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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sanhedrin 6


(a) What does the Beraisa say about someone who judges on his own, declaring someone who is Chayav Patur, or someone who is Patur, Chayav, something that is Tahor, Tamei, or something that is Tamei, Tahor?

(b) How will Rebbi Avahu, who holds 'Shenayim she'Danu, le'Divrei ha'Kol Ein Dineihem Din', establish this Beraisa?

(c) Then why is he Chayav to pay?

(a) Why can the Beraisa not be speaking when the judge erred in a D'var Mishnah?

(b) So his mistake must have been one of Shikul ha'Da'as.
What is 'Shikul ha'Da'as?

(c) In such a case, why is the litigant who won the case not obligated to return the money or the goods?

(d) Why is the judge obligated to pay?

(a) Rebbi Meir learns in a Beraisa 'Bitzu'a bi'Sheloshah'.
What is 'Bitzu'a'?

(b) What do the Chachamim say?

(c) What do we try and prove from this Beraisa? What must we assume to prove it?

(d) We conclude however, that Din, according to both Tana'im, requires three judges.
Then what is the basis of the Machlokes?

(a) We learned on the previous Daf that, according to Raban Shimon ben Gamliel, P'sharah requires two judges.
Does this mean that we now have three opinions (three, two and one)?

(b) Then why did Raban Shimon ben Gamliel say 'two'?

(c) How do we try to prove from the opinion of Rebbi Meir that P'sharah does not require a Kinyan?

(d) What is the Halachah?

Answers to questions


5) The Tana Kama of the Beraisa requires three for P'sharah (like Rebbi Meir). How does he qualify P'sharah? At which stage does it become forbidden to compromise?


(a) Rebbi Eliezer B'no shel Rebbi Yossi Ha'gelili forbids Bitzu'a, and brands a judge who performs it, a sinner.
What does he say about someone who blesses such a judge?

(b) What does he extrapolate in this regard from the Pasuk in Devarim "Ki ha'Mishpat l'Elokim Hu"?

(c) Moshe Rabeinu too, used to say 'Yikov ha'Din es ha'Har'.
In what way did Aharon differ from him?

(d) Does this mean that Aharon was a sinner?

(a) Rebbi Eliezer Darshens the Pasuk "Botze'a Beirech Ni'etz Hashem" with regard to someone who stole a Sa'ah of wheat.
What exactly does he say?

(b) Rebbi Meir Darshens it in connection with Yehudah, who said in Vayeishev "Mah Betza Ki Naharog es Achinu".
How does he Darshen it?

(a) How does Rebbi Yehoshu ben Korchah Darshen the Pasuk "Botze'a Beirech ... ", based on the Pasuk in Zecharyah "Emes u'Mishpat Shiftu be'Sha'areichem"?

(b) What would otherwise be the problem with this Pasuk?

(c) And he cites the Pasuk in Shmuel " ... Oseh Mishpat u'Tzedakah".
To whom does this Pasuk refer?

(d) That is the opinion of Rebbi Yehoshua ben Korchah.
How do the earlier Tana'im initially reconcile Mishpat with Shalom?

(a) On what grounds does Rebbi reject the previous explanation?

(b) So how do we reconcile the two, even assuming that David did not pay out of his own pocket?

(a) Rebbi Shimon ben Menasya holds of P'sharah, like Rebbi Yehoshua ben Korchah.
How does he qualify it? When does P'sharah become forbidden?

(b) How does he interpret the Pasuk in Mishlei "Poter Mayim Reishis Madon, ve'Lifnei Hisgala ha'Riv Netosh"? What does the first phrase mean?

(c) And what similar D'rashah does Rebbi Yehoshua (or Rebbi Yehudah) ben Lakish make from the Pasuk in Devarim "Lo Saguru Mipnei Ish"?

(d) Rebbi Yehoshua ben Korchah Darshens it in connection with a Talmid.
What does he say? How does Rebbi Chanin then interpret "Lo Saguru"?

(a) What does the Beraisa learn from the Pasuk ...
  1. ... in Shoftim "ve'Amdu Sh'nei ha'Anashim Lifnei Hashem"?
  2. ... in Tehilim "Elokim Nitzav ba'Adas Keil"?
(b) Why should the Dayan not decline to issue rulings for fear that he might err? What important principle do we learn from the Pasuk in Divrei Hayamim "ve'Imachem bi'D'var Mishpat"?
(a) The Tana Kama of the Beraisa permits a judge to switch to P'sharah up to the G'mar-Din.
How does Rav Yehudah Amar Rav define 'G'mar-Din'?

(b) Like which Tana does Rav rule?

(c) This poses a problem on Rav Huna? What would he ask the litigants who came before him for litigation?

(d) How do we reconcile Rav Huna with Rav's ruling?

13) If, as we just concluded, even Rebbi Yehoshua ben Korchah does not consider P'sharah a Mitzvah, what is the difference between Rebbi Yehoshua ben Korchah ...
  1. ... and the Tana Kama of the Beraisa?
  2. ... and Rebbi Shimon ben Menasyah?
Answers to questions

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