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 7
1) WHEN DO WE SUGGEST COMPROMISE?
(a) Question: What is a final verdict?
2) THE ADVANTAGES OF SHALOM
(b) Answer (Rav Yehudah): 'Ploni, you are liable; Almoni, you
are Zakay (you receive, or are exempt)'.
(c) (Rav): The Halachah follows R. Yehoshua ben Korchah (who
said that it is a Mitzvah to compromise).
(d) Question: But Rav Huna was Rav's Talmid, and he would
offer the parties Din (law) or compromise!
(e) Answer: That is what he meant, it is a Mitzvah to *offer*
(Din or) compromise.
(f) Question: This is like the first Tana (who said that
after (Tosfos - you know) the verdict, the judge may not
suggest compromise - implying, before this, he may)!
(g) Answer: R. Yehoshua ben Korchah says that it is a Mitzvah
to suggest compromise, the first Tana says this is
(h) Question: The first Tana is like R. Shimon ben Menasiya
(who said that until you sense what the verdict will be,
you may suggest compromise)!
(i) Answer: The first Tana argues, he allows compromise even
after you sense what the verdict will be, until (Tosfos -
you know) the final verdict.
(a) The above Tana'im argue with R. Tanchum bar Chanila'i.
3) THE PERILS OF MISTAKEN JUDGMENT
1. (R. Tanchum bar Chanila'i): "U'Votze'a Berech Ni'etz
Hash-m" was said regarding the golden calf:
(b) What do the Tana'im (that argue with R. Shimon ben
Menasiya) learn from "Poter Mayim Reishis Madon"?
i. Question: "Va'Yar Aharon va'Yiven Mizbe'ach
Lefanav" - what did he see?
ii. Answer (R. Elazar): He saw Chur (the son of
Miryam and Kalev) Zavu'ach (slaughtered), and
saw that if he protests, they will kill him
also, fulfilling "Im Yehareg b'Mikdash Hash-m
Kohen v'Navi", and then there will be no
atonement for Benei Yisrael;
iii. He reasoned, it is better that I make the calf,
perhaps Teshuvah will help.
(c) Answer: They learn Rav Hamnuna's law.
1. (Rav Hamnuna): A person is first judged (in the
world to come) about his Torah learning - "Poter
Mayim Reishis Madon".
(d) (Rav Huna): A dispute is like water conduits - if it is
not plugged up immediately, it overflows.
(e) (Abaye Kashisha): It is like planks on a bridge - with
time, they become fixed (also, a dispute gets stronger).
(f) A man (Tuvya) used to say 'Because I hear people abuse me
and keep quiet, I am exempted from misfortunes.'
(g) (Shmuel): "Poter Mayim Reishis *Madon*" - one who begins
a dispute initiates 100 judgments (Me'ah Dinim).
(h) A certain man used to say 'It is common that a person is
not punished (immediately) for two or three
(i) (Shmuel): "...Al Sheloshah Pishei Yisrael v'Al Arba'ah Lo
Ashivenu" (but he will be punished for the fourth).
(j) A certain man used to say 'A peaceable person will be
saved from seven pits, a Rasha will fall in the first'.
(k) (Shmuel): We learn this from "Ki Sheva Yipol Tzaidk
va'Kam u'Rsha'im Yikashelu v'Ra'ah".
(l) A certain man used to say 'If Beis Din took a person's
garment, he should rejoice (he was saved from sin)'.
(m) (Shmuel): We learn this from "(If you will appoint
judges) Ha'Am ha'Zeh...Yavo v'Shalom".
(n) A certain man used to say 'When a weaver naps, her basket
drops from her head (and people do not know her trade).'
(o) (Shmuel): We learn this from "Ba'Atazaltayim Yimach
(p) A certain man used to say 'The one I relied on raised his
hand (Aruch - his weapon) against me'.
(q) (Shmuel): We learn this from "Gam Ish Shlomi Asher
Batachti Bo (tried to kill me)"
(r) A certain man used to say 'When I was close with my wife,
we could both fit on the blade of a sword; now that our
love has waned, a bed 60 Amos wide does not suffice.'
(s) (Rav Huna): We learn this from the Mishkan: "...V'Dibarti
Itecha me'Al ha'Kapores";
1. (Beraisa): The Aron was nine Tefachim tall, the
Kapores (cover) was one Tefach thick;
2. "Shlomo built (the Beis ha'Mikdash)...u'Sheloshim
Amah Komaso"; after Yisrael sinned, the Shechinah
did not dwell there - "...Ha'Shamayim Kis'i Ei Zeh
Vayis Asher Tivnu Li".
(a) Question: How do we know that "Saguru" means gathering?
(b) Answer #1 (Rav Nachman): "V'Yayin Lo Sishteh v'Lo
(c) Answer #2 (Rav Acha bar Yakov): "Tachin ba'Kayitz Lachmah
Agrah ba'Katzir Ma'achalah".
(d) Answer #3 (Rav Acha brei d'Rav Ika): "Oger ba'Kayitz Ben
(e) (R. Shmuel bar Nachmani): A judge that gives the true
verdict causes the Divine Presence to rest in Yisrael -
"Elokim Nitzav ba'Adas Kel".
1. A judge that does not give the true verdict causes
the Divine Presence to depart from Yisrael -
"Mi'Shod Aniyim...Ata Akum Yomar Hash-m".
(f) (R. Shmuel bar Nachmani): If a judge that takes from one
and gives to another improperly, Hash-m takes his soul -
"Al Tigzal Dal...v'Kava Es Kove'eihem Nafesh".
