, especially since one country will not contain the entire nation by reason of its great numbers, but has sent out colonies in every direction.
8. Philo of Alexandria, That Every Good Person Is Free, 90-91, 89 (1st cent. BCE - 1st cent. CE)

89. And a proof of this is that, though at different times a great number of chiefs of every variety of disposition and character, have occupied their country, some of whom have endeavoured to surpass even ferocious wild beasts in cruelty, leaving no sort of inhumanity unpractised, and have never ceased to murder their subjects in whole troops, and have even torn them to pieces while living, like cooks cutting them limb from limb, till they themselves, being overtaken by the vengeance of divine justice, have at last experienced the same miseries in their turn:
9. Josephus Flavius, Jewish Antiquities, 18.17, 20.200 (1st cent. CE - 1st cent. CE)

18.17. but this doctrine is received but by a few, yet by those still of the greatest dignity. But they are able to do almost nothing of themselves; for when they become magistrates, as they are unwillingly and by force sometimes obliged to be, they addict themselves to the notions of the Pharisees, because the multitude would not otherwise bear them. 18.17. for he did not admit ambassadors quickly, and no successors were despatched away to governors or procurators of the provinces that had been formerly sent, unless they were dead; whence it was that he was so negligent in hearing the causes of prisoners;
10. Josephus Flavius, Jewish War, 2.145 (1st cent. CE - 1st cent. CE)

2.145. 9. But in the judgments they exercise they are most accurate and just, nor do they pass sentence by the votes of a court that is fewer than a hundred. And as to what is once determined by that number, it is unalterable. What they most of all honor, after God himself, is the name of their legislator [Moses], whom, if anyone blaspheme, he is punished capitally.
11. Mishnah, Horayot, 1.4 (1st cent. CE - 3rd cent. CE)

1.4. If the court ruled and one of them knew that they had erred and said to the others, “You are making a mistake”, or if the mufla of the court was not there, or if one of them was a proselyte or a mamzer or a nathin or an elder who did not have children, they are exempt, for it says here (Lev 4:13) “congregation” and it says later on (Num 35:24) “congregation”; just as the “congregation” further on must be fit to issue rulings, so too the “congregation” mentioned here must be fit to issue rulingsIf the court issued a [wrong] decision unwittingly and all the people acted unwittingly, they bring a bull. [If the court ruled wrong] intentionally and [the people] acted unwillingly, they bring a lamb or a goat. [If the court ruled] unwittingly and [the people] acted willingly accordingly, they are exempt."
12. Mishnah, Sanhedrin, 1.6, 4.2-4.3, 5.1, 5.4 (1st cent. CE - 3rd cent. CE)

1.6. The greater Sanhedrin was made up of seventy one and the little Sanhedrin of twenty three.From where do we learn that the greater Sanhedrin should be made up of seventy one? As it says, “Gather unto me seventy men of the elders of Israel” (Num. 11:16), and when Moses is added to them there is seventy one. Rabbi Judah says: “Seventy.” From where do we learn that the little Sanhedrin should be made up of twenty three? As it says, “The assembly shall judge”, “The assembly shall deliver” (Num. 35:24-25), an assembly that judges and an assembly that delivers, thus we have twenty. And from where do we know that an assembly has ten? As it says, “How long shall I bear this evil congregation?” (Num. 14:27) [which refers to the twelve spies] but Joshua and Caleb were not included. And from where do we learn that we should bring three others [to the twenty]? By inference from what it says, “You shall not follow after the many to do evil” (Ex. 23:2), I conclude that I must be with them to do well. Then why does it say, “[To follow] after the many to change judgment” (Ex. 23:2). [It means that] your verdict of condemnation should not be like your verdict of acquittal, for your verdict of acquittal is reached by the decision of a majority of one, but your verdict of condemnation must be reached by the decision of a majority of two. The court must not be divisible equally, therefore they add to them one more; thus they are twenty three. And how many should there be in a city that it may be fit to have a Sanhedrin? A hundred and twenty. Rabbi Nehemiah says: “Two hundred and thirty, so that [the Sanhedrin of twenty three] should correspond with them that are chiefs of [at least] groups of ten." 4.2. In non-capital cases and those concerning uncleanness and cleanness [the judges declare their opinion] beginning from the eldest, but in capital cases they begin from [them that sit at] the side. All are qualified to try non-capital cases, but not all are qualified to try capital cases, only priests, levites and Israelites that may give [their daughters] in marriage to priests." 4.3. The Sanhedrin was arranged like the half of a round threshing-floor so that they all might see one another. Before them stood the two scribes of the judges, one to the right and one to the left, and they wrote down the words of them that favored acquittal and the words of them that favored conviction. Rabbi Judah says: “There were three: one wrote down the words of them that favored acquittal, and one wrote down the words of them that favored conviction, and the third wrote down the words of both them that favored acquittal and them that favored conviction." 5.1. They used to examine witnesses with seven inquiries: In what week of years? In what year? In what month? On what date in the month? On what day? In what hour? In what place? Rabbi Yose says: [They only asked:] On what day? In what hour? In what place? [Moreover they asked:] Do you recognize him? Did you warn him? If one had committed idolatry [they asked the witnesses:] What did he worship and how did he worship it?" 5.4. They afterward bring in the second witness and examine him. If their words were found to agree together they begin [to examine the evidence] in favor of acquittal. If one of the witnesses said, “I have something to argue in favor of his acquittal”, or if one of the disciples said, “I have something to argue in favor of his conviction”, they silence him. If one of the disciples said, “I have something to argue in favor of his acquittal”, they bring him up and set him among them and he does not come down from there all day. If there is anything of substance in his words they listen to him. Even if the accused said, “I have something to argue in favor of my acquittal”, they listen to him, provided that there is substance to his words."
13. Mishnah, Yoma, 1.3, 1.5 (1st cent. CE - 3rd cent. CE)

