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Rosh Kollel: Rabbi Mordecai Kornfeld

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Sanhedrin 45


(a) (Mishnah): When he is four Amos from Beis ha'Skilah, they remove his garments;
1. R. Yehudah says, we cover a man's genitals in front, we cover a woman in front and in back;
2. Chachamim say, only a man is stoned (virtually) naked, not a woman.
(b) (Gemara - Beraisa - R. Yehudah): A man is covered in one place in front, a woman is covered in two places, in front and in back, because her genitals are visible from both sides.
(c) Chachamim say, a man is stoned naked, not a woman.
(d) Question: What is Chachamim's reason?
(e) Answer - Question: "Va'Yirgemu Oso" - what do we learn from this?
1. Suggestion: We stone men, not women.
2. Rejection: "Ve'Hotzeisa Es ha'Ish ha'Hu O Es ha'Ishah".
(f) Answer: A man is stoned without his garment, not a woman.
(g) R. Yehudah says, "Oso" - only he is stoned, not his garment, the same applies to a woman.
(h) Inference: Chachamim are concerned lest onlookers be aroused to lust if they see her naked, R. Yehudah is not concerned.
(i) Contradiction: Elsewhere, they hold just the contrary!
1. (Mishnah): The Kohen holds the garments of the Sotah, we are not concerned if they tear; he uncovers her heart, and unties the braids of her hair;
2. R. Yehudah says, if she was attractive in these areas he does not uncover or untie.
(j) Answer - part 1 (Rabah): There, R. Yehudah is concerned that she will live, and young Kohanim will desire her; here, she has already been sentenced to die.
1. Suggestion: Perhaps seeing her naked will arouse desire for other women!
2. Rejection: Rabah taught, we have a tradition, the evil inclination only desires what a person saw.
(k) Answer - part 2 (Rava): Chachamim always require the Kohen to expose her, for it says "V'Nivasru Kol ha'Nashim";
1. Seeing a person stoned is the greatest deterrent, even if he or she is clothed.
(l) Question: Perhaps we should stone her naked for additional deterrent!
(m) Answer #1 (Rav Nachman): "V'Ahavta l'Re'acha Kamocha" - choose a nice death for him.
1. Suggestion: Rav Nachman's law is like Chachamim, R. Yehudah argues with it.
(n) Rejection (and Answer #2): Also R. Yehudah agrees with Rav Nachman's law;
1. R. Yehudah says that a woman is more concerned for her disgrace, she prefers to be stoned clothed; Chachamim say that she is more concerned for her pain, she prefers to be stoned naked, so she will die faster.
(a) (Mishnah): Beis ha'Skilah was twice a person's height; one of the witnesses would push him from his back;
1. If he fell face down, they would turn him on his side.
(b) If he died from the fall, the Mitzvah was fulfilled; if not, the other witness takes a rock and drops it on his heart.
(c) If he died from this, the Mitzvah was fulfilled; if not, everyone stones him - "Yad ha'Edim Tihyeh Bo va'Rishonah Lahamiso v'Yad Kol ha'Am ba'Acharonah"
(d) (Gemara - Beraisa): Since he is pushed from a standing position, he falls three times his height.
(e) Question: Is such a fall necessary to kill a person?!
1. Contradiction (Mishnah): A pit of 10 Tefachim can kill (but less than this, we do not attribute death to the fall).
(f) Answer (Rav Nachman): "V'Ahavta l'Re'acha Kamocha" - choose a nice death for him (that he will die quickly).
(g) Question: If so, we should make it even higher, he will die even sooner!
(h) Answer: If so, his limbs would fall off, this would be disgraceful.
(i) (Mishnah): One of the witnesses would push him...
(j) (Beraisa) Question: What is the source to push him?
(k) Answer: "Yaro" (he will be cast down).
(l) Question: What is the source to stone him?
(m) Answer: "Sakol"
(n) Question: What is the source that if he died from the fall, the Mitzvah was fulfilled?
(o) Answer: "Sakol Yisakel O Yaro Yiyareh".
(p) Question: (That verse was said regarding one who would ascend Har Sinai at the time of Matan Torah) - what is the source for all generations?

