POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Sanhedrin 73
1) KILLING SOMEONE BEFORE HE SINS
(a) (Mishnah): An onlooker may kill any of the following to
prevent them from transgressing:
2) WHEN MAY WE KILL?
1. A Rodef;
(b) An onlooker may not kill someone chasing an animal to
commit bestiality, or someone who seeks to desecrate
Shabbos, or to serve idolatry.
2. A man chasing a man to have homosexual relations
with him, or a man chasing a Na'arah Me'orasah to
(c) (Gemara - Beraisa) Question: What is the source that we
may kill a Rodef?
(d) Answer #1: "Lo Sa'amod Al Dam Re'echa".
(e) Objection: We need this to teach the following!
1. (Beraisa): If Reuven sees Shimon drowning in a
river, or being dragged by an animal, or being
pursued by bandits, he must save him - "Lo Sa'amod
Al Dam Re'echa". (Perhaps this is only if he can
save without killing the bandits, or if they are not
(f) Answer #2: We learn a Kal va'Chomer from Na'arah
Me'orasah - we kill someone who seeks to rape her, even
though he only intends to blemish her - all the more so,
we kill someone who seeks to kill someone!
(g) Objection: We do not punish based on a Kal va'Chomer!
(h) Answer #3 (d'vei Rebbi): We learn from a Hekesh from
Na'arah Me'orasah - "Ki Ka'asher...u'Retzacho Nefesh (the
law of Na'arah Me'orasah is like Rotze'ach).
1. Question: We do not learn Na'arah Me'orasah from
Rotze'ach - it says explicitly, we do not kill her,
for she was Anusah!
(i) Question: What is the source to kill one who seeks to
rape a Na'arah Me'orasah?
2. Answer: The verse seems to learn Na'arah Me'orasah
from Rotze'ach, but really, Na'arah Me'orasah
teaches about Rotze'ach;
i. It equates Na'arah Me'orasah and Rotze'ach -
just as one can kill one who seeks to rape a
Na'arah Me'orasah to save her, one can kill a
Rodef to save the victim.
(j) Answer (Tana d'vei R. Yishmael): "V'Ein Moshi'a Lah" - if
someone can save her, he does whatever is necessary (he
may kill the rapist).
(k) (Beraisa): If Reuven sees Shimon drowning in a river, or
being dragged by an animal, or being pursued by bandits,
he must save him - "Lo Sa'amod Al Dam Re'echa".
(l) Question: A different verse teaches this!
1. (Beraisa) Question: If a person is in danger of
dying, what is the source that one must save him?
(m) Answer: From there, one might have thought that the
onlooker must exert himself to save him, we would not
know that (if he cannot) he must hire others to save him;
2. Answer: "Va'Hashevoso Lo".
1. "Lo Sa'amod Al Dam Re'echa" teaches that he must
(a) (Beraisa): An onlooker may kill any of the following to
prevent them from transgressing:
1. A Rodef;
(b) We do not kill a Kohen Gadol chasing a widow, or a
regular Kohen chasing a divorcee or Chalutzah (for these
are only Chayavei Lavin).
2. A man chasing a man for the sake of Mishkav Zachar;
3. A man chasing a Na'arah Me'orasah (to rape her), or
any other Ervah punishable by Misah or Kares.
(c) If he already sinned with her, we do not kill him.
(d) If someone can save her (without killing him), we do not
(e) R. Yehudah says, even if she says 'Do not pursue him,
lest he kill me (before you kill him)', we do not kill
(f) Question: What is the source of these laws (other than
Rodef, which we learned above)?
(g) Answer: "Vela'Na'arah Lo Sa'aseh Davar" - 'Na'arah' is
spelled (without a 'Hei') like Na'ar, to teach about
someone chasing a man;
1. 'Na'arah' teaches about a Na'arah Me'orasah;
(h) Question: Why must the Torah teach all of these?
2. 'Chet' teaches Arayos of Kares;
3. 'Maves' teaches Arayos of Misah.
