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 34
1) WHO CAN GIVE REASONS?
(a) Question: What is R. Yosi b'Rebbi Yehudah's reason?
2) CHANGING ONE'S OPINION
(b) Answer: "V'Ed Echad Lo Ya'aneh v'Nefesh Lamus" - he does
not speak to kill, but he speaks for Zechus.
(c) Question: What is Chachamim's reason?
(d) Answer (Reish Lakish): It looks like he is Noge'a
(partial, he wants to Mezakeh Ploni).
(e) Question: What do Chachamim expound from "Lamus"?
(f) Answer: It refers to one of the Talmidim:
1. (Beraisa): If one of the witnesses has a reason for
Zechus, we do not listen - "Ed Echad Lo Ya'aneh
2. If one of the Talmidim has a reason for Chiyuv, we
do not listen - "V'Ed Echad Lo Ya'aneh".
(a) (Mishnah): In capital cases, one who gave a reason...
3) ONE LAW LEARNED FROM TWO VERSES
(b) (Rav): This is only at the time of debating - but when
they vote on the final verdict, one who gave a reason for
Zechus can vote 'Chayav'.
(c) Question (Mishnah): The next day, they rise early; a
Mezakeh says 'I was Mezakeh, I still am', a Mechayev says
'I was Mechayev, I still am';
1. One who gave a reason for Chiyuv can give a reason
for Zechus, but one who gave a reason for Zechus
cannot give a reason for Chiyuv.
(d) Answer: They also debate the next day - one cannot change
from Zechus to Chiyuv at the time of debate.
2. The next day is when they give the final verdict!
(e) Question (Mishnah): They debate with each other until one
of the Mechayvim agrees with the Mezakim.
1. According to Rav, it should say 'or until one of the
Mezakim agrees with the Mechayvim'!
(f) Answer: Indeed, that is true - the Tana prefers to teach
only the case in which the final verdict is Zechus.
(g) Question: R. Yosi bar Chanina taught, if one of the
Talmidim was Mezakeh and he died, we count him as if he
is still Mezakeh.
1. We should be concerned that he would have retracted
(h) Answer: Since he did not retract in his life, we are not
concerned for this.
(i) Question: But they sent from Eretz Yisrael that R. Yosi
bar Chanina argues with Rav!
(j) Answer: No, they said that he does not argue with Rav.
(k) Question (Mishnah): One scribe stands to the right of the
judges and writes the words of the Mezakim, one scribe
stands to the left and writes the words of the Mechayvim.
1. We understand why we must write the words of the
Mechayvim - perhaps a Mechayev will Mechayev for a
different reason the next day, requiring Halanas Din
(to postpone the verdict another day, to give him
time to reconsider the new reason).
(l) Answer: No, we write the words of the Mezakim in order
that two judges will not give the same reason on account
of different verses (as we now explain).
2. But why must we write the words of the Mezakim (we
do not need Halanas Din for a new reason for
3. Suggestion: We must say, a judge cannot change from
Zechus to Chiyuv (unless he originally erred in
something the Tzedukim admit to, therefore, we write
his words, lest tomorrow he will think to Mechayev,
and will assume that he formerly erred in something
the Tzedukim admit to)!
1. Question (Rav Asi): If two judges give the same
reason on account of different verses, what is the
(m) Question: What is the source of this?
2. Answer (R. Yochanan): They are only counted like one
(because one of them is erring).
(n) Answer (Abaye): "Achas Diber Elokim Shtayim Zu Shamati"-
one verse has many meanings, but one law is not learned
from more than one verse.
(o) (Tana d'vei R. Yishmael): "Uch'Patish Yefotzetz Sela" -
just as a hammer is broken by (R. Tam; Rashbam - breaks)
a rock into many pieces, one verse has many meanings.
(a) Question: What is a case of a law learned from more than
one verse (which indicates that one of the opinions is
(b) Answer (Rav Zvid - Mishnah): The Mizbe'ach is Mekadesh
what is fitting for it (as we now explain);
1. R. Yehoshua says, anything fit to be burned on the
Mizbe'ach, once it is brought up the ramp, we do not
take it down (even if it was Pasul and should not
have been brought up) - "Ha'Olah Al Mokedah";
(c) Rejection: But they argue in Halachah (not just how to
i. Just as an Olah is fit to be burned on the
Mizbe'ach, if it is brought up, we do not take
it down, also everything fit to be burned on
2. R. Gamliel says, anything fit for the Mizbe'ach,
once it is brought up, we do not take it down - "Hi
Ha'Olah Al Mokedah Al ha'Mizbe'ach";
i. Just as an Olah is fit for the Mizbe'ach, if it
is brought up, we do not take it down, also
everything fit for the Mizbe'ach.
3. Both Tana'im include Korbanos that became Pasul in
the Mikdash - R. Yehoshua learns from "Mokedah", R.
Gamliel learns from "Mizbe'ach".
1. (End of the Mishnah): They only argue about the
blood and the Nesachim: R. Gamliel says that they do
not go down (for they go on the Mizbe'ach), R.
Yehoshua says that they do (for they are not
(d) Answer #2 (Rav Papa - Beraisa - R. Yosi ha'Galili): "Kol
ha'Noge'a ba'Mizbe'ach Yikdash" - one might have thought,
whether or not it if fit;
4) MAY WE JUDGE AT NIGHT?
