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Sanhedrin 85

When a person performs a Melachah on Shabbos intentionally, but does not require the usual result of the action, Rebbi Yehudah rules that he is Chayav and Rebbi Shimon rules that he is Patur. For example, if a person digs a hole, not because he needs the hole (which would be Boneh) but rather because he needs the dirt, this is a Melachah she'Einah Tzerichah l'Gufah. (See Insights to Shabbos 12:1)

2) [line 3] SHALI'ACH - an emissary appointed by the court (Beis Din) to administer lashes to, or to proclaim an excommunication (RASHI) upon, a convicted transgressor

3) [line 10] V'LO KASHYA - and it does not pose a difficulty. The Beraisa, which seems to be saying that a son may not hit his father even when there is a Mitzvah to hit him (i.e. to give him lashes), does not contradict the statement of Rav Sheshes, who says that a son is permitted to serve as the emissary of the court to hit his father

4) [line 15] HA'YOTZEI LEIHAREG - one who is being brought out to be executed

5) [line 16] V'HAVINAN BAH - and we ask about it
6) [line 18] B'MESARVIN BO LATZEIS V'EINO YOTZEI - [it is a case in which] they are prodding him (the convicted transgressor) to go out [to be executed] and he is not going out

7) [line 20] ACHER, GAVRA KETILA HU - [when] someone else [hits the convicted transgressor going out to be executed,] it is a dead man [whom he is hitting]

8) [line 20] VEHA'AMAR RAV SHESHES "BIYESHO YASHEN UMES, CHAYAV" - but did Rav Sheshes not say, "If one embarrassed someone else while he was sleeping and then he died, he (the one who embarrassed him) is obligated [to pay the heirs for the embarrassment he caused]?" (That is, even though the victim never actually experienced the embarrassment because he was asleep when it occurred and then he died in his sleep, nevertheless Rav Sheshes obligates the perpetrator to pay, because the victim's family experiences the embarrassment. This seems to contradict the Gemara's assertion that Rav Sheshes maintains that when someone curses a convicted transgressor being taken out to be executed, he is not Chayav, since the man is considered a dead man already. There, too, one should be Chayav to pay to the family, since the family experiences the embarrassment (RAN).)

9) [line 21] HACHA B'MAI ASKINAN? BESHE'HIKAHU HAKA'AH SHE'EIN BAH SHAVEH PERUTAH - Here, with what are we dealing? - Where he hit him with a beating that did not do a Perutah's worth of damage (and thus, when one hit his own father, he is still Chayav)

10) [line 27] "V'NASI V'AMCHA LO SA'OR" - "A leader of your people do not curse." (Shemos 22:27) - Chazal learn (Toras Kohanim 19:35) that this verse includes a prohibition against cursing all of the people, from the words, "v'Amcha Lo Sa'or."

11) [line 27] B'OSEH MA'ASEH AMCHA - [this prohibition refers to] one who is acting in the ways of your people (i.e. he is doing Mitzvos and is not a transgressor)

12) [last line] BI'MEKUYAM SHEB'AMCHA - [this prohibition applies only] for one who is going to stay alive, [who is acting in the ways] of your people (excluding a person who has been convicted to be executed)


13) [line 1] MAI HAVAH ALAH? - What is the conclusion with regard to this? (May a son be appointed as an emissary for Beis Din to hit his father or not?) (See Insights.)

14) [line 5] "LO SACHMOL V'LO SECHASEH ALAV." - "Do not have compassion on him and do not cover for him." (Devarim 13:9)

15) [line 9] "AVIV V'IMO KILEL" - "[For anyone who curses his father or his mother shall surely be put to death;] he has cursed his father or his mother; [his blood shall be upon him.]" (Vayikra 20:9)

16a) [line 20] BAS - a daughter

b) [line 20] TUMTUM
A Tumtum is a person whose genitals are covered with skin so that we do not know if he is a male or a female.

c) [line 20] ANDROGINUS
An Androginus is a hermaphrodite, a person with both male and female reproductive organs. There is a Machlokes as to whether an Androginus is a male, a female or a new gender.

