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 26
1) PEOPLE THAT TRANSGRESS SHEMITAH
(a) (Mishnah - R. Shimon): At first, they used to call such
people gatherers of Shemitah produce....
(b) Question: What does this mean?
(c) Answer #1 (Rav Yehudah): At first, they used to say that
gatherers of Shemitah produce are Kesherim (they do so to
eat it), Socharei Shemitah are disqualified;
1. It became rampant that people would say (to a poor
person) 'Take this money and gather produce for me';
(d) Objection (Benei Rachbah - Mishnah): After
*extortionists* became rampant... - according to Rav
Yehudah, it should say 'after *merchants* became
2. Version #1 (Rashi): Chachamim then decreed that they
are also Socharei Shemitah (since they gathered with
intent to sell) and are disqualified.
3. Version #2 (Ramah): Chachamim then called the poor
people Socharei Shemitah (since they picked the
produce in order to sell it to the gatherers) and
(e) Answer #2 (Benei Rachbah): At first, they used to say
that gatherers and Socharim of Shemitah are both
1. 'After extortionists became rampant' - this refers
to Arnona (a tax, a certain amount of produce is
levied on each field), they declared that gatherers
are Kesherim but Socharim are still disqualified;
(f) R. Chiya bar Zarnuki and R. Shimon ben Yehotzadak were
going to Asya to (consider whether or not to) Me'aber the
(coming) year; Reish Lakish saw them and accompanied them
to see how it is done.
2. R. Yanai announced 'Seed the land in Shemitah on
account of Arnona' (because Shemitah is only
(g) On the way, he saw a man plowing (it was Shemitah) - he
said, 'This must be a Kohen plowing in Shemitah'.
(h) R. Chiya and R. Shimon: Perhaps it is for the sake of
Arnona (Rashi - or he is a sharecropper in a Nochri's
(i) Later, Reish Lakish saw a man pruning a vineyard - he
said, 'This must be a Kohen pruning in Shemitah'.
(j) R. Chiya and R. Shimon: Perhaps he needs the vines to tie
the beam in his olivepress.
(k) Reish Lakish: He knows his intention!
1. Question: Which man did Reish Lakish see first?
(l) R. Chiya and R. Shimon: Our companion is quarrelsome!
i. It cannot be the man plowing, for then Reish
Lakish would not have accused the man pruning,
he could have assumed that it is for Arnona!
2. Answer: He first saw the man pruning.
3. Question: Why did he assume it was a Kohen working
4. Answer: Kohanim were suspected of transgressing
i. (Beraisa): If a Se'ah of Terumah fell into 100
Se'im of Shemitah produce, it is Batul (a
non-Kohen may eat it like regular Shemitah);
ii. If it fell into less than 100 Se'im, we must
leave the mixture to rot.
iii. Question: Why must it rot - we should sell the
mixture to Kohanim, except for the
(proportionate) value of the Terumah, they will
eat it with the stringencies of Terumah and
iv. Answer (Rav Chiya): This teaches that Kohanim
were suspected of transgressing Shemitah
(therefore, we do not give Shemitah produce to
(m) When they reached Asya, they went up to the roof and took
the ladder (so Reish Lakish could not follow them).
(n) Reish Lakish (to R. Yochanan): People suspected of
transgressing Shemitah (they defend transgressors!), are
they Kesherim to Me'aber the year?
(o) Retraction (Reish Lakish): This is not difficult, they
may participate, just as three cattle shepherds did
1. Chachamim rely on their own calculations whether or
not it is fitting to Me'aber the year.
(p) Retraction (Reish Lakish): Really, this is a problem!
Even though Chachamim rely on their own calculation,
three Kosher judges are required (to begin), not Kesher
(a band of) Resha'im!
(q) R. Yochanan: That is improper (to call them Resha'im)!
1. R. Chiya and R. Shimon came in front of R. Yochanan:
Reish Lakish called us shepherds, and you were
2. R. Yochanan: What should I have said?
(a) Question: What does it mean 'Kesher Resha'im'?
(b) Answer: Shevna (who was appointed over the house of
Chizkiyah ha'Melech) would expound in front of 130,000
people, Chizkiyah in front of 110,000;
1. When Sancheriv besieged Yerushalayim, Shevna sent a
message to him: Shevna and his followers surrender
to you, Chizkiyah and his followers do not -
"Ha'Resha'im Yidrechun Keshes" (Lashon ha'Ra is like
(c) Shevna went to dig a grave for himself in the burial
place of Beis David (to show that he considers himself
the king); Hash-m told him (through Yeshayah) "Mah Lecha
Fo...Hash-m Metaltelcha Taltelah Gaver" (He will drag you
like a man).
2. Chizkiyah was afraid - perhaps Hash-m will follow
the majority - since they will fall to the enemy,
also we will!
3. Hash-m reassured him (through Yeshayah) "Lo Somerun
Kesher l'Chol Asher Yomar ha'Am ha'Zeh Kesher";
4. "Kesher" refers to 'Kesher Resha'im', they are not
counted when determining the majority.
(d) (Rav): It is worse for a man to be dragged around than a
woman (Iyun Yakov - this opposes his nature, man was
created from the ground).
(e) (R. Yosi b'Rebbi Chanina): "V'Otecha Ato" - this teaches
that he became a Metzora, by which is also says "V'al
(f) (Beraisa): "Yitznofecha Tzefenah Kador" - he wanted to
disgrace his master's house, therefore his honor was
turned to shame.
(g) When he left Yerushalayim to make Shalom with Sancheriv,
Gabri'el closed the door in front of his camp.