1.3. They delivered to him elders from the elders of the court and they read before him [throughout the seven days] from the order of the day. And they say to him, “Sir, high priest, you read it yourself with your own mouth, lest you have forgotten or lest you have never learned.” On the eve of Yom HaKippurim in the morning they place him at the eastern gate and pass before him oxen, rams and sheep, so that he may recognize and become familiar with the service." 1.5. The elders of the court handed him over to the elders of the priesthood and they took him up to the upper chamber of the house of Avtinas. They adjured him and then left. And they said to him [when leaving]: “Sir, high priest, we are messengers of the court and you are our messenger and the messenger of the court. We adjure you by the one that caused His name dwell in this house that you do not change anything of what we said to you.” He turned aside and wept and they turned aside and wept."
14. New Testament, Acts, 4.5, 6.12, 22.30, 26.10 (1st cent. CE - 2nd cent. CE)

4.5. It happened in the morning, that their rulers, elders, and scribes were gathered together in Jerusalem. 6.12. They stirred up the people, the elders, and the scribes, and came on him and seized him, and brought him in to the council 22.30. But on the next day, desiring to know the truth about why he was accused by the Jews, he freed him from the bonds, and commanded the chief priests and all the council to come together, and brought Paul down and set him before them. 26.10. This I also did in Jerusalem. I both shut up many of the saints in prisons, having received authority from the chief priests, and when they were put to death I gave my vote against them.
15. New Testament, Luke, 22.66 (1st cent. CE - 1st cent. CE)

22.66. As soon as it was day, the assembly of the elders of the people was gathered together, both chief priests and scribes, and they led him away into their council, saying
16. New Testament, Mark, 2.18-2.20, 14.53 (1st cent. CE - 1st cent. CE)

2.18. John's disciples and the Pharisees were fasting, and they came and asked him, "Why do John's disciples and the disciples of the Pharisees fast, but your disciples don't fast? 2.19. Jesus said to them, "Can the groomsmen fast while the bridegroom is with them? As long as they have the bridegroom with them, they can't fast. 2.20. But the days will come when the bridegroom will be taken away from them, and then will they fast in that day. 14.53. They led Jesus away to the high priest. All the chief priests, the elders, and the scribes came together with him.
17. New Testament, Matthew, 15.3, 23.2-23.3 (1st cent. CE - 1st cent. CE)

15.3. He answered them, "Why do you also disobey the commandment of God because of your tradition? 23.2. saying, "The scribes and the Pharisees sat on Moses' seat. 23.3. All things therefore whatever they tell you to observe, observe and do, but don't do their works; for they say, and don't do.
18. Tosefta, Sanhedrin, 4.1, 4.7 (1st cent. CE - 2nd cent. CE)

19. Tosefta, Yevamot, 8.1 (1st cent. CE - 2nd cent. CE)

20. Anon., Genesis Rabba, 39.14 (2nd cent. CE - 5th cent. CE)

39.14. וְאֶת הַנֶּפֶשׁ אֲשֶׁר עָשׂוּ בְחָרָן (בראשית יב, ה), אָמַר רַבִּי אֶלְעָזָר בַּר זִמְרָא אִם מִתְכַּנְסִין כָּל בָּאֵי הָעוֹלָם לִבְרֹא אֲפִלּוּ יַתּוּשׁ אֶחָד אֵינָן יְכוֹלִין לִזְרֹק בּוֹ נְשָׁמָה, וְאַתְּ אָמַר וְאֶת הַנֶּפֶשׁ אֲשֶׁר עָשׂוּ, אֶלָּא אֵלּוּ הַגֵּרִים שֶׁגִּיְּרוּ, וְאִם כֵּן שֶׁגִּיְּרוּ לָמָּה אֲשֶׁר עָשׂוּ, אֶלָּא לְלַמֶּדְךָ שֶׁכָּל מִי שֶׁהוּא מְקָרֵב אֶת הָעוֹבֵד כּוֹכָבִים וּמְגַיְּרוֹ כְּאִלּוּ בְּרָאוֹ. וְיֹאמַר אֲשֶׁר עָשָׂה, לָמָּה נֶאֱמַר אֲשֶׁר עָשׂוּ, אָמַר רַב הוּנָא אַבְרָהָם הָיָה מְגַיֵּר אֶת הָאֲנָשִׁים וְשָׂרָה מְגַיֶּרֶת אֶת הַנָּשִׁים. 39.14. “And the souls that they had made in Haran.” Said Rabbi Elazar ben Zimra: Even if every creature on earth conspired to create (out of nothing) even one mosquito, they could not give it a soul--and you say “the souls that they had made.” Therefore (they must be) they must be those who lived with them and converted. And it it meant “converted” why did it say “made?” In order to teach you that each one who brings an idol worshipper and converts him, it is as though he created him. And why did it say “that they made” rather than “that he made?” Said Rav Huna: Abraham would convert the men, and Sarah would convert the women. "
21. Anon., Sifre Deuteronomy, 157, 351, 144 (2nd cent. CE - 4th cent. CE)

