BACKGROUND AND CONTEXT
This text contains part of a set of instructions that were given to witnesses in a capital (death penalty) case before they testified. The Mishnah states that witnesses were supposed to be "intimidated" by making them fully realize the potential, life-and-death consequences of their testimony. The text is one of Judaism's most powerful statements concerning the significance of each human life, and it relies on a close, midrashic reading of two stories in Genesis: Cain and Abel, and the creation of the first human being.
הֱווּ יוֹדְעִין שֶׁלֹּא כְדִינֵי מָמוֹנוֹת דִּינֵי נְפָשׁוֹת. דִּינֵי מָמוֹנוֹת, אָדָם נוֹתֵן מָמוֹן וּמִתְכַּפֵּר לוֹ. דִּינֵי נְפָשׁוֹת, דָּמוֹ וְדַם זַרְעִיּוֹתָיו תְּלוּיִין בּוֹ עַד סוֹף הָעוֹלָם, שֶׁכֵּן מָצִינוּ בְקַיִן שֶׁהָרַג אֶת אָחִיו, שֶׁנֶּאֱמַר (בראשית ד) דְּמֵי אָחִיךָ צֹעֲקִים, אֵינוֹ אוֹמֵר דַּם אָחִיךָ אֶלָּא דְּמֵי אָחִיךָ, דָּמוֹ וְדַם זַרְעִיּוֹתָיו....
לְפִיכָךְ נִבְרָא אָדָם יְחִידִי, לְלַמֶּדְךָ, שֶׁכָּל הַמְאַבֵּד נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ אִבֵּד עוֹלָם מָלֵא. וְכָל הַמְקַיֵּם נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ קִיֵּם עוֹלָם מָלֵא....
וּלְהַגִּיד גְּדֻלָּתוֹ שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא, שֶׁאָדָם טוֹבֵעַ כַּמָּה מַטְבְּעוֹת בְּחוֹתָם אֶחָד וְכֻלָּן דּוֹמִין זֶה לָזֶה, וּמֶלֶךְ מַלְכֵי הַמְּלָכִים הַקָּדוֹשׁ בָּרוּךְ הוּא טָבַע כָּל אָדָם בְּחוֹתָמוֹ שֶׁל אָדָם הָרִאשׁוֹן וְאֵין אֶחָד מֵהֶן דּוֹמֶה לַחֲבֵרוֹ. לְפִיכָךְ כָּל אֶחָד וְאֶחָד חַיָּב לוֹמַר, בִּשְׁבִילִי נִבְרָא הָעוֹלָם.
Be aware that capital cases are not like civil [monetary] cases. In civil cases, a person may give money [if they testified falsely] and their sin is forgiven. In capital cases [if someone testified falsely], they are held responsible for the blood of the accused and the blood of the accused's [potential] descendants until the end of time. For this is seen when Cain killed his brother Abel, as it is stated, "[God said to Cain:] Your brother's bloods cry out [to me from the ground]" (Genesis 4:10). It does not say, "Your brother's blood," but rather, "Your brother’s bloods," [meaning] his blood and the blood of his [potential] descendants....
Therefore, humans were [first] created as a single individual in order to teach you that whoever destroys one life is considered by the Torah to have destroyed a full world. And whoever preserves one life is considered by the Torah to have preserved a full world.…
And this [fact that originally one human was created] is [also] meant to reveal the greatness of the Holy One, who is blessed: For when a human being presses out several coins using one mold, they are all identical. But the Supreme King of Kings, the Holy One, who is blessed, pressed out every human being using the mold of the First Human [“Adam”] and no one of them is like another. Therefore, everyone is obligated to say: "The world was created for me."
Study Questions on Mishnah Sanhedrin
1. The Hebrew in Genesis 4:10, taken very literally, says, "your brother's bloods." How is this phrase significant to the author of this mishnah? Explain fully.
2. If you read the first chapter of Genesis, you'll notice that the creation of most types of phenomena--grass, trees, stars, fish, birds, mammals, etc.--occurs in large numbers or whole species. According to this passage, why did God begin by creating only one human being and not a whole human race? What does this teach us?
3. Why is it legitimate and true, in this mishnah's view, to say "the world was created for me"?
BACKGROUND AND CONTEXT
As we've seen, in the Torah the death penalty is a fairly common punishment for severe crimes or sins. The Rabbis of the Talmud accepted capital punishment as a biblical commandment but, at the same time, many ways were found (or ascribed to "Oral Torah") that greatly limited the application of this punishment. For example, it could not be carried out unless there were two eye-witnesses who had also warned the accused that the sinful action they were about to take would bring the death penalty. How often does that happen? The mishnah above clearly highlights how reluctant some Rabbis were for a Jewish court to put someone to death.
"Sanhedrin" is from a Greek word (σύνεδρος, sunedros), borrowed into Hebrew, which means "sitting together," and it refers to a major Jewish court able to hold capital cases.
סַנְהֶדְרִין הַהוֹרֶגֶת אֶחָד בְּשָׁבוּעַ נִקְרֵאת חָבְלָנִית. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר, אֶחָד לְשִׁבְעִים שָׁנָה. רַבִּי טַרְפוֹן וְרַבִּי עֲקִיבָא אוֹמְרִים, אִלּוּ הָיִינוּ בַסַּנְהֶדְרִין לֹא נֶהֱרַג אָדָם מֵעוֹלָם. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, אַף הֵן מַרְבִּין שׁוֹפְכֵי דָמִים בְּיִשְׂרָאֵל:
A Sanhedrin which puts someone to death [even] once in seven years is called "destructive."
