POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Sanhedrin 8
1) JUDGING FRIENDS
(a) (Rav Yehudah): "Lo *Sakiru* Panim ba'Mishpat" - do not
show favoritism to your friend;
2) CAN A MUMCHEH JUDGE FINES BY HIMSELF?
(b) (R. Elazar): Do not Misnaker (estrange, i.e. obligate)
(c) A man said to Rav 'Do you remember, I hosted you'?
1. Rav: Yes.
(d) Rav disqualified himself from judging him; he told Rav
Kahana to judge.
2. The man: I want you to judge my case.
1. Rav Kahana saw that the man was haughty on account
of his relationship with Rav; he threatened him 'If
you do not listen, I will put you in Niduy'.
(e) (Reish Lakish): "Ka'Katan ka'Gadol Tishma'un" - a dispute
over a Perutah should be as important to a judge as a
dispute over 10,000 Zuz.
(f) Question: What difference does this make?
. If that he should investigate to reach the correct
verdict - this is obvious!
(g) Answer: He should not judge a case first because it
involves more money.
(h) (R. Chama b'Rebbi Chanina): "Lo Saguru Mipenei Ish Ki
ha'Mishpat l'Eilokim Hu" - not only do evil judges
(improperly) take money from people and give to others,
they make Hash-m 'toil' to return it!
(i) (R. Chanina): "Veha'Davar Asher Yoksheh
Mikem...u'Shmativ" - Moshe was punished for saying that
difficult cases will be brought to himself (and not the
Shechinah, therefore Hash-m forced him to have to ask) -
"Va'Yakrev Moshe Es Mishpatan Lifne Hash-m".
(j) Objection (Rav Nachman bar Yitzchak): Moshe did not say
'v'Ashmi'achem', rather, "U'Shmativ" - 'If I already
learned it, I can answer; if not, Hash-m will teach me'!
1. Rather, a Beraisa explains why Moshe had to ask.
(k) Contradiction: It says "Va'Atzaveh Es Shofteichem ba'Es
ha'Hi", and "Va'Atzaveh Eschem ba'Es ha'Hi"!
2. (Beraisa): It was fitting for Moshe to teach the
Parshah of inheritance (like the rest of the Torah),
Tzelafchad's daughters merited that it was taught
3. It was fitting for Moshe to teach about the
punishment for desecration of Shabbos, the one who
gathered wood on Shabbos was liable, it was taught
4. This teaches that Hash-m brings good things through
meritorious people, and bad things through
(l) Answer (R. Elazar): The congregation is commanded to fear
judges, the judges are commanded to bear the
(m) Question: How long must they bear the congregation?
(n) Answer (R. Chanin): "Ka'asher Yisa ha'Omen Es ha'Yonek
(o) Question: We read "Ki Ata Tavo Es ha'Am ha'Zeh", but it
is written "Tavi"!
(p) Answer (R. Yochanan): Moshe told Yehoshua that he will
enter (on a par) with elders of the generation; Hash-m
told Yehoshua to hit the elders with a staff, so they
will realize that each generation has only one leader.
(q) (Beraisa): Zimun is with three.
(r) Question: What does this mean?
1. Suggestion: The blessing of Zimun (before Birkas
(s) Answer: It refers to summonsing to Beis Din.
2. Rejection (Beraisa): Zimun and the blessing of Zimun
is with three.
1. (Rava): If a Shalia'ach of a Beis Din of three
summonsed someone in the name of one judge, this has
no effect, he must summons in the name of all of
2. This does not apply to a day when Beis Din normally
(a) (Mishnah): Double payment...
3) THE ARGUMENT ABOUT MOTZI SHEM RA
(b) Question (Rav Nachman bar Rav Chisda): How many judges
are needed for fines?
1. Question: What does he ask? The Mishnah explicitly
says that three judges are needed!
(c) Answer (Rav Nachman - Mishnah): Double payment and
payment of four or five require three judges.
2. Answer: He asks if a Mumcheh can judge fines by
1. Question: What kind of judges are discussed?
i. Suggestion: It discusses amateurs.
2. Answer: Rather, it discusses Mumchim, and three are
ii. Rejection: Rav Chisda's father taught, even 10
amateurs may not judge fines!
(a) (Mishnah): Chachamim say, 23 are needed for Motzi Shem Ra
(for sometimes it is a capital case).
(b) Question: When it is not a capital case (e.g. there are
no witnesses that the wife had Zenus (extramarital
relations)), why are 23 required?
(c) Answer #1 (Ula): R. Meir and Chachamim argue whether or
not we are concerned lest (it will become a capital case,
they will add judges, and) people will scorn Beis Din
(they will say that the first judges were unqualified to
judge by themselves).
1. Chachamim are concerned, R. Meir is not.
(d) Answer #2 (Rava): Neither Tana is concerned for this;
rather they argue whether or not we are concerned for the
honor of the first judges;
1. The case is, (the husband said that he had
witnesses, so) 23 judges were gathered for a capital
case, and they left (because he could not find
witnesses); and he asked them to judge monetarily
(to exempt him from the Kesuvah). (Chachamim are
concerned for the honor of the judges, so they
require all 23 to judge the case.)
(e) Question (Beraisa - Chachamim): If the husband had a
monetary claim, three judges are needed; if he had a
capital claim, 23 are needed.
1. We understand according to Rava - if he initially
had a monetary claim, three judges are needed; if he
initially had a capital claim, 23 are needed even
(e.g. if he could not find witnesses) to judge the
(f) Answer (Rava and R. Chiya bar Avin): The case is, he
brought witnesses of Zenus, her father brought witnesses
that were Mezim the husband's witnesses (they testified
that the witnesses were not where they claimed to see the
2. But according to Ula, Chachamim always require 23!
1. If her father demands to collect the fine (100 Zuz)
from the husband, three judges are needed; if his
witnesses are Chayavim Misah (e.g. Beis Din
sentenced her to die before Hazamah), 23 judges are
(g) Answer #3 (Abaye): Both Tana'im are concerned for scorn
and the honor of Beis Din; the case is, the witnesses
warned her that she will be killed for relations, they
did not specify which death penalty;
1. R. Meir and Chachamim argue like the following
(h) Answer #4 (Rav Papa): The case is, she is a Chaverah (she
knows the laws well); our Tana'im argue like the
2. (Beraisa): Regarding all other death penalties
(except for one who entices to serve idolatry), we
do not kill unless there are witnesses and the
transgressor was warned that Beis Din will kill him;
3. R. Yehudah says, he must be told which death penalty
he will receive. (R. Meir holds like R. Yehudah,
therefore it is only a monetary case; Chachamim hold
like Chachamim, it is a capital case).
1. (Beraisa - R. Yosi bar Yehudah): A Chaver is liable
even without warning, warning is only to clarify if
he transgressed unintentionally or intentionally
(and surely, a Chaver knew the law. Chachamim hold
like R. Yosi bar Yehudah, R. Meir holds like the
Chachamim that argue with him.)