R. Judah said, "that was an abuse; they only rested his head on a block, and hewed it off with an axe." The Sages replied to him, " no death is a greater abuse than that." The order for those strangled was that they were sunk down in dung to their knees, and then a hard towel was put inside a soft one, and encircled the victim's neck. One pulled on one side, and another pulled on the other side, till his soul departed.

4. These were stoned; a blasphemer, and an idolater, and he who gave his seed to Molech, and one with a familiar spirit,32 and a wizard, and he who profaned the Sabbath, and he who cursed father or mother, and he who came to a betrothed maid, and an enticer to idolatry, and a withdrawer to idolatry, and a sorcerer, and a son stubborn and rebellious.

5. The blasphemer was not guilty till he expressed the Name. Said R. Joshua, the son of Korcha, every day they examined the witnesses under a substituted (feigned) name, for example, "José shall beat José." When the judgment was finished, they could not execute him under the nickname, but they withdrew all men outside, and interrogated the principal witness, and said to him, "tell us clearly what thou hast heard," and he said it. And the judges stood up on their feet, and rent their garments, and they were never sewn again. And the second witness said, even I heard as he," and the third said, "even I heard as he."

6. One committed idolatry, whether he served the idol, or sacrificed to it, or burned incense to it, or made a libation to it, or bowed down to it, or accepted it for his god. And also, he who said to it, "thou art my God." But he who embraced it, and kissed it, and honored it, and dusted it, and washed it, and anointed it, and dressed it, and put shoes on it, transgressed a negative command. He who vowed

32 The words in the original, Baal Aob, are supposed by some to denote a ventriloquist, as such persons are called in the LXX. 'Eggastrimuthoi, and also from Aob, meaning a "bottle or stomach." Aob seems, however, much more likely to be allied to the Coptic word for a "serpent or "python."

in its name, and performed the vow in its name, transgressed a negative command. "He exposed himself to Baal peor?" "That is positive service." "He cast a stone to Mercury?" "That is positive service."

7. He who gave his seed to Molech 33 is not guilty till he hand it to Molech, and pass it through the fire. "If he hand it to Molech, and do not pass it through the fire, or if he passed it through the fire, and did not hand it to Molech?" "He is not guilty till he hand it to Molech, and pass it through the fire." One has a familiar spirit, when the python speaks from his arm. But the wizard speaks with his mouth. These are to be stoned, and inquiry from them is forbidden.

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8. He who profaned the Sabbath by aught which renders him guilty of presumption is to be cut off; 3 but if he profaned the Sabbath in error, a sin-offering is required from him. He who cursed father or mother is not guilty till he curse them by the Name. "If he curse them with a substituted name of God?" R. Meier pronounces him "guilty"; but the Sages" free him."

9. "If one came to a betrothed maid?" "He is not guilty, except she be a virgin and betrothed, and in the house 33 The image of Molech was made of brass. It was hollow within and heated with fire outside. It stood in the valley of Hinnom without the walls of Jerusalem. Kimchi says the image of Molech contained seven chapels. These chapels are supposed by some to represent the seven planets. In the first chapel flowers were offered; in the second, turtle doves or young pigeons; in the third, lambs; in the fourth, rams; in the fifth, calves; in the sixth, oxen; "but whosoever offered his son, they opened to him the seventh chapel." The face of Molech was like the face of a calf, and the image stretched forth its hands as a man who opens his hands to receive something of his neighbor." "They kindled the image with fire, and the priests took the babe and put it into the hands of Molech, and the babe gave up the ghost." They called it Tophet, because they made a noise with drums (tophim), that the father might not hear the screams of his child and have pity upon him. And they called it Hinnom, because the child roared (menahem) in his anguish. Others say it was called Hinnom, because the priests used to say, "May it profit thee may it be sweet to thee."

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34 Cutting off is generally supposed to have extended to the family as well as the guilty person. It seems to have included the future as well as the present life.

of her father."

"If two came to her?" stoned and the second strangled."

