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 49
SANHEDRIN 49 (24 Cheshvan) - dedicated by Dr. Moshe and Rivkie Snow to the
memory of Rivkie's father, the Manostrishtcher Rebbe, Hagaon Rav Yitzchak
Yoel ben Gedaliah Aharon Rabinowitz Ztz"l. A personification of the Torah
scholar of old, the Ukranian born Rebbe lived most of his life in Brooklyn,
NY, where his warm ways changed many lives.
(a) They brought Yo'av for judgment; they asked 'Why did you
1. Yo'av: I was Go'el ha'Dam for my brother Asa'el.
(b) Questions: Why does it mention "V'Acharei Avshalom Lo
Nata", and why didn't he?
2. The Sanhedrin: He was pursuing Avner to kill him,
Avner was allowed to kill him (so the law of Go'el
ha'Dam does not apply)!
3. Yo'av: Avner should have stopped him by destroying
one of his limbs, without killing him.
4. The Sanhedrin: He was unable to do so.
5. Yo'av: "Va'Yakehu...El ha'Chomesh" - he was able to
(aim for and) strike the fifth rib, all the more so
he could have struck a limb that would not kill him!
i. (R. Yochanan): The gall bladder and liver are
attached to the fifth rib.
6. The Sanhedrin: Indeed, you are exempt for Avner; why
did you kill Amasa?
7. Yo'av: He was Mored b'Malchus - "Va'Yelech
Amasa...va'Yocher" (he delayed fulfilling David's
request to gather Yehudah).
8. The Sanhedrin: This was not rebellious, Amasa
expounded 'Ach' and 'Rak' to exclude:
i. It says "Kol Asher Yamreh Es Picha...Rak Chazak
ve'Ematz", to exclude a command of the king
contrary to Torah;
9. The Sanhedrin: Rather, you were Mored (for
supporting Adoniyahu's rebellion) - "Yo'av Nata
Acharei Adoniyahu v'Acharei Avshalom Lo Nata".
ii. When Amasa went to gather Yehudah, they were
learning, therefore he waited until they
(c) Answer #1 (R. Elazar): He thought to support Avshalom -
he did not, because David still had some of his strength.
(d) Answer #2 (R. Yosi b'Rebbi Chanina): David's strong-arms
were still around.
(e) (Rav Yehudah): David had 400 children from Yafos To'ar
(attractive women taken in war);
1. They grew Bluris (long hair in back), they sat in
gold wagons at the head of the troops - they were
the strong-arms of Beis David (to scare the enemy).
(f) R. Aba bar Kahana argues with Rav Yehudah.
1. (R. Aba bar Kahana): If not for the merit of David's
Torah, Yo'av would not have succeeded in war; if not
for Yo'av's success in war, David could not have
engaged in Torah;
(g) Question: "Yo'av...va'Yishlach Mal'achim Acharei Avner
va'Yashivu Oso *mi'Bor ha'Sirah*" - what is this?
2. We learn from "David Oseh Mishpat
u'Tzedakah...v'Yo'av ben Tzeruyah Al ha'Tzeva" -
each was dependant on the other.
(h) Answer (R. Aba bar Kahana): A pit and a thorn caused
Avner's death (David had an opportunity to kill Sha'ul;
instead, he took the flask near Sha'ul and (on another
such occasion) cut Sha'ul's garment. This should have
proven to Sha'ul that David did not want to kill him, but
Avner said that perhaps a servant took the flask to bring
water from a pit, and perhaps the garment was torn on a
(i) (R. Yochanan): "Va'Yatehu Yo'av El Toch ha'Sha'ar" -
Yo'av judged Avner like a Sanhedrin ('Sha'ar' normally
refers to a Sanhedrin).
1. Yo'av: Why did you kill Asa'el?
(j) "Ledaber Ito ba'Sheli" - he spoke with him about Shalu
(removing - Yo'av asked how a woman without hands does
Chalitzah, Avner bent down to demonstrate (i.e. with her
teeth), Yo'av drew his sword and killed him).
2. Avner: He was pursuing me!
3. Yo'av: You should have destroyed one of his limbs,
you did not have to kill him!
4. Avner: I was unable to do so.
5. Yo'av: "Va'Yakehu...El ha'Chomesh" - you were able
to strike the fifth rib, all the more so you could
have struck a limb that would not kill him!
(k) (R. Yochanan): "Va'Yakehu (Yo'av struck Avner) Sham
ha'Chomesh" - the gall bladder and liver are attached to
the fifth rib.
