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Sanhedrin 81

SANHEDRIN 81 - Sponsored in honor of the 40th anniversary of David and Zahava Rubner; may they continue together with Bracha and Hatzlacha 'til 120 and always have much Nachat from their children! Warm Mazel Tov wishes from Eli & Jeri Turkel and David & Gerti Kornfeld.

1a) [line 4] KACH KESIV BA'TORAH? - Is this what is written in the Torah (RASHI)
b) [line 4] ELA OMER LO, "ABA, MIKRA KASUV BA'TORAH KACH" - (a) Rather, he should say to him, "Father, the verses of the Torah state such-and-such" (without actively admonishing his father or his father's actions. The father will hear the verses and realize that he has made a mistake and correct himself.) (RASHI); (b) Rather he should say to him, "Does it not say in the Torah such-and-such?" as if he is asking and not as if he is admonishing or warning his father, in order that the father should understand on his own (RAMBAM Hilchos Mamrim 6:11 and SHULCHAN ARUCH Yoreh De'ah 240:11)

2) [line 9] NIDON BA'ZIKAH HA'RISHONAH SHE'BA'AH ALAV - he is sentenced to the [punishment for the] first obligation that came upon him (which he transgressed)

3) [line 10] ISGUREI ISGUR?! - Should he receive a reward [of a more lenient punishment for having transgressed two sins]?!

4) [line 14] HAI GAVRA KETILA HU - he is considered a dead man [who cannot be subject to other punishments]

5) [line 18] "V'HOLID BEN PARITZ SHOFECH DAM, [V'ASAH ACH ME'ACHAD ME'ELEH. V'HU ES KOL ELEH LO ASAH, KI GAM] EL HE'HARIM ACHAL V'ES ESHES RE'EHU TIMEI. [ANI V'EVYON HONAH, GEZEILOS GAZAL, CHAVOL LO YASHIV] V'EL HA'GILULIM NASA ENAV [TO'EVAH ASAH. BA'NESHECH NASAN V'SARBIS LAKACH VA'CHAI? LO YICHYEH. ES KOL HA'TO'EVOS HA'ELAH ASAH,] MOS YUMAS, DAMAV, BO YIHEYEH." - "If he has fathered a violent son, a shedder of blood, [who has done the like of any one of these things to his brother. He has not done any of these [good deeds (mentioned in verses 6-9)]; rather, he has even eaten [of idolatrous sacrifices] on the mountains, and has defiled his neighbor's wife. [He has oppressed the poor and needy, has committed robbery, has not returned collateral,] and has raised his eyes to the idols, [has committed abominations. He has given out money for interest, and has taken increase; shall he then live? He shall not live; he has done all these abominations;] he shall surely die; his blood shall be upon him." (Yechezkel 18:10-13)

6) [line 29] DILMA TORAH KA MEHADER? - Perhaps he is repeating the [entire] Torah?

7) [line 32] "EL HE'HARIM LO ACHAL, V'EINAV LO NASA EL GILULEI BEIS YISRAEL, V'ES ESHES RE'EHU LO TIMEI, V'EL ISHAH NIDAH LO (KIREV) [YIKRAV]." - "He did not eat [of idolatrous sacrifices] on the mountains, and did not raise his eyes to the idols of the house of Yisrael; neither did he defile his neighbor's wife nor come near to a menstruous woman." (Yechezkel 18:6)

8) [line 34] SHE'LO HALACH B'KOMAH ZEKUFAH - he did not walk with upright stature (haughtily)

9) [line 35] SHE'LO YARAD L'UMNUS CHAVEIRO - he did not encroach on his fellow's livelihood

10) [line 37] "TZADIK HU, CHAYOH YICHYEH" - "he is righteous; he shall surely live" (Yechezkel 18:9)

11) [line 41] "AL TITAM'U V'CHOL ELEH..." - "Do not defile yourselves with all of these [abominations]..." (Vayikra 18:24)

(a) An object that is already prohibited by one Isur Torah cannot become prohibited by a second one (Ein Isur Chal Al Isur). However, there are a number of possible exceptions to this principle (when we rule Isur Chal Al Isur) that are debated by the Tana'im (Chulin 101a):