17) [line 25] AD SHE'YEFARET LECHA HA'KASUV "YACHDAV" - until the verse specifies for you, "Yachdav" - "together." Rebbi Yonasan and Rebbi Oshiyah argue regarding the implication of the conjunctive "Vav" - "and." Rebbi Yonasan says that the "Vav" between two words connotes that the Halachah applies to either one of them, and not necessarily only to both of them together, unless the verse specifically states "Yachdav." As an example of this, RASHI quotes the verse, "Lo Sacharosh b'Shor uva'Chamor *Yachdav*" - "Do not plow with a bull and a donkey *together*" (Devarim 22:10). Had the verse not written "Yachdav," we would have understood the verse to mean that one may not plow with either a bull or with a donkey at all.

18) [line 26] "U'MEKALEL AVIV V'IMO MUS YUMAS." - "One who curses his father or his mother shall surely be put to death." (Shemos 21:17)

19) [line 29] DIBRAH TORAH KI'LESHON BENEI ADAM - the Torah [in this instance] speaks in the manner of man
Every word in the Torah is holy and contains worlds of insights and nuances. However, certain sages of the Mishnah felt that there were some phrases recorded in the Torah that paralleled people's speech, and should not be used for homiletics or insights.

(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of Nochrim. (According to most Rishonim, this means that they decided to treat them like Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.)

21) [line 33] GEIREI EMES HEN / GEIREI ARAYOS HEN - see previous entry

22) [line 36] SHORO K'YISRAEL - his bull is like that of a Jew
(a) The Mishnah in Bava Kama (37b) differentiates between the law of a bull owned by a Jew that gores an animal owned by a Nochri, and the law of a bull owned by a Nochri that gores that of a Jew. When a bull owned by a Jew gores that of a Nochri, the Jew is exempt from compensation for damages, but when a bull owned by a Nochri gores that of a Jew, the Nochri is Chayav to pay.
(b) The Mishnah there, however, states that the law of a bull owned by a *Kusi* is the same as that of a bull owned by a Jew, and thus a Jew must pay compensation to the Kusi when the Jew's bull gores the Kusi's bull.

23) [line 39] "[KI YIMATZEI ISH GONEV NEFESH ME'ECHAV MI'BENEI YISRAEL,] V'HIS'AMER BO U'MECHARO, [U'MES HA'GANAV HA'HU, U'VI'ARTA HA'RA MI'KIRBECHA.]" - "[When a man is found kidnapping a soul of his brothers from among the Jewish people,] and he makes him do hard labor and he sells him, [that kidnapper shall be put to death, and you shall remove the evil from your midst.]" (Devarim 24:7)

24) [line 40] MI SHE'CHETZYO EVED V'CHETZYO VEN CHORIN - a person who is part slave (Eved Kena'ani), part freeman; e.g. a slave originally owned by partners, one of whom freed his half

25) [line 42] IMUR PACHOS MI'SHAVEH PERUTAH IKA BEINAIHU - the difference between them is hard labor which is worth less than a Perutah (Tana Kama rules that hard labor which is worth less than a Perutah is enough to make the kidnapper liable to the death penalty, while Rebbi Yehudah rules that the kidnapper would be exempt in that instance)

26) [line 44] D'ZAGA ALEI - he leaned upon him
27) [line 44] D'UKMA B'APEI ZIKA - he stood her up in front of the wind (to shield him)

28) [line 45] TEIKU The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).

29) [line 45] "KI YIMATZEI ISH..." - see above, entry #23
30) [line 46] "V'GONEV ISH [U'MECHARO, V'NIMTZA V'YADO, MOS YUMAS.]" - "One who kidnaps a man [and sells him, and he is found to have been in his hand, shall surely be put to death.]" (Shemos 21:16)

31) [line 48] "U'MES HA'GANAV HA'HU" - see above, entry #23

32) [line 49] EVED MESHUCHRAR - a freed slave (AVADIM MESHUCHRARIM - freed Nochri slaves)
A Jew who owns a Nochri slave or maidservant (an Eved Kena'ani or a Shifchah Kena'anis) may release him or her from bondage in one of two ways: by accepting payment for his release, or by giving him a "Get Shichrur," or bill of release (Kidushin 22b). If he is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep).

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