תלמוד על סנהדרין 6:2

HALAKHAH: “A bull which is led out to be stoned,” etc. It was stated¹²²Sanhedrin 6:2(23b l.25) an exact copy, 10:8(29d l.14) a reformulation.: If a bull was led out to be stoned when its witnesses were found to be false, Rebbi Joḥanan said, the first to come acquires it¹²³Since the court declares the bull to be forbidden for usufruct, it cannot remain the property of its owner. When the prohibition of usufruct is lifted because the sentence was declared false, the bull is ownerless. If a third party grabs the bull before the owner can take it back, that third party now is the legal owner. The Babli, Keritut 24a, holds that R. Joḥanan will agree that the bull never was ownerless if the judgment was overturned on the initiative or appeal by the owner.; Rebbi Simeon ben Laqish said, it was false despair¹²⁴He holds that ownership never was annulled, only that the owner gave up hope of ever having use of the bull again. The bull remains the property of its owner who may use it once the prohibition of usufruct is lifted.. Similarly, if a slave was led out to be killed when his witnesses were found to be false, Rebbi Joḥanan said, he acquired himself¹²⁵He is free and needs no bill of manumission.; Rebbi Simeon ben Laqish said, it was false despair.

HALAKHAH: “Not only this,” etc. It was stated: ¹³⁵The Halakhah really belongs to the next Mishnah, which refers to collecting bones. The text as it stands here is missing a few lines which in part make it incomprehensible. The origin is in Mašqin (Mo`ed qatan) 1:5 (80d ll. 1–14); it also is found in Pesahim 8:7 (36b ll. 22–37). If somebody transports a coffin from one place to the other, the rules of collecting bones do not apply<sup>136</sup>This refers to Mishnah Mo`ed qaṭan 1:3: “R. Meïr says, a person may collect his parents’ bones on a semi-holiday because it makes him happy; R. Yose says, it is an occasion of mourning. Halakhah 12 (Mo`ed qatan 1:5) determines that the day of collecting the bones (transferring them from burial in the ground to an ossuary to be stored in a cave) is a day of mourning (prohibited one a semi-holiday) but the day following is a holiday since the person is assured that his parents were freed from punishment in the world of souls. [Only extremely vicious souls are punished in eternity, cf. Chapter 10. For all other evildoers, the punishment in hell is for 12 months or until the flesh has disappeared from the bones, whichever comes sooner. For this reason, a mourner may not recite the prayer for the dead (customary since the last millennium) for more than 11 months; if he did recite it in the 12th month he would declare his parent an evildoer, in itself a sin.]. Rebbi Aḥa said, this means in a marble¹³⁷In the parallels: stone. coffin. But in a wooden coffin, the rules of collecting bones do apply. Rebbi Yose said, even for a wooden coffin the rules of collecting bones do not apply. What is “collecting bones”¹³⁸The missing answer, found in the parallels, is: One transports them in an ἐπικάρσιον (“cloth hanging down”, used for striped cloth) from place to place.?