22. Anon., Sifre Numbers, 115 (2nd cent. CE - 4th cent. CE)

23. Babylonian Talmud, Sanhedrin, None (3rd cent. CE - 6th cent. CE)

29a. קרובים ונתרחקו הוו אתו לקמיה לדינא אמר להו פסילנא לכו לדינא,אמרו ליה מאי דעתיך כר' יהודה אנן מייתינן איגרתא ממערבא דאין הלכה כרבי יהודה,אמר להו אטו בקבא דקירא אידבקנא בכו דלא קאמינא פסילנא לכו לדינא אלא משום דלא צייתיתו דינא:,אוהב זה שושבינו וכו':,וכמה אמר ר' אבא אמר רבי ירמיה אמר רב כל שבעת ימי המשתה ורבנן משמיה דרבא אמרי אפילו מיום ראשון ואילך:,השונא כל שלא דבר כו': ת"ר (במדבר לה, כג) והוא לא אויב לו יעידנו (במדבר לה, כג) ולא מבקש רעתו ידיננו,אשכחן שונא אוהב מנלן,קרי ביה הכי והוא לא אויב לו ולא אוהב לו יעידנו ולא מבקש רעתו ולא טובתו ידיננו,מידי אוהב כתיב אלא סברא הוא אויב מאי טעמא משום דמרחקא דעתיה אוהב נמי מקרבא דעתיה,ורבנן האי לא אויב לו ולא מבקש רעתו מאי דרשי ביה,חד לדיין,אידך כדתניא אמר רבי יוסי ברבי יהודה והוא לא אויב לו ולא מבקש רעתו מכאן לשני תלמידי חכמים ששונאין זה את זה שאין יושבין בדין כאחד:, big strongמתני׳ /strong /big כיצד בודקים את העדים היו מכניסין אותן לחדר ומאיימין עליהן ומוציאין את כל האדם לחוץ ומשיירין את הגדול שבהן,ואומרים לו אמור היאך אתה יודע שזה חייב לזה אם אמר הוא אמר לי שאני חייב לו איש פלוני אמר לי שהוא חייב לו לא אמר כלום עד שיאמר בפנינו הודה לו שהוא חייב לו מאתים זוז,ואחר כך מכניסין את השני ובודקין אותו אם נמצאו דבריהן מכוונין נושאין ונותנין בדבר,שנים אומרים זכאי ואחד אומר חייב זכאי שנים אומרים חייב ואחד אומר זכאי חייב אחד אומר חייב ואחד אומר זכאי אפילו שנים מזכין או שנים מחייבין ואחד אומר איני יודע יוסיפו הדיינין,גמרו את הדבר היו מכניסין אותן הגדול שבדיינין אומר איש פלוני אתה זכאי איש פלוני אתה חייב,ומניין לכשיצא לא יאמר אני מזכה וחביריי מחייבים אבל מה אעשה שחביריי רבו עלי על זה נאמר ((ויקרא יט, טז) לא תלך רכיל בעמך ואומר) (משלי יא, יג) הולך רכיל מגלה סוד:, big strongגמ׳ /strong /big היכי אמרי' להו אמר רב יהודה הכי אמרינן להו (משלי כה, יד) נשיאים ורוח וגשם אין איש מתהלל במתת שקר,אמר (ליה) רבא יכלי למימר שב שני הוה כפנא ואבבא אומנא לא חליף,אלא אמר רבא אמרינן להו (משלי כה, יח) מפץ וחרב וחץ שנון איש עונה ברעהו עד שקר,אמר (ליה) רב אשי יכלי למימר שב שני הוה מותנא ואיניש בלא שניה לא שכיב,אלא אמר רב אשי אמר לי נתן בר מר זוטרא אמרינן להו סהדי שקרי אאוגרייהו זילי דכתיב (מלכים א כא, י) והושיבו שנים אנשים בני בליעל נגדו ויעידוהו לאמר ברכת אלהים ומלך:,אם אמר הוא אמר לי כו' עד שיאמרו בפנינו הודה לו שהוא חייב לו מאתים זוז:,מסייע ליה לרב יהודה דאמר רב יהודה אמר רב צריך שיאמר אתם עדיי,איתמר נמי א"ר חייא בר אבא א"ר יוחנן (מנה לי בידך אמר לו הן למחר אמר לו תנהו לי אמר) משטה אני בך פטור,תניא נמי הכי מנה לי בידך אמר לו הן למחר אמר לו תנהו לי אמר לו משטה אני בך פטור,ולא עוד אלא אפילו הכמין לו עדים אחורי גדר ואמר לו מנה לי בידך אמר לו הן רצונך שתודה בפני פלוני ופלוני אמר לו מתיירא אני שמא תכפיני לדין למחר אמר לו תניהו לי אמר לו משטה אני בך פטור,ואין טוענין למסית,מסית מאן דכר שמיה חסורי מיחסרא והכי קתני אם לא טען אין טוענין לו ובדיני נפשות אע"ג דלא טען טוענין לו ואין טוענין למסית,מאי שנא מסית אמר ר' חמא בר חנינא מפירקיה דרבי חייא בר אבא שמיע לי שאני מסית דרחמנא אמר (דברים יג, ט) לא תחמול ולא תכסה עליו,אמר רבי שמואל בר נחמן אמר רבי יונתן מניין שאין טוענין למסית מנחש הקדמוני דא"ר שמלאי הרבה טענות היה לו לנחש לטעון ולא טען ומפני מה לא טען לו הקב"ה לפי שלא טען הוא,מאי הוה ליה למימר דברי הרב ודברי תלמיד דברי מי שומעין דברי הרב שומעין,אמר חזקיה מניין שכל המוסיף גורע שנאמר (בראשית ג, ג) אמר אלהים לא תאכלו ממנו ולא תגעו בו,רב משרשיא אמר מהכא (שמות כה, י) אמתים וחצי ארכו,רב אשי אמר (שמות כו, ז) עשתי עשרה יריעות,אמר אביי לא שנו אלא דאמר משטה אני בך אבל אמר 29a. bwere relativesof his band became not relatedto him, as Mar Ukva’s wife, who was their sister, died. bThey came before him for judgment.Mar Ukva bsaid to them: I am disqualified from adjudicating for you. /b, bThey said toMar Ukva: bWhat is your opinionaccording to which you disqualify yourself? Do you rule bin accordance withthe opinion of bRabbi Yehuda,that since you have children we are still relatives? bWe shall bring a letter from the West,Eretz Yisrael, bthatthe ihalakha /iis bnot in accordance withthe opinion of bRabbi Yehuda. /b,Mar Ukva bsaid to them: Is that to saythat bI am stuck to you with a ikavof wax [ ikira /i]?I agree bthatwe are not considered relatives; bI am saying that I am disqualified from adjudicating for you only because you will not obey the verdict,and I do not wish to participate in such judgment.,§ The mishna teaches that according to Rabbi Yehuda, one who loves or one who hates one of the litigants is disqualified from bearing witness. One who blovesone of the litigants; bthisis referring to bhis groomsman. /b,The Gemara asks: bAndfor bhow longis the groomsman disqualified? bRabbi Abba saysthat bRabbi Yirmeya saysthat bRav says:Throughout ball of the seven days of feasting. And the Rabbis say in the name of Rava: Even from the first dayafter the wedding band onwardhe is no longer disqualified; he is disqualified only on the wedding day itself.,§ The mishna teaches: bOne who hatesthe litigant is referring to banyonewho, out of enmity, bdid not speakwith the litigant for three days. bThe Sages taughtin a ibaraita /i: This ihalakhais derived from the verse: “And he was not his enemy, neither sought his harm” (Numbers 35:23), that one about whom it can be stated: b“And he was not his enemy,” can testify about him.And one who b“neither sought his harm” can judge him. /b,The Gemara asks: bWe founda source for the disqualification of one who bhates; from where do wederive that one who blovesis disqualified?,The Gemara answers that one should bread intothe verse blike this:One about whom it can be stated: bAnd he who was not his enemy nor one who loves him, can testify about him;and one who bneither sought his harm nor his favor can judge him. /b,The Gemara asks: bIs: One who loves, writtenin the verse? How can the verse be read in this manner? bRather,the extension of the disqualification to one who loves him as well bisbased on blogical reasoning: What is the reason an enemyis disqualified from bearing witness? It is bbecause he feels a sense of aversiontoward that individual and might testify falsely against him. A similar logic can be employed with regard to one who bloves, as well: He feels a sense of affinitytoward that individual, and might testify falsely on his behalf.,The Gemara asks: bAnd what do the Rabbis,who do not agree with Rabbi Yehuda, bderive from thisverse: b“And he was not his enemy, neither sought his harm”? /b,The Gemara answers: bOnepart of the verse is necessary bforthe ihalakhathat ba judgewho loves or hates one of the litigants is disqualified. The Rabbis agree with this ihalakha /i, as such a judge is naturally inclined to favor one of the litigants., bThe otherpart of the verse is interpreted bin accordance with that which is taughtin a ibaraita /i: bRabbi Yosei, son of Rabbi Yehuda, says:With regard to the verse b“And he was not his enemy, neither sought his harm,”it is derived bfrom here that two Torah scholars who hate each other cannot sit in judgmenttogether bas one.Because of their hatred they will come to contradict each other’s rulings unjustly., strongMISHNA: /strong bHow dothe judges bexamine the witnesses? They bring them into a roomin the courthouse band intimidate themso that they will speak only the truth. bAnd they take all the people,other than the judges, boutsideso that they should not tell the other witnesses the questions the judges ask and the answers the first witness gives, band they leaveonly bthe eldest ofthe witnesses to testify first., bAnd they say to him: Say howexactly byou know that thislitigant bowes money to thatlitigant, as the plaintiff claims. bIf he said:The defendant bsaid to me:It is true bthat I owethe plaintiff, or if he says: bSo-and-so said to me thatthe defendant bowesthe plaintiff, the witness bhas said nothingand his testimony is disregarded. It is not valid testimony bunless he says:The defendant badmitted in our presence tothe plaintiff bthat he owes him,e.g., btwo hundred dinars.By admitting to the debt in the presence of witnesses he renders himself liable to pay the amount that he mentioned., bAnd afterward they bring in the secondwitness band examine himin the same manner. bIf their statements are found to be congruentthe judges then bdiscuss the matter. /b,If the opinions of the judges are divided, as btwojudges bsaythat the defendant is bexemptfrom payment band one sayshe is bliableto pay, he is bexempt.If btwo sayhe is bliable and one sayshe is bexempt,he is bliable.If bone sayshe is bliable and one sayshe is bexempt,or bevenif btwoof the judges bdeemhim bexempt or twoof them bdeemhim bliable, andthe other bone says: I do not know,the court bmust addmore bjudgesand then rule in accordance with the majority opinion. This is because the one who abstains is considered as though he is not a member of the court.,After the judges bfinish the matterand reach a decision, bthey bring inthe litigants. bThe greatest of the judges says: So-and-so, you are exemptfrom paying; or: bSo-and-so, you are liableto pay., bAnd from whereis it derived that bwhenthe judge bleavesthe courtroom bhe may not say: I deemedyou bexempt and my colleagues deemedyou bliable, but what can I do, as my colleagues outnumbered meand consequently you were deemed liable? bAbout this it is stated: “You shall not go as a talebearer among your people”(Leviticus 19:16), band it says: “One who goes about as a talebearer reveals secrets,but one who is of a faithful spirit conceals a matter” (Proverbs 11:13)., strongGEMARA: /strong The mishna teaches that the judges intimidate the witnesses. The Gemara asks: bWhat do we say to them? Rav Yehuda saysthat bthisis what bwe say to them:It is stated: b“As clouds and wind without rain, so is he who boasts himself of a false gift”(Proverbs 25:14). In other words, there will be no rain and no blessing from your deeds if you lie., bRava said to him:If so, false witnesses bcan sayto themselves that they do not have to worry about this punishment, according to the folk saying: bSeven years there was a famine, but over the craftsman’s door it did not pass.If the witnesses are not farmers, they do not need to worry over lack of rain. Consequently, they will disregard this concern., bRather, Rava saidthat bwe saythis verse bto them: “As a hammer, and a sword, and a sharp arrow, so is a man who bears false witness against his neighbor”(Proverbs 25:18), meaning that a false witness will die prematurely., bRav Ashi said to him:Here too, false witnesses bcan sayto themselves a folk saying: bSeven years there was a pestilence, but a manwho has bnotreached bhis years did not die;everyone dies at his predestined time. Therefore, they will disregard this concern as well.,The Gemara presents another suggestion: bRather, Rav Ashi said: Natan bar Mar Zutra said to methat bwe say to themthat bfalse witnesses are belittledeven bby those who hire them,and all the more so by others; bas it is writtenthat Jezebel said when she ordered witnesses to be hired to testify against Naboth: b“And set two men, base fellows, before him, and let them bear witness against him, saying: You cursed God and the king”(I Kings 21:10). Even Jezebel, who gave the orders to hire them, called them “base fellows.”,§ The mishna teaches that bifthe witness bsaid:The defendant bsaid to me:It is true that I owe him, his testimony is disregarded bunless he says:The defendant badmitted in our presence