דף הביתשיעוריםSanhedrin

Sanhedrin 107

נושא: Sanhedrin




Sanhedrin 107

BET MIDRASH VIRTUALI
of the Rabbinical Assembly in Israel


RABIN MISHNAH STUDY GROUP

Bet Midrash Virtuali
TRACTATE SANHEDRIN, CHAPTER EIGHT, MISHNAH TWO:
מֵאֵימָתַי חַיָּב? – מִשֶּׁיֹּאכַל טַרְטֵימַר בָּשָׂר וְיִשְׁתֶּה חֲצִי לֹג יַיִן הָאִיטַלְקִי. רַבִּי יוֹסֵי אוֹמֵר: מָנֶה בָשָׂר וְלֹג יָיִן. אָכַל בַּחֲבוּרַת מִצְוָה, אָכַל בְּעִבּוּר הַחֹדֶשׁ, אָכַל מַעֲשֵׂר שֵׁנִי בִּירוּשָׁלַיִם, אָכַל נְבֵלוֹת וּטְרֵפוֹת, שְׁקָצִים וּרְמָשִׂים, אָכַל דָּבָר שֶׁהוּא מִצְוָה וְדָבָר שֶׁהוּא עֲבֵרָה, אָכַל כָּל מַאֲכָל וְלֹא אָכַל בָּשָׂר, שָׁתָה כָל מַשְׁקֶה וְלֹא שָׁתָה יַיִן – אֵינוֹ נַעֲשֶׂה בֵן סוֹרֵר וּמוֹרֶה עַד שֶׁיֹּאכַל בָּשָׂר וְיִשְׁתֶּה יַיִן, שֶׁנֶּאֱמַר: "זוֹלֵל וְסֹבֵא". וְאַף עַל פִּי שֶׁאֵין רְאָיָה לַדָּבָר זֵכֶר לַדָּבָר, שֶׁנֶּאֱמַר: "אַל תְּהִי בְסֹבְאֵי יָיִן בְּזֹלְלֵי בָשָׂר לָמוֹ":

At what point does he become culpable? When he eats a Tartemar of meat and half a Log of Italian wine. Rabbi Yosé says that it is a Maneh of meat and one Log of wine. He will not be defined as a "riotous and rebellious son" if he consumed these items as part of a religious feast, at the [feast accompanying the] intercalation of the month, if they were Second Tithe being consumed in Jerusalem, if they were not Kosher, if they consisted of reptilia or insects, if he consumed something that is both a Mitzvah and also a sin, and if he consumed any food but meat and any liquid but wine. He has to consume meat and wine, for it is written "over-drinking and over-eating" [Deuteronomy 21:20]. The verse "Do not be one of those who over-drink wine and over-eat meat [Proverbs 23:20] is a hint at this even if it is not a proof.

EXPLANATIONS:

1:
Having limited the application of the Biblical law as regards the sex and age of the offender, the sages now seek to limit the application of the Biblical law as regards the sin itself. The casual reader of the Biblical text will assume that the sin of the riotous and rebellious son is that he disobeys his parents. When they sue him in court they say "This son of ours is riotous and rebellious and will not obey us, over-drinking and over-eating". It seems that the "over-eating and over-drinking" are examples of his disobedience. The sages do not take this tack. They understand the parents as defining the area of their son's disobedience: he defies them by over-eating and by over-drinking.

2:
This means that the path to limitation now becomes a veritable highway. What does this son eat? What does he drink? The Reisha [first section] of our mishnah provides the answer: he eats meat and drinks wine. The interpretation that the over-drinking involves wine is a logical consequence of the Hebrew verb used by the Torah, which invariably indicates intoxication by wine. But even the sages themselves admitted that they had no real justification for limiting the "over-eating" to the consumption of meat. At the very end of our mishnah they lamely quote a verse from Proverbs that links "over-eating" with meat. But they admit that this is no proof that this was the intention of the Biblical text, it is merely a support for their interpretation of that text.

3:
The sages must now define how much constitutes "over-eating" meat and "over-drinking" wine. The amount of meat consumed is defined as Tartemar. This is a word borrowed from the Greek Τριταμηριον, which is an amount which we can colloquially translate as "a thirder" – i.e. one third of the major unit. When the sages use this term they mean it to indicate one third of a Maneh. In modern terms the Tartemar is probably the equivalent of about 100 grams of meat. This is a modest amount, which is probably why Rabbi Yosé, in our mishnah, seeks to augment the amounts; however, of course, halakhah follows Tanna Kamma. The Log is about 275 cc's, thus half of one Log (Tanna Kamma) would be about twice the minimal amount of wine to be drunk at Kiddush. (The Gemara [Sanhedrin 70a] adds further qualifications, such as that the meat must only be rare, neither raw nor fully cooked, but these added limitations need not detain us here.)

