POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Sanhedrin 5
SANHEDRIN 5 (Yom Kipur) - sponsored by Hillel Yakov and Elisheva Tzipora
Kagan. May they be blessed with a year of Berachah and joy, and may Hashem
answer all of their prayers!
1) PERMISSION TO JUDGE
(a) (Beraisa): Three judges are needed for monetary cases; a
Mumcheh la'Rabim can judge alone.
2) WHAT PERMISSION IS NEEDED FOR
(b) Rav Nachman (also, R. Chiya): Someone like me can judge
monetary cases alone.
(c) Question: Do they mean, because he has learned and can
reason, and he has permission (from the Reish Galusa -
but without permission, his verdict is meaningless)?
1. Or, does it suffice that he learned and can reason?
(d) Answer: We learn from the following episode.
1. Mar Zutra, the son of Rav Nachman judged a case and
(e) (Rav and Shmuel): If someone wants to judge and be exempt
if he errs, he should ask permission from the Reish
2. Rav Yosef: If the parties accepted you like a judge,
you are exempt; if not, you are liable.
3. We conclude, even without permission, his verdict
stands (if it was void, what is he liable for?)!
(f) The following is obvious: permission from the Reish
Galusa helps for anywhere in Bavel, permission from the
Nasi helps for anywhere in Eretz Yisrael.
1. Also, permission from the Reish Galusa helps for
Eretz Yisrael - he has more authority;
(g) Question: Does permission from the Nasi help in Bavel?
i. (Beraisa): "Lo Yasur Shevet mi'Yehudah" - these
are the Roshei Galuyos in Bavel, who rule
Yisrael with a staff;
ii. "U'Mchokek mi'Bein Raglav" - these are the
(Nesi'im, the) descendants of Hillel who teach
Torah to multitudes.
(h) Answer: Rabah bar Chanah erred in judgment; R. Chiya
said, 'If the parties accepted you like a judge, you are
exempt; if not, you are liable.'
1. Rabah bar Chanah had permission from the Nasi - we
conclude, this does not help in Bavel.
(i) Question: But when Rabah bar Rav Huna had conflicts with
the house of the Reish Galusa, he would say 'I did not
get permission from you, rather from my father, who got
permission from Rav, and he from R. Chiya, and he from
(j) Answer: Such permission does not help in Bavel, but they
thought it helps, therefore he said this.
(k) Question: If permission does not help, why did Rabah bar
Chanah get permission?
(l) Answer: It helps for cities on the border of Bavel that
conduct like Eretz Yisrael.
(a) Question: What permission did he get?
(b) Answer: When Rabah bar Chanah was about to go to Bavel,
R. Chiya told Rebbi 'My brother's son is going to Bavel'.
1. Rebbi: He may teach Halachos, judge, and permit
(blemished) firstborn animals.
(c) Question: Why did R. Chiya call Rabah bar Chanah 'my
brother's son', and Rav 'my sister's son'?
2. When Rav was about to go to Bavel, R. Chiya told
Rebbi 'My sister's son is going to Bavel.'
3. Rebbi: He may teach Halachos, judge, he may not
permit firstborn animals.
1. Suggestion: Perhaps those were their relations to
(d) Answer #1: Rav was his brother's son and also his
sister's son; Rabah bar Chanah was only his brother's
2. Rejection: The sons of Aba bar Acha Karsela of Kafri
were Eivo (Rav's father), Chanah, Shila, Marsa and
R. Chiya (i.e. Rav was also the son of R. Chiya's
(e) Answer #2: He called Rav 'my sister's son' on account of
his Chachmah - "Emor la'Chachmah Achosi At".
(f) Question: Why didn't Rebbi authorize Rav to permit
3) TWO WHO JUDGED A MONETARY CASE
1. Suggestion: He was not such a great Chacham.
(g) Answer #1: Rebbi wanted to honor Rabah bar Chanah.
2. Rejection: We said that he was a greater Chacham
than Rabah bar Chanah!
3. Suggestion: He did not recognize blemishes well
4. Rejection: Rav spent 18 months by shepherds, to
understand which blemishes are temporary and which
(h) Answer #2: Because Rav was so proficient, he would permit
blemishes people did not recognize, and they would
extrapolate and come to permit similar blemishes which
are really temporary.
(i) Question: Rebbi authorized them to teach Halachos - if
they are learned, why do they need permission?
(j) Answer: This was decreed after the following episode.
1. Rebbi went to a certain place, he saw that they
would allow the dough to become Tamei when kneading
(i.e. so the Chalah which will be separated will be
Tamei and forbidden); he asked them why they do so.
(k) (Beraisa): At that time, they decreed that one may not
teach Halachos without permission from his Rebbi.
2. They answered, a Chacham came and expounded that Mei
Betza'im (swamp water) does not Machshir (make food
susceptible to Tum'ah).
i. Really, the Chacham expounded that Mei
*Beitzim* (egg whites) is not Machshir, they
3. They also erred because they heard that water of the
Karmiyon and Pugah rivers cannot be sanctified with
ashes of the red heifer because it is swamp water:
they assumed that likewise, it is not Machshir;
i. This was wrong - it cannot be used, because
Mayim Chayim must be put in the vessel (and the
mud is a blockage; alternatively, it or
interrupts the flow, these rivers are not
ii. Any detached water is Machshir.
(l) Tanchum the son of R. Ami came to Chater (a place); he
taught that on Pesach it is permitted to wet wheat and
immediately grind it.
1. The inhabitants: Your Rebbi, R. Mani of Tzur is
(m) Version #1 (our text): R. Chiya saw a man in a cemetery;
he asked, isn't your father a Kohen? (Even though R.
Chiya was a Talmid of Rebbi, who was nearby, he did not
refrain from separating someone from (what appeared to
be) a transgression.)
2. (Beraisa): A Talmid may not teach Halachos within
three Parsa'os of his Rebbi (the length of the
encampment of Yisrael in the Midbar).
3. Tanchum: I did not know that he was here.
(n) Version #2 (Rashi, from Yerushalmi): When Rebbi saw the
people kneading in Tum'ah, he also saw a Yisrael in the
part of Ako in Chutz la'Aretz. (Chachamim decreed that
one who enters Chutz la'Aretz is Tamei Mes.)
1. Rebbi: Isn't your father a Kohen? (End of Version
(o) Surely, partial permission may be given - Rav received
permission, but not to permit firstborns;
2. The man: Yes - I am his son from a divorcee (I lack
the Kedushah of Kehunah).
(p) Question: May permission be given for a limited time?
(q) Answer: (Yes;) R. Yochanan told R. Shaman 'You have
permission until you return (to Eretz Yisrael)'.
(a) (Shmuel): If two judged a monetary case, the verdict
stands, just it is called an impudent Beis Din.
(b) Question (Rava - Mishnah): Even if two judges say that he
is guilty (or innocent), and the third says 'I do not
know', we must add more judges (it is as if the one who
does not know is not there).
1. According to Shmuel, even without the third, the
judgment of the other two is valid!
(c) Answer: There, because they intended to judge in a Beis
Din of three, they must give a verdict with three judges.
(d) Question (Beraisa - R. Shimon ben Gamliel): Judgment
requires three judges, compromise requires two judges;
1. Compromise is stronger than judgment in one aspect -
if two judges judged, the parties can retract; if
they made a compromise, the parties cannot retract.
(e) Answer: R. Avahu is also only an Amora, Shmuel argues
2. Suggestion: Perhaps Chachamim argue with R. Shimon
3. Rejection: R. Avahu taught, all agree that if two
judged a monetary case, this is not a judgment!