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 57
1) TANA D'VEI MENASHEH
(a) Question: If Tana d'vei Menasheh expounds the verse
"Va'Ytzav", he should include Dinim and blasphemy; if he
does not expound it, how does he know the other five
(which were derived from the verse)?
2) WHAT ARE BENEI NO'ACH KILLED FOR?
(b) Answer: He does not expound it; all seven Mitzvos are
1. Idolatry and Arayos - "Va'Tishaches ha'Aretz Lifnei
i. (Tana d'vei R. Yishmael): "Hashchasah" always
refers to Arayos and idolatry:
2. Murder - "Shofech Dam ha'Adam...";
ii. Arayos - as it says "Ki Hishchis Kol Basar Es
iii. Idolatry - "Pen Tashchisun va'Asisem Pesel".
iv. The Tana who learns from "Va'Ytzav Hash-m..."
says that the Torah merely discusses the
generation of the flood, these are not
i. The other Tana says that this comes to teach
about the punishment - the verse continues
"...Ba'Adam Damo Yishafech";
3. Theft - "K'Yerek Esev Nosati Lachem Es Kol";
i. (R. Levi): This permits what is like Yerek Esev
(that grows by itself, i.e. Hefker), not what
grows in gardens.
4. A limb of a living animal - "Ach Basar b'Nafsho Damo
ii. The other Tana says that this comes to permit
eating meat (which was forbidden before this).
i. The other Tana says that this comes to permit
Sheratzim (rodents, even before they die).
5. Castration - "Shirtzu va'Aretz u'Rvu Vah";
i. The other Tana says that this is a blessing,
not a Mitzvah.
6. Kilayim - "Meha'Of l'Minehu";
i. The other Tana says that the birds (and
animals) in the ark were according to their
species, for this is the best companionship, we
may not derive a prohibition of mating diverse
(a) (Rav Yosef): A Ben No'ach has three Chayavei Misah -
Arayos, murder and blasphemy.
(b) Objection (Rav Sheshes): Granted, we learn murder from
"Shofech Dam ha'Adam ba'Adam Damo Yishafech" - what is
the source for the other two?
1. If you learn from murder, he should be liable for
all his Mitzvos!
(c) (Rav Sheshes): Rather, he has four Chayavei Misah - these
2. If they are included because it says "Ish Ish" - it
also says this regarding idolatry!
(d) Question: He is not killed for idolatry!
1. (Beraisa): Regarding idolatry, a Nochri is commanded
only about things which a Yisrael is killed for.
(e) (Rav Nachman bar Yitzchak): Anything a Ben No'ach is
commanded, he is Chayav Misah if he transgresses it.
2. Inference: He is *commanded*, he is not killed for
(f) (Rav Huna and all Rav's Talmidim): He is Chayav Misah for
any of his seven Mitzvos - the Torah taught about one of
them, the same applies to all of them.
(g) Question: He is not killed for theft!
1. (Beraisa): Regarding robbery, theft, taking a Yafes
To'ar (another man's wife in war, this also
resembles theft) and everything like this:
(h) Answer: He is Chayav Misah - it says 'forbidden' on
account of the next clause, a Yisrael is *permitted*.
i. If a Nochri takes from a Nochri or from a
Yisrael, it is forbidden; a Yisrael is
permitted to take from a Nochri.
2. If a Nochri is Chayav Misah for this, it should say
so (and not just that he is forbidden)!
(i) Question: Whenever he is liable, the Tana says so!
1. (Beginning of the Beraisa): If a Nochri kills a
Nochri or a Yisrael, he is liable;
(j) Answer: There, there was no other way to teach!
i. If a Yisrael kills a Nochri, he is exempt.
1. Suggestion: Perhaps it could say 'a Nochri is
forbidden, a Yisrael is permitted'.
(k) Question: The Beraisa alludes to a similar case regarding
robbery - what is it?
2. Rejection (Beraisa): Nochrim and people that graze
(their own) small animals (they constantly steal by
grazing on others' property): we do not throw them
into a pit (to actively kill them), nor do we raise
them from a pit to save them.
(l) Answer #1 (Rav Acha bar Yakov): This teaches about a
worker (eating) in a vineyard.
1. Question: When is he eating?
(m) Answer #2 (Rav Acha brei d'Rav Ika): The case is, he
i. If when the fruit is finished - he is permitted
2. Answer (Rav Papa): The case is, he eats less than
the value of a Perutah.
ii. If the fruit is not finished - this is
3. Question: If so, why is it forbidden for a Nochri to
eat from a Yisrael - a Yisrael pardons less than the
value of a Perutah!
4. Answer: Later, he pardons; initially, it bothers
5. Objection: When a Nochri eats from a Nochri, since
Nochrim do not pardon less than the value of a
Perutah, this is fully-fledged theft!
1. If a Nochri withheld wages from a Nochri or from a
Yisrael, it is forbidden; a Yisrael is permitted to
withhold wages from a Nochri.
(n) Question: What is the case similar to a Yafes To'ar?