1. "Kevasim" - just as lambs are fit, also anything fit
(does not go down).
(e) Rejection: Rav Ada bar Ahavah taught, they argue about a
Pasul Olas ha'Of: this is learned from "Kevasim", but it
is included in "Olah".
2. R. Akiva says "Olah" - just as an Olah is fit, also
everything that is fit (does not go down).
3. Both Tana'im exclude Pesulim that were never fit -
R. Yosi ha'Galili learns from "Kevasim", R. Akiva
learns from "Olah"!
(f) Answer #3 (Rav Ashi - Beraisa - R. Yishmael): "Dam
Yechashev...Dam Shafach" - this includes one who throws
the blood (of a Korban outside the Mikdash, he is Chayav
Kares just like one who slaughters);
1. R. Akiva says "O Zavach" includes one who throws.
(g) Objection: R. Avahu taught, they argue about one who
slaughtered and threw - R. Yishmael says, he brings only
one Korban (if he was Shogeg, because throwing was
learned from the same Kares as slaughtering), R. Akiva
says he brings two Korbanos (we learned throwing from a
different Kares written by offering outside the Mikdash).
2. They both include one who throws, R. Yishmael learns
from "Dam Yechashev", R. Akiva learns from "O
(h) Defense (of Rav Ashi - Abaye): No, R. Akiva admits that
he is liable only once because the same Lav forbids both
- "Sham Ta'aleh Olasecha v'Sham Ta'aseh..."
(a) (Mishnah): Monetary cases must be started during the
(b) Question: What is the source (that they can finish at
(c) Answer (R. Chiya bar Papa): "V'Shaftu Es ha'Am b'Chol
(d) Question: If so, it should be permitted to start at
(e) Answer: Rava teaches that this is not so.
1. Contradiction (Rava): It says "V'Shaftu Es ha'Am
b'Chol Es", it also says "B'Yom Hanchilo Es Banav"!
(f) Our Mishnah is not like R. Meir.
2. Answer (Rava): The case must be started during the
day, it can finish at night.
1. (Beraisa - R. Meir) Question: "V'Al Pihem Yihyeh Kol
Riv v'Chol Naga" - what is the connection between
Dinim and Tzara'as?
(g) A blind man used to judge in R. Yochanan's neighborhood;
R. Yochanan did not say anything.
2. Answer (R. Meir): The Torah equates them: just as
the Kohen only looks at Tzara'as during the day
("Uv'Yom Hera'os") also Dinim must be judged during
i. Also: just as a blind Kohen cannot rule about
Tzara'as ("L'Chol Mar'e Einei ha'Kohen"), a
blind person cannot judge Dinim.
3. We also learn from Dinim to Tzara'as: just as
relatives cannot judge Dinim, they cannot rule about
4. Suggestion: Just as three judges are required for
Dinim, we should say that three Kohanim are required
to rule about Tzara'as!
i. Support: If three judges are required to take
money from a person, all the more so three are
required to declare Tzara'as on his body!
5. Rejection: "V'Huva El Aharon ha'Kohen O El Echad" -
even one Kohen can rule.
(h) Question: But R. Yochanan said that the Halachah follows
an unauthored Mishnah!
1. (Mishnah): Anyone Kosher to judge is Kosher to
testify; there is someone Kosher to testify who is
disqualified from judging.
(i) Answer: R. Yochanan rules like a different unauthored
Mishnah (i.e. ours).
2. (R. Yochanan): Someone blind in one eye is Kosher to
testify but disqualified from judging.
1. (Mishnah): Monetary cases must be started during the
day, they can finish at night (when people are like
blind people, they cannot see).
(j) Question: Why does he rule like our unauthored Mishnah,
not like the other?
(k) Answer #1: Our Mishnah is the opinion of many Chachamim
(since it is never attributed to an individual, but the
other Mishnah is like R. Meir (in the Beraisa above)).
(l) Answer #2: Our Mishnah teaches the law among other laws
(m) Question: How does R. Meir expound "V'Shaftu Es ha'Am
(n) Answer (Rava): It permits judging on a cloudy day. (We
would have thought that we cannot, because we cannot see
1. (Mishnah): We do not look at Tzara'as early in the
morning or late in the afternoon (when the sun is
weak), in a house, or on a cloudy day, because a
faint appearance will look strong;
(o) Question: How does R. Meir expound "B'Yom Hanchilo"?
2. We do not look at midday, because a strong
appearance will look weak.
(p) Answer: He learns like Rabah bar Chinena.
1. (Rabah bar Chinena): "B'Yom Hanchilo Es Banav" - we
bequeath by day, not at night.
2. Objection (Rav Nachman): If someone dies at night,
his children will not inherit him?!
3. Suggestion (Rav Nachman): Perhaps your mean, we do
not judge cases of inheritance at night.
i. (Beraisa): "L'Chukas Mishpat" - the end of the
Parshah (of inheritance) is called Din.
4. Rabah bar Chinena: Yes, that is what I meant.
ii. (Rav Yehudah): If three people went to visit a
sick person (and he commanded how to bequeath
his property, and then died), they may write
his command, or they may execute it;
iii. If only two were present, they must write it,
they may not execute it (they are not a Beis
iv. (Rav Chisda): This is if they visited by day -
if they visited at night, they must write it,
they may not execute it, for they are
witnesses, and they cannot become judges (even
during the day)