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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sanhedrin 113

SANHEDRIN 113 (28 Teves) - sponsored by Reb Uri Sondhelm, to honor the fiftieth Yahrzeit of his father, Reb Asher ben Uri Shraga Sondhelm Z"L.



(a) We just established 'Ma'aser Sheini ... Yiganezu' (in our Mishnah) by food that was purchased with Ma'aser Sheini money and that entered Yerushalayim from an Ir ha'Nidachas and became Tamei. We query this from the Tana Kama of the Mishnah in Ma'aser Sheini however - who permits what is purchased with Ma'aser Sheini money to be redeemed again if it became Tamei.

(b) And we answer that the author of our Mishnah is Rebbi Yehudah - who rules 'Yikaver'.

(c) The problem with establishing the Mishnah by Ma'aser Sheini Tamei according to Rebbi Yehudah is - that, in such a case, the Din would be the same even if it was not a case of Ir ha'Nidachas.

(d) So we establish it by Ma'aser Tahor and even according to the Rabbanan, like Rava, who draws a distinction between Yerushalayim when there are no Mechitzos (walls) with regard to eating Ma'aser there - which is Asur min ha'Torah, and the prohibition of subsequently redeeming it once it has entered ('Mechitzos Lik'lot') - which is only Asur mi'de'Rabbanan.

(e) This explains 'Ma'aser Sheini Yiganezu' in our Mishnah- which must now be placed in Genizah mi'de'Rabbanan, whereas min ha'Torah, it would have had to be burned

(a) We establish our Mishnah which rules 'Kisvei ha'Kodesh Yiganezu' not like Rebbi Eliezer - because according to Rebbi Eliezer, a town cannot become an Ir ha'Nidachas, even if it contains just one Mezuzah ...

(b) ... because one would be contravening the La'av of 've'Ibadtem es Sh'mam min ha'Makom ha'Hu ... Lo Sa'asun Kein la'Hashem Elokeichem" (Parshas Re'ei).

(a) Rebbi Avin Amar Rebbi Ila'i rules that a 'K'lal ba'Asei and a P'rat be'Lo Sa'aseh' - are not considered a 'K'lal u'P'rat'.

(b) Assuming that the Machlokes in our Mishnah, as to whether one is permitted to turn an Ir ha'Nidachas into gardens and orchards (Rebbi Akiva) or not (Rebbi Yossi Hagelili), is connected with Rebbi Avin's principle, then the Pasuk "ve'Haysah Teil Olam, Lo Sibaneh Od" ...

1. ... according to Rebbi Yossi Hagelili - will constitute an Asei not to plant gardens and orchards and a La'av not to build residential quarters.
2. ... according to Rebbi Akiva - the two will be connected (not like Rebbi Avin) and "Lo Sibaneh Od" will serve as a a'Davar she'Hayah bi'Ch'lal Veyatza min ha'K'lal Lelamed ... ', to teach us that "ve'Haysah Teil Olam" is confined to building residential quarters, but precludes gardens and orchards from the prohibition.
(c) If, as we conclude, both Tana'im hold of Rebbi Avin Amar Rebbi Ila'i's principle, Rebbi Akiva will permit gardens and orchards - because the word "Od" qualifies the prohibition to rebuilding it the way it was, but not in the form of gardens and orchards; whereas according to Rebbi Yossi Hagelili, "Od", like 'Le'olam *Va'ed*, means forever (or under any circumstances).
(a) The Beraisa permits the attached trees of an Ir Miklat - because the Torah writes "Tikbotz ve'Sarafta", incorporating whatever requires gathering and burning, but precluding whatever requires detaching as well.

(b) When the Tana adds 'shel Ir Acheres, Bein Telushin Bein Mechubarin Asur', says Rav Chisda, he is referring to the prohibition of rebuilding the city of Yericho.

(a) Yericho is forbidden to be rebuilt - on the basis of a curse by Yehoshua.

(b) Yehoshua declared that whoever rebuilt it - would lose his Bechor as he placed the foundation-stone, and his youngest son when he put up the gates.

(c) This pronouncement was fulfilled - in connection with Chi'el ha'Eli.

(d) Aviram was - Chi'el's firstborn son, and S'guv, his youngest.

(a) If someone had rebuilt Yericho, but renamed it - it would have been equally prohibited.

