The Rabbinic World of ספק/Safek: An Introduction Talmud From the Balcony Session 1

(7) Similarly, with regard to one upon whom a rockslide fell, and there is uncertainty whether he is there under the debris or whether he is not there; and there is uncertainty whether he is still alive or whether he is dead; and there is uncertainty whether the person under the debris is a gentile or whether he is a Jew, one clears the pile from atop him. One may perform any action necessary to rescue him from beneath the debris. If they found him alive after beginning to clear the debris, they continue to clear the pile until they can extricate him. And if they found him dead, they should leave him, since one may not desecrate Shabbat to preserve the dignity of the dead.

...One who finds a slaughtered hen in the marketplace, and likewise, one who gave a hen to someone in the marketplace ot slaughter and does not know his status, we follow the majority...

The carcasses and [properly] slaughtered animals in a city follow the majority. Rabbi Shimon ben Gamliel says, even is but one carcass is sold in the city, all meat found in that city is [considered] a carcass because there are carcasses present.

(5) A city in which Israelites and non-Jews dwell together ...

(7) If one found [an abandoned] child there: If the majority [of the inhabitants] were non-Jews, it is considered a non-Jew; If the majority were Israelites, it is considered an Israelite; If they were half and half, it is also considered an Israelite. Rabbi Judah says: we must consider the majority of those who abandon their children.

If there is a city in which both Jews and gentiles reside, and one found an unidentified, abandoned baby in the city, if there is a majority of gentiles in the city the baby is deemed a gentile; if there is a majority of Jews in the city the baby is deemed a Jew. If half the population is gentile and half Jewish, the baby is deemed a Jew. And Rav said with regard to this mishna: The Sages taught that if there is a majority of Jews in the city the baby is deemed a Jew only with regard to sustaining him; however, with regard to lineage, e.g., marrying him to a Jewish woman, no, he is not deemed a Jew based on the majority and would require conversion. And Shmuel said: It was taught that he is deemed a Jew in order to create an opening in a heap of debris on his behalf on Shabbat, i.e., desecrating Shabbat in order to save his life. Apparently, contrary to the ruling of Rav Ḥiyya bar Ashi, Rav holds that a single majority is insufficient to deem him Jewish in matters of lineage.

What is "[based only on] conjecture"? [The judges say:] Perhaps you will say, "We saw him running after his fellow with a knife in his hand; [the victim] entered into a stor, [the pursuer] followed him into the store, and then we entered and found [the victim] killed, with the knife in the murderer's hand, dripping blood." Perhaps you will say, "with all of this, who killed him?"

Rabbi Shimon son of Shetach said as an oath: I will not see the consolation of Israel if I did not once see one person pursue another into a ruin, and I pursued him and saw a sword in his hand, dripping with blood, and the one who was ultimately killed was convulsing. And I said to him: Wicked person, who has killed this man? Either you or I. But what can I do, since your blood is not given over to me, as the Torah states: “At the mouth of two witnesses, or three witnesses, shall he that is to die be put to death” (Deuteronomy 17:6), and I did not witness you killing him. The One Who knows one’s thoughts shall punish this man who killed another. The Sages said: They did not move from there before a snake came and bit the murderer, and he died.

(5) How does the court intimidate the witnesses in giving testimony for cases of capital law? They would bring the witnesses in and intimidate them by saying to them: Perhaps what you say in your testimony is based on conjecture, or perhaps it is based on a rumor, perhaps it is testimony based on hearsay, e.g., you heard a witness testify to this in a different court, or perhaps it is based on the statement of a trusted person. Perhaps you do not know that ultimately we examine you with inquiry and interrogation, and if you are lying, your lie will be discovered. The court tells them: You should know that cases of capital law are not like cases of monetary law. In cases of monetary law, a person who testifies falsely, causing money to be given to the wrong party, can give the money to the proper owner and his sin is atoned for. In cases of capital law, if one testifies falsely, the blood of the accused and the blood of his offspring that he did not merit to produce are ascribed to the witness’s testimony until eternity. The proof for this is as we found with Cain, who killed his brother, as it is stated concerning him: “The voice of your brother’s blood [demei] cries out to Me from the ground” (Genesis 4:10). The verse does not state: Your brother’s blood [dam], in the singular, but rather: “Your brother’s blood [demei],” in the plural. This serves to teach that the loss of both his brother’s blood and the blood of his brother’s offspring are ascribed to Cain. The mishna notes: Alternatively, the phrase “your brother’s blood [demei],” written in the plural, teaches that that his blood was not gathered in one place but was splattered on the trees and on the stones. The court tells the witnesses: Therefore, Adam the first man was created alone, to teach you that with regard to anyone who destroys one soul from the Jewish people, i.e., kills one Jew, the verse ascribes him blame as if he destroyed an entire world, as Adam was one person, from whom the population of an entire world came forth. And conversely, anyone who sustains one soul from the Jewish people, the verse ascribes him credit as if he sustained an entire world. The mishna cites another reason Adam the first man was created alone: And this was done due to the importance of maintaining peace among people, so that one person will not say to another: My father, i.e., progenitor, is greater than your father. And it was also so that the heretics who believe in multiple gods will not say: There are many authorities in Heaven, and each created a different person. And this serves to tell of the greatness of the Holy One, Blessed be He, as when a person stamps several coins with one seal, they are all similar to each other. But the supreme King of kings, the Holy One, Blessed be He, stamped all people with the seal of Adam the first man, as all of them are his offspring, and not one of them is similar to another. Therefore, since all humanity descends from one person, each and every person is obligated to say: The world was created for me, as one person can be the source of all humanity, and recognize the significance of his actions. The court says to the witnesses: And perhaps you will say: Why would we want this trouble? Perhaps it would be better not to testify at all. But be aware, as is it not already stated: “And he being a witness, whether he has seen or known, if he does not utter it, then he shall bear his iniquity” (Leviticus 5:1)? It is a transgression not to testify when one can do so. And perhaps you will say: Why would we want to be responsible for the blood of this person? But be aware, as is it not already stated: “When the wicked perish, there is song” (Proverbs 11:10)?