tothe plaintiff bthat he owes him two hundred dinars. /b,The Gemara comments: bThis supportsthe opinion of bRav Yehuda, as Rav Yehuda saysthat bRav says:The debtor bneeds to sayto the witnesses to the loan or in his admission that he owes the creditor: bYou are my witnesses.Otherwise, their testimony is not valid., bIt was also statedthat bRabbi Ḥiyya bar Abba saysthat bRabbi Yoḥa says:If one said to another: bIhave bone hundred dinars in your possession,i.e., you owe me one hundred dinars, and the other bsaid to him: Yes,and bthe next daythe claimant bsaid to him: Give it to me,if the other then bsaidto him: bI was teasing you,i.e., I did not mean it seriously when I said that I owed it to you, the respondent is bexempt. /b, bThis is also taughtin a ibaraita /i: If one said to another: bIhave bone hundred dinars in your possession,and the other bsaid to him: Yes,and bthe next daythe claimant bsaid to him: Give it to me,if the other then bsaid to him: I was teasing you,the respondent is bexempt. /b, bAnd moreover,the respondent is exempt bevenin a case where the claimant bhid witnesses forthe respondent bbehind a fenceso that the respondent would not see them, band said to him: Ihave bone hundred dinars in your possession,and the respondent bsaid to him: Yes,and the claimant then said to him: bDo you wish to admitthe debt bin the presence of so-and-so and so-and-so?And the respondent bsaid to him: I am afraidto do so, blest you compel me togo to bjudgment,where, based on their testimony, you will be given the right to forcibly take the money from me whenever you want. But between you and me, I admit that I owe you. And bthe next daythe claimant bsaid to him: Give methe one hundred dinars that you admitted to owing me, and the respondent bsaid to him: I was teasing you.The respondent is bexemptbecause he can claim that he stated his admission only to appease the claimant temporarily, and did not mean to actually admit to owing the money, as he did not know that there were witnesses present., bButthe judges bdo not advance a claim on behalf of an inciter,i.e., one who is accused of inciting others to idol worship.,The Gemara asks: bAn inciter? Who mentioned anything about it?This matter was not discussed in the ibaraita /i. The Gemara answers: The ibaraita bis incomplete, and this is what it is teaching: Ifthe defendant bdid not advance a claimthat he was teasing the plaintiff, the judges bdo not advancethis bclaim for him.Apparently, he stated his admission seriously. bBut incases of bcapital law, even ifthe defendant bdid not advanceany bclaimon his own behalf, the judges badvance a claim on his behalf. Butthe judges bdo not advance claims on behalf of an inciter. /b,The Gemara asks: bWhat is differentabout ban inciter,that the court does not seek to deem him innocent? bRabbi Ḥama bar Ḥanina says: I heard at the lecture of Rabbi Ḥiyya bar Abbathat ban inciter is different, as the Merciful One statesconcerning him: b“Neither shall you spare, neither shall you conceal him”(Deuteronomy 13:9). In this unique case, the court is not required to try to deem him innocent., bRabbi Shmuel bar Naḥman saysthat bRabbi Yonatan says: From whereis it derived bthatthe judges bdo not advance a claim on behalf of an inciter?It is derived bfromthe incident of bthe primordial snakewho tempted Eve; he was the first inciter. bAs Rabbi Simlai says: The snake could have advanced many claimson its own behalf, bbut it did not claimthem. bAnd for whatreason bdid the Holy One, Blessed be He, not advancethese bclaims for it,deeming the snake exempt from punishment? bBecausethe snake bdid not advancethese bclaims itself. /b,The Gemara asks: bWhat could he have said?The Gemara answers: The snake could have said that it is not to blame, as when there is a contradiction between bthe statement of the teacher and the statement of the student, whose statement should one listen to? One should listen to the statement of the teacher.Since God instructed Adam and Eve not to eat from the fruit of the Tree of Knowledge, Adam and Eve should have heeded God’s words and not those of the snake., bḤizkiyya says: From whereis it derived bthat anyone who adds, subtracts?It is derived from a verse, bas it is statedthat Eve said: b“God has said: You shall not eat of it, neither shall you touch it”(Genesis 3:3), whereas God had actually rendered prohibited only eating from the tree but not touching it, as it is stated: “But of the Tree of Knowledge of good and evil, you shall not eat of it” (Genesis 2:17). Because Eve added that there was a prohibition against touching the tree, the snake showed her that touching it does not cause her to die, and she consequently sinned by eating from it as well., bRav Mesharshiyya saysthat the idea that one who adds, subtracts can also be proven bfrom here: “Two cubits [ iamatayim /i] and a half shall be its length”(Exodus 25:10). Without the letter ialefat the beginning of the word iamatayim /i, it would be read imatayim /i, which would mean two hundred cubits. The addition of the ialeftherefore reduces this term to only two cubits., bRav Ashi saysanother example: In the verse: b“Eleven [ iashtei esrei /i] curtains”(Exodus 26:7), without the letter iayinat the beginning of the phrase it would read ishtei esrei /i, twelve. Therefore, the additional letter iayinreduces the amount from twelve to eleven., bAbaye says:With regard to the case of one who denies a debt to which he admitted in the presence of hidden witnesses, the Sages btaughtthat he is exempt bonlyin a case bwhere he says: I was teasing you. Butif bhe says: /b
24. Babylonian Talmud, Yevamot, None (3rd cent. CE - 6th cent. CE)

