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Sanhedrin 58

1a) [line 1] HORASO SHE'LO BI'KEDUSHAH - (lit. his conception was not in holiness) he was conceived when his mother was still a Nochriyah
b) [line 1] LEIDASO BI'KEDUSHAH - (lit. his birth was in holiness) he was born after his mother converted

2a) [line 2] SHE'ER HA'EM - "blood relatives of the mother," e.g. his sister, the daughter of his *mother*; his aunt, when his father and his aunt share the same *mother*
b) [line 2] SHE'ER HA'AV - "blood relatives of the father," e.g. his sister, the daughter of his *father* but not of his mother; his aunt, when his father and his aunt share the same *father* but not the same mother

3a) [line 4] ACHOS HA'AV MIN HA'EM - that is, his father's sister, when his father and his father's sister share the same *mother*
b) [line 4] MIN HA'AV - that is, his father's sister, when his father and his father's sister share the same *father* but not the same mother

4a) [line 5] ACHOS HA'EM MIN HA'EM - that is, that is, his mother's sister, when his mother and his mother's sister share the same *mother*
b) [line 5] ACHOS HA'EM MIN HA'AV - that is, his mother's sister, when his mother and his mother's sister share the same *father* but not the same mother

3b) [line 6] REBBI MEIR OMER YOTZI - Rebbi Meir rules that the convert cannot keep this woman as his wife mid'Rabanan, as a Gezeirah (a decree) lest others learn from this that it is permitted for a convert to marry his sister from his mother (and mother's and father's sisters when they share the same mother, respectively). Even though his mother and his mother's sister only share the same father and not the same mother, the Gezeirah applies since we are dealing with the convert's mother's side of the family.
b) [line 6] VA'CHACHAMIM OMRIM YEKAYEIM - and the Chachamim rule that the convert can keep his mother's sister (when they share the same father but not the same mother) as his wife, since the Chachamim do not make such a decree (see previous entry)

5) [line 8] ESHES ACHIV - his brother's wife [after his brother dies or divorces his wife] (a) even if the brothers share the same mother (RASHI);
(b) only if the brothers do not share the same mother (RAMBAM Hilchos Isurei Bi'ah 14:13. The MAGID MISHNEH writes that it seems that the Rambam rules that when the brothers share the same mother *and* father, their wives are once again permitted to each other, but the RAMBAN and RASHBA argue and write that they are still prohibited.)

6) [line 10] NASA ISHAH U'VITAH - (a) a man who married a woman and her daughter [when he was a Nochri and afterwards he and they converted] (RASHI, 1st explanation); (b) a convert she'Leidaso bi'Kedushah or even a Jewish man who is not a convert who married a mother and daughter who converted (RASHI, 2nd explanation)

7a) [line 11] KONES ACHAS - he may marry one [of them]
b) [line 11] U'MOTZI ACHAS - and he must send away [the other] one
8) [line 11] L'CHATCHILAH LO YICHNOS - [all of the women in the previous cases where the ruling was Yekayeim,] he should not marry in the first place

9) [last line] IMO ME'ANUSASO - his mother, a woman who was raped by his father (and was not his father's wife)


10a) [line 6] DODASO MIN HA'EM - his aunt from the mother, i.e. his father Kehas and his wife Yocheved shared the same mother as well as the same father, Levi
b) [line 6] DODASO MIN HA'AV - his aunt from the father, i.e. his father Kehas and his wife Yocheved only shared the same father, Levi, but were born from different mothers

11) [line 7] "V'GAM OMNAH ACHOSI VAS AVI HI, ACH LO VAS IMI..." - "And yet indeed she is my sister, the daughter of my father, but not the daughter of my mother; [and she became my wife.]" (Bereishis 20:12)

12) [line 9] BAS ACHIV HAVAI! - She was his brother's daughter! (Haran, Avraham's brother, was the father of Milkah and Yiskah (Bereishis 11:29). Chazal reveal that Yiskah was actually Sarah.)

