daf bit: Sanhedrin 40-41

Mar 25, 2010 19:19

The mishna describes the examination of witnesses in a capital trial. On what day and at what hour did the incident occur? At what place? Did you know the defendant? Did you warn him? If the charge is idolatry, who did he worship and how? If one witness testifies that it happened on the second day of the month and another on the third this is accepted, as one might not have known that a day was (or was not) added to the previous month. But if one says the second day and the other the fourth one witness is disqualified. Similarly, if one says the second hour of the day and the other the third it is accepted, but third and fifth are not accepted. R.Yehudah says third and fifth are accepted but fifth and seventh are not, because in the latter case the sun has crossed from the east to the west. (These are notional hours; there are always twelve between sunrise and sunset.) (40a)
The g'mara on today's daf asks how late into the month a difference of one day is accepted. Others said in the name of R. Yochanan: until the greater part of the month has passed. Raba concurs that by then one would know of the intercalation or, even if not, of the shofar blast (to proclaim the new month). One could credibly miss one sign but not two. (41b)
(A capital case requires two witnesses; the rabbis are looking for reasons to disqualify witnesses to reduce the likelihood of capital trials.)

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