Rabbi Elazar, son of Azariah says: Once in 70 years.
Rabbi Tarfon and Rabbi Akiva say: If we had been on a Sanhedrin no one ever would have been put to death!
Rabbi Shimon, son of Gamliel says: And they also would have increased the number of murderers there are among the Jewish people.
Study Questions on Mishnah Makkot
1. Try to speculate: Why were some Rabbis (especially Tarfon and Akiva) uncomfortable implementing the death penalty if God had commanded it as a punishment in the Torah?
2. What is Rabbi Shimon, son of Gamliel concerned about? Explain carefully what he was probably thinking.
3. Which of the four opinions in this mishnah do you personally agree with most and why?
BACKGROUND AND CONTEXT
One of the mitzvot in traditional Judaism is the obligation to have children. Interestingly, this was interpreted in the Talmud to be a man's responsibility, not a woman's. This passage talks about the spiritual meaning of not bringing children into the world. These teachings are not to be taken too literally (for instance, someone who chooses not to have children isn't considered an actual "murderer"). Notice that the text keeps using the term כְּאִילּוּ, "is like," indicating that a metaphor is being presented. These are not statements of Jewish law (Halachah); rather, they are aggadic ideas expressing Jewish ethics or philosophy according to the beliefs of some Rabbis. Nevertheless, they are serious statements intended to make an impression on people.
Most of the ideas in this passage make use of a Rabbinic literary technique called היקש / hekesh or סמוכים / simukhim, both of which involve looking at juxtapositions in the Torah, that is, verses or phrases that are next to each other. These verses are often considered to be interconnected in their meaning.
תַּנְיָא, רַבִּי אֱלִיעֶזֶר אוֹמֵר: כׇּל מִי שֶׁאֵין עוֹסֵק בִּפְרִיָּה וּרְבִיָּה — כְּאִילּוּ שׁוֹפֵךְ דָּמִים, שֶׁנֶּאֱמַר: ״שׁוֹפֵךְ דַּם הָאָדָם בָּאָדָם דָּמוֹ יִשָּׁפֵךְ״, וּכְתִיב בָּתְרֵיהּ: ״וְאַתֶּם פְּרוּ וּרְבוּ״.
רַבִּי יַעֲקֹב אוֹמֵר: כְּאִילּוּ מְמַעֵט הַדְּמוּת, שֶׁנֶּאֱמַר: ״כִּי בְּצֶלֶם אֱלֹהִים עָשָׂה אֶת הָאָדָם״, וּכְתִיב בָּתְרֵיהּ: ״וְאַתֶּם פְּרוּ וְגוֹ׳״.
בֶּן עַזַּאי אוֹמֵר: כְּאִילּוּ שׁוֹפֵךְ דָּמִים וּמְמַעֵט הַדְּמוּת, שֶׁנֶּאֱמַר: ״וְאַתֶּם פְּרוּ וּרְבוּ״.
אָמְרוּ לוֹ לְבֶן עַזַּאי: יֵשׁ נָאֶה דּוֹרֵשׁ וְנָאֶה מְקַיֵּים, נָאֶה מְקַיֵּים וְאֵין נָאֶה דּוֹרֵשׁ, וְאַתָּה נָאֶה דּוֹרֵשׁ, וְאֵין נָאֶה מְקַיֵּים.
אָמַר לָהֶן בֶּן עַזַּאי: וּמָה אֶעֱשֶׂה שֶׁנַּפְשִׁי חָשְׁקָה בַּתּוֹרָה? אֶפְשָׁר לָעוֹלָם שֶׁיִּתְקַיֵּים עַל יְדֵי אֲחֵרִים.
It is taught in a baraita--Rabbi Eliezer says: A person who is not involved with having children is like someone who spills blood, as it is stated, "One who spills human blood, by humans their blood will be spilled" (Gen 9:6). And right after this it is written, "And you must be fertile and increase" (ibid. 9:7).
Rabbi Ya’akov says: [A person not involved with having children] is like someone who reduces the Divine Image, as it is stated, "For in the image of God he made humans (Gen 9:6). And right after this it is written, "And you must be fertile and increase" (ibid. 9:7).
The son of Azzai says: Like someone who spills blood and reduces the Divine Image, as it is stated [right after both of those], "And you must be fertile and increase."
They said to the son of Azzai: Some people are good at preaching and also good at practicing. Others are good at practicing, though not good at preaching. But you are good at preaching, but not good at practicing! [He was not married and had no children].
The son of Azzai replied: "What can I do when I'm in love with the Torah? The world can be sustained by others."
Study Questions on Yevamot
1. How could not having children be equated with "spilling blood" (killing)? In your response, compare this teaching to what is said in Mishnah Sanhedrin 4:5, above.
2. How could not having children "reduce the Divine Image"? Try to be specific.
3. Explain how the son of Azzai (in the third paragraph) is trying to build on the opinions of the previous Rabbis in this text.
4. Using one English word, what vice (negative quality) are other Rabbis charging the son of Azzai with?
5. The son of Azzai is basically saying that he doesn't need to do one of the Torah's commandments. In your own words, how does he justify his decision and behavior?
6. In what ways do you think is it possible to connect elements of this passage to the topic of abortion? List everything you can identify (even if you don't agree with the connection).