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 45
1) WHO IS STONED NAKED?
(a) (Mishnah): When he is four Amos from Beis ha'Skilah, they
remove his garments;
2) HOW STONING IS DONE
1. R. Yehudah says, we cover a man's genitals in front,
we cover a woman in front and in back;
(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
2. Chachamim say, only a man is stoned (virtually)
naked, not a woman.
(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
1. Suggestion: We stone men, not women.
(f) Answer: A man is stoned without his garment, not a woman.
2. Rejection: "Ve'Hotzeisa Es ha'Ish ha'Hu O Es
(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
(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
(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.
2. R. Yehudah says, if she was attractive in these
areas he does not uncover or untie.
1. Suggestion: Perhaps seeing her naked will arouse
desire for other women!
(k) Answer - part 2 (Rava): Chachamim always require the
Kohen to expose her, for it says "V'Nivasru Kol
2. Rejection: Rabah taught, we have a tradition, the
evil inclination only desires what a person saw.
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
(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
(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
(b) If he died from the fall, the Mitzvah was fulfilled; if
not, the other witness takes a rock and drops it on his
(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
(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).
3) THE ROCK
(a) (Mishnah): If not, the other witness takes a rock and
puts it on his heart.
4) IF WE CANNOT FULFILL EVERYTHING, DOES THE PARSHAH STILL APPLY?
(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.
(c) Answer (to both questions): The first witness helps him
to lift it, the second witness throws it himself, so it
will go forcefully.
2. Question: The same question applies to the Beraisa -
how can one witness take a rock that requires two
men to lift it?
(d) (Mishnah): If not, everyone stones him.
(e) Question (Beraisa): A person never survived the first
(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
(j) Contradiction (Beraisa): They are not buried with him!
(k) Answer (Rav Papa): They are buried in his area (within
(a) (Shmuel): If the witnesses' hands were cut off, the
defendant is not stoned.
5) WHO IS HANGED?
(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
(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
(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
1. Question: "Mos Yumas ha'Makeh Rotze'ach Hu" - one
might have thought, we can only give the Misah he
(i) Answer: That is an exception, it was expounded from the
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.
(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
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
(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!
2. Answer: "B'Fig'o Vo" - in any case.
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:
(o) Answer (Rav Ashi): No - each of those is extra to teach
that it is Me'akev.
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!
(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
(e) (Gemara - Beraisa - R. Eliezer) Suggestion: "V'Humas
v'Salisa" - one might have thought, everyone killed is
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
(f) Rejection: "Ki Kilelas Elokim Taluy" - just as a
blasphemer is stoned, and we hang him, also everyone that
(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).