ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Sanhedrin 56
SANHEDRIN 56 - dedicated anonymously by a subscriber from Teaneck with
prayers for a Refu'ah Sheleimah for Esther Basha bas Malka Faiga.
(a) Before a Megadef can become Chayav Sekilah, our Mishnah requires him -
to pronounce the Name that he is cursing (and it is insufficient to hear it
from somebody else).
(b) Rebbi Yehoshua ben Korchah explains - that it was customary for the
witnesses to say 'Yakeh Yossi es Yossi' (instead of using the actual Name of
Hashem that was cursed).
(c) They picked specifically that name - because not only does it have four
letters (like the Name of Hashem), but it also has the same numerical value
(d) Beis-Din would not sentence the defendant to death however, on the basis
of a Kinuy, which means here (not a nickname, like it usually does [since
Yossi is not a nickname for Hashem], but), that they switched the curse of
Hashem on to someone else (as if it was Yossi whom the defendant had cursed,
and not Hashem).
(a) The procedure vis-a-vis the witnesses, would therefore be that before
Beis-Din would pronounce sentence on the Megadef - one of them would have to
repeat exactly what he heard from the mouth of the defendant; the second one
would simply state that he heard the same, and so would the third.
(b) They sent everyone else out of the room - because repeating what the
witnesses had heard was a disgrace to the Name of Hashem.
(c) Upon hearing the Name of Hashem being cursed, the Dayanim - would rise
and rent their garments.
(d) When the Tana of the Beraisa says 'Ad she'Yevarech Shem be'Shem', he
means - that the defendant had to have cursed the Name of Hashem with the
name of Hashem (much like Rebbi Yehoshua ben Korchah in out Mishnah).
(a) Shmuel learns that the repetition of Hashem's Name in the Pasuk
"ve'Nokev Sheim Hashem ... be'Nokvo Sheim Yumas" - is the source of the
Tana's previous statement.
(b) We learn from the Pasuk ...
1. ... "Mah Ekov Lo Kaboh Keil" - that "Nokev" (in the Pasuk quoted by
Shmuel) means someone who curses.
(c) We might learn from the Pasuk ...
2. ... "Elokim Lo Sekalel" - the warning for the La'av of cursing the Name
1. ... "va'Yikov Chor be'Dalto" - that "Nokev" means to bore a hole in the
Name of Hashem that is written on a piece of parchment.
(d) We reject this suggestion on the grounds that it would not conform with
the required 'Shem be'Shem'. Neither can the Pasuk be speaking when he ...
2. ... "ve'Ibadtem es Sh'mam, Lo Sa'asun Kein la'Hashem ... " - the warning
for doing so.
1. ... places one Shem Hashem on top of another and pierces them both -
because that would constitute Nokev one Shem after the other, rather than
Nokev 'Shem be'Shem'.
2. ... carves the Name of Hashem on the blade of a sword and pierces the
Name of Hashem - because there too, it is the blade of the sword that bores
the hole, and not the Name of the Shem.
(a) We suggest that perhaps, based on the Pasuk "va'Yikach Moshe ... Asher
Nikvu be'Sheimos", the Pasuk "ve'Nokev Sheim Hashem" is talking about
specifying the Name of Hashem.
(b) We reject this suggestion per se, because there is no way of doing so
'Sheim be'Sheim'. And we reject it based on ...
1. ... the warning, "es Hashem Elokecha Tiyra" - which is an Asei, and is
not therefore considered a strong enough warning for Miysah (see M'lo
(c) And we learn from the Pasuk "Hotzei es ha'Mekalel" - that one is Chayav
for cursing alone, even without specifying the Name (though this appears to
clash with our Mishnah, which requires both [see Toras Chayim there]).
2. ... the Pasuk (in connection with the Mekalel) "va'Yikov ve'Yekalel",
which teaches us that "va'Yikov" is a Lashon of cursing (and not of
(a) The Beraisa learns from the Lashon "Ish" that the Torah mentions by
Megadef - that a Nochri is Chayav for Birchas Hashem like a Yisrael.
(b) In spite of the fact that a Yisrael Megadef is put to death by stoning -
a Nochri Megadef is put to death by the sword (like all his sentences [apart
from two exceptions that we will learn later]).
(c) Considering that we learn Birchas Hashem by Nochrim from the word
"Hashem" (in the Pasuk in Bereishis "va'Yetzav Hashem Elokim", as we shall
see later), we only need "Ish", says Rebbi Yitzchak Nafcha, according to
Rebbi Meir, who learns from ...
