Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-g7rbq Total loading time: 0 Render date: 2024-08-05T09:12:24.366Z Has data issue: false hasContentIssue false

17 - Palginan be-dibbura: admission of part of a testimony even though another part of the same testimony is rejected

Published online by Cambridge University Press:  06 January 2010

Get access

Summary

The sugya is Sanhedrin 9b–10a and is in the form of a discussion around legal statements of the fourth-century Babylonian Amoraím R. Joseph and Rava. The term palginan be-dibbura means literally: ‘we (i.e. the Court or the Rabbis) divide up the word (e.g. of a witness's testimony)’. According to the Rabbinic interpretation of Deuteronomy 24: 16, the testimony of a man against his own near relative, his karov, is unacceptable, i.e., if a father testifies that his son has committed a crime that testimony is rejected. Again, according to the Rabbinic interpretation of: ‘put not thine hand with the wicked to be an unrighteous witness’ (Exodus 23: 1), a ‘wicked’ person, i.e. one who has committed a crime, cannot serve as a witness. Now it is held that a man is a karov (a ‘near relative’) to himself and consequently a man's confession that he has committed a crime is also rejected. If, therefore, a man testified in Court together with another (two witnesses being required in a criminal charge) that he has committed a crime, his own testimony against himself is rejected so that only one witness remains and he cannot be convicted. Supposing, now, A and B testify that C has committed sodomy with A and with A's consent so that A's testimony is, in fact, that he himself is ‘wicked’. Obviously, as above, A cannot be convicted on his own testimony, but can his testimony together with that of B serve to convict C? Since his testimony against himself is rejected he is not ‘wicked’ and, therefore, his testimony that C has committed sodomy is accepted.

Type
Chapter
Information
The Talmudic Argument
A Study in Talmudic Reasoning and Methodology
, pp. 168 - 173
Publisher: Cambridge University Press
Print publication year: 1984

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×