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Sanhedrin 28

SANHEDRIN 28 (3 Cheshvan) - dedicated l'Iluy Nishmas Malka bas Menashe (and Chana) Krause, in honor of her second Yahrzeit, by her daughter Gitle (Bekelnitzky). Under both material and spiritual duress, she and her husband raised their children in the spirit of our fathers, imbuing them with a love for Torah and Yiddishkeit. Her home was always open to the needy, even when her family did not have enough to feed themselves.

1a) [line 9] SHELOSHAH ACHIN V'ECHAD MITZTAREF IMAHEN (CHAZAKAH: CHEZKAS SHALOSH SHANIM) - three brothers and one other person who combines with [each of] them, [one brother and the non-relative testifying for each year of the Chezkas Shalosh Shanim]
(a) A person who claims to have bought a house, a field, an olive press, etc. from another person, but has no proof of purchase may, nevertheless, support his claim with a "Chazakah." A Chezkas Shalosh Shanim (a "Chazakah of three years") means that he has proof (witnesses) that he has been living in the house or working on the land for three years as an owner normally would, and his opponent has no witnesses to attest to the fact that he voiced any Mecha'ah (objection) during those three years. This Chazakah serves as proof to the claim that he bought the house or land.
(b) A Chezkas Shalosh Shanim works only if he makes a claim along with it. For example, he must claim when he appears in court that he inherited the house or that he bought the field and lost any documents attesting to his ownership. Once he makes the claim, the witnesses who attest to his Chezkas Shalosh Shanim are effective to uphold his possession of the field.

b) [line 10] HAREI ELU SHALOSH EDUYOS - these are considered three separate testimonies and are not disqualified because the brothers are related to each other

c) [line 10] V'HEN EDUS ACHAS L'HAZAMAH - and they are considered to be one testimony with regard to Hazamah. That is, in order to disqualify and punish them as Edim Zomemim (see Background to Sanhedrin 27:1), *all* of them together must be found to be Edim Zomemim, since the testimony of each pair of witnesses is effective (in granting ownership of the land through a Chezkas Shalosh Shanim) only when all three testimonies are combined.

2) [line 22] MISHPAT HA'SHAVEH LACHEM - the law which is uniform to you. That is, the Torah says, "Mishpat Echad Yiheyeh Lachem" - "There shall be one law for all of you" (Vayikra 24:22), from which the Gemara derives that certain elements of the implementation of the law in Dinei Nefashos (monetary cases) and in Dinei Nefashos (cases of corporal punishment) should be uniform.

3a) [line 23] ACHI ABA LO YA'ID LI, HU U'VENO VA'CHASANO - my father's brother may not testify for me, he nor his son nor his son-in-law
b) [line 24] AF ANI LO A'ID LO, ANI U'VENI VA'CHASANO - so, too, I may not testify for him (my father's brother), I nor my son nor my son-in-law

4) [line 25] HAVAH LEI SHELISHI B'RISHON - it is a third generation (my son) testifying for a first generation (my father's brother)

5a) [line 26] SHENI B'SHENI - a second generation may testify for a second generation (e.g. I may testify for the son of my father's brother (my first cousin))
b) [line 26] SHENI B'RISHON - a second generation may testify for a first generation (e.g. I may testify for my father's brother (my uncle))

6) [line 42] TANA TUNA - the Tana of our Mishnah also taught
7) [last line] RAV IKLA L'MIZBAN GEVILEI - (a) Rav traveled to buy parchment (RASHI); (b) Rav traveled to [a town called] Mizban Gevilei (Yerushalmi, cited by MARGOLIYOS HA'YAM; presumably the town was named as such because of a parchment market there)


8) [line 9] ACHI HA'ACH - the [half brother of one's [half] brother (this refers to one's step-brother with whom he shares no common parent)

9) [line 15] KI ACHLA L'DANA - like the covering of a barrel (which has no semblance to the barrel (RASHI), or which is not attached to the barrel but which is merely placed on top (ARUCH); i.e. there are not considered to be related at all

10) [line 16] ISHTO ARUSAH - his wife, who is only betrothed to him (through Eirusin); see Background to Kidushin 2:1

11a) [line 17] L'APUKEI MINAH - to take away [money] from her [in the court case and give it to the claimant]

b) [line 17] L'AYULEI LAH - to give [money] to her [in the court case]

12) [line 19] LO ONEN - he may not become an Onen [for her if she dies] (ANINUS - The Halachic status of a mourner immediately after a close relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen Onen is prohibited from doing the Avodah in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim, Terumah and Ma'aser Sheni.
(b) For additional laws of Aninus, see Background to Bava Kama 110:7.
(b) Our Gemara teaches that a Kohen does *not* become an Onen when his Arusah dies (see above, entry #10), and thus he may still eat Kodshim.

