משנה: מִי שֶׁנִּתְחַייֵב שְׁתֵּי מִיתוֹת בֵּית דִּין יִידּוֹן בַּחֲמוּרָה. עָבַר עֲבֵרָה שֶׁיֶּשׁ בָּהּ שְׁתֵּי מִיתוֹת יִידּוֹן בַּחֲמוּרָה. רִבִּי יוֹסֵי אוֹמֵר יִידּוֹן בְּזִיקָּה הָרִאשׁוֹנָה שֶׁבָּאָת עָלָיו׃ מִי שֶׁלָּקָה וְשָׁנָה בֵּית דִּין מַכְנִיסִים אוֹתוֹ לַכִּיפָּה וּמַאֲכִילִין אוֹתוֹ שְׂעוֹרִין עַד שֶׁכְּרֵיסוֹ מִתְבַּקַּעַת. הַהוֹרֵג נֶפֶשׁ שֶׁלֹּא בְעֵדִים מַכְנִיסִין אוֹתוֹ לַכִּיפָּה וּמַאֲכִילִין אוֹתוֹ לֶחֶם צַר וּמַיִם לַחַץ׃ 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 jail52For the third conviction of the same kind. These rules have no biblical justification. where he is fed barley until his belly bursts. One sends the murderer without witnesses to jail and feeds him scanty bread and sparing water53Isaiah.30.20">Is. 30:20.
הלכה: מִי שֶׁנִּתְחַייֵב שְׁתֵּי מִיתוֹת בֵּית דִּין כול׳. תַּמָּן תַּנִּינָן. תַּנֵּי. רִבִּי יוֹסֵי אוֹמֵר יִדּוֹן בְּזִיקָּה הָרִאשׁוֹנָה שֶׁבָּאָת עָלָיו. כֵּיצַד. חֲמוֹתוֹ וְנַעֲשִׂית אֵשֶׁת אִישׁ הֲרֵי זוֹ בִשְׂרֵיפָה. אֵשֶׁת אִישׁ וְאַחַר כָּךְ נַעֲשִׂית חֲמוֹתוֹ בַחֲנִיקָה. בָּא עַל חֲמוֹתוֹ. וְהֵיי דָא לָהּ חֲמוֹתוֹ וְכַלָּתוֹ. הֵיךְ עֲבִידָא. גְּבַר נְסַב אִיתָא וְלִבְרַתֵּיהּ דַּאַחֲוָהּ וְלִבְרַתֵּיהּ דְּאִיתְתֵיהּ. אֲתַא עַל סַבְתָּא חַייָב עָלֶיהָ מִשּׁוּם חֲמוֹתוֹ וְאֵם חֲמוֹתוֹ וְאֵם חָמִיו. חֲמוֹתוֹ וְכַלָּתוֹ כְּאַחַת מָה אָמַר בָּהּ רִבִּי יוּסֵה. חוֹמֶר בַּקַּל מָה אָמַר בָּהּ רִבִּי יוּסֵי. שְׁנֵי אִיסּוּרִין כְּאַחַת מָה אָמַר בָּהּ רִבִּי יוּסֵי. HALAKHAH: “Somebody who was found guilty of two death penalties,” etc. There54In Babylonia, Sanhedrin.81a">Babli 81a. it was stated that one states: “Rebbi Yose says, he shall be convicted for the first connection.” How is this? His mother-in-law55Who was a widow or a single parent at the moment of his marriage. who then became a married woman56If he sleeps with her after her remarriage. is [executed] by burning. As a married woman57If she was forbidden to him as a married woman before his marriage. who later became his mother-in-law it is by strangulation, if he copulated with his mother-in-law. How with his mother-in-law and daughter-in-law? How can this be? A man married a woman, and her brother’s daughter, and the woman’s daughter. If he copulated with the old woman58The first wife’s mother who is his other two wives’ grandmother. he is liable for her because of his mother-in-law, the mother of his mother-in-law, and the mother of his father-in-law. If his mother-in-law is simultaneously his daughter-in-law59He married a woman whose mother was married to his son., how does Rebbi Yose treat this? The more severe and the lesser, how does Rebbi Yose treat this60The Babli indicates that R. Yose might accept that a more general and more stringent prohibition supersedes the more narrow one. The Yerushalmi strongly disagrees, as explained in the next paragraph.? Two simultaneous prohibitions, how does Rebbi Yose treat this61In the example of the man with three wives his mother-in-law who is the mother of his father-in-law is doubly forbidden in the same degree. For which crime does he have to be prosecuted first and, since a person can be executed only once, the only time??
