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 44
SANHEDRIN 44 (19 Cheshvan) - Dedicated l'Iluy Nishmas Chaim
Mordechai ben Harav Yisrael Azriel (Feldman) of Milwaukee, by
the members of his family.
1) ACHAN'S TRANSGRESSIONS
(a) (R. Aba bar Zavda): "Chata Yisrael" - even though a
Yisrael sinned, he is still called a Yisrael.
2) CRITICISM OF YEHOSHUA
1. People say, a Hadas branch among Chilfa (an inferior
type of Hadas) is still called Hadas. (Ramah -
Chilfa among Hadasim is called Hadas.)
(b) (R. Ila'i): "V'Gam Avru Es Brisi...v'Gam Lakchu Min
ha'Cherem v'Am Gonvu v'Gam Kichashu v'Gam Simu
vi'Chleihem" - the five times it says 'Gam' teach that
Achan transgressed all five Chumashim.
(c) (R. Ila'i): Achan pulled his foreskin to cover up his
circumcision - it says here "V'Gam Avru Es Brisi",
similar to "Es Brisi Hefar".
(d) Question: R. Ila'i already taught that he transgressed
all the Torah, circumcision is included!
(e) Answer: One might have thought, he did not go so far (to
annul a Mitzvah on his body).
(f) (R. Aba bar Zavda): "V'Chi Asa Nevalah b'Yisrael" - this
teaches that he had relations with a Na'arah Me'orasah,
by which it says "Ki Osesa Nevalah b'Yisrael".
(g) Objection: This is obvious (he transgressed the entire
(h) Answer: One might have thought, he did not go so far (a
great sin to Hash-m, it also embarrasses her family and
forbids her to her husband).
(i) (Ravina): The verse teaches that his punishment was to be
stoned, like one who had relations with a Na'arah
(j) Question (Reish Galusa): It says "Va'Yikach Yehoshua Es
Achan...v'Es ha'Kesef...v'Es Banav v'Es Benosav v'Es
Shoro...v'Es Kol Asher Lo" - he sinned, why were his
1. Counter-question (Rav Huna): The verse also says
"V'Chol Yisrael Imo" - were all of Yisrael killed?!
(k) Answer (to both questions - Rav Huna): His children and
all of Yisrael were taken to see the execution, to
instill in them fear of sin.
(l) Question: "Ve'Yisrefu Osam ba'Esh va'Yiskelu Osam" - were
they burned and stoned?!
(m) Answer (Ravina): What was fitting for burning (money and
garments) was burned, what was fitting for stoning (Achan
and his animals) was stoned.
(n) (Rav): "Va'Ere ba'Shalal Aderes Shin'ar Achas Tovah" - it
was a cloak of clean white wool.
(o) (Shmuel): It was dyed with alum.
(a) (Rav Nachman): "Va'Yatzikum Lifne Hash-m" - Yehoshua cast
the spoils on the ground, and asked if these were worthy
to cause the majority of the Sanhedrin to die in the
battle against Ai.
1. (Beraisa - R. Yehudah): "Va'Yaku...ki'Shloshim
v'Shisha Ish" - they killed 36 people.
(b) (Rav Nachman): "Tachanunim Yedaber Rash" - this is Moshe,
who prayed in a soft voice for Yisrael;
2. R. Nechemyah: It says "*Ki*'Shloshim v'Shisha" -
really, they killed Ya'ir ben Menasheh, who is equal
to the majority of a Sanhedrin.
1. "V'Ashir Ya'aneh Azos" - this is Yehoshua, who spoke
(c) Question: What is the source to say this about Yehoshua?
1. Suggestion: "Va'Yatzikum Lifne Hash-m" - Rav Nachman
taught, he cast the spoils on the ground...
(d) Answer #1: He said "Lamah Ha'avarta Ha'avir Es ha'Am
2. Rejection: Pinchus also did so!
i. (R. Elazar): "Va'Ya'amod Pinchas va'Yfalel" -
it does not say 'Va'Yispalel', rather,
"va'Yfalel", he was judging in front of Hash-m;
ii. He cast Zimri and Kozbi on the ground, and
asked if these were worthy to cause 24,000
Yisraelim to die in a plague.
(e) Rejection: Moshe also said "Lamah Hare'osa la'Am ha'Zeh"!
(f) Answer #2: He said "V'Lo Ho'alnu va'Neshev b'Ever
(g) (R. Shila): "Va'Yomer Hash-m...Kum Lech" - your
transgression is worse than theirs;
1. Hash-m commanded to set up the stones (immediately)
"B'Avrechem Es ha'Yarden", but you waited until you
entered 60 Mil into the land.