13) [line 11] KURVAH D'ACHOS IS LI B'HADAH ME'ABA V'LO ME'IMA - I have a blood relation to her through my father but not through my mother (Haran and Avraham were born from different wives of Terach -- RASHI to Bereishis 20:12)

14) [line 23] EVED (EVED KENA'ANI - a Nochri slave)
(a) A Jew may acquire a Nochri slave or maidservant (Eved Kena'ani or Shifchah Kena'anis) by purchasing them from their Jewish or Nochri master and making a Kinyan on the slave with either Kesef (paying money) or Shtar (receiving a contract) Chazakah (having the slave work for him) or Chalipin -- the same Kinyanim that are used in the purchase of real-estate (see Background to Bava Basra 52:25). In addition, an Eved Kena'ani can be acquired through Kinyan Meshichah, like moveable objects (see Background to Bava Metzia 44:5c). A Nochri can also be acquired as a slave by being captured (Gitin 38a). These Halachos, and the Halachos mentioned below, apply whether the slave is from the Kena'ani nation or from another nation. Nevertheless, the generic term used by the Mishnah and Gemara to refer to Nochri slaves is Eved "Kena'ani," since the Torah openly describes Kena'an as a slave (see Rashi to Kidushin 22b DH Sadeh).
(b) A Nochri slave must undergo a process of involuntary conversion, in which he is circumcised (in the case of a male slave) and immersed in a Mikvah, after which he becomes obligated in Mitzvos. Regardless of sex, a Nochri slave is only obligated to keep those Mitzvos in which a Jewish woman is obligated. The slave is not permitted to marry an ordinary Jew. When the slave is freed, he automatically becomes a full-fledged Jew and is obligated to keep all of the Mitzvos, like a normal convert. However, before he is freed, his exemption from certain Mitzvos and prohibition to marry a Jewish woman came about as a direct consequence of the slavery. The Rishonim refer to this as a "Kinyan Isur," a "prohibitive" Kinyan (see Rishonim to Gitin 38a, Kidushin 16a). Another Halachic consideration of the slavery is that if the slave belongs to a Kohen, he is permitted to eat Terumah as long as he is owned by the Kohen (Yevamos 66a, based on Vayikra 22:11).
(c) A slave does not independently own property. Rather, any object that the slave acquires automatically becomes the possession of his master. There is an argument among the Tana'im as to whether the slave can own something if it is specifically stipulated, at the time that it is given to him, that it should not become the master's (Kidushin 23a).
(d) It is not normally permitted to free a Nochri slave, and one who does so transgresses the Mitzvas Aseh of "l'Olam Bahem Ta'avodu" - "they shall be your slaves forever" (Vayikra 25:46; Gitin 38a). However, even if the slave is freed in violation of this Mitzvas Aseh, he indeed becomes a free man.
(e) A Nochri slave may obtain freedom from bondage in one of two ways: by having his master accept payment for his release, or by having his master give him a "Get Shichrur," a bill of release (Kidushin 22b). The Tana'im argue as to whether the payment for the slave's release must be made by others directly to the master ("Kesef Al Yedei Acherim") or whether the slave himself can own the money with which he purchases his freedom ("Kesef Al Yedei Atzmo"). Similarly, the Tana'im argue whether the Get Shichrur must be given to the slave himself ("Shtar Al Yedei Atzmo") or whether it must be given to another person, who accepts it on behalf of the Eved. (See Kidushin Chart #5.)
(f) With regard to the blood relatives that he is permitted to marry, Rav Chisda rules that he may marry his mother or his daughter, and certainly the less-close relatives, since he is no longer considered a Ben Noach and therefore is not related to them. On the other hand, he has not yet become a full-fledged Jew, and as such, the Gezeirah mid'Rabanan against a convert marrying his blood relatives does not apply to him. The Rishonim argue as to whether he is permitted to marry the women who became his relatives after he became a slave. They discuss whether the slave son of a slave is permitted to marry his mother or the daughter who was born after he became a slave (see YOSEF DA'AS).

