POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Sanhedrin 35
1) MONETARY CASES ARE FINISHED THE SAME DAY
(a) (Mishnah): Monetary cases are judged and finished on the
2) WHEN MAY WE GIVE THE FINAL VERDICT IN CAPITAL CASES?
(b) Question: What is the source of this?
(c) Answer (Rav Simi bar Chiya): "V'Hoka Osam la'Sh-m Neged
(d) (Rav Chisda): "V'Hoka" means hanging - it says V'Hokanum
la'Sh-m b'Giv'as Sha'ul", and it says "Va'Tikach...ha'Sak
va'Tatehu" (the bodies were exposed, because they were
1. Also: it says "Kach Es Kol Roshei ha'Am".
2. Question: The people sinned (with the women of
Midyan and served Ba'al Pe'or), not the leaders!
3. Answer (Rav Yehudah): Hash-m told Moshe to set up
many Batei Din to judge the sinners.
4. Question: What is the reason?
i. Suggestion: Because one Beis Din may judge only
one capital case at a time.
5. Answer: Involving many people in punishing the
sinners would assuage Hash-m's anger at Yisrael.
ii. Rejection: It may not judge capital cases of
different death penalties (or transgressions),
it may judge many similar cases (i.e. of the
(a) (Mishnah): Capital cases can be finished on the same day
for Zechus (and on the morrow for Chiyuv).
3) DOES MISAS BEIS DIN OVERRIDE SHABBOS?
(b) Question: What is the source of this?
(c) Answer #1 (R. Chanina): "Mele'asi Mishpat Tzedek Yalin
Bah v'Ata Meratzechim" (postponing the verdict until the
morrow was good; now they do not, this is like murder)!
(d) Answer #2 (Rava): "Ashru Chamutz" - support a judge (some
texts - happy is a judge) who delays giving the verdict.
1. R. Chanina expounds, "Ashru Chamutz" - but not
Chometz (vinegar, i.e. do not help the thief to keep
(e) Question: How does Rava expound "Mele'asi Mishpat..."?
(f) Answer: He expounds like R. Elazar.
1. (R. Elazar): If Tzedakah is not given on the night
after a fast (as is usual), rather the next day, it
is like bloodshed - "...Tzedek Yalin Bah v'Ata
(g) (Mishnah): Therefore, we do not begin on Erev Shabbos (or
Erev Yom Tov).
2. This is only where they normally give bread and
dates (for then, the poor expected to receive it and
did not prepare food), but where they give money or
grain, it is not a problem.
(h) Question: What is the reason?
(i) Answer: Because (if he is liable) we would not be able to
finish the case properly.
1. We cannot plan on finishing on Erev Shabbos - if the
majority are Mechayev, we need Halanas Din!
2. We cannot give the verdict and execute on the next
day - Misas Beis Din does not override Shabbos!
3. We cannot execute right after Shabbos - "Neged
ha'Shemesh" (we must kill during the day).
4. We cannot kill him on Sunday - this delays his
execution after the sentence!
5. We cannot finish judging on Sunday - the judges
might forget their reasoning!
i. Even though we write their words, we cannot
write how each understood in his heart, this
might be forgotten.
(a) Question (Reish Lakish): A Kal va'Chomer should teach
that burying a Mes Mitzvah overrides Shabbos!
1. Avodah (in the Mikdash) overrides Shabbos, and
burying a Mes Mitzvah overrides Avodah (as we now
i. (Beraisa) Question: "L'Aviv...ul'Achoso Lo
Yitama" - what does this teach?
ii. Answer: If someone (Tosfos; Rashi - the Kohen
Gadol, who was a Nazir) was going to slaughter
his Korban Pesach or circumcise his son and he
heard that a relative died, one might have
thought that he should become Tamei - "Lo
4) DOES MISAS BEIS DIN OVERRIDE AVODAH?
(b) Answer (R. Yochanan): Misas Beis Din disproves this, for
it overrides Avodah, it does not override Shabbos.
iii. Suggestion: Perhaps, just as he does not become
Tamei for his sister, he does not become Tamei
for a Mes Mitzvah!
2. Since burying a Mes Mitzvah overrides Avodah (which
overrides Shabbos), all the more so it should
iv. Rejection: "Ul'Achoso" - to his sister he does
not become Tamei, he becomes Tamei for a Mes
(c) Question (Reish Lakish): A Kal va'Chomer should teach
that Misas Beis Din overrides Shabbos!
1. Avodah (in the Mikdash) overrides Shabbos, and Misas
Beis Din overrides Avodah - "Me'Im Mizbechi
Tikachenu Lamus" (if a Kohen that is Chayav Misah
wants to do Avodah, we do not allow him, we judge
(d) Answer (Rava): Tana d'vei R. Yishmael teaches that it
2. All the more so, Misas Beis Din should override
(e) (Tana d'vei R. Yishmael) Question: "Lo Seva'aru Esh
b'Chol Moshevoseichem b'Yom ha'Shabbos" - what does this
1. Objection: We know what it teaches - according to R.
Yosi, it teaches that burning is only a Lav;
according to R. Noson, it separates the Melachos of
(f) Answer (a Talmid citing R. Yishmael): "...B'Ish Chet
Mishpat Maves v'Humas" - one might have thought, he can
be killed on a weekday or Shabbos;
i. (Beraisa - R. Yosi): The Torah forbids all
Melachos - it specifically forbids burning to
teach that it is only a Lav, one is not Chayav
Misah for it;
2. Correction (Rava): Tana d'vei R. Yishmael asks why
the Torah forbids burning "*B'chol Moshevoseichem*"
(teaching, even in Chutz la'Aretz);
ii. R. Noson says, it is taught by itself to
separate the Melachos (it teaches that one is
liable for a single Melachah, and obligates one
to bring a Korban for every Melachah done
i. Shabbos is an obligation on people (it does not
depend on land), we know that such Mitzvos
1. Question: But it says "Mechalaleha Mos Yumas" (and
killing is a Melachah)!
(g) Conclusion: It says "Lo Seva'aru Esh b'Chol
Moshevoseichem", and it says "L'Chukas Mishpat
l'Doroseichem b'Chol Moshevoseichem" - just as 'Moshevos'
in the latter verse refers to Beis Din, also in the
former (i.e. it forbids burning in Beis Din to execute).
2. Answer: That would apply to Melachos other than
Misas Beis Din
3. Suggestion: Perhaps it includes Misas Beis Din, and
"v'Humas" only applies on a weekday!
i. Suggestion: Or, perhaps "v'Humas" applies even
(a) (Abaye): Having learned that Misas Beis Din does not
override Shabbos, a Kal va'Chomer should teach that Misas
Beis Din does not override Avodah!
1. Avodah overrides Shabbos, but Misas Beis Din does
not override Shabbos - all the more so, Misas Beis
Din does not override Avodah!
2. Question: But it says "Me'Im Mizbechi Tikachenu
3. Answer: That refers to a Korban Yachid which does
not override Shabbos (therefore, Misas Beis Din
overrides it, but it should not override a Korban