*9.6 Makkos Daf 07 A (8 lines Up)*

*9.6 Makkos Daf 07 A (8 lines Up)**Summary**Rabbi Akiva* and *Rabbi Tarfon* in the _mishna_ (9.3) said: Had we merited being in the Sanhedrin, *no one would ever have been killed.**Rabbi Yochanan* and *Rabbi Elazar:* In a murder case they would ask “Perhaps the victim was *already mortally ill* before he was killed”.*Question:* What would they say *in a case of illicit relations°?**Abayye* and *Rava:* They would ask “Did you see the *peg entering the tube of Blue-stone?”* (A figurative way of saying ‘the penetration of the genitalia’).*Question:* It is indeed impossible to see, so *how did the sanhedrin punish* in such cases?*Answer:* By following the principle taught by *Shmuel:* If they’re lying *in the position of adulterers* , that’s enough._(Sanhedrin ended capital punishment 40 years before the churban because they foresaw the rise of the Tzedukim. It’s a possibility that Rabbi Akiva and Rabbi Tarfon wished to end capital punishment because of the same reason.)_______________° Tosfos: What about Shabbos and Avodah Zarah?Such sins are uncommonIf the sinner was mortally ill, it would make the testimony an “Eidus that cannot be _huzam”._ See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate