Yerushalmi Sotah 9:1 ירושלמי סוטה ט׳:א׳

MISHNAH: [The portion of] the calf whose neck was broken¹To atone for an unsolved murder; cf. Chapter 7:2, Note 36., in the holy language. For it is said²Deut. 21:1.: “If a murder victim be found on the land, etc. ³Deut. 21:2. Then your Elders and judges should go out.” Three from the High Court in Jerusalem had to go out⁴In Mishnah Sanhedrin 1:3 and Sifry Deut, 205, this opinion is ascribed to R. Simeon.. Rebbi Jehudah says five, since it is written “your Elders”, two, “and your judges”, two⁵Since a plural means at least two, an unspecified plural always means 2. (Cf. H. Guggenheimer, Logical Problems in Jewish Tradition, in: Confrontations with Judaism, P. Longworth, ed., London 1966; pp. 174–175).. Since no court may have an even number of members⁶So that an immediate verdict can be rendered in all cases that come before the court., one adds another one.

HALAKHAH: “The calf whose neck was broken,” etc. It is reasonable only from “they begin and say”¹⁰This refers to the discussion which shows that the Levites and the Elders have to recite the verses as written, Chapter 7:2, Notes 43 ff.. He starts from the beginning of the paragraph¹¹The Tanna of the Mishnah quotes from v. 1 when the recitation starts only at v. 9, to explain that the rules of the ceremony have to be deduced from the earlier verses.. “If there be found,²Deut. 21:1.” not in a time when they are frequent¹²Cf. Mishnah 9. The same statement in Sifry Deut. 205.. “If there be found,” not that you have to search¹³If the body of a missing person is found after a search, this does not qualify for the ceremony.. “If there be found,” finding anywhere is only by witnesses¹⁴The High Court in Jerusalem will be involved only if two witnesses of good character testify that the corpse was found.. “It is not known who killed him”, therefore if it was known, even by a male or female slave, one did not break the neck¹⁵To avoid the ceremony, even a single witness of questionable character is sufficient whose testimony could not lead to a conviction.. There, you say, if it was known, even by a male or female slave, one did not break the neck, and here, you say so? One for the killer, one for the victim¹⁶As explained before, to aid the hunt for the killer, one witness is enough. To involve the High Court for the victim, two witnesses are needed.. ¹⁷This and the next paragraph are also in Roš Haššanah 3:1 (58c 1. 73), partially in Sanhedrin 1:2 (18c 1. 17). And that which you say that if it was known, even by a male or female slave, one did not break the neck, [is it only] if they say that if we see him we will be able to identify him. Even those who say, if we see him we will not be able to identify him, one did not break the neck since it is written: “Our eyes did not see.” But somebody did see!

If the court saw the killer. Some Tannaïm state, two of them should stand up and testify before them. There are Tannaïm who state that they all should go and testify at another place¹⁸The Babli, Roš Haššanah 25b, Baba qama 90b, makes it clear that a judge who is an accidental witness is by that fact disqualified as judge in the case. There, the baraitot are interpreted to mean that R. Ṭarphon holds that a judge can appear as witness before his colleagues, but R. Aqiba states that a judge as witness has to appear before a different court.. Rebbi Jehudah ben Pazi in the name of Rebbi Ze‘ira: As they differ here, so they differ about testimony for the New Moon¹⁹And in effect in all court proceedings based on biblical standards. The Babli, Ketubot 21b, relaxes these standards in rabbinic cases involving money; accepting that a judge from his own knowledge may recognize a signature on a contract..

Rebbi Jehudah bar Pazi in the name of Rebbi Ze‘ira: “A slain one”, not one in convulsions; “a slain one”, not one in death-throes²⁴These are tannaïtic statements in the Babli, 45b, and Sifry Deut. 205.. If one saw him in convulsions and after some time he came back and did not find him, I say that a miracle occurred and he survived. If one saw him in death-throes here and then found him at another place, one measures from the place where he was found. “Which the Eternal, your God, is giving to you,” this excludes places outside the Land. “To inherit it,” this excludes Jerusalem²⁵The same argument in the Babli, 45b, where however one accepts the possibility of an opposing opinion. For the details of the argument for the exclusion of Jerusalem from the rules of inheritance, cf. Orlah 1:2, Note 64. which belongs to all tribes, and following Rebbi Ismael. For Rebbi Ismael said, any “comings” which were said in the Torah mean after fourteen years, seven during which they conquered and seven during which they distributed²⁶Cf. Chapter 7, Note 80; in detail Orlah 1:2, Note 56 and the sources mentioned there; Babli Qiddušin 37a–38a; Seder ‘Olam Chapter 11.. Rebbi Phineas ben Rebbi Abun said, we may say that all these fourteen years they were not breaking the neck, for it is written “if there be found,²Deut. 21:1.” not in a time when they are frequent¹²Cf. Mishnah 9. The same statement in Sifry Deut. 205.. And all these fourteen years they were frequent²³From the Genizah ms. In the Leiden ms. and editio princeps: נֹאמַר כָּל־אוֹתָן אַרְבַּע עֶשְׂרֶה שָׁנָה מְצוּייָנִים הָיוּ “we may say, all these fourteen years they were identified” (the case simply never happened). There are no conclusive arguments for or against either reading..

