Pisqa’ 205¹

1

“Should you find a murder-victim” (Dt.21:1)—

but not at a time

when abandoned victims are plentiful.

On this basis they taught:

When murderers became common,

they abolished the rite of the Beheaded Calf.²

This was when Elazar b. Dinai showed up,

followed by Tekhinah b. Perishah.

Known also as “the Boy Wonder,”

he became notorious as “the Son of the Murderer.”³

“A murder victim” (Dt.21:1)—stabbed, but not strangled

“A murder victim” (Dt.21:1)—but not still writhing.

“On the ground” (Dt.21:1)—but not buried under debris.

“Fallen” (Dt.21:1)—but not hanging from a tree.

“In a field” (Dt.21:1)—but not floating in the water.⁴

“Which HASHEM your God is giving you” (Dt.21:1)—

including murder victims found in the Trans-jordan.⁵

2

R. Elazar says:

They used to behead the calf

for any abandoned murder victim.

Said R. Yose b. R. Judah to him:

Now, if he was only strangled

and then abandoned in a field,

would they conduct the rite?

No, they would behead the calf

only for stabbing victims.⁶

“And no one knows who stabbed him” (Dt.21:1).

Thus—if it is known who stabbed him,

and even of one [of the elders ] had only seen him,

they would not conduct the rite.

R. Akiva says:

How do I know that

if the court witnessed the murder,

but could not identify the assailant,

they would not conduct the rite?

The Teaching states:

“Our hands have not spilled this blood!

Neither have our eyes seen it!” (Dt.21:7).⁷

3

“Then, your elders shall go out” (Dt.21:2)—

the plural, elders, implies two.

“And your justices” (Dt.21:2)—

here are two more.

Now, a court cannot yield a split decision,

so they add one more justice,

and now there are five:

words of R. Judah.⁸

R. Shimon says:

“Your elders and your justices” (Dt.21:2)—

one of each, yielding two.

Now, a court cannot yield a split decision,

so they add one more justice,

And now there are three!⁹

4

“And they measured to the cities” (Dt.21:2)—

measuring from the victim to the cities,

but not from the cities to the victim.

On this basis they taught:

If his head was found lying in one place,

and his body was found lying in another place,

they bring the head to the body:

words of R. Eliezer.

R. Akiva says:

They bring the body to the head! ¹⁰

If the victim is found close to

the border [of a gentile population],

or near a city where there are gentiles,

or near a city in which there is no [Israelite] court,

they would not measure to these cities.

They measure only to one

In which there is an [Israelite] court.¹¹

1. H:220-221; JN2:98-100.
2. =M. Sotah 9:9; T. Sotah 14:1.
3. =M. Sotah 9:9. For details about the traditions of these obscure figures, see Albeck, 3:392-393, and Josephus, Antiquities XX 6.
4. =M. Sotah 9:2.
5. //T. Sotah 9:1.
6. Cf. T. Sotah 9:1.
7. CF. T.Sotah 9:2.
8. //M. Sotah 9:1.
9. Cf. M. Sotah 9:1.
10. = M. Sotah 9:3.
11. Cf. T. Sotah 9:1.