15a) [line 23] MUTAR B'IMO - he is permitted to marry his mother
b) [line 23] MUTAR B'VITO - he is permitted to marry the daughter who was born before he became an Eved (but see above, entry #14:f)

16) [line 27] MID'KAR'U LAH REVISA DI'PELANYA - from when they (the women of the town) call her (a) "So-and-so [the slave]'s *girl*" (RASHI); (b) according to the Girsa "*D'VEISA* DI'PELANYA" - "[the one belonging] to *the house* of So-and-so [the slave]" (LECHEM MISHNEH to the RAMBAM Hilchos Melachim 9:8; but see the Frankel Edition of the Rambam, based on the Yemenite manuscript and all other manuscripts, where the Girsa of the Rambam is the same as that of our Gemara)

17) [line 28] MISHE'PAR'AH ROSHAH BA'SHUK - from the time she uncovers her hair in public (lit. in the marketplace) (ISUR PERI'AS ROSH)
(a) It is a Mitzvah for a married woman to cover her hair. A verse in the Torah hints to this Mitzvah in the topic of the Sotah woman. The Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. For a further discussion of the process through which the couple must go, see Background to Nazir 45:10 and to Kidushin 80:27.
(b) One of the components of the process is that a Kohen uncovers the Sotah's hair to shame her (Bamidbar 5:18). From this it is clear that uncovered hair is a source of shame for a married Jewish woman. Our Gemara states that it is a source of shame for all women.
(See RAMBAM Hilchos Isurei Bi'ah 21:17)

18) [line 33] SHE'HIKAH ES YISRAEL - who hit [and wounded] a Jew (Since the Gemara does not state an explicit size for the wound, the RAMBAM Hilchos Melachim 10:6 writes that he is guilty even if he inflicted the most minimal wound ("Chaval Bo *Kol she'Hu*"). But see the Frankel Edition of the Rambam, based on the manuscripts and early printings, where the words "Kol she'Hu" do not appear in the text of the Rambam. However, the Halachah appears to be correct, since the Rambam quotes it in the Halachos of wounds that cause damage worth less than a Perutah -- see Hilchos Chovel u'Mazik 5:3)

19) [line 33] CHAYAV MISAH - (a) is liable to the death penalty (RAN); (b) is liable to death (i.e. this Isur is mid'Rabanan, who decreed that it is as severe as any Isur for which the Ben Noach is liable to the death penalty. However, the death penalty administered by Beis Din only applies to the seven Mitzvos) (RAMBAM Hilchos Melachim 10:6, see RADBAZ and LECHEM MISHNEH to 10:9)

20) [line 33] "VA'YIFEN KOH VA'CHOH VA'YAR KI EIN ISH, VA'YACH ES HA'MITZRI..." - "And he (Moshe) looked this way and that way and saw that there was no man, and he slew the Egyptian, [and buried him in the sand.]" (Shemos 2:12) - The Egyptian was guilty of hitting a Jew (ibid. 2:11) and Moshe killed him for his offense.

21) [line 34] HA'SOTER LO'O SHEL YISRAEL - one who slaps the cheek of a Jew
22) [line 35] "MOKESH ADAM YALA KODESH; [V'ACHAR NEDARIM L'VAKER.]" - "It is a trap for a man to rashly declare, 'It is holy,' and to inquire only after making his vows." (Mishlei 20:25) - The Gemara interprets the first phrase in this verse as, "He who strikes a Jew [is like one who strikes] the cheek of the Holy [One]" (Mishlei 20:25).

23) [line 36] HA'MAGBI'AH YADO AL CHAVEIRO - one who raises his hand against his fellow man [to strike him]

24) [line 37] "... VA'YOMER LA'RASHA, 'LAMAH SAKEH RE'ECHA?'" - "... and he said to the wicked person, "Why are you going to hit your friend?'" (Shemos 2:13)

25) [line 39] "... V'IM LO, LAKACHTI V'CHOZKAH." - "... and if not, I will take it by force." (Shmuel I 2:16) - The threat of physical violence on the part of Benei Eli is considered similar to raising one's hand to hit his fellow man. (See next entry.)

