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 51
1) WHEN A BAS KOHEN IS BURNED
(a) (Continuation of Beraisa) Question: This is only if she
married a Kohen (this will be explained) - how do we
know, even if she married a Levi, Yisrael, Nochri,
Chalal, Mamzer, or Nesin?
2) R. ELIEZER'S OPINION
(b) Answer: 'U'Vas Ish Kohen" - even if she is not a Kohenes.
1. "Hi" - she is burned, not the adulterer, and not
Zomemim witnesses who testified about her.
(c) R. Eliezer says, "Es Aviha" is burned, but her
father-in-law is stoned (this will be explained).
(d) Question: The Beraisa suggested, perhaps she is burned
for Chilul Shabbos - but one is stoned for that!
(e) Answer (Rava): The Beraisa is R. Shimon, who says that
burning is more severe than stoning;
1. The Torah is stringent with Kohanim, they have extra
Mitzvos - one might have thought that a Bas Kohen
gets a harsher Misah than someone else that was
(f) Question: Why would she be punished more severely than
(g) Answer: Male Kohanim are permitted to Mechalel Shabbos to
do Avodah, the Torah is not extra stringent if they
Mechalel Shabbos without permission;
1. The Torah teaches that we are not more stringent for
a Bas Kohen, even though she is never permitted to
(h) Question: The Beraisa suggested that perhaps even a
single girl is burned - but it says "Liznos"!
(i) Answer: The Tana holds like R. Eliezer, who says that if
a single man and woman have relations without intent for
Kidushin, she becomes a Zonah (and is forbidden to
Kohanim, i.e. this is called Zenus).
(j) Question: The Beraisa suggested that perhaps "Aviha"
teaches that she is burned only if she was Mezanah with
her father - but even a Bas Yisrael is burned for this!
1. (Rava): We learn from Gezeros Shavos "Henah-Henah"
and "Zimah-Zimah" (that a man is burned for
relations with his daughter).
(k) Answer: One might have thought, by teaching that a Bas
Kohen is burned, the Torah teaches that a Bas Yisrael is
not burned, i.e. not to learn from the Gezeros Shavos;
1. The Tana teaches, this is not so.
(l) (Beraisa) Question: This is only if she married a Kohen -
how do we know, even if she married a Levi, Yisrael,
Nochri, Chalal, Mamzer, or Nesin?
(m) Answer: 'U'Vas Ish Kohen" - even if she is not a Kohenes.
(n) Question #1: If a Bas Kohen married one of these people,
does she cease to be a Kohenes?!
(o) Question #2: What suggests that the verse discusses when
she married a Kohen?
(p) Answer: One might have thought, "Ki *Sechel* Liznos" -
when this was the Haschalah (beginning) of her sin, but
if she already married someone forbidden to her, she is
1. It was taught, "U'Vas" - once she had relations with
someone forbidden to her, she is disqualified
(permanently from marrying a Kohen or eating
(q) This is not like R. Meir.
2. Even when she was married to a Levi or Yisrael,
"Vshav (to eat Terumah)" - implying that during the
marriage, she is forbidden to eat Terumah.
3. Therefore, one might have thought that she (is not
considered a Kohenes, and) is not burned for Zenus -
the Tana teaches, this is not so.
1. (Mishnah - R. Meir): If a Bas Kohen was married to a
Levi or Yisrael, and she ate Terumah, she pays its
value, she does not add a fifth, she is burned (for
2. If she was married to someone forbidden, she pays
its value and adds a fifth (like a non-Kohen), she
is not burned.
3. Chachamim say, in both cases she does not add a
fifth, she is burned.
4. R. Eliezer says "Es Aviha" she is burned, 'Es Chameha
(her father-in-law)', she is stoned.
(a) Question: What does R. Eliezer mean?
1. Suggestion: She is burned for relations with her
father, she is stoned for relations with her
(b) Answer: Rather, if she was (living) by her father
(Arusah, and was Mezanah) she is burned, if she was by
her father-in-law (Nesu'ah) she is stoned.
2. Rejection: That applies even to a Bas Yisrael!
(c) Question: As whom is this?
1. If like Chachamim - they say that an Arusah is
stoned, not burned!
(d) Answer #1 (Ravin): Really, it is like Chachamim; it
means, any Zenus (i.e. of a Nesu'ah) for which a Bas
Yisrael is killed less severely (choking) than for Zenus
with her father (burning), a Bas Kohen is burned for it;
2. If like R. Shimon - he says that also a Nesu'ah is
3. If like R. Yishmael (who says that only an Arusah is
burned, not a Nesu'ah), a Nesu'ah is choked!
1. Any Zenus (i.e. of an Arusah) for which a Bas
Yisrael is killed more severely (stoning) than for
Zenus with her father (burning), a Bas Kohen is
killed as one who was Mezanah with her father-in-law
(e) Objection (R. Yirmeyah): The Mishnah does not discuss
more or less severe Misos!