1. Isur b'Vas Achas - Two Isurim may take effect at the same instant to prohibit the same object.
2. Isur Kollel - The second Isur may take effect if it includes objects that the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of Neveilos, but Kosher foods as well).
3. Isur Mosif - The second Isur may take effect if it adds a new dimension of Isur to the first (e.g. it prohibits the object to people who were not included in the first Isur, or it makes the object Asur b'Hana'ah and not just Asur to be eaten. Our Sugya mentions a person who marries the daughter of a widow. The widow is prohibited to him since she is his Chamos (mother-in-law). If she then gets married, she is now prohibited to the rest of the world because of the Isur of Eshes Ish (a married woman). As a result of Isur Mosif, the prohibition of Eshes Ish also applies to the son-in-law).
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take effect on an object that is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh is more stringent than the prohibition of non-Kosher animals, since it applied to Benei Yakov when they were still permitted to eat non-Kosher animals).
(b) According to Rebbi Shimon, an object that is already prohibited can *never* become prohibited by another Isur, even if the second Isur is Kolel, Mosif or Chamur.

13) [line 44] NIDON B'ZIKAH HA'RISHONAH HA'BA'AH ALAV - he is sentenced to the [punishment for the] first obligation that came upon him (which he transgressed)

14) [last line] ISUR MOSIF
See above, entry #13:3.


15) [line 2] MI SHE'LAKAH V'SHANAH - a person who received lashes two times for the same sin for which there is a Chiyuv Kares [and then committed the same sin a third time]

16) [line 3] KIPAH - a detention facility (lit. [a structure in the shape of] a dome) that is only as high as the sinner, where he is fed barley and water, which causes his death when his stomach splits (see Insights to Sanhedrin 79:2)

17) [line 3] U'MA'ACHILIN OSO SE'ORIN - and they feed him barley [after first sustaining him with a minimum amount of bread and water so that his stomach will shrink]

18) [line 3] AD SHE'KEREISO MISBAKA'AS - until his stomach splits
19) [line 6] MALKUYOS SHEL KERISOS - lashes that are administered for crimes, the punishment for which is Kares, but this person was only warned that he will receive lashes

20a) [line 7] GAVRA BAR KETALA HU - he is a person who is worthy of the death penalty [of Kares]
b) [line 7] U'KERUVEI HU D'LO MIKRAV KETALEI - but his death is not at hand (since the Kares penalty is solely in the hands of HaSh-m to decide when it will be administered)

21) [line 8] KEIVAN D'KA MEVATER LAH NAFSHEI - since he forgoes his own life 22) [line 11] V'LO MEVATER KULEI HAI - and he does not forgo his life as much [as the one who repeats the same sin over and over]

23) [line 13] HA AMAR AD TELAS ZIMNEI LO HAVYA CHAZAKAH - [it cannot follow the opinion of Raban Shimon ben Gamliel,] since he is of the opinion that a Chazakah is established after three times.
Rebbi is of the opinion that after an event occurs two times, we can presume that it will happen again under the same conditions until there is evidence of a change. Raban Shimon Ben Gamliel argues and maintains that we make this presumption only after the event occurs three times.

24) [line 14] AVEIROS MACHZIKOS - transgressing negative commandments can create a Chazakah (a legal presumption based upon the performance of a certain act three times; we do not have to wait until he is punished with Malkos three times to establish the Chazakah)

25) [line 17] PELUGSA D'REBBI V'RABAN SHIMON BEN GAMLIEL - (source: Yevamos 64a-b, Kesuvos 43b)

(a) If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The witnesses to the sin or others in the presence of the witnesses administer the warning. The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty (or with lashes) for doing it," or something to that effect. The warning must specifically name the Lav or Av Melachah that the person is about to transgress.
(b) In addition, in order to be punished, the sinner must state explicitly that he accepts upon himself the possibility that he will be punished if he sins. For example, if the sinner is warned that he will receive the death penalty, he must state, "Al Menas Ken Ani Oseh" - " I am transgressing with the intention that I be killed for my sin." If he merely remains silent, nods his head or even states, "I know," he is not punished with death or Malkus mid'Oraisa (RAMBAM Hilchos Sanhedrin 12:2). The Rambam writes (ibid. 18:5) that in these cases, he is, however, lashed with Malkus mid'Rabanan.

b) [line 19] HISRU VO V'HIRKIN ROSHO - they warned him and he nodded his head

27) [line 22] KIPAH TZERICHAH HASRA'AH KA'MIFLIGEI - they argue as to whether a warning is necessary for a person to put into Kipah

28) [line 23] "TEMOSES RASHA RA'AH" - "Evil shall slay the wicked" (Tehilim 34:22)

29) [line 24] "KI GAM LO YEDA HA'ADAM ES ITO KA'DAGIM SHE'NE'ECHAZIM BI'METZODAH RA'AH" - "For man also does not know his time, like the fishes that are caught in an evil trap" (Koheles 9:12)

30) [line 25] CHAKAH - (O.F. aim) a fish hook (it is an evil trap because the fish is in pain while it is on the hook. Similarly, Kipah, which causes death in a more drawn-out fashion, is a painful punishment when compared to Misas Beis Din.)

