Sanhedrin 55

Today’s gem comes from a Midrash that is connected to our daf! The daf is continuing to discuss forbidden sexual relationships. Today’s forbidden pleasure? Bestiality! On the daf, the question is asked about why does the animal involved in this forbidden union condemned to death? And we get this:

Rav Sheshet said: You learned the answer to this question in a baraita: If with regard to trees, which neither eat nor drink nor smell, and nevertheless, if they are used in idolatrous rites, the Torah says: Destroy, burn, and demolish them (see Deuteronomy, chapters 7, 12), and the reason is since a calamity was caused to people by them, then with regard to one who leads another astray from the ways of life to the ways of death, all the more so he is liable to be destroyed. It can be derived from here that any item used for a transgression that renders one liable to be executed should be destroyed.

Now, the Midrash, Sifra, Kedoshim, Chapter 11:6, provides the gem.

6) Similarly: (Devarim 12:2-3) “Destroy shall you destroy all the places … and you shall throw down their altars, etc.” Now if of the places and the tree (used for idolatry), which cannot see and cannot hear and cannot speak, because they led to a man’s undoing, Scripture writes “Destroy!” “Burn!” “Raze!” and “Remove (them) from the world!” then a man who leads his fellow to veer from the path of life to the path of death — how much more so should the Holy One remove him from the world! What is written of the righteous? (Devarim 20:19) “If you besiege a city many days to war upon it, to capture it, do not destroy its tree by lifting an axe against it, for from it shall you eat, but it shall you not cut down”: Now does this not follow a fortiori: If trees, which do not see, and which do not hear, and which do not speak — because they grow fruits, the Holy One pitied them, not to remove them from the world, then a man who “grows” Torah and does the will of his Father in heaven — how much more so will the Holy One pity him against removing him from the world!

Nice save Sifra! We can learn from our daf the lesson that, if we have to be worried about how trees, animals, and other objects might lead one astray, all the more so we should worry about one of us, personally, leading another astray.

And the Torah study – how beautiful! What is the fruit we are producing in this world? May the good in us outweigh the bad. (And maybe let’s all just avoid bestiality to be on the safe side.)

Sanhedrin 54

So much is lost in translation. And so many things have happened because of misunderstandings. Even holding up two fingers! Holding up two fingers, what he thought of as a “v” for victory while the peaceniks had used the same symbol to stand for peace (as Americans do today). A thumbs up means good for Americans, but in West Africa and Afganistan it means up yours.

So much has happened tha tis more dramatic than these gestures as a result of mistranslations of the bible. Today, our daf has one that I want to uplift.

לָמַדְנוּ אַזְהָרָה לַשּׁוֹכֵב. אַזְהָרָה לַנִּשְׁכָּב מִנַּיִין? תַּלְמוּד לוֹמַר: ״לֹא יִהְיֶה קָדֵשׁ מִבְּנֵי יִשְׂרָאֵל״. וְאוֹמֵר: ״וְגַם קָדֵשׁ הָיָה בָאָרֶץ עָשׂוּ כְּכֹל הַתּוֹעֲבֹת הַגּוֹיִם אֲשֶׁר הוֹרִישׁ וְגוֹ׳״. דִּבְרֵי רַבִּי יִשְׁמָעֵאל.

We have learned from here the prohibition for the one who engages in homosexual intercourse actively. From where do we derive the prohibition for one who engages in homosexual intercourse passively? The verse states: “There shall not be a sodomite [kadesh] among the children of Israel” (Deuteronomy 23:18). And another verse, cited to clarify the meaning of the term kadesh, states: “And there were also sodomites [kadesh] in the land, they did according to all the abominations of the nations which the Lord drove out before the children of Israel” (I Kings 14:24). This is the statement of Rabbi Yishmael.

The term “sodomite” comes from the story of Sodom and Gomorrah. God wants to destroy the city but after discussing it with Abraham, agrees not to if there are even 10 righteous people there. God sends angels and . . . the men of the town try to rape the angels. From this we get the term “Sodomite,” with the understanding that the homosexual aspect of the rape is what the problem was. Clearly, the inhospitable nature of the people, the use of rape as a tool against foreigners – this is the real crime. And yet the term continues till today.

