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Sanhedrin 32

***** Perek Echad Diynei Mamonos *****


(a) We learn D'rishah and Chakirah by Diynei Nefashos from the Pasuk in Re'ei "ve'Darashta ve'Chakarta".
What does our Mishnah learn from the Pasuk in Emor "Mishpat Echad Yih'yeh Lachem"?

(b) Of the ten differences between Diynei Mamonos and Diynei Nefashos, we have already learned that the former require three judges, the latter, twenty-three, and that the former require a majority of only one, whereas the latter require two in order to sentence a man to death (which we learn from "Lo Sih'yeh Acharei Rabim le'Ra'os", as we learned in the first Perek).
From where do we learn ...

  1. ... this latter ruling?
  2. ... that this does not extend to Diynei Mamonos, and that a majority of one will suffice by Diynei Mamonos?
(c) What distinguishes them regarding the way Beis-Din opens the proceedings?

(d) What does 'Diynei Nefashos Machzirin li'Zechus ve'Lo le'Chovah' mean?

(a) 'Diynei Mamonos ...
  1. ... ha'Melamed Chovah Melamdin Z'chus'.
    What does the Tana say about Diynei Nefashos?
  2. ... Danin ba'Yom ve'Gomrin ba'Laylah'.
    What is the Din by Diynei Nefashos?
  3. ... Gomrin Bo ba'Yom Bein bi'Zechus Bein le'Chovah'.
    What is the Din by Diynei Nefashos?
(b) On what days may one therefore not judge Diynei Nefashos?

(c) 'Diynei Mamonos ha'Teme'os ve'ha'Taharos Maschilin min ha'Gadol'.
How about Diynei Nefashos?

(d) Why are Diynei Nefashos different in this regard?

(a) Anyone is eligible to judge Diynei Mamonos.
Who is not eligible to judge Diynei Nefashos?

(b) On what grounds does the Beraisa validate both the Sh'tar and the witnesses in a case where a Sh'tar is dated on the first of Nisan of the Sh'mitah-year, and witnesses claim that the signatories on the Sh'tar were with them elsewhere on that day?

(c) How do reconcile this with what we learned in Bava Basra, that the witnesses should write in the Sh'tar the location where the Sh'tar is written, and not where the loan takes place?

(d) What problem does the current Beraisa pose on our Mishnah "Echad Diynei Mamonos bi'Derishah va'Chakirah"?

(a) We could really ask the same Kashya from the Mishnah in Shevi'is.
What does the Tana there say about ...
  1. ... 'Sh'tarei-Chov ha'Mukdamin'?
  2. ... 'Sh'tarei-Chov ha'Me'ucharin'?
(b) Seeing as Diynei Mamonos require D'rishah and Chakirah, what ought the Din to be?

(c) How about the witnesses who saw the loan taking place?

(d) Why do we then prefer to ask from the Beraisa than from the Mishnah?

(a) So why do we then not say that (and invalidate the Sh'tar)?

(b) How does Rebbi Chanina reconcile our Mishnah with the Beraisa? If the former requires D'rishah va'Chakirah, why does the latter validate a Sh'tar Me'uchar?

(c) Why did the Rabbanan cancel D'rishah and Chakirah by Diynei Mamonos?

(d) Then why do we obligate a Beis-Din who erred in Diynei Mamonos to pay?
Why can they not argue that if they had been permitted to cross-examine the witnesses, they would not have erred?

Answers to questions



(a) Rava and Rav Papa both establish our Mishnah after the Takanas Chachamim.
How does ...
  1. ... Rava nevertheless establish our Mishnah in a way that eliminates Ne'ilas Deles?
  2. ... Rav Papa establish our Mishnah even by admissions and loans and still require D'rishah and Chakirah? What is a Din Merumah?
(b) How does Resh Lakish distinguish between the Pasuk in Kedoshim "be'Tzedek Tishpot Amisecha" and the Pasuk in Shoftim "Tzedek Tzedek Tirdof"?
(a) Rav Ashi agrees with the various interpretations of the Mishnah and the Beraisa, but not with the way Resh Lakish resolves the Pesukim.
How does *he* explain ...
  1. ... "be'Tzedek Tishpot Amisecha"?
  2. ... "Tzedek Tzedek Tirdof"?
(b) What does this have to do with two ships that meet head on in a narrow river, or two camels that are climbing up the steps of Beis Chorine from two opposite sides and meet at the top head-on, and there is no room for both to pass?

(c) The above speaks if both are equally laden and the one is as close to home as the other.
What will be the Din if one of the ships or camels is laden and the other is not, or if one is close to home and the other is not?

(d) Based on the same Pasuk ("Tzedek Tzedek Tirdof"), what does the Beraisa extrapolate with regard to Rebbi Eliezer in Lud and Raban Yochanan ben Zakai in B'ror Chayil? What do they have in common?

(a) What is the significance of a ...
  1. ... the noise of a mill grinding spices in Burni?
  2. ... a lamp burning in B'ror Chayil?
(b) What was the point of this symbolism?
(a) Rebbi Yehoshua was the Rav of Peki'in.
Where did Raban Gamliel, Rebbi Akiva and Rebbi Yossi respectively, rule?

(b) Besides Rebbi Masya in Rome, Rebbi Chananya ben T'radyon in Sichni and Rebbi Chanina ben Achi in Golah, which other Torah giant does the Beraisa list?

(c) What does the Tana mean ...

  1. ... by 'Golah'?
  2. ... 'Chachamim le'Lishkas ha'Gazis'? Who were they?
(a) Rav Yehudah suggests that by 'opening the proceedings li'Zechus' (by Diynei Nefashos), the Tana means that after the D'rishah va'Chakirah, we ask the witnesses how we are supposed to know that they are telling the truth. On what grounds does Ula refute this suggestion?

(b) What does Rebbi Shimon ben Elazar say in a Beraisa about Beis-Din's treatment of the witnesses before they even begin to testify?

(c) If we can 'silence' the witnesses there, why can we not do it here?

(a) In view of the Mitzvah of saving the defendant from the death-penalty, why are we concerned about inducing the witnesses to retract?

(b) On what grounds does Rabah object to Ula's suggestion that we ask the defendant whether he has witnesses to be Mazim the witnesses who are testifying against him?

(c) How do we counter the answer to that (that Eidim Zomemin are not punished anyway, if they become Zomemin before the final verdict has been issued)?

(d) So what *do* we ask the defendant, according to Rabah?

(a) According to Rav Kahana, they would 'open the proceedings li'Zechus' entails saying to the witnesses 'mi'Divreichem Nizdachechah P'loni'; according to Rav Ashi, they would announce that whoever has something to say in the defendant's favor, should come and say it. But the Beraisa supports the opinion of Abaye and Rava.
What do they say?

(b) What does Rebbi extrapolate from the Pasuk in Naso (in connection with a Sotah) "Im Lo Shachav Ish Osach"?

Answers to questions

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