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Kollel Iyun Hadaf, Jerusalem

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Sanhedrin 79

SANHEDRIN 79 (24 Kislev) - Dedicated by R. Ginsberg of Queens, NY, l'Iluy Nishmas his father, Arnold (Aharon Yehudah ben Reb Nasan) Ginsberg, for his 19th Yahrzeit.


(a) We suggest that Rebbi Shimon ('Afilu Niskaven La'harog es Zeh ... Patur') refers to the Seifa 'Niskaven Le'hakos es ha'Gadol ... Chayav'.
On what grounds do we refute this suggestion?

(b) So we establish him on the Reisha.
On which case does he then argue?

(c) Why does the Mishnah wait until here to express Rebbi Shimon's opinion?

(a) What do we mean when we ask 'le'Chad Minaihu Mai', what do we mean to ask? According to whom is the She'eilah?

(b) What other She'eilah do we ask?

(c) To resolve the She'eilos, we cite Rebbi Shimon's own statement.
What did Rebbi Shimon specifically say in a Beraisa, that will settle both She'eilos?

(a) What does Rebbi Shimon learn from the Pasuk in Shoftim "*ve'Arav Lo* ve'Kam Alav"?

(b) The Rabbanan learn from there 'P'rat le'Zarak Even le'Gav' (to preclude someone who throws a stone into a group of people and kills one of them).
Why can they not be referring to a case where someone tosses a stone into a group comprising ...

  1. ... nine Nochrim and one Yisre'elim?
  2. ... five Nochrim and five Yisre'elim?
(c) Then which case are they referring to?

(d) What principle do we learn from the Pasuk? When do we now not go after the majority to sentence someone to death?

(a) We already discussed in 'ben Sorer u'Moreh' the Parshah in Mishpatim of two fighting men, one of whom strikes a woman.
What does Rebbi Elazar mean when, commenting on the Pasuk "ve'Im Ason Yiheyeh ... " he states 'be'Mitzvos she'be'Miysah ha'Kasuv Medaber'?

(b) How do the Rabbanan now interpret the conclusion of the Pasuk "ve'Nasata Nefesh Tachas Nafesh"?

(c) Rebbi Shimon however, will interpret the Pasuk like Rebbi.
What does Rebbi in a Beraisa learn from the 'Gezeirah-Shavah' "Nesinah" ("ve'Nasata Nefesh ... ") "Nesinah" ("Lo Yiheyeh Ason", in the same Parshah, in the case where the woman is not killed)?

Answers to questions



(a) What does Tana de'Bei Chizkiyah say about 'Shogeg u'Meizid, Miskaven ve'Eino Miskaven, and Derech Yeridah ve'Derech Aliyah', with regard to someone who killed ...
  1. ... an animal?
  2. ... a person?
(b) His source for this latter ruling is a Pasuk in Emor.
Which Pasuk?

(c) What do we learn from the Pasuk in Mishpatim "Petza Tachas Patza"?

(d) What is the significance of 'Derech Yeridah ve'Derech Aliyah'? In which area of Halachah *do* we find such a distinction?

(a) Why can we not interpret 'Miskaven and Eino Miskaven' literally?

(b) Then how do we interpret it?

(c) How do we know that Tana de'Bei Chizkiyah is speaking even in a case where the culprit does not actually receive Miysah?

(d) In which point does Tana de'Bei Chizkiyah argue with ...

  1. ... Rebbi (and Rebbi Shimon)?
  2. ... the Rabbanan?
(a) According to the Tana Kama of our Mishnah, if a Rotze'ach got mixed up in a group of other people, they are all Patur.
Rebbi Yehudah say? What does he mean?

(b) If the same happened to a group of Chayvei Miysos, they would all receive the most lenient of the deaths that are due.
What will Niskalin who got mixed up with Nisrafin receive, according to ...

  1. ... Rebbi Shimon?
  2. ... the Chachamim?
(c) Rebbi Shimon proves that Sereifah is more stringent from the fact that a bas Kohen receives Sereifah.
How do the Chachamim counter that argument?

(d) What will Rebbi Shimon say if the majority of the group are Nisrafin?

(a) When our Mishnah speaks about a Rotze'ach who got mixed up in a group of other people - why can 'other people' not be taken literally?

(b) So how does Rebbi Avahu Amar Shmuel establish it?

(c) And how does he then explain the basis of the Machlokes between Rebbi Yehudah and the Rabbanan? Why do the Rabbanan exempt them all even from 'Kipah', whereas Rebbi Yehudah sentences them all to Kipah?

(a) Resh Lakish maintains that if our Mishnah was talking about people, both Tana'im would agree that they would all be Patur.
Why is that?

(b) Then what is their Machlokes, according to him?

(c) Rava asks however, from Rebbi Yossi in a Beraisa, who says 'Afilu Aba Chalafta Beinehen'.
Whom is he querying?

(d) Who was Aba Chalafta?

Answers to questions

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