46b. בטבל ולא מל כולי עלמא לא פליגי דמהני כי פליגי במל ולא טבל רבי אליעזר יליף מאבות ורבי יהושע באבות נמי טבילה הוה,מנא ליה אילימא מדכתיב (שמות יט, י) לך אל העם וקדשתם היום ומחר וכבסו שמלותם ומה במקום שאין טעון כבוס טעון טבילה מקום שטעון כבוס אינו דין שטעון טבילה,ודלמא נקיות בעלמא,אלא מהכא (שמות כד, ח) ויקח משה את הדם ויזרוק על העם וגמירי דאין הזאה בלא טבילה,ורבי יהושע טבילה באמהות מנלן סברא הוא דאם כן במה נכנסו תחת כנפי השכינה,א"ר חייא בר אבא א"ר יוחנן לעולם אינו גר עד שימול ויטבול פשיטא יחיד ורבים הלכה כרבים,מאן חכמים רבי יוסי,דתניא הרי שבא ואמר מלתי ולא טבלתי מטבילין אותו ומה בכך דברי ר' יהודה רבי יוסי אומר אין מטבילין,לפיכך מטבילין גר בשבת דברי ר' יהודה ור' יוסי אומר אין מטבילין,אמר מר לפיכך מטבילין גר בשבת פשיטא כיון דא"ר יהודה בחדא סגיא היכא דמל לפנינו מטבילין מאי לפיכך,מהו דתימא לרבי יהודה טבילה עיקר וטבילה בשבת לא דקא מתקן גברא קמ"ל דר' יהודה או הא או הא בעי,ר' יוסי אומר אין מטבילין פשיטא דכיון דאמר רבי יוסי תרתי בעינן תקוני גברא בשבת לא מתקנינן,מהו דתימא לר' יוסי מילה עיקר והתם הוא דלא הואי מילה בפנינו אבל היכא דהויא מילה בפנינו אימא ליטבל זה בשבתא קמ"ל דרבי יוסי תרתי בעי,אמר רבה עובדא הוה בי רבי חייא בר רבי ורב יוסף מתני רבי אושעיא בר רבי ורב ספרא מתני ר' אושעיא בר' חייא דאתא לקמיה גר שמל ולא טבל א"ל שהי כאן עד למחר ונטבלינך,ש"מ תלת ש"מ גר צריך שלשה וש"מ אינו גר עד שימול ויטבול וש"מ אין מטבילין גר בלילה ונימא ש"מ נמי בעינן מומחין דלמא דאיקלעו,אמר רבי חייא בר אבא אמר רבי יוחנן גר צריך ג' משפט כתיב ביה,ת"ר מי שבא ואמר גר אני יכול נקבלנו ת"ל אתך במוחזק לך בא ועדיו עמו מנין ת"ל (ויקרא יט, לג) וכי יגור אתך גר בארצכם 46b. bWith regard to one who immersed but was not circumcised, everyone,i.e., both Rabbi Yehoshua and Rabbi Eliezer, bagrees thatthe ihalakhais derived from the foremothers that immersion alone bis effective. Where they disagreeis bwith regard to one who was circumcised but had not immersed; Rabbi Eliezer derivesthat it is effective bfrom the forefathers, and Rabbi Yehoshuadisagrees because he maintains that binthe conversion of the bforefathers there was also an immersion. /b,The Gemara asks: bFrom where did hederive this? bIf we saythat he derived it bfromthe fact bthat it is writtenthat in preparation for the revelation at Sinai, God commanded Moses: b“Go unto the people and sanctify them today and tomorrow, and let them wash their garments”(Exodus 19:10), as Rabbi Yehoshua understands that the washing mentioned in this verse is the ritual immersion of clothes, this leads to the following ia fortioriinference: bJust as in a case whereone became impure through contact with some source of impurity, bwashing,i.e., immersion, of clothes bis not requiredbut bimmersionof one’s body bis required,then bin a case where washingof clothes bis required,as in the preparation for the revelation at Sinai, bisn’t it logical that immersionof one’s body bshouldalso bbe required? /b,The Gemara rejects the proof: bBut perhapswhen the verse states that they had to wash their clothes, it was bmerely for cleanlinessand not for the sake of ritual purity. If so, no ia fortioriinference can be drawn from it to the case of immersion for ritual purity., bRather,Rabbi Yehoshua derived it bfrom here,where the verse states with regard to the formation of the covet at Sinai: b“And Moses took the blood and sprinkled it upon the people”(Exodus 24:8), band it is learnedas a tradition bthat there is noritual bsprinkling without immersion.Therefore, our forefathers also must have immersed at Sinai, and consequently that is also an essential requirement for all conversions.,The Gemara asks: bAndwith regard to the opinion of bRabbi Yehoshua, from where do wederive that also binthe case of our bforemothersthere was bimmersion?The Gemara answers: bIt isbased on blogical reasoning, as, if so,that they did not immerse, then bwith what were they brought under the wings of the Divine Presence?Therefore, they also must have immersed., bRabbi Ḥiyya bar Abba saidthat bRabbi Yoḥa said:A man is bneverconsidered ba convert until he isboth bcircumcised and has immersed.The Gemara asks: bIsn’tthis bobvious?In all disputes between ban individualSage band manySages the ihalakhais in accordance withthe opinion of bthe manySages; it is therefore obvious that the ihalakhais in accordance with the Rabbis.,The Gemara explains: bWho are the Rabbisreferred to in the ibaraita /i? It is bRabbi Yosei.Since Rabbi Yosei is merely an individual Sage, it was necessarily for Rabbi Yoḥa to state explicitly that the ihalakhais ruled in accordance with his opinion.,Rabbi Yosei’s opinion is bas it is taughtin a ibaraita /i: With regard to a convert bwho came and said: I was circumcisedfor the sake of conversion bbut I did not immerse,the court bshould immerse him,as bwhatwould be the problem bwith that;this is bthe statement of Rabbi Yehuda.Since in any case the court immerses him, Rabbi Yehuda does not require proof of the convert’s claim that he was circumcised for the sake of conversion because he holds that it is sufficient to be either circumcised or immersed for the sake of conversion. bRabbi Yosei says:The court bdoes not immersehim. He holds that both circumcision and immersion must be performed specifically for the sake of conversion and are indispensable parts of the conversion process. Therefore, since it is impossible to verify the convert’s claim with regard to his circumcision, there is no