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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 ...

  1. ... the day of the month, what is the point of them asking them the day of the week?
  2. ... the day of the week as well, what is the point of asking them the time of day?
(d) According to Rebbi Yossi, the Chakiros consisted of only three questions.
Which three?
(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 those cases?

(d) The more Bedikos Beis-Din ask, says the Mishnah, the better.
What did 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 third?

(d) To what extent do we allow such a discrepancy? In which case will it be negated?

(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 unacceptable?

(c) We have already learned that a witness may not express an opinion, even li'Z'chus.
What happens if one of the Talmidim has something to say ...

  1. ... le'Chovah?
  2. ... li'Zechus?
(d) What if the accused has something to say in his own defense?
(a) Assuming that they find the accused guilty, what the procedure do they follow ...
  1. ... for the rest of that day?
  2. ... during the night of Halanas Din?
(b) What procedure do they follow with regard to food and drink?

(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?

Answers to questions



(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 written?

(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 Heitev".
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.
Which particular stringency pertains to ...
  1. ... Ir ha'Nidachas?
  2. ... Avodah-Zarah?
  3. ... Eidim Zomemin?
(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?

(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 case?

(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).
From where will we know that seven Chakiros are needed even in cases of ...
  1. ... Chanikah (strangulation)?
  2. ... Sereifah?
(b) What is the problem with the latter, according to Rebbi Shimon? What does he say about 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.
Given that 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 ...

  1. ... Rebbi Shimon?
  2. ... 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 ...

  1. ... Abaye in Rebbi Yehudah?
  2. ... Rava, even according to Rebbi Meir?
(c) Why is our refutal of Rebbi Avahu certainly justified according to Abaye in 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 questions?

(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 witnesses?

(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.
Which additional 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?

Answers to questions

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