(h) (Rav): "Ka'aser Tvivah Hash-m Es Moshe...Ken Tzivah Moshe
Es Yehoshua...Lo Hesir Davar Mi'Kol Asher Tzivah Hash-m"
(Yehoshua did not transgress)!
(i) Question: Why did Hash-m say "Kum Lech"?
(j) Answer: Yehoshua caused the problem (by forbidding the
spoils of Yericho).
1. It says regarding Ai "Ka'asher Asisa li'Richo...(but
you will take the spoils and animals)".
(k) When Yehoshua saw a Mal'ach in Yericho, he bowed to the
(l) Question: But R. Yochanan taught, it is forbidden to
greet someone with Shalom at night, perhaps it is a Shed
(all the more so, one should not bow down)!
(m) Answer: The Mal'ach had said "Ani Sar Tzeva Hash-m", he
knew it was not a Shed.
(n) Question: Perhaps it lied!
(o) Answer: Shedim do not say Hash-m's name in vain.
3) MAL'ACHIM THAT BESEECH HASH-M
1. The Mal'ach rebuked Yehoshua for failing to offer
yesterday's afternoon Tamid, and for not learning
(p) (Shmuel bar Unya): Learning Torah is greater than
bringing the Temidim - the Mal'ach came for neglect of
2. Yehoshua: Which of these prompted you to come?
3. The Mal'ach: "Ata Vasi" (for your current failure to
4. (R. Yochanan): Immediately, "Va'Yalen
Yehoshua...b'Soch ha'Emek" - he spent the night in
the depth of Halachah.
(a) (Rav Dimi): In Eretz Yisrael they expound "Al Tetzei
la'Riv Maher..." - when Hash-m told Yechezkeil to tell
Yisrael "Avich ha'EMori v'Imech Chitis", a Ru'ach
Poskanis (a Mal'ach; Rashi - Gavri'el) asked, if Avraham
and Sarah would come in front of You, would You embarrass
them this way?
4) CONFESSION BEFORE EXECUTION
1. "Rivcha Riv...v'Sod Achar Al Tegal" (rebuke Yisrael,
do not reveal the shame of Avraham and Sarah).
(b) Question: Does this Mal'ach have permission to speak this
way to Hash-m?
(c) Answer (R. Yosi b'Rebbi Chanina): Yes! He has three
names: Piskin (he is Posek (speaks conclusively about
Yisrael)), Itmon (he seals off the sins of Yisrael),
Sigron (if he must cease pleading for Yisrael, no other
(d) (R. Elazar): "Ha'Ya'aroch Shu'acha Lo b'Tzar" - one
should pray before he is afflicted;
1. Had Avraham not prayed for his descendants when he
was between Beis Kel and Ai, they would have
perished in the battle of Ai.
(e) (Reish Lakish): "Ha'Ya'aroch Shu'acha Lo b'Tzar" -
invigorating oneself in prayer blocks prosecution against
(f) (R. Yochanan): One should pray (to Hash-m) that the
Mal'achim will help him, not prosecute against him.
(a) (Mishnah) Question: How do we know that this atoned for
(b) (Beraisa): Question: How do we know that this atoned for
(c) Answer: "Yakorcha Hash-m ba'Yom ha'Zeh" - today you are
sullied, but not in the world to come.
(d) Question: "U'Vnei Zerach Zimri v'Eisan...Kulam Chamishah"
- why must it say that there were five?
(e) Answer: This teaches that all five have shares in the
world to come.
(f) Question: In Divrei ha'Yamim he is called Zimri, in Sefer
Yehoshua he is called Achan!
(g) (Rav or Shmuel): His name is Achan - he is called Zimri
because he did an action like Zimri.
(h) (The other of Rav and Shmuel): His name is Zimri - he is
called Achan because he caused the sins of Yisrael to be
visited upon them like an Achna (snake).
(i) (Mishnah): If he does not know how to confess...R.
Yehudah says...(Chachamim say, if so, everyone will say
this to) clear himself!
(j) Question: What is wrong if he clears himself?
(k) Answer: He will make people think that Beis Din killed an
innocent person and that the witnesses lied.
(l) (Beraisa): A case occurred, a man said on his way to
execution 'If I am guilty of this, my death should not
atone for my sins; if I am innocent, my death should
atone for my sins, Beis Din and Yisrael should be clear,
the witnesses should never be forgiven'.
1. When Chachamim heard, they said 'The sentence cannot
be retracted; he will be killed, if the witnesses
lied, they will bear their sin'.
(m) Question: Obviously, his words cannot overturn the
(n) Answer: The Chidush is, even though the witnesses
retracted, we carry out the sentence.
(o) Question: One witnesses testify, they cannot retract!
(p) Answer: The Chidush is, even though they gave a reason
(they lied on account of hatred), they cannot retract
(like the case when Shimon ben Shetach's son was framed).