3) ANNOUNCING THAT SOMEONE IS DISQUALIFIED
1. Sancheriv's men: Where are your followers?
(h) (R. Elazar): Shevna indulged in pleasures - "Lech Ba El
ha'Sochen", just as it says "Va'Tehi Lo Sochenes".
2. Shevna: They reconsidered.
3. Sancheriv's men: You mock us!
4. They pierced his ankles and hung him from the tails
of their horses; they dragged him on thorns.
(i) (Rav Yehudah or Eina): "Ki ha'Shasos Yeharesun Tzadik Mah
Pa'al" - if Chizkiyah and his followers would be
trampled, where is the reward for their righteousness?
(j) (The other of Rav Yehudah and Eina): If the Beis
ha'Mikdash would be destroyed, where is the reward for
(k) (Ula): If the Machshavos (plans) of that Rasha (Shevna)
will not be foiled, where is the reward for Tzadikim?
(l) Question: According to Ula, we understand why it says
1. We also understand according to the one who said 'If
the Beis ha'Mikdash would be destroyed';
(m) Answer #1: "La'Sh-m Metukei Eretz va'Yashes Aleihem
i. (Mishnah): There was a rock called Shesiyah
(under the Aron) from the days of the early
2. But according to the one who said 'If Chizkiyah and
his followers would be trampled', where do we find a
Tzadik called Shesos?
(n) Answer #2: "Hifli Etzah Higdil Toshiyah".
(o) (R. Chanan): Torah is called Shesiyah because it saps a
1. Alternatively: it is called Shesiyah because it was
given b'Chashai (quietly), on account of the Satan.
(p) Version #1 - Rashi - (Ula): Worry about finances makes a
person forget (everything, even) Torah - "Mefer
Machshevos Arumim v'Lo Sa'asenah Yedeihem Tushiyah".
2. Alternatively: it is called Shesiyah because it is
Toho (non-physical) and the world is Meshusas
(based) on it.
(q) Version #2 - Ramah - (Ula): Planning (when one will
accomplish something) inhibits a person from fulfilling
it, even Torah - "Mefer..." (end of Version #2)
(r) (Rabah): If one learns Lishmah, planning will not harm
his Torah - "Rabos Machashavos b'Lev Ish va'Atzas Hash-m
(a) (Mishnah - R. Yehudah): When is this?...
4) TRANSGRESSIONS THAT DISQUALIFY SOMEONE
(b) (R. Avahu): The Halachah follows R. Yehudah.
(c) (R. Avahu): All of them must be announced by Beis Din (to
be disqualified, until this they are Kosher).
(d) (Rav Acha or Ravina): A shepherd must be announced.
(e) (The other of Rav Acha and Ravina): He need not be
(f) Question: According to the opinion that he need not be
announced, we understand why Rav Yehuda taught that a
shepherd is assumed to be disqualified;
1. But according to the opinion that he must be
announced, why is this (he should be Kosher until
Beis Din disqualifies him)!
(g) Answer: Rav Yehudah means, Beis Din may announce about
him (without evidence), they may assume he should be
(h) Two thieves were signed of a gift document; Rav Papa bar
Shmuel thought to honor the document, because no
announcement was made about the thieves.
(i) (Rava): No - announcement is only for thieves
mid'Rabanan, thieves mid'Oraisa do not need announcement.
(a) (Rav Nachman): Those who take Tzedakah from Nochrim
(which desecrates Hash-m's name) are disqualified from
1. This is only if they take in public - if they take
privately, they are Kesherim.
(b) (Rav Nachman): One who is suspected of sexual immorality
is Kosher for testimony.
2. Even if they take in public, this is only if they
could take privately but do not;
i. If they have no choice but to take in public,
this is their livelihood, they are Kesherim.
(c) Objection (Rav Sheshes): We give forty lashes (for bad
repute), surely he is disqualified!
(d) (Rava): Rav Nachman admits that he is disqualified to
testify about a woman.
(e) (Ravina): Rava refers to testifying (alone) that a man
died (to permit his widow to remarry), he is Kosher to
testify that she became Mekudeshes.
(f) Objection: This is obvious!
(g) Answer: One might have thought, he prefers that she be
(established) to be married to increase his enjoyment -
"Mayim Genuvim Yimtaku" - Ravina teaches, this is not so,
when she is considered single, she is more available to
(h) (Rav Nachman): A thief of Nisan (harvest time) and
Tishrei (time of gathering) is not considered a thief.
1. This only refers to a sharecropper who takes a small
amount of something that need not be processed
further (he considers himself like a worker who may
eat while he works; in truth, since he receives a
portion of the produce, he is not entitled to this).
(i) Rav Zvid had two farmhands (who do not receive a portion
of the produce); one stole a Kav of barley, the other
stole a cluster of dates, Rav Zvid disqualified both of
(j) Burial workers buried someone on Shavu'os (on the first
day of Yom Tov) - Rav Papa excommunicated them and
disqualified them from testifying;
(k) Rav Huna brei d'Rav Yehoshua was Machshir them for
1. Rav Papa: They are Resha'im!
2. Rav Huna brei d'Rav Yehoshua: They thought they were
doing a Mitzvah.
3. Rav Papa: But I put them in Niduy (and they
continued to bury on Yom Tov)!
4. Rav Huna brei d'Rav Yehoshua: They reasoned that the
Mitzvah to bury the dead overrides Yom Tov, and your
Niduy was for atonement (because they had to
desecrate Yom Tov).