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 87
SANHEDRIN 87 - has been dedicated to the memory of Max (Meir Menachem ben
Shlomo ha'Levi) Turkel, as his Yahrzeit (5 Teves) approaches, by his
children Eddie and Lawrence, and his wife Jean Turkel/Rafalowicz.
1) WHAT A "ZAKEN MAMREI" IS LIABLE FOR
(a) (Gemara - Beraisa): "Ki Yipalei..." - the verse discusses
Mufla (someone qualified to be part) of Beis Din;
2) REBBI MEIR'S OPINION
(b) "Mimcha" - this refers to (an argument about Ibur Shanah,
which is called) counsel;
1. We learn from "Mimcha Yatza...Yo'etz Bli'ya'al".
(c) "Davar" - this refers to a (dispute about a) Halachah (a
tradition from Moshe from Sinai);
(d) "La'Mishpat" - this refers to things learned from Gezerah
(e) "Bein Dam l'Dam" - this refers to blood of Nidah, birth
(f) "Bein Din l'Din" - this refers to capital and monetary
cases and cases of lashes;
(g) "Bein Nega l'Nega" - this refers to Tzara'as of people,
houses or garments;
(h) "Divrei" - these are laws of Cherem, Erchin and Hekdesh;
(i) "Rivos" - making a Sotah drink, Eglah Arufah (beheading a
calf), and Taharah of a Metzora;
(j) "Bi'Sh'arecha" - Leket, Shichchah and Pei'ah;
(k) "V'Kamta v'Alisa" - this teaches that the Beis ha'Mikdash
is the highest place in Eretz Yisrael;
1. Eretz Yisrael is the highest of all lands.
(l) "El ha'Makom" - the Parshah only applies if they go to
the Great Sanhedrin in Lishkas ha'Gazis.
(m) Question: We understand how "V'Kamta v'Alisa" teaches
that the Beis ha'Mikdash is the highest place in Eretz
Yisrael (wherever the Chacham and his Beis Din are, they
ascends to the Mikdash);
1. What is the source that Eretz Yisrael is the highest
of all lands?
(n) Answer: "...Hash-m Asher He'elah...Beis Yisrael...umi'Kol
ha'Aratzos Asher Hidachtim Sham (He will bring us *up* to
(o) (Beraisa - R. Meir): Zaken Mamrei is only liable for
(ruling about) something punishable by Kares (if Mezid)
and Chatas (if Shogeg);
(p) R. Yehudah says, he is (also) liable for a law whose
source is in the Torah, but the explanation is through
(q) R. Shimon says, he is liable for a law which is (not
explicit in the Torah at all, it is only) deduced by
(a) Question: What is R. Meir's reason?
(b) Answer: He learns a Gezerah Shavah "Davar-Davar":
1. It says here "Ki Yipalei Mimcha Davar", it says
(regarding Par He'elam Davar) "V'Nelam Davar
me'Einei ha'Kahal"; just as there it refers to
transgressions of Kares and Chatas, also here.
(c) R. Yehudah learns from "Al Pi ha'Torah Asher Yorucha" - a
law pertaining to (written) Torah *and* Hora'ah (of
(d) R. Shimon learns from "Asher Yagidu Lecha Min ha'Makom
ha'Hu" - even Kol d'Hu (any law).
(e) Rav Huna bar Chinena: Explain to me how the Beraisa can
be R. Meir (that everything mentioned (Ibur Shanah,
tradition from Moshe from Sinai, Gezerah Shavah...) is
punishable by Kares and Chatas.
(f) Rav Papa: Regarding Ibur Shanah, the Chacham and the
Sanhedrin argue about when we may Me'aber the year:
1. (Mishnah): R. Yehoshua and R. Papyus testified that
we may Me'aber the year (before or) anytime during
(g) They argue about a tradition from Moshe from Sinai
regarding Dam Zivah:
i. Chachamim used to say, it is permitted only
2. If Ibur Shanah was declared after Purim, they argue
about when Pesach is, this pertains to Kares and
Chatas (if one eats Chametz during the true Pesach).
