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 80
1) A SENTENCED COW THAT BECAME MIXED UP (cont.)
(a) Answer #3 (Rava): The Mishnah teaches, if two people were
standing together and one of them shot an arrow (the
witnesses did not see which) and it killed someone, both
1. R. Yosi says (in a Beraisa), this applies even if
Aba Chalifta was one of the two (and surely, the
other shot the arrow)!
(b) (The Mishnah continues) If a sentenced ox was mixed with
regular oxen, we stone all of them;
(c) R. Yehudah says, we put them in Kipah.
(d) Support (for Rava - Beraisa): If a cow gored and gave
birth before it was sentenced, the calf is permitted;
1. If it gave birth after it was sentenced, it is
forbidden to benefit from the calf;
(e) (Beraisa): If a cow gored and gave birth before it was
sentenced, the calf is permitted.
2. If the cow became mixed with other cows, and those
became mixed with other cows, we put all of them in
3. R. Elazar b'Rebbi Shimon says, Beis Din stones them.
(f) Inference: This is even if the cow was pregnant with the
calf at the time of the goring!
(g) Question: But Rava taught, the calf of a cow that gored
is forbidden (to be a Korban if) it (was inside at the
time and its weight) participated in the goring;
1. If a man was Rove'a a cow, the calf is forbidden, it
was also party to the bestiality!
(h) Answer #1 - Correction (Beraisa): Rather, if a cow gored,
became pregnant and gave birth before it was sentenced,
the calf is permitted.
1. If it became pregnant and gave birth after it was
sentenced, the calf is forbidden.
(i) Question: This is according to the opinion that Zeh v'Zeh
Gorem (if something results from two (or more) causes,
and one of the causes is forbidden, the result) is
forbidden (here, the calf's mother is forbidden, its
father is permitted);
2) A SENTENCED COW MURDERER THAT BECAME MIXED UP (cont.)
1. But according to the opinion that Zeh v'Zeh Gorem is
permitted, how can we answer?
(j) Answer #2 (Ravina): Rather, we correct the Beraisa to
1. If a cow gored, became pregnant and gave birth
before it was sentenced, the calf is permitted.
2. If it gored, became pregnant, was sentenced and then
gave birth, the calf is forbidden - a fetus is
considered part of its mother (so it was sentenced
with its mother).
(a) (Mishnah): If people sentenced...(they all receive the
(b) Inference: This teaches that being warned for a severe
Misah includes warning for lighter Misos (therefore, we
can give a lighter Misah).
(c) Rejection (R. Yirmeyah): No, the case is, they were not
warned about any particular Misah; the Mishnah is not
like R. Yehudah:
1. (Beraisa): For all other capital transgressions
(except for Mesis, who need not be warned), one is
killed only through a Sanhedrin, witnesses and
warning, and if they told him that he is Chayav
(d) The first Tana learns from the Mekoshesh (even though he
was not warned which Misah he would receive (even Moshe
did not know until he asked Hash-m), he was killed);
2. R. Yehudah says, they must tell him which Misah.
1. R. Yehudah says, he was killed according to Hora'as
Sha'ah (letter of the law he was exempt because he
was not warned which Misah he would receive).
(e) (Mishnah - R. Shimon): If people sentenced to be stoned
(f) Rav Yechezkeil was teaching (his text of) our Mishnah to
his son Rami:
1. If people sentenced to be burned became mixed with
people sentenced to be stoned...
(g) Shmuel (to Rav Yehudah): Do not speak that way to your
2. Rav Yehudah (Rami's brother): Father, do not teach
that text - it connotes that the majority were
sentenced to be stoned, we would stone them even if
stoning was not more lenient (but equal to burning)!
3. Rav Yechezkeil: Should I teach 'If people sentenced
to be stoned became mixed with people sentenced to
be burned, R. Shimon says that we stone them, for
this is more lenient'?
i. If so, the end of the Mishnah must say
'Chachamim say, we burn them, for this is more
4. Rav Yehudah: This is not problematic - Chachamim did
not say that burning is more lenient to explain
their law, rather, to argue with R. Shimon who said
that stoning is more lenient.
ii. Since the majority were sentenced to be burned,
we would burn them even if burning was not more
lenient! (This text is equally problematic!)
1. (Beraisa): If one sees his father transgress a Torah
law, he should not say 'Father, you transgressed'
(for this will embarrass him) - rather, he should
ask 'Father, is this what the Torah says?!''
2. Objection: This is equally embarrassing!
3. Correction: Rather, he should say 'Father, the Torah
says...' (the father will understand by himself that