1. ... the one "Ish" in the Pasuk "Ish Ish Ki Yekalel Elokav ve'Nasa
Chet'o" - that a Mekalel Yisrael is Chayav for the Kinuyim (such as Elokim,
Shakai and Tzevakos).
(d) We need a separate Pasuk to include Nochrim in the Kinuyim - because we
would otherwise have thought that "Hashem" (the source for Birchas Elokim of
a Nochri) precludes other Names.
2. ... the second "Ish" - that a Mekalel Nochri is Chayav too.
(a) The Chachamim (who argue with Rebbi Meir) nevertheless consider "Elokim
Lo Sekalel" - to be a La'av for a Yisrael who curses one of the Kinuyim
(b) Rebbi Meyashe disagrees with Rebbi Yitzchak Nafcha. He learns from the
Pasuk (in connection with the Mekalel) "ka'Ger ka'Ezrach" - that only a
Yisrael is precluded from the Kinuyim, but a Nochri is Chayav Miysah.
(c) Rebbi Meir learns from "ka'Ger ka'Ezrach" that a Nochri receives Sayaf
and not Sekilah. We might otherwise have thought - that seeing as we include
a Nochri from "Ish" (with regard to Kinuyin), we include him also as regards
(d) According to Rebbi Yitzchak Nafcha in the Rabbanan (who holds that a
Nochri who is Mekalel with a Kinuy is Patur) a Nochri Megadef is Chayav even
without Shem be'Shem, and he learns this - from "ka'Ger ka'Ezrach" (which is
otherwise superfluous, according to him).
(e) According to both Amora'im in the Rabbanan, the Torah writes "Ish Ish" -
based on the principle "Dibrah Torah ki'Leshon B'nei Adam".
(a) The Tana Kama of the Beraisa lists seven Mitzvos that the B'nei No'ach
are commanded - Dinim, Birchas Hashem, Avodah-Zarah, Giluy-Arayos,
Shefichus-Damim, Gezel and Eiver min ha'Chai.
(b) Hashem's words to Avimelech "ve'Hi Be'ulas Ba'al" - come to preclude a
Na'arah ha'Me'urasah, which does not apply to Nochrim.
(c) Rebbi Chananyah ben Gamliel adds blood from a live animal, Rebbi Chidka,
the castration of animals, and Rebbi Shimon, Kishuf. Rebbi Yossi
incorporates nine cases of magic in 'Kishuf"; Ma'avir B'no u'Vito ba'Eish
(Molech), Kosem Kesamim, Me'onen, Menachesh, Mechashef, Chover Chaver - Ov,
Yid'oni and Doresh el ha'Meisim (as listed in Parshas Shoftim).
(d) Rebbi Yossi's source to say that all these are forbidden to B'nei No'ach
is - the Pasuk there "u'vi'Gelal ha'To'evos ha'Eileh Hashem Elokecha Morish
Osam mi'Panecha". Had there been no prior prohibition against transgress all
of these, how could Hashem punish them for transgressing them?
(a) Rebbi Elazar includes Kil'ayim in the list (not Sha'atnez or K'lai
Zera'im, but) - K'lai Beheimah and grafting a tree.
(b) Rebbi Yochanan learns the seven Mitzvos of the Tana Kama from a Pasuk in
Bereishis. If ...
1. ... "va'Yetzav" refers to Dinim and "Hashem" to Birchas Hashem, from
"Elokim" - we learn Avodas-Kochavim.
(c) Rebbi Yiztchak switched the sources for two of the seven in the list.
According to him, "va'Yetzav" refers to Avodah-Zarah - "Elokim" to Dinim.
2. ... "ha'Adam" refers to Shefichus-Damim, and "Leimor" to Giluy Arayos, we
learn from ...
3. ... "mi'Kol Eitz ha'Gan" teaches us 'but not from Gezel' - then we learn
from "Achol Tochel"- but not Eiver min ha'Chai.
(d) The ramifications of the Machlokes between Rav Chisda and Rav Yitzchak
bar Avdimi, whether we derive the Lashon "va'Yetzav" from the Pasuk "Saru
Maher min ha'Derech Asher *Tzivisim*, Asu Lahem Eigel Maseichah", or from
the Pasuk " ... Ki Ho'il Halach Acharei *Tzav*" - are whether a Nochri is
Chayav merely for making an idol (even though he does not worship it [as is
implied by the Pasuk in Ki Sisa]) or not (which will be the case if we learn
it from the Pasuk in Hoshe'a).