On our daf, the translation into “Sodomite” is incorrect. Sodom is obviously a term that the Rabbis know, it’s the name of a location and a people in the Torah. The word used in the Torah in Deuteronomy 23:18 and in the writing in I Kings 14:24 is “Kedesh.” Kadesh should sound familiar to Jews. On Friday night we say kiddish over the wine. At weddings we perform kedushin. When someone dies we recite the kaddish. Each of these words has the same root – they all mean sanctification, they all are a from of elevating something to the status of holiness. So, the term translated here as “Sodomite” has no connection to Sodom but is in fact a term where as sex is bring used as a form of worship. Kedusha is cult prostitution. That is what the Torah is saying we should not do like other nations. Cult prostitution is an abomination and one that threatened Jewish survival. Considering the worst sin we can commit is idolatry, and that idolatry is called an abomination, this makes way more sense then homosexuality.

So, it’s good to pay attention to the original meaning of the text. Translations can lead to all kinds of misunderstandings, and even hatred.

Sanhedrin 53

The daf is all incest today. (Yay?) The one real gem we get is the following:

The mishna explains: A prohibition resulting from a mitzva is referring to secondary forbidden relatives, e.g., one’s son’s daughter-in-law, who are forbidden by rabbinic law. The Sages instituted this prohibition in order to distance people from incest. The Gemara explains: And why do the Sages call it a prohibition resulting from a mitzva? Because it is a mitzva to listen to the words of the Sages.

So, just because you technically might be able to marry a relative who was only related to you by blood according to Torah law, doesn’t make it less icky. So . . . thanks rabbis, for stopping people from marrying their relatives. (Oy.)

Sanhedrin 52

Two gems today. The first is an explanation of what Aaron’s sons did what was so wrong that God punished them with death by burning their souls in the Torah. The second is how the Talmud says we sentence someone to death by burning . . . or not.

Apropos the deaths of Nadav and Avihu, an aggadic midrash on this subject is quoted: And it had already happened that Moses and Aaron were walking on their way, and Nadav and Avihu were walking behind them, and the entire Jewish people were walking behind them. Nadav said to Avihu: When will it happen that these two old men will die and you and I will lead the generation, as we are their heirs? The Holy One, Blessed be He, said to them: We shall see who buries whom. Rav Pappa says: This explains the adage that people say: Many are the old camels that are loaded with the skins of young camels.

So, the two up and coming leaders wanted Moses (their uncle) and Aaron (their dad) to get out of their way and let them lead – so God said, “We will see who will bury who” and killed the younger men. Oy! Disturbing and it also reminds us to respect our elders and that, just because we think we are the next great thing, doesn’t mean there is not more for the older generation to teach us.

The second gem is a comfort to me. As I read the daf as it describes how we execute someone by burning them and their soul departing, we get this:

The Gemara relates: Imrata bat Talei was a priest’s daughter who committed adultery. Rav Ḥama bar Toviyya surrounded her with bundles of branches and burned her.

This is how most of us would think you kill someone by fire, but we learn this is wrong – for two reasons:

Rav Yosef says: Rav Ḥama bar Toviyya erred with regard to two halakhot. He erred with regard to the ruling of Rav Mattana, i.e., that burning is performed using a wick of lead which you put into the throat of the guilty party, and he erred with regard to that which is taught in a baraita: It is derived from the verse: “And you shall come to the priests, the Levites, and to the judge that will be in those days” (Deuteronomy 17:9), that at a time when there is a priest serving in the Temple, i.e., when the Temple is built, there is judgment of capital cases. By inference, at a time when there is no priest, there is no judgment of capital cases.

So, we don’t burn anyone at the stake AND (my favorite part) we don’t administer capital punishment AT ALL now that the Temple is not standing. Halleluiah!

Sanhedrin 51

Today in the list of capital punishments, I got a little verse that hits close to home.

Gemara asks: In what way is she different from the priest himself? A priest who desecrates Shabbat is executed by stoning, so why would one have thought that the daughter of a priest should be punished by burning? The Gemara answers: It might enter your mind to say that concerning the priest himself, the halakhot of Shabbat are less stringent, as acts that are forbidden on Shabbat are permitted to him with regard to the performance of the Temple service. Therefore, one might have thought that if a priest desecrates Shabbat in a manner that is forbidden to him, his punishment should not be more severe than that of a non-priest.

So, no one is allowed to break Shabbat . . . but the Priest works on Shabbat.

I feel you my ancestor! One of the hardest things about being a rabbi is not getting to enjoy Shabbat as a full day of rest. Not that I don’t like leading services and being at B Mitzvahs. . . but I can’t cook a nice meal and just chill at home with friends and family. Good thing we don’t get punished for working!

