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 25
1) WHY ARE DICEPLAYERS DISQUALIFIED?
(a) (Mishnah - R. Yehudah): When is this? If they have no
other profession - but if they have another profession,
they are Kesherim.
2) THOSE WHO LEND WITH "RIBIS"
(b) Question: This shows that the reason is because they do
not contribute to society - this refutes Rami bar Chama!
1. Suggestion: Chachamim argue with R. Yehudah, they
disqualify because it is Asmachta.
(c) Answer: Rami bar Chama is an Amora, just like R. Yehoshua
ben Levi and R. Yochanan - he argues with them, he says
that 'When is this?' shows that R. Yehudah argues with
the first Tana.
2. Rejection: R. Yehoshua ben Levi taught, whenever R.
Yehudah says (in a Mishnah) 'When is this?' or 'What
is the case?', he does not argue, he rather explains
the first Tana;
3. (R. Yochanan): When R. Yehudah says 'When is this?',
he explains; when he says 'What is the case?', he
(d) Question: Surely, R. Yehudah argues with Chachamim!
1. (Beraisa): Whether or not he has a profession he is
(e) Answer: That Beraisa is not Chachamim, it is R. Yehudah
according to R. Tarfon.
1. (Beraisa - R. Yehudah citing R. Tarfon): (Reuven
said 'I accept Nezirus if Ploni is a Nazir; Shimon
said 'I accept Nezirus if Ploni is not a Nazir'.) In
any case, neither Reuven nor Shimon is a Nazir,
because (acceptance of) Nezirus requires Hafla'ah
(certainty - likewise, betting is Asmachta, it is
not an acquisition).
(a) (Mishnah): Those who lend on Ribis (are disqualified from
testifying and judging)
3) "MAFRICHEI YONIM"
(b) (Rava): One who borrows on Ribis is disqualified.
(c) Question: The Mishnah taught, those who lend on Ribis!
(d) Answer: It means, a loan on Ribis disqualifies (the
lender and borrower).
(e) Ploni testified 'I saw Bar Binisum borrow on Ribis',
Almoni testified 'I borrowed from Bar Binisum on Ribis';
Rava disqualified Bar Binisum.
(f) Question: But Rava said that one who borrows on Ribis is
disqualified, therefore, Almoni is a Rasha - "Al Tesht
(g) Answer: Rava ruled according to another of his teachings.
1. (Rava): A person is considered a relative with
respect to himself, he cannot disqualify himself by
saying that he is a Rasha.
(h) A butcher sold Treifah meat in the guise of Kosher; Rav
Nachman disqualified (many texts say - excommunicated)
him and deposed him.
1. The butcher let his hair and nails grow (signs of
repentance); Rav Nachman thought to return him to
(i) Question: How do we know that he has repented?
2. Rava: Perhaps he is scheming!
(j) Answer: Rav Idi bar Avin taught, one suspected of selling
Treifah meat in the guise of Kosher is not trusted until
he goes to a place where he is not known and returns a
valuable lost object or admits that one of his animals is
Treifah, suffering a major loss.
(a) (Mishnah): Mafrichei Yonim.
(b) Question: What does this mean?
(c) Answer #1 (Chachamim of Bavel): People who bet 'If my
bird will come before your bird...'
(d) Answer #2 (Rav Chama bar Oshaya): People who train their
birds to lure other birds after them (i.e. they take
(e) Question: Why didn't Chachamim of Bavel say this?
(f) Answer: That is (not real theft, for flying birds are
Hefker, taking them is) only considered theft mid'Rabanan
on account of Shalom.
(g) Question: Why didn't Rav Chama bar Oshaya say that they
(h) Answer: The Mishnah already taught diceplayers!
1. Chachamim of Bavel say that the Tana must teach
both: diceplayers expect to win on account of their
own skill, bird racers expect to win on account of
2. If he only taught one who relies on himself, one
might have thought this is Asmachta, for he is sure
that he is more skilled, but one who relies on his
bird realizes that he may win or lose;
4) OTHER PEOPLE THAT ARE DISQUALIFIED
3. If he only taught one who relies on his bird, one
might have thought that this is Asmachta, for he is
sure he will win because he is more skilled to bang
on boards to make his bird go faster, but a
diceplayer realizes that he may lose.
(i) Question (Beraisa): Diceplayers - these are people who
play (and bet) with chips of wood, or nut shells or
1. Question: How do we know when they have repented?
(j) Answer: It applies to Shor ha'Bar (wild ox or bison - it
can be trained to lure animals from quarries, which is
also theft on account of the ways of Shalom).
