Q&A: A Hidden Scroll
A Hidden Scroll
Question
Hello Rabbi Michi,
It is written in the Talmud, in tractate Shabbat, that Isi ben Yehuda found in a hidden scroll that for one of the categories of labor on the Sabbath, one does not receive execution by a religious court, and it is not known which labor it is. If so, how did they ever impose court-administered executions, since a religious court does not execute in a case of doubt?
Answer
Tosafot on 6b wrote that this speaks about stoning, not about the sin-offering. And with regard to stoning, perhaps according to his view it really is impossible to stone. Aharon Shemesh argues that court punishments were never actually practiced. And indeed the Talmud there brings several examples of cases in which people were punished, and proves that with regard to those cases there was in fact no doubt of Isi's kind. As for all the other categories of labor, the Talmud could not find an example of someone being punished for them.
And perhaps one can follow the majority, since for most categories of labor there is punishment. Moreover, the clear law is that one does punish, and if someone wants to exclude one category of labor, the burden of proof is on the one making that claim.
Discussion on Answer
In capital cases we most definitely do follow the majority. See here briefly:
https://www.etzion.org.il/he/%D7%94%D7%9C%D7%99%D7%9B%D7%94-%D7%90%D7%97%D7%A8-%D7%94%D7%A8%D7%95%D7%91-%D7%91%D7%93%D7%99%D7%A0%D7%99-%D7%A0%D7%A4%D7%A9%D7%95%D7%AA
Thank you very much, Rabbi, for the interesting answer. Aharon Shemesh's claim is indeed novel; I'd be glad to read his article and will look for it. I am indeed asking because it is clear from the Talmud that this is about stoning and not about the sin-offering. I do not understand why the honorable Rabbi thinks one can follow the majority here. After all, in the end regarding almost every category of labor we have a doubt that perhaps it is that one identified by Isi ben Yehuda, and in capital cases we do not follow the majority (as it is written, "and the congregation shall save").