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Rosh Kollel: Rabbi Mordecai Kornfeld

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Sanhedrin 74


(a) Question: What is R. Yonason ben Sha'ul's source?
(b) Answer: "V'Chi Yinatzu Anashim Yachdav";
1. (R. Elazar): The verse discusses a fight to kill - "v'Im Ason Yiheyeh v'Nosata Nefesh Tachas Nafesh" (Beis Din only kills one who intended to kill).
2. Still, if no one dies (and one of them hit a woman, killing her fetus) he pays for the loss of the fetus!
3. According to R. Yonason ben Sha'ul, we understand why he pays - the case is, someone could have stopped him by maiming a limb.
4. But if a Rodef may be killed even in this case, what is the case when he pays?
(c) Question: Perhaps he pays for the fetus (to its father) because he was Chayav Misah 'to' (i.e. on account of) a different person (the man he wanted to kill).
(d) Rejection: We do not distinguish, in either case he is exempt.
1. (Rava): If Levi was Rodef Yehudah and Levi broke vessels, he is exempt, whether they belong to Yehudah or to others, for he is liable to be killed.
2. If Yehudah broke Levi's vessels, he is exempt - since he may kill Levi, all the more so he may break his vessels;
3. If Yehudah broke someone else's vessels, he is liable - one may not save himself with another's money.
4. If David was Rodef Levi in order to save Yehudah and David broke vessels, whether they belong to Yehudah or to others, he is exempt;
i. Letter of the law, he is liable; this is an enactment, so people will not refrain from trying to save a Nirdaf.
(a) (Mishnah): An onlooker may not kill someone chasing an animal to commit bestiality.
(b) (Beraisa - R. Shimon): A Kal va'Chomer teaches that we may kill someone about to serve idolatry:
1. We may kill someone about to Pogem (rape) a person - all the more so, if he is about to 'Pogem' Hash-m (serve idolatry)!
2. Question: We do not punish based on a Kal va'Chomer!
3. Answer: Indeed, he holds that we do punish based on a Kal va'Chomer.
(c) (Beraisa - R. Elazar b'Rebbi Shimon): We may kill someone about to desecrate Shabbos.
1. He hold like his father, that we punish based on a Kal va'Chomer; he learns Shabbos from a Gezeirah Shavah "Chilul-Chilul" from idolatry:
(a) (R. Yochanan): A vote was taken (among Chachamim), they concluded that if a person is told to transgress or else be killed, he may (Tosfos; Rambam - must) transgress, with three exceptions - idolatry, Arayos, and murder (he may not transgress any of these).
(b) Question: Is idolatry really an exception?!
1. (Beraisa - R. Yishmael): If a person is told to serve idolatry or be killed, he may (Rambam - must) transgress - "va'Chay Bahem", do not die on account of Mitzvos.
2. Suggestion: Perhaps this applies even in public!
3. Rejection: "V'Lo Sechalelu Es Shem Kodshi v'Nikdashti".
(c) Answer: The majority voted that the Halachah follows R. Eliezer.
1. (Beraisa - R. Eliezer) Question: "V'Ahavta Es Hash-m Elokecha b'Chol Levavcha uv'Chol Nafshecha uv'Chol Me'odecha" - why must it say both "Uv'Chol Nafshecha" and "Uv'Chol Me'odecha"?
2. Answer: If a person's Nefesh (life) is dearer to him than his money, he is commanded to love Hash-m (and refuse to serve idolatry), even if he must forfeit his life;
3. If his money is dearer to him than his life, he is commanded to love Hash-m, even if he must lose his money.
(d) We learn Arayos and murder as Rebbi did.
1. (Beraisa - Rebbi) Question: "Ki Ka'asher...u'Retzacho Nefesh" (the law of Na'arah Me'orasah is like Rotze'ach).
2. Question: We do not learn Na'arah Me'orasah from Rotze'ach - it says explicitly, we do not kill her, for she was Anusah!
3. 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, one can kill a Rodef.
ii. It also equates Rotze'ach to Na'arah Me'orasah - just as one must forfeit his life and not murder, one must forfeit his life and not transgress Arayos.
(e) Question: How do we know that must forfeit his life and not murder?
(f) Answer: Reasoning teaches this.
1. A man asked Rava: The mayor told me to kill Peloni or be killed - what should I do?
2. Rava: Be killed, do not kill - perhaps Peloni is more worthy to live than you!
(g) (Rav Dimi citing R. Yochanan): We transgress (all Mitzvos except for the three) to save a life - this is only when the king did not decree against the Mitzvos;
1. If the king decreed that we must transgress, one may not transgress even a light Mitzvah, he must submit to be killed.
(h) (Ravin citing R. Yochanan): Even when the king did not decree, one may not transgress even a light Mitzvah in public, he must submit to be killed.
(i) Question: What is considered a light Mitzvah?
(j) Answer (Rava bar Rav Yitzchak): Even tying shoelaces like the custom of Yisraelim.

