REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Sanhedrin 72
SANHEDRIN 72 (17 Kislev)- Today's learning is dedicated in loving memory of
Professor Dr. Eugene (Mordechai ben Aharon) Heimler, on his 12th yahrzeit,
by his beloved wife, Miriam Bracha. May the Zechus of the Torah being
learned around the world be an Iluy for his Neshamah.
(a) Rebbi Yossi Hagelili in a Beraisa echoes our Mishnah, which ascribes the
harsh judgement of the ben Sorer u'Moreh to his future actions, and not to
his past ones.
What is the basis of this statement?
(b) What is the Torah afraid will happen?
(c) He also praises the death of Resha'im and laments their tranquillity,
whilst he laments the death of Tzadikim and praises their tranquillity.
is tranquillity such a good thing for Tzadikim?
(a) Who, besides a ben Sorer u'Moreh, is judged according to his future
actions, and not according to his past ones?
(b) To whom is the Tana of our Mishnah referring when he rules with regard
to a 'Ba be'Machteres' who breaks vessels in the course of his break-in ...
(c) This latter ruling applies even if the Ganav is not sentenced to death.
- ... 'Im Yesh Lo Damim, Chayav'?
- ... 'Im Ein Lo Damim, Patur'?
Why is that? On what principle is the ruling based?
(a) Which Chazakah does Rava rely on as the basis for the Din of 'Ba
(b) What does 'Ein Lo Damim' therefore mean?
(c) Based on what principle does the Torah permit the owner to kill the
(d) Why does Rav permit a Ba be'Machteres to retain vessels that he took in
the course of the break-in?
(a) Why did Rava initially believe that Rav only exempted the Ba
be'Machteres from paying if he broke the vessels (see Tosfos DH 'Mistavra'),
but not from returning them if he took them?
(b) What made him change his mind? What did he mean when he said
've'ha'Elokim Amar Rav!'?
(c) In what grounds did Rava disagree with Rav?
(d) What do we attempt to extrapolate from our Mishnah 'Ba be'Machteres
ve'Shiber es ha'Keilim, Ein Lo Damim, Patur'? On whom does this pose a
(a) How do we attempt to answer this Kashya? If not for the inference, why
does the Tana mention 'Shiber es ha'Keilim' (and not when he took them)?
(b) In fact though, he is a Mazik, whom we already know is Chayav to pay.
Why is it not good enough to answer that he broke the vessels inadvertently?
(c) What is the significance of the final word 'Kashya' (as opposed to
(a) What does the Beraisa say about someone who steals a purse on Shabbos,
assuming that he ...
(b) Why does this Beraisa pose a Kashya on Rava?
- ... picked it up and carried it into the street?
- ... drags it out into the street without actually picking it up?
(c) How do we establish the Beraisa in order to reconcile Rava with it?
(d) Bearing in mind that Rava holds that Ba be'Machteres does not acquire
the vessels that he steals, why did he refuse to accept the rams that a Ba
be'Machteres had stolen from him, when he came to return them?
(a) What problem does the Beraisa have with the Pasuk "Ein Lo Damim, Im
Zarchah ha'Shemesh Alav"?
Answers to questions
(b) How does the Tana resolve this problem? What is the Torah coming to
(c) How does another Beraisa explain the Pasuk "Im Zarchah ha'Shemesh Alav,
Yesh Lo Damim"?
(d) How do we establish the two Beraisos, to resolve the apparent
discrepancy between them?
(a) Rav declared that he would kill anybody who broke into his house via a
tunnel except for Rav Chanina bar Shilo.
What made Rav Chanina bar Shilo
(b) Why can the reason not have been because he was a Tzadik?
(c) Why does the Beraisa find it necessary to teach us that even on Shabbos
(d) What prompts the Tana to make this D'rashah?
- ... "Ein Lo Damim" applies?
- ... "Yesh Lo Damim" applies?
(a) What does the Beraisa learn from ...
(b) Seeing as the Ba be'Machteres has nothing to fear from a third party,
who, he knows, is not as concerned about the robbery as the owner, on what
grounds is anyone allowed to kill him?
- ... "ve'Hukah"?
- ... "u'Meis"?
(c) From whom might we learn that one should be permitted to kill a Ba
be'Machteres, in which case we would not require an independant Pasuk?
(d) Why indeed, can we not learn from Rotze'ach? What is the second case
that makes it 'Sh'nei Kesuvim ha'Ba'in ke'Echad?
(a) How does the Tana learn from the Pasuk in Mishpatim "ve'Im ba'Machteres
Yimatzei ha'Ganav ... " that 'Gago, Chatzero ve'Karfifo' is also Chayav?
(b) What does 'Gago, Chatzero ve'Karfifo' mean? In what way do they differ
from Ba be'Machteres?
(c) Then why does the Torah present the case of Machteres?
(d) The second Lashon makes a distinction between Machteres and someone who
breaks in through an open door.
What is the difference between them?
(e) How does one warn a Ganav who enters through an open door?
(a) What does Rav Huna say about a Katan who is chasing a Katan (or even a
Gadol) with the intention of killing him?
(b) Since when is a Katan subject to warning?
(c) What does the Beraisa say about the case of a woman who is dying due to
a difficult childbirth, with regard to killing the baby to save her ...
(d) Rav Chisda queried Rav Huna from there.
- ... before he is born?
- ... once the baby's head has emerged from the womb?
What was his reply?
(a) In view of the principle 'Ein Dochin Nefesh Mipnei Nefesh', how will we
explain the episode in Shmuel, where a woman killed Sheva ben Bichri and
tossed his head down to Yo'av (who was besieging the town) to save the other
(b) What does the Beraisa say about Levi who sees Reuven chasing Shimon, and
Levi wants to kill Reuven to save Shimon? Must he first warn him (see
(c) What does he then say to him?
(d) According to Rav Chisda, we establish the author of the Beraisa as Rebbi
Yossi b'Rebbi Yehudah. About whom is the Beraisa then speaking?
(e) What would the Chachamim then hold?
(a) What distinction does another Beraisa make in a case where Levi warns
Reuven who is chasing Shimon not to kill him, between a case where Reuven
replies 'al-M'nas Kein Ani Oseh', and where he doesn't?
Answers to questions
(b) How do we reconcile Rav Huna with this Beraisa?