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Sanhedrin 81

SANHEDRIN 81 - Sponsored in honor of the 40th anniversary of David and Zahava Rubner; may they continue together with Bracha and Hatzlacha 'til 120 and always have much Nachat from their children! Warm Mazel Tov wishes from Eli & Jeri Turkel and David & Gerti Kornfeld.



(a) Our Mishnah rules that someone who is Chayav two Miysos - receives the stricter of the two.

(b) According to the Tana Kama, the same applies to someone who transgressed a sin which carries two death-sentences. Rebbi Yossi says 'Nidon be'Zikah ha'Rishonah she'Ba'ah Alav'.

(c) An example of a sin for which one is Chayav two death-sentences is - incest with a mother-in-law who is also a married woman.

(d) The Mishnah's first ruling is not so obvious says Rava, because it is speaking in a case when the sinner had already been sentenced to death for the lesser sin when he committed the more severe one, and one might have thought that it is as if a dead man committed a sin.

(a) Rabah bar Nasan cited the source of our Mishnah's first ruling (that someone who is Chayav two Miysos receives the more stringent death) to Rav Yosef's brother as the Pasuk in Yechezkel "ve'Holid ben Paritz Shofech Dam ... ". When the Pasuk writes ...
1. ... "ben Paritz Shofech Dam" - it is referring to Hereg (Sayaf).
2. ... "ve'es Eishes Re'ehu Timei" - ... Chenek.
3. ... "ve'el Gilulim Nasa Einav" - ... Sekilah.
(b) He proved it from the conclusion of the Pasuk "Mos Yumas Damav Bo" - since "Damav Bo" always means Sekilah, as we have already learned.

(c) Rav Nachman bar Yitzchak queried the proof. Perhaps he asked, all three cases are referring to Chayvei Sekilah, which would be possible if - "ben Paritz Shofech Dam" referred to a ben Sorer u'Moreh, and "ve'es Eishes Re'eihu Timei" to a Na'arah ha'Me'urasah?

(d) We refute ...

1. ...Rav Nachman bar Yitzchak's suggestion on the grounds - that if that were so, Yechezkel would not be teaching us anything.
2. ... the suggestion that perhaps Yechezkel was merely repeating some of the Torah's principle Dinim - because then he ought to have taken his cue from Moshe Rabeinu in Mishneh Torah (Seifer Devarim), and used the same Lashon as him.
(a) Yechezkel goes on to describe the antitheses of the above sinners, concluding with the words 'Tzadik Hu Chayoh Yichyeh". Rav Acha b'Rebbi Chanina explains the Navi's opening words "el he'Harim Lo Achal" to mean - that he is a Chasid, and as such, he doesn't need to come on to the merits of the Avos (who are often described as "Harim").

(b) He defines "ve'Einav Lo Nasa el Gilulei Beis Yisrael" to mean that he did not walk 'proud and tall' (a mark of conceit), and ...

1. ... "ve'es Eishes Re'ehu Lo Timei" - as someone who does not encroach on the trade or business of his fellow-Jew (even when his own business is suffering and desperately needs a boost).
2. ... "ve'el Ishah Nidah Lo Karav" - as a poor man who does not benefit from Tzedakah funds.
(c) Raban Gamliel wept when he arrived at this Pasuk - because he understood that ''Tzadik Hu Chayoh Yichyeh" only pertains to someone who keeps all of the above.

(d) Rebbi Akiva quoted the Pasuk "Al Titam'u be'Chol Eileh" (which is certainly a prohibition on each of the Arayos, and not just on all of them together) - proving that in lists such as these, the Torah refers to each case individually, rather than to all of them collectively.

(a) Rebbi Yossi bases his statement 'Nidon be'Zikah ha'Rishonah she'Ba'ah Alav' on the principle - 'Ein Isur Chal al Isur (va'Afilu Isur Chamur al Isur Kal)'.

(b) The case of ...

1. ... 'Chamoso ve'Na'asis Eishes Ish' is - when Reuven marries the daughter of Sarah, who is a widow at the time, but who subsequently remarries. Should he then have relations with her, he will receive Sereifah.
2. ... 'Eishes Ish ve'Na'asis Chamoso is - when Sarah is married at the time that Reuven marries her daughter, in which case, they will receive Chenek.
(c) Rebbi Yossi concedes that someone who committed two sins receives two punishments, if the second sin is an Isur Mosif. 'Chamoso ve'Na'asis Eishes Ish' is an Isur Mosif - because as long as Sarah was not married she was only forbidden to Reuven alone; whereas the moment she married, she became Asur to all other men too.

(d) When Rav Ada bar Ahavah asked Rava why Rebbi Yossi then says 'Nidon ba'Chamoso', and not 'Nidon Af ba'Chamoso' (inasmuch as he would then need to bring two Chata'os, were he to transgress be'Shogeg), he replied - that a person can only die once (seeing as our Mishnah is talking about Meizid, and not Shogeg, in which case there would have been no point in saying 'Nidon Af ba'Chamoso').




(a) Our Mishnah rules - that if someone who received Malkos for sins that he transgressed on two occasions, sins a third time, he is placed in a Kipah (a small room) and fed barley until his stomach splits.

(b) To explain how Beis-Din put someone to death when he has only transgressed Chayvei La'avin, Rebbi Yirmiyah Amar Resh Lakish establishes our Mishnah when he actually transgressed Chayvei Kares (for which he receives Malkos when there are witnesses), and the reason for this Halachah is ...