אָֽמְרִין. כְּמַה דְאִישְׁתָּאִלַת עַל דְּרִבִּי יוֹסֵי כָּךְ אִשְׁתָּאִלַת עַל דְּרִבִּי יִשְׁמָעֵאל. דְּתַנֵּי בְשֵׁם רִבִּי יִשְׁמָעֵאל. נִתְאַלְמְנָה נִתְגָּֽרְשָׁה נִתְחַלְּלָה זִינָת וְאַחַר כָּךְ בָּא עָלֶיהָ אֵינוֹ חַייָב אֶלָּא אַחַת. זִינָת וְנִתְחַלְּלָה וְאַחַר כָּךְ בָּא עָלֶיהָ חַייָב עַל כָּל־אַחַת וְאַחַת. נִתְאַלְמְנָה וְנִתְגָּֽרְשָׁה כְּאַחַת מָה אָמַר בָּהּ רִבִּי יִשְׁמָעֵאל. חוֹמֶר בַּקַּל מָה אָמַר בָּהּ רִבִּי יִשְׁמָעֵאל. שְׁנֵי אִיסּוּרִין כְּאַחַת מָה אָמַר בָּהּ רִבִּי יִשְׁמָעֵאל. They said, what was asked of Rebbi Yose also can be asked of Rebbi Ismael since it was stated in the name of Rebbi Ismael: If she became widowed, divorced, desecrated, and a whore in this order62This refers to Leviticus.21.14">Lev. 21:14, speaking of the High Priest: A widow, divorcee, desecrated woman, whore, these he may not take.
A desecrated woman is one who had forbidden sexual contact with a Cohen, e. g., a divorcee who is forbidden to a common priest. A whore is a woman who slept with a man whom she could not marry, e. g., a close relative or a Gentile.
Since the verse treats the four prohibitions as one, a High Priest who inadvertently sleeps with a woman who became forbidden to him on all four counts in the order enumerated in the verse has to bring a single purification offering.
In the Kiddushin.77a">Babli, Qiddušin 77a, the argument is the opposite one. A widow is forbidden only to the high priest. A divorcee is also forbidden to a common priest. A desecrated woman of priestly descent in addition of being barred from marrying a priest is barred from eating heave. A whore may also be forbidden to an Israel; in case she was a married woman who committed adultery she becomes forbidden to her husband. Since the prohibitions cover an ever wider circle, they are cumulative. Therefore, for the Babli, a High Priest who sleeps with a divorcee who afterwards became a widow is liable only for one purification offering, whereas the next sentence shows that for the Yerushalmi he is liable for two.: when afterwards he copulated with her, he is liable only once. If she whored, was desecrated63A whore is forbidden to a priest. If he sleeps with her the first time, he desecrates her. If then she again sleeps with a priest, this one sleeps with a woman who first whored and then became desecrated., and after that he copulated with her, he is liable for every single [transgression]. If she became widowed and divorced simultaneously64If a first man had contracted with her a legally defective preliminary marriage and then a second man contracted a clearly legal preliminary marriage, the first man has to divorce her and the second may marry her (Gittin.89b">Babli Gittin 89b). If then the second man dies exactly at the moment when she receives the first man’s bill of divorce, she becomes simultaneously a widow and a divorcee., how does Rebbi Ismael treat this? The more severe and the lesser, how does Rebbi Ismael treat this60The Babli indicates that R. Yose might accept that a more general and more stringent prohibition supersedes the more narrow one. The Yerushalmi strongly disagrees, as explained in the next paragraph.? Two simultaneous prohibitions, how does Rebbi Ismael treat this61In the example of the man with three wives his mother-in-law who is the mother of his father-in-law is doubly forbidden in the same degree. For which crime does he have to be prosecuted first and, since a person can be executed only once, the only time??
רַב אָמַר. בְּמִפְּנִים עֵדָיו הִיא מַתְנִיתָא. רִבִּי יוֹסֵי בֶּן חֲנִינָה אָמַר. בְּשֶׁאֵינוֹ יָכוֹל לְקַבֵּל הַתְרָייָה. Rav said, the Mishnah [deals with the case that the crime was committed] inside from the witnesses. Rebbi Yose ben Ḥanina said, when he could not receive warning65This refers to Sanhedrin 9:6:1" href="/Jerusalem_Talmud_Sanhedrin.9.6.1">Mishnah 10. While for all other death penalty cases one can be satisfied with letting Heaven mete out the penalty (Exodus.23.7">Ex. 23:7), no commonwealth can exist which lets 99.99% of all murders go unpunished. It is agreed that the death penalty cannot be imposed if not all conditions for such a judgment are satisfied. A rabbinic court cannot be oblivious of Deuteronomy.19.15">Deut. 19:15 which clearly requires two eye witnesses for criminal conviction and excludes circumstantial evidence and testimony of a single witness. It is explained that a sentence of life in jail can be imposed on the testimony of two witnesses whose testimony would be inadmissible in a death penalty case. According to Rav, one possible scenario is that of Sanhedrin 4:9:2" href="/Jerusalem_Talmud_Sanhedrin.4.9.2">Halakhah 4:11, where two witnesses testify that the accused entered a room where the victim was alive, left with a bloody sword, and the victim was found inside stabbed to death. R. Yose ben Hanina points to another scenario, where there were eye witnesses to the murder but it had not been possible to deliver the statutory warning before the murder was committed..