(b) It was not Yericho itself that Chi'el rebuilt - but another city which he named Yericho (see Agados Maharsha).

(c) Initially, we interpret the Beraisa 'ba'Aviram B'no Lo Hayah Lo Lilemod, bi'Seguv Tze'iro Hayah Lo Lil'mod' to mean that, seeing as Aviram was a Rasha, there was no indication when he died, that it was due to Chiel's sin. That only became apparent, with the death of S'guv, who was not a Rasha.

(d) For lack of evidence that Aviram was deserving of the title 'Rasha, we amend the Beraisa to read - that when Aviram his firstborn died, that Rasha should have realized what was destined to happen to S'guv.

(e) And from the fact that the Torah found it necessary to mention that S'guv was Chi'el's youngest son, when in fact it is obvious, we learn - that he buried one son after the other, to conclude with S'guv his youngest, just as Yehoshua had forecast.

(a) Chi'el was - a friend of King Achav.

(b) Achav and Eliyahu met at the Bei Timya of Chi'el. 'Bei Timya' (which literally means 'a house of bones') - is a Beis Aveil (a mourner's house).

(c) Some people refer to it is 'Bei Ta'ama' - because that is where one looks for reasons to comfort the mourners.

(a) On that occasion, Achav asked Eliyahu - why, seeing as he had worshipped Avodah-Zarah on every mound, yet the curse of Moshe (that there would be no rain if Yisrael worshipped Avodah-Zarah [like we read in the Sh'ma]) had not materialized, why should the curse of Moshe's Talmid Yehoshua, have materialized so precisely?

(b) Eliyahu responded - by swearing to Achav that there would be no rain for the next few years.

(c) He ensured that his oath would stand - by asking Hashem for the key to rain (which Hashem gave him).

(d) Hashem instructed Eliyahu to travel eastwards to the River K'ris - to escape from Achav (and his wicked wife Izevel (Jezebel).

(a) The ravens fed Eliyahu each morning and evening - bread and meat ...

(b) ... which they obtained, Rav Yehudah Amar Rav explains - from Achav's kitchens.

(c) Hashem instructed Eliyahu to go to the town Tzorfas - when He saw the suffering of the starving people.

(d) Hashem forced Eliyahu to return the key of rain - by giving him the key of Techi'as ha'Meisim, to revive the woman from Tzorfas' son, and it would not be correct for him to have the use of two of Hashem's keys in his possession, leaving Hashem with only one.

(e) Chazal list three keys that Hashem usually keeps under his own jurisdiction. The third - is that of childbirth.

(a) When in front of Rav Chisda, that Galile'an compared the above to someone who locked the door and lost the key - he was referring to Eliyahu, who 'locked the door of rain', and refused to open it (until Hashem himself retrieved the key and opened it).

(b) Eliyahu did not visit Rebbi Yossi in Tzipori for three days - because he called him a 'Kapdan' (someone who becomes angry [because he reacted to Achav's observation with anger]).

(c) Rebbi Yossi proved that he was right - from the very fact that Eliyahu did not visit him, because he called him a Kapdan.




(a) The connection between the Pasuk (regarding the destruction of the Ir ha'Nidachas) "ve'Lo Yidbak be'Yadcha Me'umah" and our Mishnah's comment - 'because as long as there are Resha'im in the world, there is anger in the world', says Rav Yosef, lies in the fact - that the Resha'im referred to by the Tana, are those who 'steal' from the spoil of the Ir ha'Nidachas (in spite of the Torah's prohibition).

(b) The Beraisa learns from the Pasuk ...

1. ... "be'Va Rasha Ba Gam Buz, ve'Im Kalon Cherpah" - that the arrival of a Rasha into the world inspires the Divine wrath.
2. ... "u'ba'Avod Resha'im Rinah" - that the death of a Rasha brings goodness in its wake.
(c) When a Tzadik ...
1. ... passes away - a spate of evil befalls the world.
2. ... comes into the world - goodness comes with him.
(d) The latter statement is based on the Pasuk "Zeh Yenachamenu mi'Ma'aseinu u'me'Itzvon Yadeinu" - and are written with regard to No'ach.
***** Hadran Alach 'Kol Yisrael Yesh Lahem Cheilek'
u'Selika Lah Masechet Sanhedrin *****

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