1. (R. Yochanan): If a woman sees blood on the 10th day
(of the 11 days of Zivah following Nidah), this is
like seeing on the ninth (then she must Shomer
(refrain from relations on) the next day, for she
can become a full Zavah if she sees on the next two
days - also when she sees on the 10th, she can
become a Zavah Ketanah if she will see on day 11);
(h) They argue about the Gezerah Shavah teaching that a man
is forbidden to a daughter born out of wedlock.
2. (Reish Lakish): Seeing on the 10th day is like
seeing on the 11th (when she need not Shomer the
next day, for any future blood is not Dam Zivah,
rather Dam Nidah. Even though when she sees on the
10th she could become a Zavah Ketanah, a Halachah
from Sinai teaches that Shimur does not apply.)
1. (Rava): We learn from Gezeros Shavah "Henah-Henah"
(i) They argue about blood of Nidah as the following Tana'im
1. (Mishnah - Akavya ben Mahalal'el): Green blood is
(makes a woman) Tamei; Chachamim Metaher.
(j) They argue about blood of childbirth as Rav and Levi do:
1. (Rav): The Tamei blood of (the first one or two
weeks, for a boy or girl) after birth comes from the
same source as Dam Tohar (for the next 33 or 66
days; the Torah decrees when it is Tamei, and when
it is Tahor).
(k) They argue about blood of Zivah as R. Eliezer and R.
2. (Levi): The Tamei blood and Dam Tohar come from
3. (They argue about a woman who experienced bleeding
at the end of the period of Dam Tamei, and continued
bleeding into the period of Dam Tohar, or
vice-versa. Levi says that (only in such a case we
assume that) the new blood comes from the same
source as the previous blood, so it has the same
status; Rav say that (even though all blood comes
from the same source) the Torah changes its status
according to the number of days after birth.)
1. (Mishnah - R. Eliezer): If a woman saw Dam Zivah
three consecutive days amidst Koshi (labor pains)
and ceased Koshi for 24 consecutive hours before
giving birth, (we do not attribute the blood to the
birth) she is Yoledes b'Zov (a Zavah who gave
(l) They argue about capital cases as Shmuel and R. Avahu do:
2. R. Yehoshua says, this is only if she ceased Koshi
for a Halachic day (a night followed by the day,
i. She must cease from pain, it does not matter
whether or not she ceased seeing blood.
1. (Shmuel): If two judged a monetary case, the verdict
stands, just it is called an impudent Beis Din.
(m) They argue about monetary cases as Rebbi and Chachamim
2. (R. Avahu): All agree that this is not a judgment.
1. (Beraisa - Rebbi): "V'Nasata Nefesh Tachas Nafesh" -
this refers to money.
(n) They argue about lashes as R. Yishmael and Chachamim do:
2. Suggestion: Perhaps it refers to capital punishment
(as Chachamim hold)!
3. Rejection: It says 'Nesinah' here, and also
regarding compensation for causing a miscarriage;
i. Just as the latter refers to money, also here.
1. (Mishnah): Cases of lashes require three judges;
(o) Regarding Tzara'as of people, they argue as R. Yehoshua
and Chachamim do:
2. R. Yishmael says, they require 23.
1. If Baheres (a white appearance on the skin) preceded
the white hair, he is (absolutely) Tamei; if the
white hair came first, he is Tahor (i.e. only
(p) Regarding Tzara'as of houses, they argue as R. Elazar bar
Shimon and Chachamim do:
2. If we are in doubt which came first, he is Tamei;
3. R. Yehoshua says, Kehah.
4. Question: What does this mean?
5. Answer (Rabah): It is as if the Tzara'as became
weaker, he is Tahor.
1. (Mishnah - R. Elazar b'Rebbi Shimon): A Bayis
ha'Menuga must have appearances (of Tzara'as) the
size of a Gris on each of two stones that touch in
the corner (and the appearances touch each other).
2. Question: What is his reason?
3. Answer: It says "Kir" - it also says "Kiros";
i. A wall that is like two walls is the corner.