2. Answer: When they break their chips and fully cease
their former actions, that they will not even play
3. People who lend on Ribis - also people who borrow on
Ribis are disqualified;
i. We know that they have repented when they tear
up their documents and fully cease their former
actions, that they will not even lend to
Nochrim on Ribis.
4. Mafrichei Yonim are people who incite their birds,
the same applies to those who incite Behemos or
i. We know that they have repented when they break
their boards and fully cease their former
actions, that they will not do so even in the
5. Socharei Shemitah - these are people who buy and
sell Shemitah produce;
i. We know that they have repented when the next
Shemitah comes, and they refrain.
6. Summation of question: It says that Mafrichei Yonim
also applies to Behemos - we understand this
according to the opinion that Mafrichei Yonim race
ii. R. Nechemyah: Verbal repentance does not
suffice, they must return money, e.g. 'I
profited 100 Zuz from selling Shemitah produce,
I give it to the poor.'
i. But if Mafrichei Yonim train their birds to
lure other birds after them, this does not
apply to Behemos!
1. This is according to the opinion that Shor ha'Bar is
i. (Mishnah): Shor ha'Bar is a Behemah;
ii. R. Yosi says, it is a Chayah.
(a) (Beraisa): Chachamim later decreed that also robbers and
Chamsanim (people who force others to sell) are
(b) Question: Robbers are disqualified mid'Oraisa!
(c) Answer: The case is, one who takes an object found by a
child, lunatic or deaf person;
1. Originally, they did not disqualify them, because it
is not common; alternatively, because it is only
theft on account of the ways of Shalom;
(d) Originally, they did not disqualify Chamsanim - since
they pay, they merely coerce the owner to sell (the sale
2. Later, they disqualified them, because they do take
1. Later, they disqualified them, because they saw that
they take and give money, even if the owners do not
agree to sell.
(e) (Beraisa): Chachamim later decreed that also shepherds,
Gaba'im and Muchsim (tax collectors who take too much, or
who do not take the right amount from each person) are
1. Originally, they did not disqualify shepherds,
because they thought it is just a chance happening
that their animals graze in others' fields;
(f) (Rava): Shepherds of small animals (i.e. that do not
work) and of big animals are disqualified.
2. Later, they disqualified them, because they saw that
they intend for this.
3. Originally, they did not disqualify tax collectors,
because they thought that they only take what they
are entitled to;
4. Later, they disqualified them, because they saw that
they take more than they should.
(g) Contradiction (Rava): Shepherds of small animals in Eretz
Yisrael are disqualified, in Chutz la'Aretz they are
1. Shepherds of big animals are Kesherim even in Eretz
(h) Resolution: The latter teaching refers to people who
raise animals in their houses (big animals can be guarded
properly, but small animals will escape and graze in
others' fields; the former teaching refers to people who
raise animals in the field, even big animals graze in
(i) Support (Mishnah - R. Meir): If one party said 'You may
use my father, or your father, or three cattle
1. Suggestion: He allows the other party to use them
for witnesses (but normally, they are disqualified)!
(j) Rejection: No, he allows the other party to use them for
judges (normally, they are not qualified because they are
(k) Support: Presumably, this is correct, for the Mishnah
mentions *three* cattle shepherds - if he accepts them to
testify, only two are needed!
(l) Question: If he allows the other party to use them for
judges (but normally, they are unqualified because they
are unlearned), why does it mention shepherds, it could
have mentioned any three unlearned people!
(m) Answer: Shepherds is a Chidush, for they are not normally
in town and never see Beis Din (yet Chachamim say that he
(n) (Rav Yehudah): We assume that a shepherd is disqualified
(even before we see him graze animals in others' fields),
we assume that a tax collector is Kosher (until we hear
that he takes too much).
(o) R. Zeira's father collected taxes for 13 years; he would
collect a minimal amount, and tell the mayor that there
are few people in the city. When the mayor was around, R.
Zeira's father would tell people to hide, lest the mayor
see many people and demand more taxes.
1. To Chachamim, he would say "Lech Ami Bo
va'Chadarecha" - he did not fear that they will
inform on him that he tells them to hide;
(p) When he was dying, he commanded 'I have 13 coins wrapped
up - I collected from Ploni, return them, I will not need
to give them to the mayor'.
2. To others, he would hint subtly that the mayor will
demand more if he sees many people, they understood