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Rosh Kollel: Rabbi Mordecai Kornfeld

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Sanhedrin 19


(a) (Mishnah): He can do Chalitzah, his widow can do Chalitzah (but he may not do Yibum, for he is forbidden to marry a widow).
(b) We do not distinguish whether his Yevamah fell to Yibum from Kidushin or Nisu'in.
(c) We understand why he cannot Meyabem a Yevamah from Nisu'in - she is forbidden to a Kohen Gadol by a Lav (she is a widow) and an Ase (she is not a virgin), an Ase (Yibum) does not override a Lav and an Ase.
(d) Question: Why can't he Meyabem a Yevamah from Kidushin - she is only forbidden by a Lav, the Ase of Yibum should override it!
(e) Answer: Mid'Oraisa, he may Meyabem - Chachamim decreed against this, lest he have relations with her a second time (which is forbidden by a Lav - the Mitzvah of Yibum is only the first marital act).
(f) Support (Beraisa): If a Yavam (whose Yavamah is forbidden by a Lav) did Yibum, he acquired her (she is married to him); it is forbidden to have a second act of relations.
(a) (Mishnah - R. Meir): If one of his close relatives died...
(b) (Beraisa): "U'Min ha'Mikdash Lo Yetzei" - he does not go with the procession, but he follows after them: when the procession moves to a new area, he enters the previous area it passed.
(c) (Mishnah): Until they reach the gate of Yerushalayim. (R. Yehudah says, he does not leave the Mikdash - "U'Min ha'Mikdash Lo Yetzei".)
(d) Question: How can R. Meir answer this?!
(e) Answer: If we understand as R. Yehudah, the Kohen Gadol may not go home either!
1. Rather, it means he does not leave his *Kedushah* (he may not become Tamei).
2. Since he may not go with the procession, this reminds him not to become Tamei.
3. R. Yehudah says, out of sorrow he may come to Metamei himself.
(f) (Mishnah): When he consoles others...
(g) (Beraisa): When he goes to console (mourners standing in a line), the Segan (the Kohen ready to replace him if this will be required) and the Meshuach She'avar (one who once substituted for the Kohen Gadol) are on his right side, the Av Beis Din, mourners and everyone else are on his left;
1. When he stands in the line and others console him, the Segan is on his right side, the Av Beis Din and everyone else are on his left;
2. Inference: The Meshuach She'avar does not come to console him.
3. Question: What is the reason?
4. Answer: The Kohen Gadol might think 'He is happy about my loss.'
(a) (Rav Papa): We learn three things from this Beraisa:
1. The Segan is the Memuneh (mentioned in the Mishnah);
2. The mourners stand still and everyone else passes;
3. The mourners stand on the left of the consolers (when he goes to console, the mourners are on his left).
(b) (Beraisa): At first, the mourners would stand and everyone would pass;
1. There were two families in Yerushalayim that fought over which would pass first; they enacted that the consolers stand and the mourners pass.
(c) (Rami bar Aba): In Tzipori, R. Yosi returned the custom as it used to be (the mourners stand, everyone else passes).
(d) (Rami bar Aba): In Tzipori, R. Yosi enacted that a woman should not walk in the market with her son in back of her, on account of an incident. (People kidnapped her son; they told her where he was, and molested her when she went there.)
(e) (Rami bar Aba): In Tzipori, R. Yosi enacted that women should talk with each other in the Beis ha'Kisei, so a man will know not to go there (lest he be secluded with them).
(f) Question (Rav Menasiya bar Avas): What is the minimal size of a condolence line?
(g) Answer (R. Yoshiyah): It is at least 10, not including mourners;
1. This is true whether the mourners stand and everyone passes or vice-versa.
(h) (Mishnah): When he is consoled, they say...
(i) Question: When he consoles others, what does he say?
(j) Answer (Beraisa): And he says 'You should be consoled'.
(k) Question: What is the case?
1. If they are consoling him - this is like a curse that they should (become mourners and) need consolation!
(l) Answer: He consoles others (by saying this).