(o) Answer (Rav Dimi): If a Nochri had relations with a
female slave designated for a male slave, he is killed
(for this is like stealing).
(p) Observation: The Tana did not say that there is a similar
case regarding murder.
(q) (Abaye): If one finds a Beraisa teaching such a case, it
is R. Yonason ben Sha'ul.
1. (Beraisa - R. Yonason ben Sha'ul): If Reuven was
chasing Shimon (to kill him), and Shimon could have
stopped him by maiming one of his limbs, but he
instead killed him, Shimon is (Rambam - worthy of
being) killed for this.
3) CONDEMNING A BEN NO'ACH
(a) (R. Yakov bar Acha - Sefer Agadata): A Ben No'ach can be
sentenced to death by one judge, based on one witness,
4) WHICH ARAYOS APPLY TO NOCHRIM?
1. The judge (or witness) cannot be a woman; he can be
(b) (R. Yishmael): A Ben No'ach is killed for killing a
(c) Question: What is the source of R. Yakov's law?
(d) Answer (Rav Yehudah): "Ach Es Dimchem l'Nafshoseichem
*Edrosh* (singular)" - even through one judge; "Mi'Yad
Kol Chayah" - without warning; "Edreshenu umi'Yad
ha'Adam" - through one witness; "Mi'Yad Ish" - not
through a woman; "Achiv" - even through a relative.
(e) Question: What is the source of R. Yishmael's law?
(f) Answer: "Shofech Dam *ha'Adam ba'Adam* Damo Yishafech" -
the case of a person in a person is a fetus.
(g) The first Tana holds like Tana d'vei Menasheh, who says
that a Ben No'ach is always choked;
1. He expounds "Ba'Adam Damo Yishafech" - he blood will
remain inside his body, i.e. he will be choked.
(h) Question (Rav Hamnuna): Is it really true that the
Mitzvos do not apply to a Bas No'ach?!
1. But it says "(Avraham)...Yetzaveh (Es Banav v'Es
Beiso, his sons and daughters)"!
(i) Answer (Rav Hamnuna): He will command his sons about
laws, and his daughters about Tzedakah.
(j) Question (Rav Avya Sava): "Mi'Yad Ish" - not a woman - if
a Bas No'ach killed, is she exempt?!
(k) Answer (Rav Papa): "Shofech Dam ha'Adam..." - in any case
(male or female), the murderer will be killed.
(l) Question (Rav Avya Sava): "Al Ken Ya'azov *Ish*
(...v'Davak b'Ishto)" - if a Bas No'ach was Mezanah, is
(m) Answer (Rav Papa): "Ve'Hayu l'Basar Echad" - the Torah
equates men and women.
(a) (Beraisa): "Ish Ish (...Lo Sikrevu Legalos Ervah)" -
this includes Nochrim (they are commanded about Arayos).
(b) Question: We expounded "Leimor" to teach (that Nochrim
are commanded) about Arayos!
(c) Answer: This teaches about their Arayos, "Ish Ish"
teaches about ours.
(d) (End of the Beraisa): If a Nochri had relations with
Arayos of Yisrael, he is judged according to laws of
(e) Question: How does this make a difference?
(f) Answer #1 (Rav Nachman): Twenty-three judges, two
witnesses and warning are needed to convict him.
(g) Objection: It is unreasonable to say that it is harder to
convict him for our Arayos than for theirs!
(h) Answer #2 (R. Yochanan): This teaches about a Mekudeshes
Na'arah, which does not apply to them (therefore, he is
stoned, according to our law).
(i) Question (Beraisa): If a Nochri had relations with a
Mekudeshes Na'arah, he is stoned; if he had relations
with a married woman (Nesu'ah), he is choked.
1. Since Nesu'ah applies to Nochrim, he should receive
his usual death, beheading!
(j) Answer #1 (Rav Nachman bar Yitzchak): When the Beraisa
discusses a married woman, it refers to a woman that had
Chupah but did not yet have relations with her husband;
1. Since this does not apply to Nochrim, he receives
the law of Yisrael, choking.
(k) Support (for R. Yochanan - Beraisa - R. Meir): A Nochri
is only commanded about Arayos that a Yisrael is killed
2. (R. Chanina): Be'ulas Ba'al (a Nochris who had
relations with her husband) applies to Nochrim, a
Nochris who had Chupah but did not yet have
relations with her husband is still considered
(l) Chachamim say, he is commanded about many Arayos (Gra's
text - an Ervah) that Yisraelim are not killed for;
1. If he had relations with Arayos of (i.e. only apply
to) Yisrael, he is judged by laws of Yisrael; if he
had relations with Arayos of Nochrim, he is judged
by laws of Nochrim.
2. The only case (of Arayos of Yisrael) is a Mekudeshes
3. Question: Why doesn't it also list a woman who had
Chupah but did not yet have relations with her
4. Answer: The Tana holds like Tana d'vei Menasheh, who
says that a Ben No'ach is always choked - it makes
no difference whether he is judged by our law or