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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sanhedrin 46


(a) What does Rebbi Eliezer learn from "ve'Salisa *Oso* al Eitz"?

(b) And what do the Rabbanan learn from the first half of the same Pasuk "ve'Chi Yih'yeh *be'Ish* Chet Mishpat Maves"?

(c) Why do they decline to learn this from the second half of the Pasuk (from "Oso")?

(d) On what grounds do we refute the suggestion that Rebbi Eliezer uses "be'Ish" to preclude a ben Sorer u'Moreh from hanging?

(a) Considering that "Ish" is a 'Miy'ut' (a word that precludes) and not a 'Ribuy' (one that includes), how can Rebbi Eliezer use it to include?

(b) What is the second 'Miy'ut' that enables him to include a ben Sorer u'Moreh in the Din of hanging?

(c) If a ben Sorer u'Moreh is not put to death for his sin, then why is he put to death?

(a) We learned in our Mishnah that Beis-Din cannot judge two cases of Chayvei Miysah on the same day.
How does Rav Chisda initially qualify this, based on a distinction between one type of death and two types of death?

(b) On what grounds does Rav Ada bar Ahavah object to this distinction, based on our very Mishnah?

(c) How do we therefore amend Rav Chisda's statement?

(d) Why was the case of Shimon ben Shetach then considered 'Miysah Achas Ke'ein Sh'tei Miysos', seeing as they were all witches?

(a) Rav Ada bar Ahavah asks on Rav Chisda from a Beraisa.
What does the Tana say with regard to judging a man and a woman who committed adultery, on the same day?

(b) Rav Chisda will establish this Beraisa by a bas Kohen, and 'the man' refers either to the adulterer or to the witnesses who were Mazim her Zomemin.
What punishment are we talking about in the case of a bas Kohen ...

  1. ... and the adulterer (assuming they were betrothed)?
  2. ... and the adulterer (assuming they were married)?
  3. ... and the Zomemei Zomemin?
(c) What did Rebbi Eliezer ben Ya'akov hear with regard to 'Makin ve'Onshin'? What does he mean by 'Onshin'?

(d) What is the reason for this?

(e) To demonstrate this, he cites two examples of Beis-Din's arbitrary justice.
What did they do to a man ...

  1. ... who rode a horse on Shabbos in the time of the Greeks?
  2. ... who had relations with his wife under a fig-tree?
(a) Our Mishnah describes the actual hanging.
After sticking a beam into the ground, how did they hang the dead man on it?

(b) Rebbi Yossi disagrees. What does *he* say?

(c) How long did they leave the body hanging?

(d) At which stage would they have transgressed the La'av of "Lo Salin Nivlaso"? Is this La'av confined to someone who was stoned and then hanged?

(a) Why would leaving the dead man hanging longer than necessary constitute a Chilul Hashem?

(b) Rebbi Meir in our Mishnah cites Hashem who says 'Kalani me'Roshi, Kalani mi'Zero'i'.
What does this mean? On what occasion did He say it?

(c) What can we extrapolate from there?

(d) Under which circumstances does someone who does not bury his dead on the same day not transgress the La'av of "Lo Salin"?

(a) Where were those who were killed at the hand of Beis-Din buried? Why were they not buried in their ancestral burial-grounds?

(b) At which stage would they merit re-burial in their ancestral burial-grounds?

(c) What would the relatives do after the death penalty had been carried out?

(d) Why did the relatives of Chayvei Miysos Beis-Din not mourn for them?

(e) Then why did they practice Aninus?

Answers to questions



(a) What does the Beraisa learn from the fact that the Pasuk in Ki Seitzei writes "Chet Mishpat Maves *ve'Humas* ve'Saliso Oso ... " (and not just "Chet Mishpat Maves ve'Saliso Oso ... ")?

(b) Why do Beis-Din wait until shortly before Sheki'ah before concluding the Din of the accused?

(c) What was the procedure with regard to hanging him and taking him down?

(a) Given that we already learn from one of the extra Leshonos that the beam on which the condemned man is hanged also requires burial, what does the Tana learn from the Pasuk "Ki Kavor"?

(b) What does Rebbi Yossi add to this D'rashah?

(c) What parable does Rebbi Meir give to explain why the body was taken down immediately?

(a) When, according to Rebbi Meir, Hashem says 'Kalani me'Roshi ... ', on what grounds does Abaye refute Abaye's suggestion, that He means to say 'Kal Lis' ('I do not feel light in My head ... ' meaning that He feels heavy])?

(b) According to Rava, Hashem means 'Kil Li Alma'.
What does this mean?

(c) In fact, Rebbi Meir bases his statement on the Pasuk "Ki *Kill's* Elokim Taluy".
How do we know that the word is not needed for itself (to teach us that a Michelle Hashem must be hanged)?

(d) In that case, from where do we learn that a Michelle (and whatever we learn from it) must be hanged? Perhaps the Pasuk is needed solely for the current D'rashah?

(a) From where does Rebbi Yochanan in the name of Rebbi Shimon ben Yochai learn that whoever leaves his dead unburied until the morning, transgresses the La'av of "Lo Salin"?

(b) And what does Rebbi Yochanan learn from there in the second Lashon?

(c) What did Rav Acha bar Ya'akov comment, when in reply to Shavur Malka (King of Persia)'s request for the source of burial, Rav Chama remained silent?

(d) Why did Rav Chama in fact, not cite as a source ...

  1. ... "Kavor"?
  2. ... "Tikberenu"?
  3. ... the fact that one buries Tzadikim?
  4. ... the fact that Hashem buried Moshe, or that Achiyah ha'Shiloni prophesied that Aviyah ben Yeravam would merit burial for negating the border-guards that his father had placed?
  5. ... the fact that Yirmiyah prophesied that the Resha'im would not merit burial?
(a) We ask whether the purpose of burial is to avoid the disgrace of bodies lying in the open rotting and splitting open (see also Tosfos DH 'Kevurah'), or to attain atonement by being placed deep inside the earth.
What are the ramifications of this She'eilah?

(b) On what grounds do we refute the attempt to resolve the She'eilah from ...

  1. ... Tzadikim, who surely do not require a Kaparah?
  2. ... the Resha'im of Yirmiyah's prophesy, which we cited earlier (who would certainly require a Kaparah)?
(c) We also ask whether a Hesped is in honor of the Meis or of the relatives.
Besides a case where the Meis specifically asked not to be eulogised, what other ramifications does this She'eilah have?

(d) Why is there no proof from the fact that ...

  1. ... the B'nei Cheis delayed burying Sarah until Avraham returned from the Akeidah to eulogize her, that Hesped must be Kavod ha'Meis?
  2. ... Yisrael eulogised Aviyah bar Yeravam (whose entire family were total Resha'im), that Hesped must be Kavod ha'Meis
(a) According to what we just explained, if Hesped is Kavod ha'Chayim, why did they not also eulogize the Resha'im in the time of Yirmiyahu, to give pleasure to the Tzadikim?

(b) Yirmiyah told Tzidkiyah that he would die in peace ... and that they would eulogize him 'Hoy Adon'.
What do we try and prove from there?

(c) On what grounds do we repudiate this proof? What might the Navi have meant to tell Tzidkiyah?

Answers to questions

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