"The first is to be

"This ordinary man

10. "The enticer to idolatry?" enticed an ordinary man; he said to him, 'there is an object of fear in such a place, so it eats, so it drinks, so it does good, so it does evil.'" Of all who are guilty of death in the law, we are not to set witnesses in concealment to convict them, except in this case of an enticer to idolatry. When he has spoken of his idolatry to two persons, they as witnesses bring him to the judgment-hall, and stone him. If he spoke thus to one, this one replies, "I have companions who desire to hear so and so." "If he be cunning, and he does not speak before them?" "Witnesses are concealed behind a wall, and he says to the idolater, tell me what thou saidst to me alone,' and the idolater told him. And he replied to him, 'how can we leave our God, who is in heaven, and go and serve wood and stone?"" "If the idolater returned from his sin, it is well; but if he said, 'so is our duty, and so it is excellent for us,' they who stood behind the wall bring him to the judgment-hall, and stone him; if he said, 'I shall serve, I shall go and serve, let us go and serve; I will sacrifice, I will go and sacrifice, let us go and sacrifice; I will burn incense, I will go and burn incense, let us go and burn incense; I will pour a libation, I will go and pour a libation, let us go and pour a libation; I will bow down, I will go and bow down, let us go and bow down' the withdrawer is he who says, 'let us go and serve idols.'"

11. The sorcerer, who has done the act, is guilty of death, but he is not guilty who merely deludes the eyes. R. Akiba said in the name of R. Joshua, "two sorcerers can gather cucumbers one gathers them and is free, but another gathers them and is guilty. He who has performed the act is guilty. He who has merely deluded the eyes is free."

CHAPTER VIII

1. A son stubborn and rebellious.35

"From what time is

he decidedly a son stubborn and rebellious?" "From the time the two hairs have come, and up to the time the beard has sprouted; but the Sages spoke in modest language. As is usually said, when a man has a son a son, but not a daughter; a son, but not a man; a child as yet free from coming under the rule of the commandments.”

2. "From what time is he guilty?" "From the time he ate three-quarters of a pound of flesh, and drank half a log of Italian wine." R. José said, "a pound of flesh and a log of wine." "He ate it in an appointed feast; he ate it in the intercalary month; he ate it during the second tithes in Jerusalem; he ate of a carcass and of things torn, abominable things and creeping things; he ate of that which had not paid tithes, and the first tithes before the heave-offering was separated from them, and the second tithes and holy things which were not redeemed; he ate of a thing which is commanded, and of a thing which is a transgression; he ate every kind of meat, but he did not eat flesh; he drank every kind of fluid, but he did not drink wine?" "He is not a son stubborn and rebellious till he eat flesh and drink wine," as is said, "A glutton and a drunkard; " 36 and even though there is no conclusive evidence, there is a memorial to the matter, as is said, "Be not among winebibbers; among riotous eaters of flesh." 37

3. "If he steal it from his father, and eat it, with permis sion, on the property of his father; from others, and eat it on the property of others; from others, and eat it on the property of his father?" "He is not a son stubborn and rebellious till he steal it from his father and eat it on the property of others." R. José, the son of R. Judah, said, "till he steal it from his father and from his mother."

4. "If his father desires his punishment, and his mother does not desire it; his father does not desire it, and his mother 37 Prov. xxiii. 20.

35 Deut. xxi. 18.

36 Deut. xxi. 20.

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does desire it?" He is not declared a son stubborn and rebellious until both of them desire it." R. Judah said, "if his mother was not suitable for his father, he is not declared a son stubborn and rebellious." "One of them was brokenhanded, or lame, or dumb, or blind, or deaf?" "He is not declared a son stubborn and rebellious," as is said, Then shall his father and his mother lay hold on him,' 38 which is impossible if they be broken-handed; and bring him out,' which is impossible if they be lame; and they shall say,' which is impossible if they be dumb; 'this our son,' which is impossible if they be blind; he will not obey our voice,' which is impossible if they be deaf. They must warn him before three judges, and then flog him." "He returned to his bad habits?" "He is to be judged before twenty-three judges, but he is not to be stoned till the three first judges are present, as is said, 'this our son' who was flogged before you." "He ran away before his judgment was finished, and afterward came to puberty?" "He is free." "But if he ran away after the decision and then came to puberty?" "He is guilty."

5. A son stubborn and rebellious is judged for the sake of his future prospects. The law says, "better die when he is innocent, and not die when he is guilty." The death of the wicked is pleasant for them, and pleasant for the world; but the death of the righteous is evil for them, and evil for the world. Wine and sleep are pleasant to the wicked, and pleasant to the world; but for the righteous, it is evil for them, and evil for the world. Separation for the wicked is pleasant for them, and pleasant for the world; but for the righteous, it is evil for them, and evil for the world. Union for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world. Rest for the wicked is evil for them, and evil for the world; but for the righteous, it is pleasant for them, and pleasant for the world.

6. If one engaged in burglary, he is judged for the sake of his future prospects. "He engaged in burglary and broke

38 Deut. xxi. 19, 20.