(a) The Beraisa presents the Sheva Mitzvos B'nei No'ach as being
specifically Mitzvos which are Chayav Miysah by a Yisrael.
(b) Rava therefore queries the previous opinion -that obligates a Nochri
who makes an idol, something for which a Yisrael is not Chayav Miysah.
(c) Rav Papa answers that the Beraisa comes to preclude specifically
embracing and kissing an idol, which is only an ordinary La'av (but not
making it). This does not however, mean that one is never Chayav Miysah for
doing that - because one is Chayav Miysah if that is the regular way to
serve the idol (and Rav Papa is speaking when it is not).
(a) The Beraisa lists ten Mitzvos which Yisrael were commanded before the
Torah was given at Marah. Besides the Sheva Mitzvos B'nei No'ach, we learn
from the Pasuk "Sham Sam Lo Chok u'Mishpat" - the Mitzvah of Dinim.
(b) And from the Pasuk "Ka'asher Tzivcha Hashem Elokecha" (written twice in
the second Aseres ha'Dibros), Rav Yehudah learns Shabbos and Kibud Av va'Eim
(the two places where this phrase appears).
(c) Rava asks from this Beraisa on the earlier Beraisa which includes Dinim
in the seven Mitzvos, since this Beraisa seems to preclude it from the seven
Mitzvos. Rava knows that Moshe was not saying this at Arvos Mo'av (where the
entire Seifer Devarim was learned), with reference to Har Sinai - because
Moshe did not say anything of his own, even in Mishneh Torah, only what he
had heard from Hashem at Sinai. Consequently, whatever was written in
connection with the second Luchos, was said at Har Sinai and appeared in the
first Luchos, too.
(d) When Rav Nachman Amar Rabah bar Avuhah answers 'Lo Nitzr'chah Ela
le'Eidah, ve'Eidim ve'Hasra'ah - he means that Nochri courts only need to
operate on the basis of one judge, and one witness, and a transgressor
receives the death-sentence even if he transgressed without warning.
(a) We reject Rav Nachman's answer however - on the grounds that when all's
said and done, that is part of the institution of Dinim (so how can the Tana
say that at Marah, Dinim were added).
(b) And we reject the next suggestion in the same way, which is - that at
Marah, Yisrael received the group of 'Dinim' called K'nasos (which were not
included in the ("Tzedakah u'Mishpat" [Din and P'sharah mentioned in
connection with Avraham] that the B'nei No'ach were commanded)
(c) And we also reject the suggestion that Yisrael were commanded to place
Batei-Dinim in every town and province - on the basis of a Beraisa, which
obligates the Nochrim to do the same thing.
(d) Rava finally establishes the Beraisa of Marah like Tana de'Bei Menasheh,
who replaces 'Dach' with 'Sach'. 'Sach' represents Sirus (the prohibition of
castrating an animal) and Kil'ayim, and 'Dach' - Dinim and Birchas Hashem.
(a) According to Rebbi Yehudah in the Beraisa of Tana de'Bei Menasheh, the
B'nei No'ach were only commanded one Mitzvah (which he learns from the same
Pasuk as the Tana earlier "va'Yetzav Hashem ... ") - the prohibition of
(b) Based on the next word "Elokim", Rebbi Yehudah ben Beseira adds Birchas
(c) And the source of 'Yesh Omrim', who add 'Dinim' is - the same word
"Elokim" (because justice belongs to Elokim, which denotes justice, in which
case Dinim is a branch of fearing G-d).
(d) When Rav Yehudah Amar Rav, explaining the words "va'Yetzav Hashem
Elokim", says 'Elokim Ani Lo Sekaleluni (Birchas Hashem); Elokim Ani, Lo
Semiruni (Avodah-Zarah); Elokim Ani, Yehei Mora'i Aleichem' (Dinim)?
(a) Bearing in mind the source in Bereishis of the earlier Tana, the problem
with Tana de'Bei Menasheh, who replaces 'Dach' with 'Sach' - is what is now
his source, seeing as 'Dach' is hinted in the Pasuk in Bereishis and not
(b) And we resolve this - by finding independent soources for each of the
Mitzvos, as we shall now see.