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of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Sanhedrin 35


(a) (Mishnah): Monetary cases are judged and finished on the same day...
(b) Question: What is the source of this?
(c) Answer (Rav Simi bar Chiya): "V'Hoka Osam la'Sh-m Neged ha'Shemesh".
(d) (Rav Chisda): "V'Hoka" means hanging - it says V'Hokanum la'Sh-m b'Giv'as Sha'ul", and it says "Va'Tikach...ha'Sak va'Tatehu" (the bodies were exposed, because they were hanging).
1. Also: it says "Kach Es Kol Roshei ha'Am".
2. Question: The people sinned (with the women of Midyan and served Ba'al Pe'or), not the leaders!
3. Answer (Rav Yehudah): Hash-m told Moshe to set up many Batei Din to judge the sinners.
4. Question: What is the reason?
i. Suggestion: Because one Beis Din may judge only one capital case at a time.
ii. Rejection: It may not judge capital cases of different death penalties (or transgressions), it may judge many similar cases (i.e. of the same transgression).
5. Answer: Involving many people in punishing the sinners would assuage Hash-m's anger at Yisrael.
(a) (Mishnah): Capital cases can be finished on the same day for Zechus (and on the morrow for Chiyuv).
(b) Question: What is the source of this?
(c) Answer #1 (R. Chanina): "Mele'asi Mishpat Tzedek Yalin Bah v'Ata Meratzechim" (postponing the verdict until the morrow was good; now they do not, this is like murder)!
(d) Answer #2 (Rava): "Ashru Chamutz" - support a judge (some texts - happy is a judge) who delays giving the verdict.
1. R. Chanina expounds, "Ashru Chamutz" - but not Chometz (vinegar, i.e. do not help the thief to keep his theft)
(e) Question: How does Rava expound "Mele'asi Mishpat..."?
(f) Answer: He expounds like R. Elazar.
1. (R. Elazar): If Tzedakah is not given on the night after a fast (as is usual), rather the next day, it is like bloodshed - "...Tzedek Yalin Bah v'Ata Meratzechim".
2. This is only where they normally give bread and dates (for then, the poor expected to receive it and did not prepare food), but where they give money or grain, it is not a problem.
(g) (Mishnah): Therefore, we do not begin on Erev Shabbos (or Erev Yom Tov).
(h) Question: What is the reason?
(i) Answer: Because (if he is liable) we would not be able to finish the case properly.
1. We cannot plan on finishing on Erev Shabbos - if the majority are Mechayev, we need Halanas Din!
2. We cannot give the verdict and execute on the next day - Misas Beis Din does not override Shabbos!
3. We cannot execute right after Shabbos - "Neged ha'Shemesh" (we must kill during the day).
4. We cannot kill him on Sunday - this delays his execution after the sentence!
5. We cannot finish judging on Sunday - the judges might forget their reasoning!
i. Even though we write their words, we cannot write how each understood in his heart, this might be forgotten.
(a) Question (Reish Lakish): A Kal va'Chomer should teach that burying a Mes Mitzvah overrides Shabbos!
1. Avodah (in the Mikdash) overrides Shabbos, and burying a Mes Mitzvah overrides Avodah (as we now explain);
i. (Beraisa) Question: "L'Aviv...ul'Achoso Lo Yitama" - what does this teach?
ii. Answer: If someone (Tosfos; Rashi - the Kohen Gadol, who was a Nazir) was going to slaughter his Korban Pesach or circumcise his son and he heard that a relative died, one might have thought that he should become Tamei - "Lo Yitama";

iii. Suggestion: Perhaps, just as he does not become Tamei for his sister, he does not become Tamei for a Mes Mitzvah!
iv. Rejection: "Ul'Achoso" - to his sister he does not become Tamei, he becomes Tamei for a Mes Mitzvah.
2. Since burying a Mes Mitzvah overrides Avodah (which overrides Shabbos), all the more so it should override Shabbos!
(b) Answer (R. Yochanan): Misas Beis Din disproves this, for it overrides Avodah, it does not override Shabbos.
(c) Question (Reish Lakish): A Kal va'Chomer should teach that Misas Beis Din overrides Shabbos!
1. Avodah (in the Mikdash) overrides Shabbos, and Misas Beis Din overrides Avodah - "Me'Im Mizbechi Tikachenu Lamus" (if a Kohen that is Chayav Misah wants to do Avodah, we do not allow him, we judge him immediately).
2. All the more so, Misas Beis Din should override Shabbos!
(d) Answer (Rava): Tana d'vei R. Yishmael teaches that it does not.
(e) (Tana d'vei R. Yishmael) Question: "Lo Seva'aru Esh b'Chol Moshevoseichem b'Yom ha'Shabbos" - what does this teach?
1. Objection: We know what it teaches - according to R. Yosi, it teaches that burning is only a Lav; according to R. Noson, it separates the Melachos of Shabbos!
i. (Beraisa - R. Yosi): The Torah forbids all Melachos - it specifically forbids burning to teach that it is only a Lav, one is not Chayav Misah for it;
ii. R. Noson says, it is taught by itself to separate the Melachos (it teaches that one is liable for a single Melachah, and obligates one to bring a Korban for every Melachah done b'Shogeg).
2. Correction (Rava): Tana d'vei R. Yishmael asks why the Torah forbids burning "*B'chol Moshevoseichem*" (teaching, even in Chutz la'Aretz);
i. Shabbos is an obligation on people (it does not depend on land), we know that such Mitzvos apply everywhere!
(f) Answer (a Talmid citing R. Yishmael): "...B'Ish Chet Mishpat Maves v'Humas" - one might have thought, he can be killed on a weekday or Shabbos;
1. Question: But it says "Mechalaleha Mos Yumas" (and killing is a Melachah)!
2. Answer: That would apply to Melachos other than Misas Beis Din
3. Suggestion: Perhaps it includes Misas Beis Din, and "v'Humas" only applies on a weekday!
i. Suggestion: Or, perhaps "v'Humas" applies even on Shabbos!
(g) Conclusion: It says "Lo Seva'aru Esh b'Chol Moshevoseichem", and it says "L'Chukas Mishpat l'Doroseichem b'Chol Moshevoseichem" - just as 'Moshevos' in the latter verse refers to Beis Din, also in the former (i.e. it forbids burning in Beis Din to execute).
(a) (Abaye): Having learned that Misas Beis Din does not override Shabbos, a Kal va'Chomer should teach that Misas Beis Din does not override Avodah!
1. Avodah overrides Shabbos, but Misas Beis Din does not override Shabbos - all the more so, Misas Beis Din does not override Avodah!
2. Question: But it says "Me'Im Mizbechi Tikachenu Lamus"!
3. Answer: That refers to a Korban Yachid which does not override Shabbos (therefore, Misas Beis Din overrides it, but it should not override a Korban Tzibur)!
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