(q) Answer: "Sakol Yisakel" (future tense).
(a) (Mishnah): If not, the other witness takes a rock and puts it on his heart.
(b) Question (Beraisa - R. Shimon ben Elazar): There was a rock, so heavy that two men were needed to lift it;
1. He takes it and puts it on his heart; if he died from this, the Mitzvah was fulfilled.
2. Question: The same question applies to the Beraisa - how can one witness take a rock that requires two men to lift it?
(c) Answer (to both questions): The first witness helps him to lift it, the second witness throws it himself, so it will go forcefully.
(d) (Mishnah): If not, everyone stones him.
(e) Question (Beraisa): A person never survived the first rock.
(f) Answer: The Mishnah did not say that this sometimes happened, it just says that if this was necessary, it would be done.
(g) (Beraisa - R. Shimon ben Elazar): There was a rock...(implying, always the same one).
(h) Question (Beraisa): The following are buried with the executed person: the rock used to kill him, the wood he was hung from, the sword he was killed with, the cloth he was choked with.
(i) Answer: After burying it with him, a new stone was prepared.
(j) Contradiction (Beraisa): They are not buried with him!
(k) Answer (Rav Papa): They are buried in his area (within four Amos)..
(a) (Shmuel): If the witnesses' hands were cut off, the defendant is not stoned.
(b) Question: What is the reason?
(c) Answer: Since we cannot fulfill "Yad ha'Edim Tihyeh Bo va'Rishonah", we do not stone.
(d) Question: If so, witnesses without hands should be invalid from the beginning!
(e) Answer: It says "Yad ha'Edim" - the verse teaches that if they had hands from the beginning, those hands must kill him.
(f) Question (Mishnah): If two witnesses will say (anywhere) 'We testify that Reuven was sentenced to Misah in Beis Din Ploni, the witnesses were David and Meir', we kill Reuven (even though David and Meir are not here to kill him)!
(g) Answer (Shmuel): No, that is when David and Meir themselves testify now (that Reuven was sentenced on account of their testimony in Beis Din Ploni, they themselves will kill him).
(h) Question: Is it really true that if we cannot fulfill everything in the verse, the whole Parshah does not apply?!
1. Question: "Mos Yumas ha'Makeh Rotze'ach Hu" - one might have thought, we can only give the Misah he deserves;
i. What is the source to kill him any other way if we cannot give the proper Misah?
2. Answer: "Mos Yumas ha'Makeh" - the verb is doubled to teach this.
(i) Answer: That is an exception, it was expounded from the verse.
(j) Question: We should learn from it to other places (that even if we cannot fulfill everything in the verse, the Parshah still applies)!
(k) Answer: This and Go'el ha'Dam (the relative of one who was murdered, he may kill the murderer outside a refuge city) are two verses teaching this principal; one of them could have been learned from the other, therefore they do not teach about other laws.
(l) Question: What is the verse of Go'el ha'Dam?
(m) Answer (Beraisa): "Go'el ha'Dam Yamis Es ha'Rotze'ach" - it is a Mitzvah for him to kill the murderer (outside the city).
1. Question: What is the source that if there is no Go'el ha'Dam, Beis Din appoints one (Rashi - to kill a Shogeg murderer outside his Ir Miklat; R. Chananel - anyone who finds him should kill him; Me'iri - to strive to bring the murderer (if he was Mezid) to Beis Din)?
2. Answer: "B'Fig'o Vo" - in any case.
(n) Question (Mar Kashisha brei d'Rav Chisda): All should agree that if we cannot fulfill everything in the verse, the Parshah does not apply!
1. (Mishnah): A boy cannot be killed like a Ben Sorer u'Moreh (son who steals from his parents to eat and drink) if one of his parents lacks hands, or is mute, lame, blind, or deaf:
2. "V'Sofsu Vo" - they must have hands;
3. "Ve'Hotzi'u Oso" - they cannot be lame;
4. "V'Omru" - they cannot be mute;
5. "Beneinu Zeh" - they cannot be blind;
6. "Einenu Shome'a b'Koleinu" - they cannot be deaf (if so, they could not tell if he accepted their words).
7. Suggestion: These requirements are because (always) if we cannot fulfill everything in the verse, the Parshah does not apply!
(o) Answer (Rav Ashi): No - each of those is extra to teach that it is Me'akev.
(p) Support (for Shmuel - Beraisa - R. Yishmael): If a city (in which most of the people served idolatry) does not have a street, it cannot become an Ir ha'Nidachas;
(q) R. Akiva says, if it has no street, we build a street.
1. They only argue whether or not the street must be there from the beginning, but all agree that we must have a street (in which to gather everything)!
(r) Conclusion: Tana'im argue about this principal.
1. (Mishnah): If a Metzora does not have a right thumb, big toe or ear (on which the blood of the Asham and oil must be put), he can never become Tahor;
2. R. Eliezer says, it suffices to put it in the place of the missing limb.
3. R. Shimon says, it suffices to put it on the left thumb, toe or ear.
(a) (Mishnah - R. Eliezer): Everyone that is stoned is hung;
(b) Chachamim say, only a blasphemer or idolater is hung.
(c) R. Eliezer says, we hang a man facing people, we hang a woman facing the beam;
(d) Chachamim say, we only hang men, not women.
1. R. Eliezer: But Shimon ben Shetach hung women in Ashkelon!
2. Chachamim: He hung 80 in one day, even though we do not judge two capital cases in one day (it was on account of a special need, it was not according to Halachah).
(e) (Gemara - Beraisa - R. Eliezer) Suggestion: "V'Humas v'Salisa" - one might have thought, everyone killed is hung;
(f) Rejection: "Ki Kilelas Elokim Taluy" - just as a blasphemer is stoned, and we hang him, also everyone that is stoned.
(g) Chachamim say, just as a blasphemer is Kofer b'Ikar (brazenly defies Hash-m) and is hung, also anyone who is Kofer b'Ikar (i.e. an idolater).
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