Sanhedrin 40A

Study Sanhedrin folio 40A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

Mishnah: The court would examine the witnesses in capital cases with 7 interrogations, i.e., interrogatory questions, and they are: In which 7-year period, that is, in which cycle of 7 years within a jubilee did the event occur; in which year of the Sabbatical cycle did the event occur; in which m

They would also ask: Do you recognize him as the man who committed the transgression? Did you warn him? They would then ask the witnesses about the particulars of the incident. For example: in the case of one who is an accused idol worshipper, they ask the witnesses: Whom, i.e., which idol, did h

With regard to all judges who increase the number of examinations, i.e., who add questions about the details of the event, this is praiseworthy, as this may clarify that the witnesses are lying. An incident occurred and ben Zakkai examined the witnesses by questioning them about the color and shap

The Mishnah explains: What is the difference between interrogations and examinations? With regard to interrogations, if one of the witnesses says: I do not know the answer, their testimony is void immediately. With regard to examinations, if one says: I do not know the answer, and even if two say

The Mishnah clarifies: If one witness says the event occurred on the 2nd of the month, and one witness says that the event occurred on the 3rd of the month, this is not regarded as a contradiction and their testimony stands, since it is possible to say that this witness knows of the addition of a