Sanhedrin 112A

קשיא.

The Talmud comments: The matter presents a difficulty with the opinion of Reish Lakish.

איבעיא להו: הודחו מאליהן, מהו? ״וידיחו״ אמר רחמנא, ולא שהודחו מאליהן? או דילמא, אפילו הודחו מאליהן?

A dilemma was raised before the rabbis: If the inhabitants of an idolatrous city subverted themselves to idol worship and were not subverted by others, what is the halakha? Since God states: “And have subverted,” perhaps it may be inferred: But not if they subvert themselves; or perhaps even if they subverted themselves to idol worship, the city can be deemed an idolatrous city.

תא שמע: הדיחוה נשים וקטנים, אמאי? ליהוי כהודחו מאליהן! הנך בתר נפשייהו גרידי, הני בתר נשים וקטנים גרידי.

The Talmud suggests: Come and hear a resolution of the dilemma from the Mishnah: If women or children subvert the inhabitants of the city, these idol worshippers are judged as individuals. Why is that so? Let their status be considered as though they subverted themselves. Apparently, if the inhabitants subverted themselves the city is not deemed an idolatrous city. The Talmud rejects this proof: These cases are not comparable, as these, who subverted themselves, are drawn after their own initiative and worship idols wholeheartedly, and therefore perhaps the city is rendered an idolatrous city. Those, who are subverted by women and children, are drawn after women and children and are not committed to idol worship, and therefore, perhaps the city is not rendered an idolatrous city.

עד שיודח רובה. היכי עבדינן? אמר רב יהודה: דנין וחובשין, דנין וחובשין. אמר ליה עולא: נמצא אתה מענה את דינן של אלו! אלא, אמר עולא: דנין וסוקלין, דנין וסוקלין.

§ The Mishnah teaches that a city is not deemed an idolatrous city unless most of the inhabitants of the city are subverted. The Talmud asks: How do we act in order to determine if most of the inhabitants have been subverted? Rav Yehuda says: The court judges each inhabitant suspected of idol worship, and if he is found liable imprisons him in a jail, and it judges and imprisons each succeeding idolater until a majority of the city has been convicted. Ulla said to him: That will result in you delaying justice for those already sentenced and awaiting execution, and it is prohibited to delay justice. Rather, Ulla says: The court judges each inhabitant and stones him if he is found liable, then judges and stones each succeeding idolater until half of the city is found guilty, and all future convicted idolaters are executed by the sword.