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Tractate of the Talmud
Sanhedrin
(
???????
) is one of ten tractates of Seder
Nezikin
(a section of the
Talmud
that deals with damages, i.e. civil and criminal proceedings). It originally formed one tractate with
Makkot
, which also deals with criminal law. The
Gemara
of the tractate is noteworthy as precursors to the development of
common law
principles, for example the presumption of innocence and the rule that a criminal conviction requires the concurrence of twelve.
Summary of Sanhedrin
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]
Within Seder Nezikin, the Sanhedrin focuses on questions of jurisdiction,
criminal law
and punishments. The tractate includes eleven chapters, addressing the following topics:
- The different levels of courts and which cases each level presides over
- Laws of the high priest and Jewish king and their involvement in court proceedings
- Civil suits: acceptable witnesses and judges and the general proceedings
- The difference between criminal and civil cases, general proceedings in criminal cases
- Court procedures, including examination of witnesses and the voting of the judges
- Procedures for execution after condemnation, especially stoning
- The 4 types of capital punishments, details of crimes which merit stoning (in fact stoning was only actually done if the convict survived being dropped off a 5-meter cliff first)
- The rebellious son, and other crimes for which the offender is killed before committing the actual prohibition, and the commandments which Jews are to
die before violating
.
- Details of crimes meriting capital punishment by burning (actually the pouring of hot lead down the throat, the
Sadducee
heretics instead used burning at the stake) or beheading; auxiliary punishments
- Details of crimes meriting capital punishment by strangulation (i.e. hanging)
- The
World to Come
and who does not receive it. This chapter is known individually by
Helek
, one of its opening words.
This is the order found in the Gemara, but the Mishna has the last 2 chapters reversed in order.
Chapter 3: Civil suits
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]
Disqualified witnesses: Gamblers, usurers, those who engage in commerce with sabbatical year produce.
[
citation needed
]
External links
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The Six Orders of the
Mishnah
(
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)
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