31) [line 26] LECHEM TZAR U'MAYIM LACHATZ - sparse bread and scant water (based upon Yeshayah 30:20)

32) [line 27] EDUS MEYUCHEDES - "singular testimony," where the two witnesses see the act from different vantage points and do not see each other

(a) When witnesses testify in Beis Din about a specific event in order to convict the perpetrator, the judges interrogate each witness separately to determine whether their testimony is reliable.
(b) Chazal learn from the verses of the Torah (Devarim 13:15, 17:4, 19:18) that two types of questions are employed to ascertain the truth of their testimonies: Chakiros and Derishos. Derishos are known in the Mishnah as Bedikos. There is no limit to the amount and type of Bedikos that are used. Chakiros, however, are limited to seven specific questions (Sanhedrin 32a).
(c) The Torah requires that the following seven Chakiros be asked (even though the answers to some of the more specific questions already answer the more general ones). These Chakiros, which are meant to ascertain the time and place of the event, are 1. During which seven-year Shemitah cycle of the Yovel did the event occur? 2. During which year of the Shemitah? 3. During which month? 4. On which day of the month? 5. On which day of the week? 6. During which hour of the day? 7. Where did the event take place?
(d) If a witness cannot answer even one of the Chakiros, his testimony is invalid. The reason for this is that when the witness makes it impossible to testify against him that he was *not* in the place in question at the time in question, we suspect that he is lying (RASHI to Pesachim 12a, and to Bava Kama 75b DH Aval Hacha).
(e) If one or both of the witnesses cannot answer the Bedikos, their testimony is not invalid. If, however, the witnesses contradict each other in the Bedikos, their testimony is invalid (Sanhedrin 41a, see KESEF MISHNEH to Hilchos Edus 2:1-2). (The above follows the interpretation of RASHI and most of the Rishonim. The RAMBAM (Hilchos Edus 1:4-6, 2:1-2), however, refers to Chakiros other than the seven mentioned above, which he seems to term "Derishos." Accordingly, they follow the same guidelines as Chakiros, and if a witness cannot answer them, his testimony is invalid.)

34) [line 29] MA'ASEH U'VADAK BEN ZAKAI B'UKTZEI TE'ENIM - there was a case where the judge Ben Zakai asked the witnesses about the fig tree under which a murder took place. He questioned whether the figs were light or dark-colored, whether their stems were thick or thin, etc.

35) [line 32] AD SHE'YUKTAN MA'AYANO - until his bowels shrink
36) [line 33] HA'GONEV ES HA'KISVAH - one who steals a utensil that is used in the Beis ha'Mikdash for the Divine Service

37) [line 33] HA'MEKALEL B'KOSEM - one who uses a spell or incantation to curse HaSh-m or to curse his fellow man

38) [line 34] ARAMIS - a Nochris
39) [line 34] KANA'IN POG'IN BO - the extremely zealous who avenge the honor of HaSh-m may kill him

40) [line 34] KOHEN SHE'SHIMESH B'TUM'AH - a Kohen who willingly performs the Divine Service while he is Tamei

41) [line 35] PIRCHEI KEHUNAH - young Kohanim
42) [line 35] MAFTZI'IN ES MOCHO BI'GEZEIRIN - they smash his head with wooden staves (O.F. esteles)

43) [line 36] ZAR SHE'SHIMESH BA'MIKDASH - a non-Kohen who performed the Divine Service in the environs of the Beis ha'Mikdash

44) [line 37] KELI SHARES - a utensil used in the Divine Service
45) [line 37] "V'ES KESOS HA'NASECH" - "and the shelving tubes" (Bamidbar 4:7)

46) [line 38] "V'LO YAVO'U LIR'OS K'VALA ES HA'KODESH VA'MESU." - "And they (the Leviyim) will then not come and see the holy articles as they are being packed, and they will not die." (Bamidbar 4:20) - The words that describes the holy articles being packed, "k'Vala Es ha'Kodesh," literally mean "when they were hidden" or "swallowed up," As such, this verse hints at one who steals the holy articles.

47a) [last line] KONO - his Maker
b) [last line] MAKNO - the One Who distributes His goodness to His creations

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