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Sanhedrin 56

SANHEDRIN 56 - dedicated anonymously by a subscriber from Teaneck with prayers for a Refu'ah Sheleimah for Esther Basha bas Malka Faiga.


(a) (Mishnah): A blasphemer is liable only if he explicitly says Hash-m's name.
(b) R. Yehoshua ben Korchah says, during the trial, the witnesses use a euphemism (e.g. Yosi) for Hash-m's name, they say '(He said) Yosi should strike Yosi';
1. After reaching a verdict of guilty, before killing him we tell everyone else to leave, and we ask the greatest witness to say exactly what he heard;
2. He does so; the judges stand, tear their clothing and may never sew it back;
3. The second witness says, I heard as he did; if there are more witnesses, each says (one after the other) 'I heard as he did'.
(c) (Gemara - Beraisa): He is liable only if he curses Hash-m with Hash-m's name.
(d) Question: What is the source of this?
(e) Answer (Shmuel): "V'Nokev Shem...b'Nokvo Shem Yumas" (there must be two mentions of Hash-m's name).
(f) Question: What is the source that "Nokev" refers to cursing?
(g) Answer #1: "Mah Ekov Lo Kabo El";
1. We are warned not to do so from "Elokim Lo Sekalel".
(h) Question: Perhaps 'Nokev' refers to making a hole in Hash-m's name, as it says Va'Yikov Chor b'Dalto";
1. The warning not to do so would be "V'Ibadtem Es Shemam...Lo Ta'asun Ken la'Sh-m Elokeichem".
(i) Answer #1: The prohibition is 'Nokev Shem' *with* Hash-m's name.
(j) Question: Perhaps he puts two names of Hash-m one on top of the other, and cuts both!
(k) Answer #1: That is 'Nokev Shem' twice, it is not 'Nokev Shem *ba*'Shem' (with Hash-m's name).
(l) Question: Perhaps he carves Hash-m's name on the end of a knife, and cuts Hash-m's name with it!
(m) Answer #1: The blade makes the hole, not Hash-m's name.
(n) Question: Perhaps it means to explicitly say Hash-m's name - "Asher Nikvu b'Shemos";
1. The warning not to do so would be "Es Hash-m Elokecha Tira".
(o) Answer #1: That is not 'Nokev Shem' *with* Hash-m's name.
(p) Answer #2: "Es Hash-m Elokecha Tira" is an Ase, it is not a warning.
(q) Answer #3 (and Answer #2 to all the other questions): "(The man killed for Nokev Shem) Va'Yikov...va'Ykalel" - this teaches that he cursed Hash-m.
(r) Question: Perhaps one is not liable until he does both (Nokev and blasphemy)!
(s) Answer: It says "Hotzei Es ha'Mekalel", it does not say that he was taken to be stoned for Nokev and blasphemy - this teaches that Nokev is blasphemy.
(a) (Beraisa): "Ish *Ish* (Ki Yekalel Elokav)" - comes to include Nochrim, they are warned against blasphemy like Yisraelim;
1. They are killed by the sword, this is the punishment for any of their transgressions.
(b) Question: A different verse teaches this!
1. "(Va'Ytaz) Hash-m (Elokim Al ha'Adam)" - this teaches blasphemy.
(c) Answer (R. Yitzchak Nafcha): "Ish Ish..." teaches that Nochrim are liable for blasphemy with Kinuyim (other names of Hash-m), the Beraisa is like R. Meir.
1. (Beraisa - R. Meir) Question: "Ish Ish Ki Yekalel Elokav v'Nasa Chet'o" - what do we learn from this, it already says "V'Nokev Shem Hash-m Mos Yumas"!
2. Answer: Since it says "V'Nokev Shem", one might have thought that one is liable only for the special (four letter) name of Hash-m - "Ish Ki Yekalel *Elokav*" (this is not Hash-m's special name) obligates for Kinuyim.
3. Chachamim say, one is killed for Hash-m's special name, one who curses a Kinuy transgresses a Lav. (Presumably, if a Yisrael is not killed for Kinuyim, Nochrim are not commanded about this.)
(d) R. Yitzchak Nafcha argues with R. Meisha.
1. (R. Meisha): If a Nochri cursed a Kinuy, Chachamim say that he is liable.
2. Question: What is the reason?
3. Answer: "Ka'Ger ka'Ezrach" - a Ger (convert) or Ezrach (Ben Yisrael) is only liable for "B'Nakvo Shem" (Hash-m's special name), but a Nochri is liable for Kinuyim.
4. Question: What does R. Meir learn from "Ka'Ger ka'Ezrach"?
5. Answer: A Ger or Ezrach is stoned, a Nochri is beheaded;
i. One might have thought, since the verse includes Nochrim, they also receive the same Misah - "Ka'Ger ka'Ezrach" teaches, this is not so.
(e) Question: According to R. Yitzchak Nafcha, what do Chachamim learn from "Ka'Ger ka'Ezrach"?
(f) Answer: A Ger or Ezrach is only liable for cursing 'Shem ba'Sh-m', a Nochri is liable for any blasphemy.
(g) Question: What does we learn from "Ish Ish"?
(h) Answer: The Torah speaks as people do (in such cases, we need not expound every extra word).
(a) (Beraisa): Nochrim must observe seven Mitzvos: Dinim (to set up courts to enforce civil laws), and prohibitions against blasphemy, idolatry, Arayos, murder, theft, and eating a limb of a living animal.

