ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Sanhedrin 50
(a) We initially assume that Sekilah is more stringent than Hereg for the
same reason that it is more stringent than Sereifah. Nevertheless, we might
have thought otherwise - because of Ir ha'Nidachas, which constitutes Poshet
Yad be'Ikar too, yet it is punishable by Hereg (and not Sekilah).
(b) The stringency that is peculiar to Ir ha'Nidachas is - the fact that the
residents property must be destroyed.
(c) We arive at the conclusion that Sekilah is more stringent than Hereg
after all - since it is obvious that the Madichin (who enticed the residents
of the Ir ha'Nidachas to sin) are worse than the residents themselves, and
*they* receive Sekilah.
(d) We know that the Madichin are sentenced to Sekilah - from a Beraisa,
which specifically says so.
(a) We initially assume that Sekilah is more stringent than Chenek for the
same reason as it is more stringent than Sereifah. On the other hand, we
then suggest that perhaps Chenek is at least as stringent as Sekilah (see
Tosfos DH 'Adraba'), because it is given to someone who strikes his parents
(whose honor is compared to that of Hashem).
(b) So we attribute the stringency of Sekilah over Chenek to the fact that a
Na'arah ha'Me'urasah receives Sekilah, whereas a Nusu'ah receives only
Chenek. What makes an Arusah more stringent than a Nesu'ah is - the fact
that her change of status from a Besulah to a Be'ulah comes about through
Z'nus (causing a stain to both her nd her family), which Z'nus with a
married woman (who is already a Be'ulah, does not do).
(a) Initially, we are unsure which is more stringent, Sereifah or Sayaf
(Hereg). We might think that the more stringent of the two is ...
1. ... Sereifah- because it is given to a bas-Kohen who commited adultery.
(b) We ultimately conclude from a 'Gezeirah-Shavah' "es *Avihah* Hi
Mechaleles (by Sereifas bas Kohen) from "li'Zenos Beis *Avihah* (from a
Na'arah ha'Me'urasah) - that just as Sekilah is more stringent than Sayaf,
so too, is Sereifah.
2. ... Sayaf - because it is given to the residents of an Ir ha'Nidachas.
(c) And we learn that Sereifah is more stringent than Chenek from a Nesu'ah
bas Kohen - who receives Sereifah, instead of the Chenek that a bas Yisrael
(d) Initially, we are unsure which is more stringent, Hereg or Chenek. The
stringency of ...
1. ... Hereg over Chenek is - the fact that it is given to the residents of
(e) We conclude that nevertheless - the former is more stringent, since it
constitutes 'Poshet Yado ba'Ikar'.
2. ... Chenek have over Hereg is - the fact that it is given to someone who
strikes his father or mother.
(a) Rebbi Shimon considers Sereifah more stringent than Sekilah. He agrees
with the principle of 'Poshet Yado be'Ikar' - but maintains that when the
Torah sentences a bas Kohen to Sereifah, it incorporates an Arusah, in which
case, we have no choose but to declare Sereifah more stringent than Sekilah
(since a Na'arah bas Yisrael receives Sekilah)?
(b) And he derives that Sereifah more stringent than Chenek, in spite of the
fact that someone who strikes his father or mother receives Chenek - from
the fact that the Torah takes a Nesu'ah bas Kohen from Chenek to Sereifah.
(c) According to Rebbi Shimon, the Madichei Ir ha'Nadachas receive Chenek (a
proof that Chenek is more stringent than Hereg, which is what the residents
(d) Based on this fact, we know that Sereifah is more stringent than Sayaf
(despite the fact that Sayaf is given to the residents of Ir ha'Nidachas) -
because if, as we proved earlier, Sereifah is more stringent than Chenek, it
is certainly more stringent than Sayaf (which as we just proved, is less
stringent than Chenek).
We already learned according to the Chachamim, that Sekilah is more
stringent than Chenek, from the fact that a Na'arah ha'Me'urasah receives
Sekilah, whereas a Nusu'ah receives only Chenek. Rebbi Shimon learns that
Sekilah is more stringent than Sayaf from a 'Kal va'Chomer' - from the fact
that it is more stringent than Chenek (which, in his opinion, is more
stringent than Sayaf). That in turn, he knows from the fact that the
Madichei Ir ha'Nidachas receive Chenek, whereas the residents receive only
Sayaf, as we explained earlier.