(k) Question: What is considered in public?
(l) Answer (R. Yakov): If at least 10 people are present.
1. Obviously, he refers to Yisraelim - "V'Nikdashti b'Soch Benei Yisrael".
(m) Question (R. Yirmeyah): If there are nine Yisraelim and one Nochri, what is the law?
(n) Answer (Rav Yanai, brother of R. Chiya bar Aba): We learn from a Gezeirah Shavah "Toch-Toch":
1. It says here "V'Nikdashti b'Soch Benei Yisrael", it says regarding the Meraglim "Hibadlu mi'Toch ha'Edah ha'Zos";
2. Just like there, there were 10 (evil Meraglim), all were Yisraelim, also here there must be 10 Yisraelim.
(o) Question: Esther was married to Achashverosh in public (i.e. many Yisraelim knew about it - she should have refused and forfeited her life)!
(p) Answer #1 (Abaye): She was totally passive (she never did action (until she went to the king on Mordechai's command) - in such a case, one need not forfeit his life).
(q) Answer #2 (Rava): When the Nochri wants the Yisrael to transgress for the Nochri's enjoyment, even in public, one need not forfeit his life.
(r) Support (Rava, for himself): On their idolatrous festivals, Nochrim demand that we give them vessels with coals (for their rituals) - even though this pertains to idolatry, we allow them, we do not forfeit our lives!
1. We must say, since they intend for their own pleasure, it is permitted.
(s) This is as Rava holds elsewhere.
1. (Rava): If a Nochri told a Yisrael on Shabbos 'Cut (attached) fodder and feed my animal, or else I will kill you', he may (Rambam - must) cut it and live;
2. If he told him 'Cut fodder and throw it in the river, or else I will kill you', he may not cut it.
3. Question: What is the reason?
4. Answer: The Nochri solely intends to make the Yisrael transgress.
(a) Question: Are Benei No'ach commanded about Kidush Hash-m?
(b) Answer #1 (Abaye - Beraisa): Benei No'ach are commanded about seven Mitzvos;
1. If they were commanded about Kidush Hash-m, this would be an eighth!
(c) Rejection (Rava): They are commanded about seven Mitzvos and all their ramifications (i.e. this could include forfeiting their lives rather than transgressing one of the seven Mitzvos).
(d) Answer #2 (Rav Ada bar Ahavah): "...Yislach Hash-m...Adoni...Nish'an Alai v'Hishtachavayasi" (Na'aman accepted to be a Ger Toshav, and mentioned that he must bow with his master to idolatry) - Elisha agreed, "Lech l'Shalom";
1. Version #1 (Our text, Rashi) If he is commanded about Kidush Hash-m, Elisha should have protested!
2. Rejection: Yisraelim would not see it, perhaps Benei No'ach are commanded to Mekadesh Hash-m in front of Yisraelim.
3. Version #2 (Tosfos) If he is commanded about Kidush Hash-m, Elisha should have explained that he is only permitted in private, not in public!
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