(f) Answer #2 (R. Yirmeyah): Really, it is like R. Yishmael;
3) R. YISHMAEL'S OPINION
1. If she was Mezanah while by her father (Mekudeshes)
she is burned, if she was (Nesu'ah and was) Mezanah
*with* her father-in-law, she is stoned;
(g) Objection (Rava): The Mishnah says 'Es Aviha...Es
Chameha' - either both refer to the adulterer, or both
refer to location!
2. If she was Mezanah with anyone else, she is choked.
(h) Answer #3 (Rava): Really, it is like R. Shimon;
1. R. Shimon equates a Nesu'ah to an Arusah - just as
the Misah of an Arusah Bas Kohen (burning) is one
level greater than that of a Bas Yisrael (stoning),
also the Misah of an Nesu'ah Bas Kohen is one level
greater than that (choking) of a Bas Yisrael (the
Bas Kohen is stoned).
(i) Objection (R. Chanina): R. Shimon explicitly said that a
Bas Kohen is burned, whether Arusah or Nesu'ah!
(j) Answer #4 (Ravina): Really, it is like Chachamim; we must
switch the laws - "Es Aviha" (when she is by her father,
i.e. Arusah) she is *stoned*, 'Es Chameha', she is
1. Version #1 (Rashi): The Tana did not directly say
'Arusah' or Nesu'ah, for he uses the language of the
(k) (Rav Nachman): The Halachah follows Ravin's explanation
of the Mishnah.
2. Version #2 (Tosfos): The Tana taught it reversed
because this is the law of Zenus *with* them
(burning for the father, stoning for the
(l) Objection (Rav Yosef): This has no bearing until
Mashi'ach will come (and the Sanhedrin and Misas Beis Din
will be restored)!
(m) Question (Abaye): Also Korbanos will not apply until
Mashi'ach comes - should we not learn this now?!
(n) Answer (Abaye): Rather, we study it and receive reward -
likewise, Rav Nachman teaches a Halachah about Misas Beis
(o) Rav Yosef: I objected because Rav Nachman said that the
Halachah follows Ravin - Ravina does not argue with him
about Halachah, just about how to explain the phrasing of
(a) Question: What is R. Yishmael's opinion?
(b) Answer (Beraisa - R. Yishmael): 'U'Vas Ish Kohen... - the
verse discusses a Mekudeshes Na'arah.
1. Suggestion: Perhaps it also discusses a Nesu'ah!
(c) R. Akiva says, the Torah teaches that a Bas Kohen is
burned, whether Arusah or Nesu'ah;
2. Rejection: "Mos Yumas ha'Noef veha'Noafes" refers to
all adulterers (and Mos Yumas connotes choking);
i. The Torah taught two exceptions - an Arusah Bas
Yisrael is stoned, and that a Bas Kohen is
3. "Ka'asher Zamam" teaches about her Zomemim (lying
witnesses that testified about a Bas Kohen) and the
ii. The exception of stoning only applies to an
Arusah Bas Yisrael, not a Nesu'ah - likewise,
the exception of burning only applies to an
Arusah Bas Kohen, not a Nesu'ah.
4. Objection: How does this teach about the adulterer?!
5. Correction: It means, her Zomemim receive the Misah
of the adulterer - "Ka'asher Zamam La'asos
*l'Achiv*", not as he plotted to do to his 'sister'
(i.e. the Bas Kohen).
1. Suggestion: Perhaps she is burned even if she is
(d) Question: How does R. Yishmael expound "U'Vas"?
2. Rejection: It says here "Aviha", like it says
regarding a Mekudeshes Na'arah;
i. Just like there she has a husband, also here.
3. R. Yishmael: If it must be like it says there, it
should only apply to a Mekudeshes Na'arah!
4. R. Akiva: I expound the extra 'Vov' to include a
Nesu'ah - "*U*'Vas Kohen".
5. R. Yishmael: Is this a reason to burn? If the verse
includes a Nesu'ah, you should also include a single
girl; if it excludes a single girl, you should also
exclude a Nesu'ah!
6. R. Akiva: The Gezerah Shavah excludes a single girl,
"U'Vas" includes a Nesu'ah.
7. R. Yishmael thought that when R. Akiva said that he
expounds the extra 'Vov', he retracted from the
(e) Answer: He expounds like the father of Shmuel bar Avin.
1. (Shmuel bar Avin's father): Regarding males, the
Torah gave different laws for blemished and
(f) R. Akiva knows not to distinguish from "Hem Makrivim
v'Hayu Kodesh" (blemished Kohanim are only disqualified
for Avodah, but they have Kedushas Kehunah).
2. Suggestion: Perhaps we also distinguish among Benos
Kohanim (blemished ones are like Benos Yisrael, they
are not burned)!
3. Rejection: "*U*'Vas" (even if she is blemished).
1. R. Yishmael says, one might have thought, that only
applies to males, but a blemished Bas Kohen has no