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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sanhedrin 43


(a) As we Darshened the Pasuk in Emor "va'Yotzi'u es ha'Mekalel", so too, do we Darshen the Pasuk "va'Yirgemu Oso Aven".
What do we learn from ...
  1. ... "Oso"?
  2. ... "Aven"?
(b) Having written "Aven", why does the Torah (in connection with the Mekoshesh Eitzim) need to write "u'Sekaltem Osam *ba'Avanim*"?

(c) Seeing as the Tana learned the three camps from a 'Gezeirah-Shavah' from "mi'Chutz la'Machaneh", who gives Rav Papa the authority to learn differently?

(a) Rav Ashi learns "Hotzei es ha'Mekalel" like Rav Papa (from the Machaneh Leviyah), only he learns from the Machaneh Yisrael from "el mi'Chutz la'Machaneh". "Va'yotzi'u es ha'Mekalel", he says, comes to teach us 'Asiyah' (like we asked on Rav Papa).
Why do we need a second Pasuk ("u'Venei Yisrael Asu ... ") for Asiyah, according to Rav Ashi?

(b) From where do we learn the obligation of pushing the culprit off the cliff?

(c) What does Rav Ashi (and Rav Papa) do with the various Pesukim ("ve'Hotzi") mentioned in connection with Parim ha'Nisrafin?

(a) What does Rav Huna say about the stone that is to be used for Sekilah, the beam of wood on which he will later be hanged and the sword with which they will stab someone who is Chayav Hereg? What is the fourth item in Rav Huna's list?

(b) What is the reason for this?

(c) Rav Huna was not so certain however, about the cloths and the horse that would be used to bring the accused back to Beis-Din. The onus to bring these may well lie on the sentenced man, since they are for his benefit.
Why on the other hand, might the Beis-Din be obligated to bring them?

(d) What does Rav Chiya bar Ashi Amar Rav Chisda learn from the Pasuk in Mishlei "T'nu Sheichar le'Oved, ve'Yayin le'Marei Nefesh"? What purpose did this serve?

(a) Who, according to the Beraisa, used to provide the cup of wine containing a grain of frankincense?

(b) Initially, Rav Huna's Safek extends to this item too.
Why does he have no problem resolving this She'eilah, even though the same She'eilah regarding the cloths and the horse remains unanswered?

(a) Rav Acha bar Huna asked Rav Sheishes what the Din will be if a Talmid claims that he has something to say in favor of the accused, and is then struck dumb.
What was the She'eilah?

(b) Why did Rav Sheishes give a wave of his hand?

(c) How did the questioner differentiate between his case and someone at the end of the world?

(d) What does Rav Sheishes extrapolate from Rebbi Yossi b'Rebbi Chanina, who rules that if a Talmid raised a point in favor of the accused and died, then, when the court reconvenes on the following day, we assume that he abides by his previous statement?

(e) What did Rav Acha bar Huna reply?

(a) We learned in our Mishnah that we return the accused to Beis-Din even four or five times, provided he has something to say.
How does Rav Papa reconcile this with the Beraisa, which allows him to be returned to Beis-Din twice even if has nothing substantial to say?

(b) Considering that the Sheluchei Beis-Din who carry out the death-sentence are not necessarily Talmidei-Chachamim, how will they discover whether his argument is substantial or not?

(c) Why do we not then employ the same tactics the first two times as well?

(a) If Beis-Din found a Z'chus, says the Mishnah, they would send him home. If not, he would be sent to the Beis ha'Sekilah, and a proclamation would precede him.
What is the wording of that proclamation?

(b) What did Abaye add to it?

(c) What do we extrapolate from the Lashon of the Mishnah 'u'Kruz Yotze Lefanav'?

(d) How does Rebbi Yehoshua ben Levi interpret the Pasuk in Tehilim ...

  1. ... "Zove'ach Todah Yechabdan'ni"? Why does the word contain two 'Nunin'?
  2. ... "Zivchei Elokim Ru'ach Nishbarah"? Why is "Zivchei" written in the plural?
  3. ... "Leiv Nishbar ve'Nidkeh Elokim Lo Sivzeh" (the conclusion of the previous Pasuk)?
Answers to questions



(a) Our Mishnah describes the last stages before the execution.
What did they do when the condemned man arrived within four Amos of the Beis ha'Sekilah?

(b) What did they tell him with regard to the value of confession?

(c) And they quoted the episode with Achan.
What did Yehoshua say to Achan when he began to mock the Goral (the lot that had declared him condemned)?

(d) What was Yehoshua's response when Achan relented and confessed? What does "Ya'achorcha Hashem *ba'Yom ha'Zeh*" insinuate?

(a) What must the condemned man say if he is unable to confess (with regard to other sins which he knows he transgressed but which he cannot recall [Tif'eres Yisrael])?

(b) According to Rebbi Yehudah, if the condemned man knows that his witnesses were false, then he precludes the sin for which he has been condemned from his confession.
On what grounds do the Chachamim object to that?

(a) Why did Hashem refuse to divulge the culprit who had taken from the spoils of Yericho?

(b) What was Achan's reaction when the subsequent lot picked him out?

(c) What was Yehoshua's response to Achan's mocking? Why did he use the word 'Na' in his request?

(d) What method did he employ to extract the required confession?

(a) Rav Asi Amar Rebbi Chanina learns from the wording of Achan's confession "Chatasi la'Hashem Elokei Yisrael, ve'cha'Zos ve'cha'Zos Asisi", that Achan took spoil on two other occasions besides the battle with Yericho.
When did he do that?

(b) What does Rebbi Yochanan quoting Rebbi Elazar b'Rebbi Shimon say ...

  1. ... with regard to the above? In what point does he argue with Rebbi Chanina?
  2. ... to explain why Yisrael were not punished until now for Achan's earlier transgressions?
(a) Rebbi Yochanan's latter statement concurs with the opinion of Rebbi Yehudah.
How does Rebbi Yehudah in a Beraisa interpret the Pasuk in Nitzavim "ha'Nistaros la'Hashem Elokeinu, ve'ha'Niglos Lanu u'Levaneinu" ...
  1. ... before Darshening the dots on "Lanu u'Levaneinu" and on the 'Ayin' of "Ad"?
  2. ... after Darshening them?
(b) Why do the dots appear on "Lanu u'Levaneinu" and not on la'Hashem Elokeinu", where they really belong?

(c) How do we Darshen the dots now that they appear on "Lanu u'Levaneinu"?

(d) Why is there a dot on the 'Ayin' of "Ad" (see also Tosfos DH 'Melamed')?

(a) How does Rebbi Nechemyah explain the dots?

(b) What does he say about the Nistaros?

(c) According to him, why were Yisrael punished at all for Achan's sins?

Answers to questions

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