(l) "Asher Paga bi'Shnei Anashim Tzadikim v'Tovim Mimenu" -
Amasa and Avner were better than Yo'av, they expounded
'Ach' and 'Rak' to exclude a command of the king contrary
to Torah (Amasa did not interrupt people learning, Avner
refused to kill the Kohanim or Nov), Yo'av did not (he
1. They were bigger Tzadikim - they refused to fulfill
a verbal command of the king (contrary to Torah),
Yo'av fulfilled what he was commanded in a letter.
(m) (Rav): "Va'Amasa Lo Nishmar ba'Cherev Asher b'Yad Yo'av"
- he did not suspect that he wanted to kill him.
(n) Question: "Ya'Yikaver (Yo'av) b'Veiso ba'Midbar" - was
his house a wilderness?!
(o) Answer #1 (Rav Yehudah): It was like a wilderness - just
as a wilderness is Hefker to all, Yo'av's house was open
for the needs of the poor.
(p) Answer #2: Just as a wilderness is free of theft and
incest, also Yo'av's house.
(q) (Rav Yehudah): "V'Yo'av Yechayeh Es She'ar ha'Ir" - he
would share with the poor the very fish (delicacies) he
***** PEREK ARBA MISOS *****
2) THE ORDER OF SEVERITY OF THE DEATH PENALTIES
(a) (Mishnah): Beis Din administers four death penalties:
stoning, burning, beheading (by a sword), and choking;
(b) R. Shimon says, the order (from most severe to least
severe) is burning, stoning, choking, beheading.
(c) (Gemara - Rava): There is only one place where Chachamim
listed things and the order is important - the seven
1. (Mishnah): We apply seven ingredients to test a
stain (to determine whether or not it is from
menstrual blood) - saliva (of one who has not eaten
all day), chewed beans, urine (that putrefied),
nitre, Boris (plant leaves used for cleaning),
Kimolya (a white sand used for laundering) and
Ashlag (an herb used to clean hands).
(d) (Rav Papa Sava): Also in our Mishnah the order is
2. If they were not applied in this order, or they were
applied all at once, one may not rely on them.
1. Since R. Shimon argues, this shows that the first
Tana also cares about the order!
(e) (Rav Papa): Also regarding the Avodah of Yom Kipur the
order is important!
2. Rava was not discussing matters in which there is an
argument, so he did not count our Mishnah.
1. (Mishnah): Every Avodah of Yom Kipur given in order,
if it was done out of order it is invalid.
(f) (Rav Huna brei d'Rav Yehoshua): Also the order of the
Tamid offerings is importantl
2. Rava only discussed matters in which there is an
order of importance;
i. It is a mere stringency that Avodah of Yom
Kipur done out of order is invalid.
1. (Mishnah): This is the order of the Tamid.
(g) Rava intended to exclude Chalitzah.
2. Rav Papa did not add this because the order is only
1. (Mishnah): The Mitzvah of Chalitzah: the Yevamah and
Yavam come in front of Beis Din, they give him a
proper counsel - "V'Kor'u Lo Ziknei Iro";
(h) Rava also excludes the Mishnah of Bigdei Kehunah.
2. She says "Me'en Yevami...", he says "Lo Chafatzti
Lekachta", both in Lashon ha'Kodesh;
3. "L'Einei ha'Zekenim (v'Choltzah Na'alo) v'Yorkah
Befanav" - the judges must be able to see her spit.
4. (Rav Yehudah): "V'Onsah v'Omrah" - the Mitzvah is
that first she recites (the verses), then he does,
then she removes his shoe, spits, and she recites;
5. Question: What does Rav Yehudah teach? A Mishnah
6. Answer: He teaches that this is only l'Chatchilah,
if the order was changed, it does not make a
7. Support (Beraisa): Whether she removed his shoe and
then spit, or spit beforehand, the Chalitzah is
1. A Kohen Gadol serves with eight garments, a regular
Kohen with four: Kesones (a tunic), pants, hat, and
2. The Kohen Gadol wears these and four more: the
Choshen (on his chest), Efod (like an apron), Me'il
(coat), and Tzitz (plate on the forehead).
3. (Beraisa): He should wear the pants first -
"U'Michnesei Vad Yihyeh Al Besaro".
4. The Tana of the Mishnah listed the Kesones first,
because the Torah lists it first.
5. Question: Why does the Torah list it first?
6. Answer: Because it covers the entire body, it is