13) [line 19] V'LO MITAMEI LAH
(a) The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to handle the burial of certain relatives. Those relatives are the Kohen's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).
(b) Our Gemara teaches that a Kohen may *not* handle the burial of his Arusah (see above, entry #10).
(c) If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she married him as a minor after her father died), her husband is allowed and required to handle her burial. (The Gemara concludes that the Kohen is actually permitted to bury her mid'Oraisa, even though she is only married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her nobody else will handle her burial, and therefore she is like a Mes Mitzvah -- see Insights to Yevamos 89b.)
(d) The prohibition to come into contact with a corpse applies only to male Kohanim who are not Chalalim. (However, immediately before, and during, the three pilgrimage holidays (Pesach, Shavuos and Sukos), every Jew, male or female, is commanded to be Tahor -- RASHI, Yevamos 29b DH v'Lo Mitames.) The positive command to handle the burial of the seven relatives mentioned above (a) applies not only to Kohanim, but to all Jews.

14) [line 19] V'LO MITAM'AH LO - she is not required to become Tamei by handling his burial (see previous entry; RASHI explains that this is Lav Davka, as a female Kohen (the daughter of a Kohen) is not prohibited from becoming Tamei)

15) [line 20] MESAH, EINO YORSHAH (YERUSHAH: HA'BA'AL YORESH ES ISHTO NESU'AH V'LO ARUSAH) - if she dies, he does not inherit her
(a) A husband is entitled to inherit his wife's estate upon her death. The Tana'im argue as to whether the inheritance of a wife's estate by her husband is mid'Oraisa or mid'Rabanan. According to those who rule that it is mid'Rabanan, the Torah law dictates that her estate go to her sons, her father or to her closest blood relative. The Rabanan gave her inheritance to her husband using the power of "Hefker Beis Din Hefker" (see Background to Yevamos 89:13).
(b) According to the Tana'im who rule that the inheritance of the husband is mid'Oraisa, it is learned from the verse, "li'She'ero ha'Karov Eilav mi'Mishpachto, v'Yarash Osah" - "[And if his father has no brothers, then you shall give his inheritance] to his next of kin from his family, and he shall possess it..." (Bamidbar 27:11). Chazal interpret the words "v'Yarash Osah" as applying to his wife, "and he shall inherit *her*." For this purpose, one of the Amora'aim rearranges the verse to read, "l'Karov Eilav mi'Mishpachto, She'ero v'Yarash Osah" - "[then you shall give his inheritance] to his next of kin from his family; and his wife, he shall inherit her" (Bava Basra 111b).
(c) A man does not inherit his wife who is only an Arusah (see above, entry #10).

16) [line 20] MES HU, GOVEH KESUVASAH - if he dies, she collects her Kesuvah
17) [line 20] BI'"SHE'ERO" TALAH RACHMANA - the Torah made it (the laws of Tum'ah (for a Kohen) and Yerushah) dependant upon her being "She'ero," his close relative

18) [line 35] ZIL KANYEI B'EDEI MESIRAH K'REBBI ELAZAR - go and acquire it (the Shtar) through Edei Mesirah (witnesses who testify that the Shtar was given to you in front of them), in accordance with the view of Rebbi Elazar (EDEI MESIRAH KARSEI / EDEI CHASIMAH KARSEI)
(a) Rebbi Meir and Rebbi Elazar argue with regard to which witnesses make the Shtar take effect. Rebbi Elazar maintains that Edei *Mesirah* Karsei, the witnesses who watch the Shtar being given are the main part of the Shtar, i.e. the ones who make the Shtar take effect. Rebbi Meir maintains that Edei *Chasimah* Karsei, meaning that the witnesses who sign the Shtar are the main part of the Shtar and are the ones who make the Shtar take effect.
(b) According to Rebbi Elazar, who rules Edei Mesirah Karsei, witnesses sign a Shtar because of "Tikun ha'Olam" - "for the well-being of the world." Although the Shtar is valid without the signatures of the witnesses, it was instituted that the witnesses sign the Shtar for the sake of all those who receive such legal documents, so that in case the witnesses who testified to the event have died, their signatures (which are recognized by other witnesses) will remain as testimony to the event.
(c) Since this argument has its source in the laws of divorce, the literal meaning of the words is that Edei Chasimah or Mesirah *cut*. That is, Edei Chasimah or Mesirah are responsible for making a Get (a bill of divorce) take effect, giving it the status of a "Sefer Kerisus" (a document that *cuts* [the bond between the married couple] -- Devarim 24:1) (RASHI to Kidushin 48a).

19) [line 36] MEZUYAF MI'TOCHO - a legal document that is invalidated by something within the document itself (such as, in our case, the signature of witnesses who are related to each other through there marriage to sisters)

20) [line 37] ZIL, LO SHAVKEI LI D'OSVINEI LACH - [Rav Yosef said to the claimant holding the Shtar with the signature of two brothers-in-law,] "go, for they do not allow me to give it to you"

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