Sanhedrin 58 – A non-Jew who hits a Jew

Talmud Quotes / By

A non-Jew Who Hits a Jew

The Quote

“”If a Goy hits a Jew, he must be killed.”

Sanhedrin 58b

The Reality

Here is the quote in it’s entirety:

א”ר חנינא עובד כוכבים שהכה את ישראל חייב מיתה שנאמר (שמות ב, יב) ויפן כה וכה וירא כי אין איש [ויך את המצרי] וגו’
 
Rabbi Ḥanina says: A gentile who struck a Jew is liable to receive the death penalty, as it is stated when Moses saw an Egyptian striking a Hebrew: “And he turned this way and that way, and when he saw that there was no man, he struck the Egyptian and hid him in the sand” (Exodus 2:12).

There are two important points to make here:

1.  This is one rabbi’s opinion.  

It is not the final law.  In fact, there is no death penalty for a non-Jew who hits a Jew.  If he does hit a Jew, he is subject to laws for damages, just the same as a Jew would be for hitting a non-Jew.  Elsewhere in Sanhedrin there are final lists of crimes that carry the death penalty.  A non-Jew hitting anyone is not on those lists.

It is important to remember that the Talmud is not Scripture or a law book where everything said therein is binding.  It is a record of debates and rabbinical sayings spanning centuries.  It often includes opinions that are outright rejected in the end.  

2.  Even Rabbi Hanina did not believe that a non-Jew who hits a Jew actually deserves the death penalty.  

Very often, in the Talmud, rabbis will use the expression “liable to the death penalty” as a tool to stress the importance of a concept.  An example of this can be found in Shabbos 114, where one rabbi expresses the opinion that a Torah scholar who has a stain on his clothing is liable to the death penalty.

Rabbi Hiyya is not suggesting that Torah scholars that have stains on their clothing are actually to be put to death.  What he is doing is exaggerating to emphasize a point — that it is important for a Torah scholar to maintain a clean and kempt appearance.  By saying that the person is “liable for the death penalty,” he is simply trying to stress the importance of the matter.  This is a common occurrence throughout the Talmud. 

Summary:

Summary