תלמוד על סנהדרין 7:1

By money, from where? “After he acquires,” this tells you that she is acquired by money.¹¹Babli 2a. In rabbinic Hebrew, לקח means “to buy”. The Babli shows from Gen. 23:13 that לקח in biblical Hebrew may mean “to accept a deal involving money”. By the talmudic doctrine of invariability of lexemes in biblical language, the same meaning must apply in all cases. By marital relations, from where? “And has marital relations with her,” this tells you that she is acquired by intercourse¹²Babli 9b. Deut. 24:1: “After a man takes a wife and has marital relations with her” is the preamble to the rules of divorce. The verse is read to mean: “After a man buys and/or has marital relations with a woman, if he desires to terminate the relationship he is required to follow the rules of divorce.” Since there is no divorce without a preceding marriage, it follows that acquiring a wife by money and/or intercourse establishes marriage by biblical standards.. I would say, by both together. Money without intercourse and intercourse without money, from where? ¹³This elliptic statement is shortened from Ketubot 3:6 (Notes 88–92). The man who sleeps with a virgin preliminarily married to another man is stoned; one who sleeps with a married woman who is not a virgin is strangled. Since the verse mentions only intercourse, it is deduced that even if no money was given, the girl is legally bound to her husband and the seducer or rapist is executed for adultery. Rebbi Abbahu in the name of Rebbi Joḥanan, it is written: “If a man is found lying with a woman having had intercourse with her husband.” Think of it, even if he did only acquire her by intercourse, the one coming after him is [executed] by strangulation. Not only regular intercourse but even perverse¹⁴Sex play which leads to satisfaction without penetration and ejaculation.. Rebbi Abbahu in the name of Rebbi Joḥanan, it is necessary to mention perverse intercourse for if it were regular, why mention her husband¹⁵If the verse was simply intended to state that the punishment of the adulterer with a non-virgin is different from that with a virgin, it would not have mentioned “her husband”. The husband makes his wife a non-virgin even by perverse intercourse, any other man only by penetration.? As we have stated there¹⁶Mishnah Sanhedrin 7:15.: “If she was raped by two men, the first is stoned, the second strangled¹⁷If the first one penetrated her..”

HALAKHAH: “Proclos ben Ploslos asked,” etc. Where do we hold? If he asked him about practice in the bath he should have answered; if he did not ask him about practice in the bath he should not have answered¹¹⁵Since the instruction that one does not answer in the bath, i. e., in the room where people are naked, is a religious instruction forbidden at that place.. ¹¹⁶The main source for the following is Šabbat 3:3 (6a l.51, ש), Babli Šabbat 40b. As Rebbi Jacob bar Idi said in the name of Rebbi Joshua ben Levi: One asks about practice in the bath while in the bathhouse, about practice in the toilet while in the toilet. As when Rebbi Simeon ben Eleazar went to bathe with Rebbi Meïr, he asked him, may one rinse? He told him, it is forbidden¹¹⁷As explained in Šabbat, they went to bathe in the hot springs of Tiberias on the Sabbath. It is forbidden to take a hot bath in water which was heated, but not in water which is naturally hot. But then one has to be careful not to rinse oneself outside the water flowing from the source since water spilled on the earth outside would fill in depressions in the ground, which is prohibited work.. May one dry himself with a towel? He told him, it is forbidden¹¹⁸Similarly, one may not use a bath towel on the Sabbath since squeezing out water from a towel (or a sponge) is forbidden work.. But did not Samuel ask Rav, may one say “Amen” at a dirty place? He told him, it is forbidden, and it is forbidden that I told you that it is forbidden¹¹⁹Since he was asked at a place with a bad smell. He disagrees with R. Jacob bar Idi.. It was found stated, one asks¹²⁰In Šabbat: “One does not ask.” This supports Rav and seems to be the original version. Unfortunately, ג is damaged at this passage. about practice in the bath while in the bathhouse, about practice in the toilet while in the toilet. Rebbi Yudan, the father of Rebbi Mattaniah, said, he asked him about practice in the bath but it is not done¹²¹In ג:“is not polite”. to answer in the bath. Rebbi Samuel bar Eudaimon said, he asked him about practice in the bath but the steam in the bath is bad for the teeth. The colleagues, Rebbi Ḥama bar Yose in the name of Rebbi Hoshaia, Rebbi Zeˋira in the name if Rebbi Joshua ben Levi: He answered him in an evasive answer¹²²Babli 44b., for he could have replied about Baal Peˋor whose worship only consists in exposure and defecation¹²³Mishnah Sanhedrin 7:12.. What about it¹²⁴What would be the correct answer?? What is treated as a divinity is forbidden, what is not treated as divinity is not forbidden.

MISHNAH: If a murderer was mixed up with others, none of them are criminally liable⁴⁴Since nobody can be convicted if he was not identified by witnesses.. Rebbi Jehudah says, one keeps them in jail⁴⁵Until each person be identified by witnesses.. Any condemned to death who were mixed up with others⁴⁶Also condemned to death. shall be executed by the easier way. Those to be stoned with those to be burned, Rebbi Simeon says they shall be stoned because burning is more painful, but the Sages say they shall be burned since stoning is more painful.
Rebbi Simeon told them, if burning were not more painful it would not have been prescribed for a Cohen’s daughter who committed adultery. They answered him, if stoning were not more painful, it would not have been prescribed for the blasphemer and those who worship strange cults. Those to be slain with those to be strangled, Rebbi Simeon says by the sword, but the Sages say by strangulation⁴⁷Mishnah 7:1..