Sanhedrin 80A

Study Sanhedrin folio 80A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

אי הכי, היינו דקתני עלה: אמר רבי יוסי: אפילו אבא חלפתא ביניהן?

If so, according to Shmuel or Reish Lakish, is that compatible with that which is taught in a baraita with regard to the Mishnah, that R' Yosei says: This is the halakha even if Abba Ḥalafta, i.e., R' Yosei’s father, who himself was a righteous Sage, was among them? This is difficult according to Shmuel, as R' Yosei would certainly not include his father in a group of murderers, and according to Reish Lakish, what is the connection between R' Yosei’s father and a group of oxen?

אלא אמר רבא: הכי קאמר, שנים שהיו עומדין, ויצא חץ מביניהם והרג ⁠– שניהם פטורין. ואמר רבי יוסי: אפילו אבא חלפתא ביניהן.

Rather, Rava says: This is what the Mishnah is saying: In a case where two people were standing together and an arrow emerged from their midst and killed a person, since it is not known which of them shot the arrow, both of them are exempt. And R' Yosei says: This is the halakha even if Abba Ḥalafta was among them. Even if one of the two people from among whom the arrow emerged was a righteous individual like Abba Ḥalafta, who presumably is not a murderer, since there is no conclusive testimony identifying the shooter, uncertainty remains and both are exempt.

ושור שנגמר דינו, שנתערב בשוורין אחרים מעליי ⁠– סוקלין אותן. רבי יהודה אומר: כונסין אותן לכיפה.

The tanna then proceeds to discuss a different matter. And an ox whose verdict was finalized, that was sentenced to execution by stoning, and that was intermingled with other ordinary oxen, i.e., oxen that did not gore, the court stones all of them. R' Yehuda says: They are placed in a vaulted chamber.

והתניא: פרה שהמיתה ואחר כך ילדה, אם עד שלא נגמר דינה ילדה ⁠– וולדה מותר, אם משנגמר דינה ילדה ⁠– וולדה אסור. נתערב באחרים ואחרים באחרים ⁠– כונסין אותן לכיפה. רבי אלעזר ברבי שמעון אומר: מביאין אותן לבית דין וסוקלין אותן.

The Talmud notes: And it is taught in a baraita: In the case of a cow that killed a person, and after that calved, if it was before its verdict was finalized that the cow calved, its offspring is permitted. If it was after its verdict was finalized that the cow calved, its offspring is prohibited, as it was prohibited together with the cow. If the cow was intermingled with other cows and the identity of the cow that killed cannot be determined, and those other cows were intermingled with yet others, the court gathers them into a vaulted chamber. R' Elazar, son of R' Shimon, says: One brings them to court and the court stones them. The unattributed baraita is in accordance with the opinion of R' Yehuda in the Mishnah.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.