(a) (Mishnah): A king does not judge...
(b) (Rav Yosef): This only applies to kings of Yisrael, but kings of Beis David judge and are judged - "Beis David...Dino la'Boker Mishpat".
1. If they could not be judged, they could not judge!
2. (Reish Lakish): "Hiskosheshu va'Koshu" - first fix yourself, then correct others.
(c) Question: Why don't we judge kings of Yisrael?
(d) Answer: An episode occurred, Melech Yanai's slave killed someone; Shimon ben Shetach told Chachamim to judge him.
1. They told Yanai that his slave killed someone; Yanai sent him. They told Yanai that he should be there when his slave is judged - just as an ox is judged in front of its owner - "V'Hu'ad Bi'V'alav". Yanai came; he sat down.
2. Shimon ben Shetach: You must stand - not for us, but because you are in front of Hash-m - "V'Omedu Shnei ha'Anashim...Lifne Hash-m".
3. Yanai: I will not listen to you, rather, to the other judges.

4. The other judges looked down (they feared Yanai); Shimon ben Shetach said that Hash-m should punish them - the angel Gavri'el killed them all.
5. It was enacted then that kings of Yisrael do not judge, we do not judge them; they do not testify, we do not testify against them.
(e) (Mishnah): He does not do Chalitzah; his widow does not do Chalitzah...(R. Yehudah says, if he wants to do Chalitzah or Yibum, he may, he is praised for this.)
(f) Question: But Rav Ashi taught, even according to the opinion that a Nasi can pardon his honor, a king cannot - "Som Tasim Alecha Melech"! (In Chalitzah, the Yevamah spits at the Yavam.)
(g) Answer: He can pardon his honor for the sake of a Mitzvah.
(h) (Mishnah): One may not marry a king's widow (R. Yehudah says, he may, we learn from David - "Va'Etnah Lecha...Neshei Adonecha").
(i) (Beraisa): Chachamim answered: No - that refers to Sha'ul's *daughters*, Merav and Michal (but Sha'ul's widows were forbidden to David).
(j) Question: How could David marry two sisters in each other's lifetime?
(k) Answer #1 (R. Yosi): He married Michal after Merav died.
(l) Answer #2 (R. Yehoshua ben Korchah): He was never truly married to Merav, it was mistaken Kidushin - "Tenah Es Ishti Es Michal..."
(m) Question: How do we learn this from the verse?
(n) Answer (Rav Papa): Only Michal is Ishti (my wife), not Merav.
(o) Question: What was the mistaken Kidushin?
(p) Answer: "Ha'Ish Asher Yakenu Yaserenu ha'Melech Osher Gadol v'Es Bito Yiten Lo" - and David killed Galyus;
1. Sha'ul: I owe you money (for killing Galyus) - a loan does not make Kidushin.
2. Sha'ul gave Merav to Adri'el - "V'Hi Nitenah l'Adri'el".
3. Sha'ul: If you want to marry Michal, bring me 100 foreskins of Plishtim. (David did so.)
4. Sha'ul: These are worth a Perutah, but I also owe you money!
i. Sha'ul held that Kidushin made with a loan and a Perutah is invalid because she intends to become Mekudeshes through the loan, and this is invalid;
ii. David held that it is valid, she intends to become Mekudeshes through the Perutah.
5. Alternatively: Sha'ul agreed that she intends to become Mekudeshes through the Perutah; he said that the foreskins have no value, David did not give a Perutah;
i. David believed that they are worth a Perutah, one can feed them to dogs and cats.
(q) Question: What does R. Yosi learn from "Tenah Es Ishti Es Michal..."?
(r) Answer (Beraisa - R. Yosi): We expound different verses as if they were written together: "...Chameshes Benei Michal Bas Sha'ul Asher Yoledah l'Adri'el".
1. Question: Michal was not given to Adri'el, rather to Palti ben Layish - "V'Sha'ul Nasan Es Michal Bito Eshes David l'Palti ben Layish"!
