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The death sentence for one who desecrates Shabbat (intentionally, with witnesses and warning) - stoning or burning? (the conclusion is stoning, but that's not R. Shimon's opinion). But what if the Shabbat desecrator is the married or betrothed adulterous kohen daughter? Is her execution stoning or burning? Would a kohen who serves in the Temple have greater leniency with regard to Shabbat? What about a case of incest? Also, Rabbi Yishmael eases up a bit, at least with regard to the accoutrements of investigation. For example, when the kohen's daughter's behavior turns out to be less serious than these egregious affairs. Plus, the conspiring witnesses who try to bring her down. But why is the kohen's daughter the focus here?!
Coming back to the order of the death sentences of the court - descending order of severity: stoning, burning, beheading, and strangulation, plus the biblical sources for the rabbis' ratings. It would seem that the severity of the act would indicate the severity of the sentence, but which is more severe is not always intuitive. In the end, the conclusion is that stoning is the most severe, and the logic is followed through for each of the executions. But defining the worst execution by what is already thought to be the worst violation seems like a given -- until the Gemara goes on to explain why this ranking is important. Also, a dispute over the execution of a betrothed daughter of a kohen who commits adultery - stoning or burning? What about the illicit sexual relations without the daughter-of-the-kohen factor (e.g., incest)? The root of that dispute is exactly the reverse of setting up the "worst" execution by the worst sins, because it determines the execution according to whichever death is worse. So that hierarchy indeed makes a difference (among other examples that demonstrate the need for this ranking)
Finishing chapter 6: King David's minister of defense, Yoav, who did not rebel against the king (in contrast to the other discussions of those who did, like Avner, whose downfall is described). And beginning chapter 7: Ordering the deaths meted out by the court, depending on the violation that is punished by death. Which leads into the treatment of the mishnah and the way it presents this information (and other) directly.
A dispute between Abaye and Rava whether designating an item - in this case, a shroud - is sufficient to prohibit it from common use, or whether that designating is not enough to do so (Abaye prohibits; Rava permits). Plus, examples (pro and con), though in the end, the halakhah follows Rava. Also, with regard to a condemned person, the Gemara addresses the differences between a king's execution vs. when such an event is overseen by the court. With examples from the Bible - eg: King Achav and Navot, plus others.
If a person ate of the forbidden fats, he needs to bring a sin-offering to atone for it. But if he decides to stop observing the mitzvot between the time of the sin and the sin-offering - and then decides to come back to his observance, he pushed aside the animal and the sin-offering. Can the same animal be used, or once it's been pushed side, is that it? What if the person loses cognitive abilities as an interim instead? (And why does the Gemara need to present both cases?) Also, people would take dirt from Rav's grave as a cure for a fever of one day. Which is difficult, but Shmuel allows it. And a verse suggests that this practice was acceptable, given that it doesn't go as far as acts that were known to be idolatrous. Plus, that which was attached to the ground is not a problem of idolatry. One question is how this relates to other graveyard prayers and traditions.
More on the issue of putting only one condemned person to death on one day, with discussion over whether the same violation and the same kind of execution (but more than one perpetrators) - would that still require a new day for each case? Also, a new mishnah! On how the body of the person who was executed would be hanged. Including how the body cannot be left hanging overnight. The concern is desecration to the body, but also that the broadcasting of sinning is an offense to God, perhaps. Note that leaving the body overnight violates a negative commandment. Plus, the body cannot be buried in the family's ancestral plots. Plus, recognizing the universal mourning of those who lose their relatives. Also, the question of whether eulogies are for the departed or for the mourners, with the example of Abraham and Sarah.
A daf of (essentially) 3 mishnayot, with the Gemara thereon. 1. When the person to be executed was near to the place of stoning, they would strip the condemned person - or perhaps just a male condemned person, depending on the opinion in the mishnah. Still, the condemned person would have at least some cloth(s) to cover his or her nakedness - for the sake of the person's dignity (and Rabbi Yehudah is not concerned that nakedness in this context would be sexual, because it was clear to him that it was not). 2. The witnesses need to stone the condemned person - but would that role prevent people from coming forward with conclusive testimony? Plus, each of these mishnayot is supported from texts in the beraita. But if the witnesses have to push the condemned person, what happens if they lost their hands for whatever reason? The witnesses' hands, explicitly, are part of this process, according to the biblical verses. 3. When the convicted person is executed, the bodies were "hanged up" to be an object lesson - or maybe only those whose sin was blasphemy or idolatry, according to the sages, as compared of the first opinion in the mishnah. Plus, the question of how they hanged people is not proven by the 90 women put to death under Shimon ben Shetach, because it was too unusual of a case. But practically speaking, were only the blasphemers and the idolaters put to death and then hanged? (Note the reliance on biblical verses for these interpretations and applications to halakhah).
More on Achan and Joshua... which leads to a comparison between Moses and Joshua -- and Pinchas, in terms of negotiating or litigating before God. Joshua is rebuked for acting brazenly -- yet, he's not alone in challenging God, and usually to good effect. So where is Joshua brazen to the degree of being rebuked? It takes close reading of the verses, which the sages provide. Also, a textual interpretation, wherein a Babylonian sage asked an Israel sage how the schools in the Land of Israel interpret a verse in Proverbs. That interpretation is a story of the angel Gabriel rebuking God for being impatient with the Children of Israel, as compared to how he would have treated Abraham and Sarah. Plus, a comparable treatment of a verse in Job, presenting the "behind the scenes" decisions of God with regard to the Jewish people.
A page with 2 mishnayot! But first - more on the process of capital punishment, and specifically towards execution. Including, for example, who's property is used in putting the culprit to death? Plus, some numbing agent to make the experience less painful. Plus, important women donated that, but the question is who would pay for it, if the women did not come forward? (It seems public funds). So were executions as common as this question implies? Also, what happens if someone coms forward who has mitigating information, but is not able to speak? Also, the first mishnah: Proclaiming the verdict that will result in the execution, but would it be expected, Also, the other mishnah - including repentance. And the story of Achan. Where Joshua tells Achan to confess - and thereby acquire the World to Come.
Finishing the 5th chapter, and beginning the 6th, with a discussion of the blessing on the new moon -- a festive time. And a time of sanctification of the months: The is my God, and I will glorify him. Plus, defining what Rosh Chodesh is - the human involvement in calling the month. Also, the last discussion of chapter 5 - on an even vote to acquit, when there aren't the numbers needed for a guilty verdict - with the goal of a clear decision, perhaps preferable for lenient judges. Also, the 6th chapter -- on executions. Note that the execution becomes a mitzvah and therefore provides atonement for the individual in need of atonement... The new mishnah explains the process of what to do in the process of the beit din, for example, including one man with flags to wave down the sages for the sake of a potential stay of execution. Plus, the historical/biblical set-up of the camp.
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