(a) Rebbi Yochanan would often say that according to the Rabbanan, a Na'arah
ha'Me'urasah bas Kohen who commits adultery remains Chayav Sekilah, whereas
according to Rebbi Shimon, she is Chayav Sereifah. The basis of their
Machlokes is - whether Sekilah is more stringent than Sereifah (the
Rabbanan) or vice-versa (Rebbi Shimon).
(b) In a case where she has relations with her father, Rebbi Yochanan say
that, according to ...
1. ... the Rabbanan - she receives Sekilah.
(c) Rebbi Yochanan add this second Machlokes - to demonstrate the
application of the Machlokes, since it is in such a case that, according to
each Tana, she is Chayav two punishments, of which she receives the more
2. ... Rebbi Shimon - she receives Sereifah?
(a) The Pasuk in Kedoshim "Mos Yumas (meaning via Chenek) ha'No'ef
ve'ha'No'afes" refers - both to a bas Yisrael and a bas Kohen.
(b) The two 'K'lalim' to which Rebbi Shimon refers are - the above Chiyuv by
a Nesu'ah and the second Pasuk in Ki Seitzei which takes an Arusah out of
the Din of Nesu'ah, giving her a Chiyuv Sekilah.
(c) When he says ...
1. ... 'Ne'emru be'Bas Kohen', he means even a bas Kohen, who initially
appears to have the same Din as a bas Yisrael (since the Torah makes no
distinction between the two).
(d) And Rebbi Shimon concludes by comparing the Zomemin of ...
2. ... 've'Hotzi ha'Kasuv Nesu'ah mi'Chelal Nesu'ah, va'Arusah mi'Chelal
Arusah', he means that the Torah does indeed give a bas Kohen an independant
Din, both as regards a Nesu'ah and as regards an Arusah (who both receive
Sereifah, and who, in his opinion, are both a Chumra over a bas Yisrael).
1. ... a Nesu'ah bas Kohen - to a Nesu'ah bas Yisrael (who receives Chenek).
2. ... an Arusah bas Kohen - to an Arusah bas Yisrael (who receives
(a) The Torah writes "u'Vas Ish Kohen Ki Seichel ... , es Avihah Hi
Mechaleles". The Pasuk does not refer to a bas Kohen who desecrates Shabbos,
says the Berasia - because the Torah adds the word "Ki Seichel *li'Zenos*".
(b) And the Tana learns from the 'Gezeirah-Shavah' "Avihah" "Avihah" (from
Na'arah ha'Me'urasah) - that like a Na'arah ha'Me'urasah, a bas Kohen is
only Chayav Sereifah, if she has a husband, but not if she is single.
(c) We refute the suggestion that the Torah writes "Avihah" to confine the
Din of a bas Kohen to where she committed adultery with her father (but not
with anybody else) - because "es Avihah Hi Mechaleles" implies that *she*
desecrates *him*, but *he* does not desecrate *her*, clearly indicating that
it is with other men, and not with her father, that she committed adultery.
(a) We suggest that perhaps the 'Gezeirah-Shavah', from Na'arah ha'Me'urasah
also serves to confine the Din of bas Kohen to a Na'arah ha'Me'urasah
exclusively - to preclude, besides an old woman, a married Na'arah, a
betrothed Bogeres and a married Bogeres.
(b) We include them however - from the extra 'Vav' in "u'Vas Kohen".
(c) We learn from the Pasuk ...
1. ... "u'Vas Ish Kohen" - to include a bas Kohen who is married to a Levi,
a Yisrael, a Nochri (see Rashash), a Chalal, a Mamzer or a Nasin) in the Din
of bas Kohen.
(d) They, in fact - receive Chenek (as if she was a bas Yisrael).
2. ... "es Avihah *Hi* Mechaleles" - to preclude the Bo'el and her Zomemin
from the special Din of bas Kohen.
(a) A bas Kohen who is married to a Mamzer or a Nasin is considered married,
in spite of the fact that they transgress a La'av - because we rule that
Kidushin take effect by Chayvei La'avin.
(b) Granted we will shortly establish this Beraisa like Rebbi Akiva, who
holds that Kidushin do not take effect by Chayvei La'avin - but this Beraisa
holds like those who establish Rebbi Akiva by La'avin di'She'er (milder
cases of incest), such as Anusas Aviv (for which there is no Kareis), but
not by other La'avin.