(c) ... because the sinner makes himself Hefker to sins which render him liable to be killed (bi'Yedei Shamayim).

(d) Rebbi Ya'akov qualified this ruling still further to Rebbi Yirmiyah bar Tachlifa, by confining it to where the sinner transgressed the same La'av th ree times, but not if he transgressed three different La'avin, where he is merely tasting the different tastes of sin.

(a) We establish our Mishnah ('Mi she'Lakah ve'Shanah ... ') not like Raban Shimon ben Gamliel, who rules that a woman who lost two husbands is not called a 'Katlanis' (a woman who kills her husbands, and who may not marry again) until after her third husband dies (in other words, a Chazakah only occurs after the third time, and not after the second, like Rebbi).

(b) Ravina reconciles Raban Shimon ben Gamliel with our Mishnah however - by establishing the Chazakah after the sins (and not after the punishments).

(a) According to the Tana Kama in a Beraisa, the third time a person transgresses a sin which carries with it Malkos, Beis-Din place him in a Kipah. Aba Shaul says - after the third time, he still receives Malkos, and it is only after the fourth time that he is placed in a Kipah.

(b) We initially assume the reason of the Tana Kama to be - because he holds like Rebbi (and Aba Shaul like Raban Shimon ben Gamliel ...

(c) ... a Kashya on Ravina, who holds that the sinner is placed in the Kipah after the third time even according to Raban Shimon ben Gamliel.

(d) To reconcile him with the Beraisa, we establish both Tana'im like Raban Shimon ben Gamliel, and they argue over whether it is the sins which create the Chazakah (the Tana Kama), or the Malkiyos (Aba Shaul). Ravina incidentally, established our Mishnah like the Tana Kama.

(a) Before a sinner can actually receive Malkos, he must respond to a warning by positively rejecting it (by saying that he doesn't care) before actually sinning.

(b) The Tana Kama in another Beraisa, in a case where a person sinned twice after being warned, but where he responded to each warning with silence or with nodding his head rules that when he sins the third time, rules - that he is placed in a Kipah ...

(c) ... according to Aba Shaul - only after the fourth time.

(d) In spite of the fact that there were no Malkiyos - Aba Shaul sentences the sinner to Kipah only after the fourth time (not because he goes after the Malkiyos, like we initially thought, but) - because in his opinion, also the Kipah requires a prior warning; whereas the Tana Kama holds that it does not.

(a) Rav Yehudah describes 'Kipah' as - a room only his own height, but no more.

(b) The real source of Kipah is - 'Halachah le'Moshe mi'Sinai'.

(c) Resh Lakish extrapolates from the Pasuk "Temoses Rasha Ra'ah" - that sometimes, the mere fact that a person is Muchzak to be a Rasha, causes his death (even though he is not really Chayav Miysah at the hand of Beis-Din), a hint for the Din of Kipah.

(d) He also explains the Pasuk in Koheles "Ki Gam Lo Yeida ha'Adam es Ito, ke'Dagim she'Ne'echazim bi'Metzudah Ra'ah" as 'Chakeh', a hook with which one catches fish - which, unlike a net, which is large, and which the fish in initially able to avoid, is very tiny and catches the it by surprise. Here too, the sinner is caught by surprise and put to death, before his time (a Chayav Kareis could otherwise live until fifty). See also Agados Maharsha.

1. 'Gonev es ha'Sisvah' means - someone who steals a K'li Shares (one of the holy vessels used for the service in the Beis-Hamikdash).
2. 'Mekalel be'Kosem' - means someone who curses, using the term 'Kosem' (a magician), as will be explained shortly.
(b) What these have in common with someone who has relations with a Nochris is - that all of them are subject to 'Kana'in Pog'in Bo' (a zealous person may kill them).

(c) If the young Kohanim catch a fellow-Kohen serving in the Beis-Hamikdash when he is Tamei - they take him outside and smash in his brains with wooden clubs.

(d) According to Rebbi Akiva, a Zar (a non-Kohen) who serves in the Beis-Hamikdash receives Chenek; the Chachamim say - Miysah bi'Yedei Shamayim.

(a) Rav Yehudah - uses the Pasuk "ve'es Kesos ha'Nasech" - to identify the 'Kisvah' in our Mishnah.

(b) The Pasuk "ve'Lo Yavo'u Lir'os ke'Vala es ha'Kodesh va'Meisu" hints at the Din in our Mishnah 'ha'Gonev es ha'Kisva' - by virtue of the fact that "ke'Vala" has connotations of stealing (based on the fact that thieves tend to hide what they steal).

(c) The Pasuk is really talking about - the prohibition of the Levi'im coming to watch Aharon and his sons covering the Aron and the Mizbechos before traveling.

(a) There is a Machlokes how to explain 'ha'Mekalel be'Kosem'. When the Tana of the Beraisa quoted by Rav Yosef explains 'Yakeh Kosem es Kosmo', he means - that someone curses Hashem by declaring that the magician, whom Hashem gave the power to practice his magic, should curse Hashem.

(b) And when the Rabbanan or Rabah bar Mari explain 'Yakeihu Kosem Lo u'le'Kono u'le'Makno', they mean - that he should curse his fellow-Jew as well as Hashem, who acquires the world and who graces His creatures with his goodness.

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