benefit to having him immerse.,The ibaraitastates a ramification of their dispute: bTherefore,the court bmay immerse a convertwho was already circumcised bon Shabbat;this is bthe statement of Rabbi Yehuda.Since he holds that circumcision alone effected conversion, the immersion will not effect any further change in his status, and so it is permitted on Shabbat. bAnd Rabbi Yosei says:The court bmay not immersehim. Since he holds that both circumcision and immersion are necessary to effect a conversion, the immersion will effect a change in his status by making him Jewish. Therefore it is prohibited to do so on Shabbat by rabbinic decree, because it appears similar to preparing a vessel for use.,The Gemara analyzes the latter clause: bThe Master saidin the ibaraita /i: bTherefore,the court bmay immerse a convertwho was already circumcised bon Shabbat.The Gemara asks: bIsn’tthis an bobviousextension of his opinion; bsince Rabbi Yehuda said thateither boneof circumcision or immersion bis sufficient, wherea convert bwas circumcised in our presencethe court may certainly bimmersehim, even on Shabbat. bWhat,then, is the need for the ibaraitato include the clause that begins with: bTherefore? /b,The Gemara explains: It is necessary to explicitly teach this ramification blest you saythat baccording to Rabbi Yehuda the immersion isin fact bthe principalact that effects conversion, and when he said in the first clause that a convert who claims to have been circumcised should be immersed since there is no problem with that, his reasoning was that he holds it is only immersion that effects the conversion. bAndtherefore performing the bimmersion on Shabbatwould bnotbe permitted, bas it establishes the personwith a new status and so would be prohibited by a rabbinic decree because it appears similar to preparing a vessel for use. The latter clause is therefore necessary to bteach us that Rabbi Yehuda requires either this or that,i.e., either immersion or circumcision alone is sufficient to effect a conversion.,The Gemara analyzes the next statement in the ibaraita /i: bRabbi Yosei says:The court bmay not immersehim. The Gemara asks: bIsn’tthis an bobviousextension of his opinion? bAs, since Rabbi Yosei requires twoacts, both circumcision and immersion, to effect conversion, bwe maycertainly bnot establishthat bpersonwith a new status bon Shabbatby completing his conversion by immersing him.,The Gemara explains: It is necessary to explicitly teach this ramification blest you saythat baccording to Rabbi Yosei circumcision isin fact bthe principalact that effects conversion, bandit is only bthere,in the first clause of the ibaraita /i, bwhere the circumcision was not performed in our presenceand so there is no way to verify whether it was done for the sake of conversion, that Rabbi Yosei states that the court should not proceed to immerse him; bhowever, where the circumcision was performed in our presence,one might bsaythat the conversion was already effected by the circumcision, and therefore blet us immerse thisconvert bon Shabbat.The latter clause is therefore necessary to bteach us that Rabbi Yosei requires twoacts, both circumcision and immersion, to effect conversion., bRabba said: There was an incident in the house of Rabbi Ḥiyya bar Rabbi, andas bRav Yosef teachesit, bRabbi Oshaya bar Rabbiwas also present, bandas bRav Safra teachesit, a third Sage, bRabbi Oshaya, son of Rabbi Ḥiyya,was also present, in bwhich a convert came before him who was circumcised but had not immersed. He said tothe convert: bRemain herewith us buntil tomorrow, andthen bwe will immerse you. /b,Rabba said: bLearn fromthis incident bthreeprinciples: bLearn from itthat ba convert requiresa court of bthreepeople to preside over the conversion, as Rav Safra taught that the case involved three Sages. bAnd learn from itthat bone is notconsidered to be ba convert until he has beenboth bcircumcised and immersed. And learn from itthat the court bmay not immerse a convert at night,as they instructed him to remain there until the following day. The Gemara suggests: bAnd let us saythat one should balso learn from itthat bwe requirea court of bexpertsto preside over the conversion, as Rav Safra identified that three expert Sages were present. The Gemara rejects this: bPerhaps theysimply bhappened to bethere, but in fact three laymen would suffice., bRabbi Ḥiyya bar Abba saidthat bRabbi Yoḥa said: A convert requiresa court of bthreeto preside over conversion, because b“judgment,” is written with regard to him,as the verse states: “And one judgment shall be both for you and for the convert that sojourns with you” (Numbers 15:16), and legal judgments require a court of three judges., bThe Sages taughtin a ibaraita /i: With regard to bsomeone who came and said: I am a convert,one bmighthave thought that bwe should accept him;therefore, bthe verse states:“And if a convert sojourns bwith youin your land, you shall not oppress him” (Leviticus 19:33). The emphasis on “with you” suggests that only someone who was already bpresumed by youto be a valid convert should be accepted as a convert. If bhe came andbrought bwitnessesto his conversion bwith him, from whereis it derived that he is to be accepted? It is from bthebeginning of that bverse,which bstates: “And if a convert sojourns with you in your land.” /b


