Sanhedrin 79B

Study Sanhedrin folio 79B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

giving above: “He shall be punished, as the husband of the woman shall impose upon him, and he shall give as the judges determine” (Exodus 21:22). Just as there, in the phrase: “Give as the judges determine,” the reference is to monetary restitution, so too here, in the phrase: “Give a life for a

Rava says: That which the school of Ḥizkiyya taught diverges from the statement of R' Yehuda HaNasi, and diverges from the statement of the Rabbis. The school of Ḥizkiyya holds that in the case where one intended to kill one individual and killed another individual, he is exempt from both liability

This teaches that just as with regard to one who kills an animal, the Torah did not differentiate between whether he does so unwittingly or intentionally, whether he acts with intent or with no intent, or whether he strikes in the course of a downward motion or in the course of an upward motion,

Accordingly, it is derived from here that one who commits a transgression carrying the death penalty is exempt from paying damages for his action, even if he is not given the death penalty in practice. The Talmud asks: What is the meaning of with no intent? If we say that it means that he had no int

Rather, must one not conclude from it that he is neither liable to be executed, nor is he liable to pay monetary restitution. With regard to liability to be executed in a case where one intended to kill one individual and he killed another, the school of Ḥizkiyya holds in accordance with the opini