2. Answer: Rather, the verse equates Merav's Kidushin to Adri'el to that of Michal to Palti ben Layish: just as the latter was invalid (because she was Mekudeshes to David), also the former!
(a) Question: What does R. Yehoshua ben Korchah learn from "Benei Michal...Asher Yoledah l'Adri'el?
1. Question: They were not Michal's sons, rather Merav's sons!
(b) Answer (to both questions): They were Merav's sons; Michal raised them, so they are called her sons;
1. This teaches that one who raises an orphan is credited as if he fathered him.
(c) R. Chanina learns this from "...Yulad Ben l'No'omi...Oved".
1. Question: He was not No'omi's son, rather, Rus' son!
2. Answer: Even though he was Rus' son, because No'omi' raised him, he is called No'omi's son.
(d) (R. Yochanan): We learn from "Yered Avi Gedor...(names of Moshe) Benei Bisyah Vas Paro Asher Lakach Mared".
1. Mared is Kalev - he is called Mared because he rebelled against the counsel of the other Meraglim.
2. Question: Moshe was not Basyah's son, rather, Yocheved's!
3. Answer: Even though he was Yocheved's son, because Basyah raised him, he is called her son.
(e) (R. Elazar): We learn from "Ga'alta bi'Zro'a Amecha Benei Yakov v'Yosef"
1. Question: Benei Yisrael descend from Yakov, (most are) not from Yosef!
2. Answer: Since Yosef provided their food, they are called by his name.
(f) (R. Shmuel bar Nachmani): Anyone who teaches another's child Torah, the Torah considers him to have fathered him - "V'Aleh Toldos Aharon u'Moshe";
1. Aharon fathered them, Moshe taught them, they are called Moshe's children.
(g) Question: "Beis Yakov Asher Padah Es Avraham" - where do we find that Yakov redeemed Avraham?
(h) Answer (Rav Yehudah): He redeemed him from (i.e. bore himself) the pain of raising (Rashi - many) children.
1. "Lo Ata Yevosh Yakov" - now (after enduring this awesome burden,) Yakov is not ashamed in front of Yitzchak;
2. "Lo Ata Panav Yechevaru" - now he is not ashamed in front of Avraham.
(i) Question: We find that Palti'el is called Palti!
(j) Answer (R. Yochanan): His name is Palti; he is called Palti'el because Palto Kel (Hash-m saved him from sinning).
1. He put a knife between himself and Michal and said 'Whoever will engage in relations, he will be stabbed with this sword'.
2. Question: But it says "Va'Yelech Itah Ishah" (we was her husband)!
3. Answer: He was *like* a husband to her (he raised and cared for her like a husband).
4. Question: "Halach u'Vacho" (if he never really married her, why was he so upset when she was taken)?
5. Answer: He cried because he lost the Mitzvah (of overcoming his temptation for her).
i. "Ad Bachorim" - they were like singles (they did not have relations).
(k) Version #1 - Rashi - (R. Yochanan): Yosef's great deed was a small matter for Bo'az; Bo'az' great deed was a small matter for Palti ben Layish.
1. Yosef's great deed was a small matter for Bo'az (Yosef was tempted by a married woman, Bo'az was tempted by a single girl (Rus) in bed with him) - "Va'Yecherad ha'Ish Vayilafes"
(l) Version #2 - Ramah - (R. Yochanan): Yosef had to muster all his strength to overcome his temptation (he originally wanted to sin), much more than Bo'az; Bo'az had to fight to overcome temptation, Palti ben Layish did not. (End of Version #2)
1. Question: What does it mean "Va'Yecherad ha'Ish *Vayilafes*"
2. Answer (Rav): His Ever became hard like a turnip.
3. Version #1 - Ramah: This shows that Bo'az had to fight to overcome temptation.
4. Version #2 - Rashi: Bo'az' great deed was a small matter for Palti ben Layish (Bo'az was tempted for one night, Palti was tempted for years).
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