Subjects of this text:

subject book bibliographic info
a convert requires three (statement) Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282
alon, gedalyahu Flatto, The Crown and the Courts (2021) 151
amorarim, palestinian Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 283
arguments to acquit Rosen-Zvi, The Mishnaic Sotah Ritual: Temple, Gender and Midrash (2012) 59
artisans Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
bar kokhba Fonrobert and Jaffee, The Cambridge Companion to the Talmud and Rabbinic Literature Cambridge Companions to Religion (2007) 141
basins Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
bathhouse activities in Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
berkowitz, beth Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 238
circumcision, with immersion Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 283
cities, administration/councils, magistrates Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
construction Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
conversion, mini-tractate on (bt yevamot, annotated texts Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282, 283
conversion court, conversion at night and Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282, 283
conversion procedure, shift towards institutionalization of Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282, 283
courts, tannaitic Schiffman, Testimony and the Penal Code (1983) 48
discourse distance Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
domain Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
dunn, james d.g. Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
edessa Butts and Gross, Jews and Syriac Christians: Intersections across the First Millennium. (2010) 100
elder Schiffman, Testimony and the Penal Code (1983) 48
essenes, as separate school of legal interpretation Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
families Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
frame, semantic frame Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
frame Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
garnsey, peter Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
governing voice, bavli Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282
hebrew, biblical Schiffman, Testimony and the Penal Code (1983) 48
hellenistic greek Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
hiyya bar abba Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282
hoshaya Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282
isaac ben nahman Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282
jesus of nazareth, association with the essenes Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
jesus of nazareth, challenge to pharisee authority Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
jesus of nazareth Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
jewish society, society Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
john the baptist, pharisee relationship of Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
josephus essenes, legal system Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
judges Schiffman, Testimony and the Penal Code (1983) 48
judicial administration, criticism of alternative models Flatto, The Crown and the Courts (2021) 151
judicial administration, responses to priestly justice Flatto, The Crown and the Courts (2021) 151
kings Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
kinnuy Rosen-Zvi, The Mishnaic Sotah Ritual: Temple, Gender and Midrash (2012) 59
knowledge Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
lawyers and legal system, adversarial and inquisitorial courts Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 230, 238
lawyers and legal system, capital cases Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 230, 238
lawyers and legal system, monetary cases Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 230, 238
lawyers and legal system, rabbinic court system Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 230, 238
lawyers and legal system, roman court system Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 238
lawyers and legal system, summary of rhetoric in Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 238
lawyers and legal system Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 230, 238
levites' "267.0_48.0@midrash tadshe', organization" Schiffman, Testimony and the Penal Code (1983) 48
luke, gospel of, pharisees in Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
mandel, paul Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 230
mareotis, lake, mark, gospel of Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
mark, arrest of jesus Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
mark, jesus before sanhedrin Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
mark, trial of jesus Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
mark, witnesses against jesus Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
mark Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
massage, in baths Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
matthew, gospel of, jesus defiance of pharisee law in Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
mediterranean, eastern Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
metaphor, conceptual Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
mixed (and separate) bathing for men and women Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
mustering Schiffman, Testimony and the Penal Code (1983) 48
new testament, missing essenes in Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
new testament, pharisees and legal authority in Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
officers, military Schiffman, Testimony and the Penal Code (1983) 48
palaestra Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
paul, st. Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
paul Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
peter Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
pharisees, and josephus Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
pharisees, and the challenge by jesus Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
philos essenes, and mosaic law Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
philos essenes, as autonomous in law Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
pilate, pontius Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
plato, on law Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 230
plato, on truth and rhetoric Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 238
pools Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
priestly justice, appropriating clear-cut responsibilities of Flatto, The Crown and the Courts (2021) 151
priestly justice, incorporating into a broader judicial framework Flatto, The Crown and the Courts (2021) 151
priestly justice, opposition to Flatto, The Crown and the Courts (2021) 151
priestly justice, responses to Flatto, The Crown and the Courts (2021) 151
provosts Schiffman, Testimony and the Penal Code (1983) 48
rabbi ismael, priestly justice Flatto, The Crown and the Courts (2021) 151
rabbi yehudah ha-nasi Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 283
rabbinic halakhah Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
rabbinic literature Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
rava Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282
reptile purity argument Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 230
roman civilization, empire and emperors Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
roman empire, judicial procedure Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
sadducees Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
safra Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282
saldarini, anthony j. Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
saller, richard Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
sanhedrin, powers Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
sanhedrin Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
sarah Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 283
sauna Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
schema, image schema Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
shabbat Butts and Gross, Jews and Syriac Christians: Intersections across the First Millennium. (2010) 100
social hierarchy Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
society, children Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
society, peasants Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
society, slaves Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
society Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
splendor and beauty, as social arena Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
sports and exercise Eliav, A Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean (2023) 202
st. stephen Bickerman and Tropper, Studies in Jewish and Christian History (2007) 730
talmud bavli, different layers of the Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 283
talmud yerushalmi Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282, 283
tannaim, tannaitic law, judaism, period Schiffman, Testimony and the Penal Code (1983) 48
tannaim Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 283
tannaitic literature alternative juridical models, criticism of alternative models Flatto, The Crown and the Courts (2021) 151
tannaitic literature alternative juridical models, juridical models in Flatto, The Crown and the Courts (2021) 151
taylor, j. e. Taylor, The Essenes, the Scrolls, and the Dead Sea (2012) 114
truth (אלטיכסייה, ἀλήθεια)' Hidary, Rabbis and Classical Rhetoric: Sophistic Education and Oratory in the Talmud and Midrash (2017) 238
twelftree, graham h. Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
wansink, craig s. Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
war scroll Schiffman, Testimony and the Penal Code (1983) 48
watson, duane f. Ross and Runge, Postclassical Greek Prepositions and Conceptual Metaphor: Cognitive Semantic Analysis and Biblical Interpretation (2022) 227
yehoshua ben levi Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282, 283
yohanan Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282
yosi Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282
yudan nasia Lavee, The Rabbinic Conversion of Judaism The Unique Perspective of the Bavli on Conversion and the Construction of Jewish Identity (2017) 282