(i) Answer: If it only taught Na'ar, one might have thought
that we (kill to) save him because Mishkav Zachar is
abnormal (and is a great disgrace), but we do not save a
1. If it only taught Na'arah, one might have thought
that we save her from becoming defiled (she loses
her virginity, and her husband will despise her),
but we do not save a male;
2. If it only taught these two, one might have thought
that this is only because (Na'ar) is abnormal or
(Na'arah Me'orasah) is greatly defiled, but we do
not save other Arayos;
3) KILLING TO PREVENT RAPE
(j) Question: The Torah could have said 'Chet Maves', and it
would not need to say 'Na'ar' and 'Na'arah'!
i. Therefore, 'Chet' is needed to teach other
3. If it only said 'Chet', one might have thought that
even Chayavei Lavin are included - therefore, it
4. If it only said 'Maves', one might have thought that
ChayaveiMisah are included, but not Chayavei Lavin -
therefore, it says 'Chet'.
(k) Answer: Indeed, that would suffice to teach all these
1. 'Na'ar' comes to exclude (someone about to serve)
idolatry, 'Na'arah' excludes bestiality and
desecration of Shabbos.
(l) Question: According to R. Shimon, who says that we do
kill someone about to serve idolatry, what do they
(m) Answer: One of them excludes bestiality, the other
excludes desecration of Shabbos;
1. One might have thought to include Shabbos, from the
Gezeirah Shavah "Chilul-Chilul" from idolatry -
'Na'ar' (or 'Na'arah') teaches, this is not so.
(n) Question: According to R. Elazar b'Rebbi Shimon, who says
that we kill someone about to serve idolatry or desecrate
Shabbos, what do they exclude?
(o) Answer: 'Na'ar' excludes bestiality; it is pronounced
'Na'arah' to correspond to the Parshah (which discusses a
(a) (Mishnah): R. Yehudah says, even if she says 'Do not
pursue him, lest he kill me', we do not kill him.
(b) Question: What do they argue about?
(c) Answer (Rava): They argue when she does not want to be
defiled, but prefers that they not pursue him, lest he
1. Chachamim say that the criterion is the Pegam, and
she is concerned for this;
(d) Question (Rav Papa): A Kohen Gadol also defiles a widow
(he makes her a Chalalah, forbidding her to Terumah and
Kohanim), we do not kill to save her!
2. R. Yehudah says that the Torah allows killing him to
save her life (perhaps she will resist and he will
kill her) - we see that she is not ready to
sacrifice her life.
(e) Answer (Abaye): The Torah allows killing to save from a
big Pegam, not from a small one.
(f) (Beraisa): 'Chet' teaches Arayos of Kares.
(g) Contradiction (Mishnah): The fine (for raping or enticing
a virgin Na'arah) (even) applies to one who has relations
with his sister. (If he may be killed to save her, he
would be exempt from the fine!)
(h) Answer #1 (Rabanan): He cannot be killed once he did
Ha'ara'ah; the fine is for completing the marital act
(which breaks the Besulim).
(i) Objection: This is according to the opinion that
Ha'ara'ah is touching (of the genitals);
1. But according to the opinion that it is entrance of
the crown (of the Ever), this breaks the Besulim,
liability for the fine comes when he may be killed!
(j) Answer #2 (Rav Chisda): The case is, he had unnatural
relations with her (which is Pogem her but does not break
the Besulim), and afterwards (when he may no longer be
killed) he had normal relations with her (for which he
must pay the fine).
(k) Answer #3 (Rava): The case is, she told the onlookers not
to kill him; the Mishnah is like R. Yehudah (that he may
not be killed in such a case).
(l) Answer #4 (Rav Papa): The case is, he enticed her (she
consented), all agree that we do not kill him, he must
pay the fine.
(m) Answer #5 (Abaye): The case is, someone could have saved
her without killing him; the Mishnah is like R. Yonason
1. (Beraisa - R. Yonason ben Sha'ul): If the Nirdaf or
an onlooker could have stopped the Rodef by maiming
one of his limbs, but he killed him, he is (Rambam -
worthy of being) killed for doing so.