Sanhedrin 50

Today’s daf discusses which forms of capital punishment are considered the worst because they are reserved for the worst crimes. Within this we get this lesson:

The severity of which transgression is greater: The severity of the transgression of the one who subverts the city, inciting them to sin, or the severity of the transgression of the subverted? You must say that the severity of the transgression of the subverter is greater. 

The person who leads others to sin is worse the sinners. So, those who lead others to wrong don’t have clean hands. And leaders need to be so careful as they are ultimately held responsible for those they lead, even and especially those that they lead astray.

Sanhedrin 49

Even when we work alone, we rely on others. We sometimes like to think we are completely self reliant, but, as they say “no man is an island.” I may lead a service by myself, but I rely on many others to make sure the building is ready, the airconditioning on, the prayer books out etc. It does us good to remember that we can only do what we do because other people are doing what they do.

On our daf today, we get this message, but in what it takes to win wars and have a successful kingdom.

Rabbi Abba bar Kahana says: Were it not for David, who studied Torah, Joab would not have been able to wage war successfully (Joab was King David’s general), and were it not for the military acumen of Joab, David would not have been able to study Torah. As it is written: “And David executed judgment and justice to all his people, and Joab, son of Zeruiah, was over the army” (II Samuel 8:15–16). What is the reason that David “executed judgment and justice to all his people”? He was able to do so because “Joab, son of Zeruiah, was over the army,” assisting him and fighting his battles. And what is the reason that “Joab, son of Zeruiah, was over the army”? He was able to do so because “David executed judgment and justice to all his people.”

Here we see that both David and Joab relied on each other. Joab was able to be a good warrior because David had the wisdom to guide him from studying Torah. And, David had the luxury of studying because he was able to truth Joab to lead his army!

In this moment, I want to also highlight that the Torah is hopefully a moral guide. It reminds us that we serve, not the king, but the King of Kings – God.

No man is an island. And no man is God. If we can remember that (and, more importantly, our government remember that) then we might just make it.

Sanhedrin 48

We live in such a wasteful society. Single use items are standard. We throw things away, don’t sew or repair items with little damage and it’s terrible for the environment. Judaism teaches us that we do not destroy. On our daf today we get one fairly extreme example.

Come and hearIf the father and the mother of the deceased were throwing garments onto their late son’s bier so that they would be buried along with him, it is a mitzva for the others present to save those garments from being lost.

That’s right. We don’t waste, not even in death!! What’s one say you can be less wasteful?

Sanhedrin 47

If you know anything about Jewish burial practices, you may know that we try to bury as quickly as possible ideally within 24 hours of death. However, we learn on today staff that there are reasons to delay a burial, besides holidays and Shabbat. 

The Gemara suggests: Come and hear a proof from a baraita: If one left his deceased relative unburied overnight for the sake of his honor, for example, in order to assemble the people from the neighboring towns for the funeral, or to bring him professional lamenters, or to bring him a coffin or shrouds, he does not transgress the prohibition of “his body shall not remain all night,” as anyone who acts in such a manner does so only for the sake of honoring the dead.This indicates that the eulogy and other funeral rites are performed to honor the deceased. The Gemara rejects this argument: This is what the baraita is saying: Anyone who acts in such a manner for the sake of honoring the livingdoes not transgress the prohibition, as there is no degradation of the dead.

So, for the honor of the deceased, we can delay a burial. This means that if a family needs to travel in from out of town we can delay. I teach this text frequently to families who worry about what to do. It honors the dead and it gives so much comfort to that family member who gets to be there.

Sanhedrin 46

One of my favorite teachings is on the daf today! It teaches that we cannot leave a corpse overnight, even a “bad man” that has been executed by the courts by hanging. Why? Find out.

It is taught in a baraita that Rabbi Meir says: The Sages told a parable: To what is this matter comparable? It is comparable to two brothers who were twins and lived in the same city. One was appointed king, while the other went out to engage in banditry. The king commanded that his brother be punished, and they hanged his twin brother for his crimes. Anyone who saw the bandit hanging would say: The king was hanged. The king, therefore, commanded that his brother be taken down, and they took the bandit down. Similarly, people are created in God’s image, and therefore God is disgraced when a corpse is hung for a transgression that the person has committed.

We are the living image of God. When we leave a persons dead body to rot, we are disgracing the very image of God! (No matter how far the person was from living up to deserving that image.)

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