(g) (R. Shmuel bar Nachmani): A judge should imagine that a
sword is between his thighs and an opening to Gehinom is
below him - "Mi'Giborei Yisrael...Melumedei Milchamah
(Chachamim, skilled in Torah)...mi'Pachad ba'Leilos",
from the fear of Gehinom which is like night.
(h) Question (R. Yoshiyah): "Beis David...Dino la'Boker
Mishpat" - the whole day is fit for judgment, not just
4) APPOINTMENT OF JUDGES
(i) Answer: Do not give the verdict until it is as clear to
you as morning.
(j) (R. Chiya bar Aba): We learn this from "Emor la'Chachmah
Achosi At" - do not give the verdict until it is as clear
to you as your sister (that she is forbidden to you).
(k) (R. Yehoshua ben Levi): If 10 judges judge together and
err, all will be punished.
(l) Question: This is obvious!
(m) Answer: The Chidush is, even a Talmid (who sees that his
Rebbi is erring and remains silent) will be punished.
(n) When Rav Huna would judge, he would gather 10 Chachamim
with him, so he would not bear the punishment alone
should he err.
(o) When Rav Ashi would rule about a Treifah, he would gather
all the butchers of his city, so he would not bear the
punishment alone should he err.
(a) (Rav Dimi): "Melech b'Mishpat Ya'amid Aretz v'Ish Terumos
Yehersenah" - if a judge is financially independent(R.
Chananel; Rashi - expert in the laws), like a king who
does not need anyone else, he will establish order in the
1. If he is like a Kohen who goes to the granaries to
get Terumah, he will destroy it.
(b) The Nasi's house appointed an unlearned judge.
(c) Yehudah bar Nachmani was asked to say loudly (for all to
hear) what the judge would say; the judge said nothing,
so Yehudah expounded:
1. "Hoy Omer la'Etz ha'Kitzah" - Hash-m will punish
those who appointed him - "Va'Sh-m b'Heichal Kodesho
Has Mipanav Kol ha'Aretz" (this transgression can
destroy the world).
(d) (Reish Lakish): Appointing an unlearned judge is like
planting an Asheirah - it says "Shofetim v'Shoterim Titen
Lecha", followed by "Lo Sita Lecha Asheirah Kol Etz".
(e) (Rav Ashi): Appointing an unlearned judge when Chachamim
are available is like planting an Asheirah next to the
Altar - it says "...Asheirah...Etzel Mizbach Hash-m"
(f) Question: "Lo Sa'ason Iti Elohei Kesef v'Eilohei Zahav" -
are wooden idols permitted?!
(g) Answer (Rav Ashi): 'Gold and silver' teach about Elohim
(judges) that paid gold or silver to be appointed.
(h) When Rav would go to judge, he would say (about himself)
'Do I accept liability to die (if I err), without
commanding about my estate, and I receive no gain from
this?! May Hash-m help me to return guiltless, as I
1. When he would see people following him, he would say
(to refrain from thoughts of pride) "Im Ya'aleh
la'Shamayim Si'o...K'Gelelo la'Netzach (his end is
to rot like excrement)."
(i) When Mar Zutra Chasida taught laws of the festival before
the festival, people would carry him on their shoulders
(to take him quickly, in order that Talmidim should not
have to stand for him until he walks to his place); he
would say "Ki Lo l'Olam Chosen v'Im Nezer l'Dor Dor
(wealth will not last forever)".
(j) Question (Bar Kapara): What is the source (for the
Mishnah) 'Be deliberate in judgment'?
(k) Answer (Bar Kapara): It says "Lo Sa'aleh v'Ma'alos",
followed by "V'Aleh ha'Mishpatim"
(l) Question (R. Elazar): What is the source that even judges
should not (walk above where people are seated, appearing
to) walk above the heads of Yisrael?
(m) Answer (R. Elazar): It says "Lo Sa'aleh v'Ma'alos",
followed by "V'Aleh ha'Mishpatim".
(n) Question: That verse continues "Asher *Tasim*" - it
should say 'Telamdem (you will teach)'!
(o) Answer (R. Yirmeyah): This comes to include judges'
1. When Rav Huna went to judge, he would request a
staff (for lashes mid'Rabanan), a leather strap (for
lashes mid'Oraisa), a shofar (for Niduy
(excommunication), and a shoe (for Chalitzah).
(p) (R. Yochanan): "Va'Atzaveh Es Shofteichem" - judges
should be zealous in using the staff and strap to instill
fear in the congregation (for the sake of Heaven).
(q) (R. Chanina): "Shamo'a Bein Acheichem u'Shfattem Tzedek"
- Beis Din may not hear one party before the other party
1. "Shamo'a" can be read 'Shma', warning a litigant not
to present his case before the other party comes.
(r) (Reish Lakish): "U'Shfattem Tzedek" - reach the correct
law, then enact it.
2. (Rav Kahana): We learn this from "Lo Tisa (Shema
Shav - do not *receive* a false report)" - we read
this "Lo Tasi (do not *give*)".
(s) (Rav Yehudah): (The verse continues) "Bein Ish u'Vein
Achiv" - even between brothers dividing a house and its
second story (award compensation to the one receiving the
1. "U'Vein Gero" - award compensation even between
different types of ovens (Rashi; Aruch - ensure that
each oven is kept the proper distance from the floor
and ceiling, so it will not damage).