REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Sanhedrin 40
***** Perek Hayu Bodkin *****
(a) Our Mishnah discusses the seven Chakiros. Four of the seven Chakiros are
the Shavua, which year of the Shavu'a, the month and which day of the month.
What does 'Shavu'a' mean?
(b) What are the other three Chakiros?
(c) Having asked them ...
(d) According to Rebbi Yossi, the Chakiros consisted of only three
- ... the day of the month, what is the point of them asking them the day of the week?
- ... the day of the week as well, what is the point of asking them the time of day?
(a) What is the difference between the result of a discrepancy in the
Bedikos and the result of a discrepancy in the Chakiros?
(b) Beis-Din are obligated to ask the witnesses whether they recognize the
murdered man and in the case of idolatry, which god the defendant served.
What is the significance of the first question?
(c) What second question were they obligated to ask the witnesses in each of
(d) The more Bedikos Beis-Din ask, says the Mishnah, the better.
ben Zakai once ask the witnesses about the figs of the fig-tree under which
the murder took place?
(a) Would the witnesses' testimony have been affected had either of the
witnesses been unable to answer the previous question?
(b) Then why did be Zakai ask it?
(c) Why is the witnesses' testimony not negated if one of them claims that
the murder took place on the second of the month, and the other, on the
(d) To what extent do we allow such a discrepancy? In which case will it be
(a) The Tana Kama allows one up to hour discrepancy (human error) in the
morning, but not two.
What does Rebbi Yehudah say?
(b) When will even Rebbi Yehudah consider a two-hour discrepancy
(c) We have already learned that a witness may not express an opinion, even
What happens if one of the Talmidim has something to say ...
(d) What if the accused has something to say in his own defense?
- ... le'Chovah?
- ... li'Zechus?
(a) Assuming that they find the accused guilty, what the procedure do they
Answers to questions
(b) What procedure do they follow with regard to food and drink?
- ... for the rest of that day?
- ... during the night of Halanas Din?
(c) On the next day, after reviewing their respective opinions, which were
checked by the two Sofrim, were the Dayanim permitted to change their view?
(d) We have already learned that if twelve Dayanim declare the accused
guilty, and eleven, innocent, or if one Dayan doesn't have an opinion, they
bring in another two Dayanim.
What will they do if, at the end of the day,
thirty-six Dayanim declare him guilty and thirty-five, innocent? What will
they then be required to do, to conclude the Din?
(a) We learn three of the seven Chakiros from the Pasuk in Re'ei
"ve'Darashta, ve'Chakarta, ve'Sha'alta Heitev".
In which context is this
(b) We learn two more from the Pasuk in Shoftim (in connection with someone
who serves Avodah-Zarah) "ve'Hugad Lecha ve'Shama'ta ve'Darashta Heitev".
And we learn the last two from the Pasuk there "ve'Darshu ha'Shoftim
In which connection is this written?
(c) How do we query this source, based on the fact that the seven Chakiros
appear in three different places?
(d) What do we answer?
(a) We query this however, on the grounds that the seven Chakiros are a Kula
(a leniency), and since each of the three cases has a stringency that the
others do not have, we cannot learn it from them.
stringency pertains to ...
(b) What do we mean when we say that the other two receive death by the
sword, seeing as Eidim Zomemin are sometimes punishable by stoning too?
- ... Ir ha'Nidachas?
- ... Avodah-Zarah?
- ... Eidim Zomemin?
(c) In any event, how do we answer the previous Kashya? By what means do we
learn the Chakiros in the three cases from one another, as if they were one
(d) We understand how "Heitev" by Ir ha'Nidachas and Avodah-Zarah are
superfluous and are therefore 'Mufneh' to learn the 'Gezeirah-Shavah', but
how is "Heitev" by Eidim Zomemin ("ve'Darshu ha'Shoftim Heitev")
superfluous, seeing as it is needed to teach us one of the Chakiros?
(a) The above 'Gezeirah-Shavah' covers cases of Sekilah (a Yachid who serves
Avodah-Zarah), and Hereg (Ir ha'Nidachas and Eidim Zomemin).
will we know that seven Chakiros are needed even in cases of ...
(b) What is the problem with the latter, according to Rebbi Shimon? What
does he say about Sereifah?
- ... Chanikah (strangulation)?
- ... Sereifah?
(c) So Rav Yehudah cites the Pasuk "ve'Hinei Emes Nachon ha'Davar", which is
written twice, once by Avodah-Zarah and once by Ir ha'Nidachas.
we deduct the three "Heitev's" from the previous seven words for the
'Gezeirah-Shavah', how will these two phrases supplement the seven Chakiros?
(d) And what do we now do with the extra one, according to ...
- ... Rebbi Shimon?
- ... the Rabbanan?
(a) Rebbi Avahu objects vehemently to Rav Yehudah's solution. If (according
to the Rabbanan) there is an extra superfluous word, he maintains, then we
ought rather to include an extra Chakirah. How do we attempt to counter
Rebbi Avahu's objection?
(b) We suggest that the eighth Chakirah could be the minutes in the hour,
which would be possible according to Abaye in Rebbi Yehudah, or Rava in
Rebbi Meir in the Sugya in Pesachim. How much margin of error is a person
allowed according to ...
(c) Why is our refutal of Rebbi Avahu certainly justified according to Abaye
in Rebbi Meir?
- ... Abaye in Rebbi Yehudah?
- ... Rava, even according to Rebbi Meir?
(d) The possibility of Rebbi Avahu (and the Beraisa)'s eighth Chakirah
exists, we conclude, in the form of which Yovel.
Why will Rav Yehudah (and
our Mishnah) disagree with this?
(a) How does Rebbi Yossi (in our Mishnah) attempt to dismiss the Tana Kama's
opinion, that the Shavu'a, the year the month and the date are mandatory
(b) How do the Rabbanan counter Rebbi Yossi's argument?
(c) The truth of the matter is however, that one would ask further even in
such cases, based on a statement by Rebbi Shimon ben Elazar in 'Zeh Borer'.
What does Rebbi Shimon ben Elazar say about the Beis-Din's treatment of the
(d) How does Rebbi Yossi answer the Rabbanan? What is the difference between
his 'yesterday' and the Rabbanan's 'today' in this context?
(a) Besides asking the witnesses whether they knew the murdered man to be a
Yisrael or a Nochri, and whether they had warned the accused, Beis-Din also
asked them whether the latter had accepted the warning.
Answers to questions
two questions would they ask them?
(b) In cases of Avodah-Zarah, they would ask them whether he had served
Pe'or or Mar-Kulis. Then they would query them regarding how he had served,
and they would specifically mention four types of worship that would
implicate the accused. Two of them were slaughtering a sacrifice on behalf
the idol and sacrificing it to it.
What were the other two?