(b) R. Chananyah ben Gamliel says, they are also forbidden to eat blood of a living animal;
(c) R. Chidka says, they are also forbidden to castrate;
(d) R. Shimon says, also Kishuf (witchcraft) is forbidden to them;
1. R. Yehudah says, everything in the Parshah of Kishuf is forbidden to them - "Ma'avir Beno u'Vito ba'Esh Kosem Kesamim Me'onen u'Menachesh u'Mechashef v'Chover Chaver v'Sho'el Ov v'Yid'oni v'Doresh El ha'Mesim...u'Viglal ha'To'evos ha'Eleh Hash-m Elokecha Morish Osam Mipanecha".
2. The Torah does not punish without warning.
3. R. Eliezer says, they are commanded about Kilayim of animals and grafting diverse trees onto each other;
i. They are permitted to wear Kilayim (Sha'atnez) and to plant Kilayim (mixed seeds).
(e) Question: What is the source of this?
(f) Answer #1 (R. Yochanan): "Va'Ytzav" - this refers to Dinim, as it says "Asher Yetzaveh Es Banav (...La'asos Tzedakah u'Mishpat)";
1. "Hash-m" refers to blasphemy - "V'Nokev Shem Hash-m...";
2. "Elokim" refers to idolatry - "Lo Yihyeh Lecha Elokim Acherim";
3. "Al ha'Adam" refers to murder - "Shofech Dam ha'Adam";
4. "Leimor" refers to Arayos - "Leimor Hen Yeshalach Ish Es Ishto...v'Haysah l'Ish Acher";
5. "Mi'Kol Etz ha'Gan" - not from theft;
6. "Achol Tochal" - not a limb of a living animal.
(g) Answer #2 (R. Yitzchak): "Va'Ytzav" refers to idolatry, "Elokim" refers to Dinim (the others are as R. Yochanan taught).
(h) Question: We understand how "Elokim" refers to Dinim - "V'Nikrav Ba'al ha'Bayis El ha'Elohim";
1. But how does "Va'Ytzav" refer to idolatry?
(i) Answer #1 (Rav Chisda or R. Yitzchak bar Avdimi): "Saru Maher Min ha'Derech Asher Tzivisim Asu Lahem Masechah"
(j) Answer #2 (The other of Rav Chisda and R. Yitzchak bar Avdimi): "...Halach Acharei Tzav (commandments of the prophets of idolatry)".
(k) Question: What is the difference between these answers?
(l) Answer: If a Nochri made an idol but did not serve it yet;
1. If we learn from "*Asu* Lahem Masechah" , he is liable once he makes it;
2. If we learn from "*Halach* Acharei Tzav", he is not liable until he serves it.
(m) Question (Rava): All agree that a Nochri is not liable until he serves it!
1. (Beraisa): Regarding idolatry, a Nochri is commanded only about things which a Yisrael is killed for.
2. Suggestion: This excludes a Nochri who made an idol but did not serve it yet.
(n) Answer (Rav Papa): No, it excludes hugging and kissing.
(o) Question: What is the case?
1. If hugging and kissing is the way this idol is served, a Yisrael is killed for this!
(p) Answer: This is not the way this idol is served.
(a) Question: Is it really true that Nochrim are commanded about Dinim?!
1. (Beraisa): Yisrael were commanded 10 Mitzvos at Marah - the seven of Benei No'ach, and *additionally* Dinim, Shabbos, and honoring parents.
i. We learn Dinim from "Sham Sam Lo Chok *u'Mishpat*";
ii. We learn Shabbos and honoring parents from "Ka'asher Tzivcha Hash-m Elokecha" said (regarding these Mitzvos) on Sinai;
iii. (Rav Yehudah): We were commanded at Marah.
(b) Answer #1 (Rav Nachman): Nochrim are commanded about Dinim; at Marah, Yisrael were commanded about (capital cases, that they require) 23 judges, (two) witnesses and warning.
(c) Objection: It says *additionally* they received Dinim - these are not extra laws, merely conditions for existing laws!
(d) Answer #2 (Rava): Additionally, they received laws of fines.
(e) Objection: If the laws of Benei No'ach include DInim, it should not say '*additionally* they received Dinim, rather, 'they received additional Dinim!
(f) Answer #3 (Rav Acha bar Yakov): Yisrael were commanded to set up Batei Din in every province and city.
(g) Objection: Benei No'ach are also commanded about this!
1. (Beraisa): Just as Yisrael must set up Batei Din in every province and city, also Nochrim.
(h) Answer #4 (Rava): The Tana of the Beraisa (about 10 Mitzvos at Marah) is Tana d'vei Menasheh, who includes castration and Kilayim among the seven Mitzvos and excludes Dinim and blasphemy.
1. (Beraisa - Tana d'vei Menasheh): The seven Mitzvos of Benei No'ach are idolatry, Arayos, murder, theft, a limb of a living animal, castration and Kilayim.
2. R. Yehudah says, Adam ha'Rishon was only commanded about idolatry - "Va'Ytzav Hash-m Elokim Al ha'Adam" (Adam must accept that Hash-m is G-d).
3. R. Yehudah ben Beseira says, he was also commanded about blasphemy;
4. Some say, he was also commanded about Dinim.
(i) Question: As whom is the following?
1. (Rav Yehudah): 'I am Elokim - do not curse Me; I am Elokim - do not worship something else in place of Me; I am Elokim - My authority should be upon you (to keep Dinim)'.
(j) Answer: It is like 'Some say'.
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