(a) The two sons of Eli, Chofni and Pinchas, were two of the most extremely righteous people in the history of Benei Yisrael. When Avraham Avinu gave Avimelech, king of the Pelishtim, seven of his sheep without asking HaSh-m beforehand (Bereishis 21:30), as a punishment HaSh-m informed him that Avimelech's descendents would kill seven of his exemplary descendents. Chofni and Pinchas are two of the seven listed (Bereishis Rabah 54:4). Furthermore, their names were engraved on the throne of Shlomo ha'Melech, on two golden stalks that came forth from a golden bowl that contained the pure olive oil for the Menoros of the throne (TARGUM SHENI to Megilas Esther).
(b) Even though they did sin by a certain disgrace of the sacrifices, nevertheless, this was only measured according to their lofty status. Indeed, the Gemara (Shabbos 55b) states that anyone who claims that Benei Eli sinned with married women is mistaken. The verses that state this explicitly are part of their punishment since their actions delayed women from returning to their husbands. Had they sinned with married women, the verse (Shmuel I 14:3) would not mention that honorable Kohanim descended from them (Shabbos ibid.).
(c) Our Gemara is likewise to be understood in the same vein, as it notes the verse that states that they would threaten to strike anyone who did not first give them a portion of the meat of the sacrifices to roast before the sacrifice was completed. (Note: the verses refers to the servants of the Kohanim ("Na'ar ha'Kohen," "Chatas ha'Ne'arim") who committed the offenses (see METZUDAS DAVID). Our Gemara attributes them to Benei Eli themselves, either as an alternate explanation of the verses or an expression of the ultimate responsibility of the masters for their servants.) Some slight irreverence to the Korbanos on their part caused the verse to depict their sin in the most severe manner, while this is only a result of their lofty status.
(d) Besides the scandalous report of the verses, Chofni and Pinchas were also punished with death at the hands of the Pelishtim. In addition, a curse was placed upon their descendents such that without special efforts of piety, all of their male descendents would die as young men (Rosh Hashanah 18a, based upon Shmuel I 2:33, 3:14).

27) [line 40] "VA'TEHI CHATAS HA'NE'ARIM GEDOLAH ME'OD..." - "And the sin of the young men was very great [before HaSh-m; for [these young] men despised the offering of HaSh-m." (Shmuel I 2:17) - See previous entry.

28) [line 41] "... U'ZERO'A RAMAH TISHAVER" - "[And from the wicked their light is withheld,] and the uplifted arm shall be broken." (Iyov 38:15)

29) [line 41] KATZ YADA - he [ruled in Beis Din to] cut off the hand [of a person who was heavily inclined to hit people with his hand]

30) [line 41] EIN LO TAKANAH ELA KEVURAH - he has no corrective besides burial 31) [line 42] "V'ISH ZERO'A LO HA'ARETZ..." - "But like the mighty man who possesses the land..." (Iyov 22:8) - The Gemara interprets this phrase to mean "And the man of the [strong] arm [who uses it to strike others,] the ground (i.e. burial) is [fitting] to him."

32) [line 42] LO NITNAH KARKA ELA L'VA'ALEI ZERO'OS - land should only be bought by those who are strong enough to stand up to the constant pressures of thieves and animals who may damage his land or take his fruit

33) [line 45] SHE'SHAVAS - who rested [for a complete 24 hour period, on a day of the week that he designated as a day of rest]

34) [line 45] "... V'YOM VA'LAILAH LO YISHBOSO" - "... and day and night shall not cease [to function in their natural order, as they ceased during the flood]." (Bereishis 8:22) - The Gemara intrprets this phrase to mean, "... and [for a period of] day and night [people] shall not cease [to work productively]."

35) [line 46] AZHARAH SHELAHEN ZO HI MISASAN - their prohibitions are [the causes that will bring about] their deaths. (In the prohibitions commanded to Benei Noach, the Tana'im do not use the word "Azharah" in the sense of a negative commandment, as is the case with the prohibitions commanded to Benei Yisrael.)

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