It was stated: How is it done? The emissaries of the court²⁸The local court which has to conduct the burial of persons without local relatives. come out, collect all his signs and bury him. They put up a marker on his grave so that the court who come from the stone hall²⁹The place of residence of the High Court in Jerusalem. may measure.

³⁰This and the following two paragraphs are also in Ma‘aser Šeni 5:1, explained there in Notes 14–25; Šeqalim1:1, fol. 46a; Mo‘ed Qaṭan 1:1, fol. 80b/c. Similar arguments, in the name of different authorities, in Babli Mo‘ed Qaṭan 5a. From where about marks? Rebbi Berekhiah, Rebbi Jacob the son of the daughter of Jacob, in the name of Rebbi Onias from Hauran. Rebbi Yose said it in the name of Rebbi Jacob bar Aḥa in the name of Rebbi Onias from Hauran. Rebbi Ḥizqiah, Rebbi Uziel the son of Rebbi Onias from Hauran in the name of Rebbi Onias from Hauran (Lev. 13:45): “impure, impure, he shall call out;” the impurity itself has to call out and say to you: go away! Rebbi Hila in the name of Rebbi Samuel bar Naḥman (Ez. 39:15): “The emissaries shall crisscross the land; if one sees a bone”, from here that one makes markers for bones. A human, from here that one makes markers for spine and skull. He builds, from here that one makes markers on fixed stones. If you say on loose stones, it would move and make other places impure. Near it, on a place of purity. A marker, from here the marks.

³¹Tosephta Šeqalim 1:5. The Tosephta follows the other Yerushalmi sources which read “pure” in the first sentence, against the mss. here and the Babli, Moëd Qaṭan 6a, which read “impure”. If one found a single marked stone, even though one should not keep it so, if somebody forms a tent over it he is impure; I say a compressed corpse was under it. If there were two, he who forms a tent over any one of them is pure; between them he is impure. If between them was a ploughed strip they are single stones, between them the area is pure and around them impure.

It was stated³¹Tosephta Šeqalim 1:5. The Tosephta follows the other Yerushalmi sources which read “pure” in the first sentence, against the mss. here and the Babli, Moëd Qaṭan 6a, which read “impure”.: One does not mark flesh, for perhaps it will decompose. Rebbi Justus bar Shunem asked before Rebbi Mana: Will that not cause pure foods to be retroactively made impure? He said to him, it is better that these should become unusable for a limited time than that [the earth] become unusable forever.

³⁴The parallel text is in Sanhedrin1:3. There³⁵Mishnah Sanhedrin 1:3., we have stated: The leaning of the hands of the Elders³⁶Lev. 4:15. If the entire community (or their representative, the High Court) have erred, the purification offering requires that the Elders shall lean their hands on the head of the bull. and the breaking of the neck of the calf is done by three [judges]; Rebbi Jehudah says, by five. What is the reason of Rebbi Simeon? “The Elders shall lean³⁷Lev. 4:15; Babli 44b. The quote of the verb is unnecessary. The plural “Elders” means “at least two Elders,”, cf. Note 5.,” two. No court has an even number of members; one adds another one, that makes three. What is the reason of Rebbi Jehudah? “They shall lean,” two; “the Elders,” two. No court has an even number of members; one adds another one, that makes five. And for the calf whose neck is broken, what is the reason of Rebbi Simeon? “Your Elders, your judges,³⁸Deut. 21:2; Sifry Deut. 205.” two. No court has an even number of members; one adds another one, that makes three. What is the reason of Rebbi Jehudah? “Your Elders shall go out,” two, “and your judges,” two. No court has an even number of members; one adds, that makes five. Rebbi said, the words of Rebbi Simeon are reasonable for the leaning of the hands and those of Rebbi Jehudah for the breaking of the neck. The words of Rebbi Simeon are reasonable for the leaning of the hands, for he does not refer to “they shall lean”³⁹Since the number of the verb is in general determined by the number of the subject, this number cannot be considered independent information.. And those of Rebbi Jehudah for the breaking of the neck, for he does not refer to “they shall go out.⁴⁰This argument is less clear since R. Simeon likewise does not refer to the verb. The difference between R. Simeon and R. Jehudah is that for R. Jehudah “Elders, judges” represent independent plurals but for R. Simeon one is restricted to “judges who are Elders” (the Babli concurs in this, 34b).” If you would say that the words of Rebbi Jehudah are reasonable for the calf whose neck is broken because he refers to both to “they shall lean” and “they shall go out,” it turns out that you have to say “there shall go out” two, “your Elders” two, “and your judges,” two. No court has an even number of members; one adds another one, that makes seven⁴¹Since this number is never mentioned, no author considers the plural form of the verb as information.. How do the rabbis⁴³In the Babli, “the select of your judges”, i. e., one disqualifies any judges who are not members of the High Court. explain “your Elders and your judges”? Your Elders who are your judges⁴³In the Babli, “the select of your judges”, i. e., one disqualifies any judges who are not members of the High Court.. It was stated⁴⁴Babli 45a, Sanhedrin 14b.: Rebbi Eliezer ben Jacob says “your Elders,” that is the High Court; “and your judges” these are king and High Priest⁴⁵He requires the entire High Court to appear (Rashi in Babli 45a). The king (or, in a tribal society, the head of the tribe) is involved since he represents the police powers who alone can determine whether the murderer is unknown. The High Priest is involved since he has to send the priests to conduct the ceremony..