4:
These amounts are very modest. (The consumption of only 100 grams of meat by someone on a reducing diet would delight a dietitian – though I suppose they would not approve of the 150 cc's of wine.) It is probably this that prompts Rabbi Shim'on ben-Yoĥai to ask incredulously [Gemara Sanhedrin 71a]:

And just because this youngster ate 100 grams of meat and drank 150 cc's of Italian wine, his parents will have him executed!? There has never been such a case and there never will be! So why was it included [in the Torah] at all? – to get the reward for interpreting it!

5:
Our mishnah now brings a list of occasions when even if the youngster meets the required limitations he is nevertheless not a "riotous and rebellious son". If the items were consumed as part of a religious feast (Circumcision, Wedding etc) they may not be included. If they were consumed as part of the public feast given by the Sanhedrin to honour the witnesses whose evidence determined the new moon, they may not be included. These exceptions are, presumably, because everyone else is doing the same thing, so how could he be in disobedience to his parents? If he consumes meat and wine not permitted him by Torah law they may not be included: he becomes "riotous and rebellious" for disobeying his parents, not the Torah [Gemara Sanhedrin 70b].

6:
I should note parenthetically that some editions of our mishnah contain a short segment that does not really belong there. Although it is quoted in the Babylonian Talmud, I have omitted it, in accordance with the text found in the Talmud of Eretz-Israel.

7:
At the end of our last shiur I gave a resumé of what the sages had done with the Biblical text. I shall now repeat it and add to it.

Having circumscribed some of the parameters mentioned in the biblical text, the sages have now reduced the applicability of the text as follows:

If a man has a riotous and rebellious son [but not daughter, and who happens to be between the ages of 13 years and 13 years and three months] who disobeys his parents [by consuming 100 grams of rare-cooked meat together with about 150 cc's of half-diluted wine] …

DISCUSSION:

Marc Kivel writes:

Having come in a bit late to RMSG, a few questions:

  • Is there a particular English translation of the Mishnah that's being used or that you'd recommend?
  • Where you quote Gemara, are you using a particular translation/commentary?
  • Is there any intention to compile and redact these shiurim into texts for wider distribution and study – say, in adult education groups?

I respond:

All the translations are done by myself. To translate the language of the sages successfully (Midrash, Mishnah, Gemara) is an impossible task. Look upon them, rather, as a rendition designed to make the text as approachable as possible to the modern English-speaker, while still remaining within the general parameters of translation.

I am at present working on a project (under the general auspices of the Rabbinical Assembly in Israel) that will make RMSG and many other topics of study available from the Internet, with graphics and so forth – a Virtual Bet Midrash. These shiurim will eventually be fully indexed. In all probability I shall try to make each tractate available also on CD when it is completed. I hope that the Virtual Bet Midrash will open some time during the coming months. It is taking up a lot of my time (which is one of the reasons I have not been able to post as many RMSG shiurim as I would wish). There is a wonderful and dedicated group of computer experts (all also committed Masorti Jews) who are advising me all along the way. The only thing that is greatly lacking is money… Like the "riotous and rebellious son", RMSG has never existed in book form and will never exist in book form – it would lose its very soul.


Richard Friedman writes:

In Sanhedrin 106, you made a statement "by the way" that I found striking. You said that, compared with the literal meaning of the biblical text, the sages were liberal in their outlook (though I do not think that this was their conscious intent). It's the parenthetical that struck me. So much of what one hears from Jews (both scholar and lay) outside the Orthodox community makes the first statement and at least implies that liberalization (here, minimization of the domain of capital punishment) was their intent.

I respond:

I believe that the sages were unintentional liberals. Their conscious intent was to elucidate Torah according to the tradition passed on to them and by them "ever since Sinai". It is what motivated the direction that their elucidations took that indicates their liberality of outlook. I believe that they had an awareness that they were changing the Written Torah beyond all recognition, but that they believed that this was the true intent of the text in the first place. They did not feel that they were interpolating their own views into Torah; they felt that they were extrapolating from the Torah what was there all the time. What we may think about what they thought is another issue…




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