Most of the mishnah currently under discussion is concerned with how a court should intimidate witnesses in capital cases to prevent false or uncertain testimony. But the final passage acknowledges that these efforts could have the opposite effect, deterring someone with relevant information from testifying because it’s too troublesome, or because they fear the consequences even if their testimony is true. The mishnah envisions one possible exchange:
And perhaps you (the witnesses) will say: Why would we want to be responsible for the blood of this person? But is it not already stated: “When the wicked perish, there is song” (Proverbs 11:10)?
The mishnah has just explained the necessity of emphasizing to potential witnesses the preciousness of human life. The witnesses might then think that this overrides the need to testify, even against someone who has undoubtedly done a wicked deed. Therefore, the court is counseled to inform the witnesses that the downfall of a wicked person is cause for celebration.
On today’s daf, the Gemara picks up on this notion of a celebratory song when the wicked perish by citing a verse from I Kings concerning the death of the evil king Ahab, where it describes the people bursting out in song; this, they suggest, is the song referred to in Proverbs.
It seems as though our texts prescribe joy at evil people’s destruction. The Gemara poses a theological question:
But is the Holy Blessed One gladdened by the downfall of the wicked? Isn’t it written: “He appointed them that should sing unto the Lord, and praise in the beauty of holiness, as they went out before the army, and say: Give thanks to the Lord, for His mercy endures forever” (II Chronicles 20:21). And Rabbi Yonatan says: For what reason is it not stated in this praise: “Give thanks to the Lord for He is good, for His mercy endures forever.” Because the Holy Blessed One is not gladdened by the downfall of the wicked.
In the verse cited in II Chronicles, Jehoshaphat appoints singers to accompany his troops as they go out to war. Rabbi Yonatan notes that the verse includes nearly identical language to a line found in Psalms, save for the reference to God’s goodness. This, he asserts, is because while God may orchestrate the downfall of the wicked, God doesn’t rejoice in their destruction.
What follows is perhaps one of the Gemara’s most famous teachings, one often referenced at Passover seders:
As Rabbi Shmuel bar Nahman says that Rabbi Yonatan says: What (is the meaning of that) which is written: “And the one came not near the other all the night” (Exodus 14:20)? At that time the ministering angels desired to recite a song before the Holy Blessed One. The Holy Blessed One said to them: My handiwork (i.e., the Egyptians) are drowning in the sea, and you are reciting a song before Me?
In this oft-recited midrash, the angels desire to sing while the Egyptians, in hot pursuit of the fleeing Israelites, are drowned in the Red Sea. But God refuses their jubilation, insisting that even the death of the Egyptians is worth mourning. If God finds no joy in even the wicked’s downfall, then how can we say it should be celebrated with song?
A resolution is proposed:
Rabbi Yosei bar Hanina said: God does not rejoice, but God causes others to rejoice, as it is written: “So the Lord will rejoice [ken yasis]” (Deuteronomy 28:63). And it is not written: Will have joy [yasus].
God does not rejoice at the wicked perishing; however, this isn’t meant to be a paradigm for human behavior. Crucially, in the midrash cited above, God stops the angels from singing, but does nothing to prevent the Israelites breaking out in joyous song as they reach the far shore and watch the Egyptians drown. God acknowledges that it is a normal human response to rejoice at the downfall of an oppressor; the Israelites, as the Egyptians’ victims, are allowed to celebrate both the destruction of the Egyptians and their own salvation. But the angels, like God, are not victims of any wicked humans, so they are not permitted to delight in the death of anyone, even of the wicked.
Read all of Sanhedrin 39 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on January 25, 2025. If you are interested in receiving the newsletter, sign up here.
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