POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Sanhedrin 9
1) THE ARGUMENT ABOUT MOTZI SHEM RA (cont.)
(a) Answer #5 (Rav Ashi): The case is, she was warned that
she will be lashed, not that she will be killed
(according to the opinion that lashes are given for
1. Our Tana'im argue like R. Yishmael and Chachamim.
(b) Answer #6 (Ravina): The case is, one witness was found to
be a relative or an invalid witness; our Tana'im argue as
R. Yosi and Rebbi argue about R. Akiva's opinion.
2. (Mishnah): Three judges are needed for lashes;
3. R. Yishmael says, 23 are needed.
1. (Mishnah - R. Akiva): (Two witnesses always suffice;
the Torah discusses "Two or three witnesses" to be
stringent - if all the witnesses are Huzmu,) a third
witness is punished like the first two (even though
his testimony was not needed);
i. If the Torah punishes one who joins
transgressors like the transgressors, all the
more so it rewards one who joins those doing a
Mitzvah like the one who did the Mitzvah!
2. Also, just as if one of two witnesses was found to
be a relative or an invalid witness, the entire
testimony is invalid, the same applies to if one of
three witnesses was found to be invalid.
3. Question: How do we know that the same applies even
if there are 100 witnesses?
4. Answer: "Edim".
5. R. Yosi says, this applies to capital cases; in
monetary cases, the testimony of the Kosher
witnesses is valid;
6. Rebbi says, R. Akiva's law applies to capital and
i. In capital cases, we disqualify all the
testimony if the invalid witness warned the
2) MONETARY LIABILITY WITH A DEATH PENALTY
(c) Answer #7: The case is, people other than the witnesses
warned the transgressor; our Tana'im argue like R. Yosi
ii. If not, if someone murdered in front of two
brothers, no one (even unrelated Kosher
witnesses) could testify against him!
iii. (The case is, the invalid witness did not warn
the transgressor; Chachamim hold like Rebbi,
the other witnesses can testify; R. Meir holds
like R. Yosi, all the testimony is
1. (Mishnah - R. Yosi): A transgressor cannot be killed
unless both witnesses warned him - "*Al Pi* Shnayim
(d) Answer #8: The case is, the witnesses contradicted each
other in Bedikos (questions not crucial to the testimony,
e.g. the color of the murderer's clothing), but agreed in
Chakiros (questions crucial to the testimony, e.g. the
place and time of the murder); our Tana'im argue like ben
Zakai and Chachamim.
1. (Mishnah): (A murder occurred under a fig tree;) ben
Zakai asked the witnesses the color of the figs, and
they contradicted each other; he did not accept
(a) (Rav Yosef): If Reuven brought witnesses that she Zinsah,
and her father (David) brought witnesses who were Mezim
them, Reuven's witnesses are killed, they do not pay
(even though their testimony would also have deprived her
of her Kesuvah);
1. If Reuven then brought witnesses who were Mezim
David's witnesses, David's witnesses are killed and
i. They are killed, because they tried to kill
Reuven's witnesses; they also pay, because they
tried to cause a loss to someone else (Reuven,
he would have had to pay a fine of 100