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Sanhedrin 87

SANHEDRIN 87 - has been dedicated to the memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, as his Yahrzeit (5 Teves) approaches, by his children Eddie and Lawrence, and his wife Jean Turkel/Rafalowicz.


(a) (Gemara - Beraisa): "Ki Yipalei..." - the verse discusses Mufla (someone qualified to be part) of Beis Din;
(b) "Mimcha" - this refers to (an argument about Ibur Shanah, which is called) counsel;
1. We learn from "Mimcha Yatza...Yo'etz Bli'ya'al".
(c) "Davar" - this refers to a (dispute about a) Halachah (a tradition from Moshe from Sinai);
(d) "La'Mishpat" - this refers to things learned from Gezerah Shavah;
(e) "Bein Dam l'Dam" - this refers to blood of Nidah, birth or Zivah;
(f) "Bein Din l'Din" - this refers to capital and monetary cases and cases of lashes;
(g) "Bein Nega l'Nega" - this refers to Tzara'as of people, houses or garments;
(h) "Divrei" - these are laws of Cherem, Erchin and Hekdesh;
(i) "Rivos" - making a Sotah drink, Eglah Arufah (beheading a calf), and Taharah of a Metzora;
(j) "Bi'Sh'arecha" - Leket, Shichchah and Pei'ah;
(k) "V'Kamta v'Alisa" - this teaches that the Beis ha'Mikdash is the highest place in Eretz Yisrael;
1. Eretz Yisrael is the highest of all lands.
(l) "El ha'Makom" - the Parshah only applies if they go to the Great Sanhedrin in Lishkas ha'Gazis.
(m) Question: We understand how "V'Kamta v'Alisa" teaches that the Beis ha'Mikdash is the highest place in Eretz Yisrael (wherever the Chacham and his Beis Din are, they ascends to the Mikdash);
1. What is the source that Eretz Yisrael is the highest of all lands?
(n) Answer: "...Hash-m Asher He'elah...Beis Yisrael...umi'Kol ha'Aratzos Asher Hidachtim Sham (He will bring us *up* to Eretz Yisrael)".
(o) (Beraisa - R. Meir): Zaken Mamrei is only liable for (ruling about) something punishable by Kares (if Mezid) and Chatas (if Shogeg);
(p) R. Yehudah says, he is (also) liable for a law whose source is in the Torah, but the explanation is through Chachamim;
(q) R. Shimon says, he is liable for a law which is (not explicit in the Torah at all, it is only) deduced by Chachamim.
(a) Question: What is R. Meir's reason?
(b) Answer: He learns a Gezerah Shavah "Davar-Davar":
1. It says here "Ki Yipalei Mimcha Davar", it says (regarding Par He'elam Davar) "V'Nelam Davar me'Einei ha'Kahal"; just as there it refers to transgressions of Kares and Chatas, also here.
(c) R. Yehudah learns from "Al Pi ha'Torah Asher Yorucha" - a law pertaining to (written) Torah *and* Hora'ah (of Chachamim);
(d) R. Shimon learns from "Asher Yagidu Lecha Min ha'Makom ha'Hu" - even Kol d'Hu (any law).
(e) Rav Huna bar Chinena: Explain to me how the Beraisa can be R. Meir (that everything mentioned (Ibur Shanah, tradition from Moshe from Sinai, Gezerah Shavah...) is punishable by Kares and Chatas.
(f) Rav Papa: Regarding Ibur Shanah, the Chacham and the Sanhedrin argue about when we may Me'aber the year:
1. (Mishnah): R. Yehoshua and R. Papyus testified that we may Me'aber the year (before or) anytime during Adar;
i. Chachamim used to say, it is permitted only until Purim.
2. If Ibur Shanah was declared after Purim, they argue about when Pesach is, this pertains to Kares and Chatas (if one eats Chametz during the true Pesach).
(g) They argue about a tradition from Moshe from Sinai regarding Dam Zivah:
1. (R. Yochanan): If a woman sees blood on the 10th day (of the 11 days of Zivah following Nidah), this is like seeing on the ninth (then she must Shomer (refrain from relations on) the next day, for she can become a full Zavah if she sees on the next two days - also when she sees on the 10th, she can become a Zavah Ketanah if she will see on day 11);
2. (Reish Lakish): Seeing on the 10th day is like seeing on the 11th (when she need not Shomer the next day, for any future blood is not Dam Zivah, rather Dam Nidah. Even though when she sees on the 10th she could become a Zavah Ketanah, a Halachah from Sinai teaches that Shimur does not apply.)
(h) They argue about the Gezerah Shavah teaching that a man is forbidden to a daughter born out of wedlock.

1. (Rava): We learn from Gezeros Shavah "Henah-Henah" and "Zimah-Zimah".
(i) They argue about blood of Nidah as the following Tana'im do:
1. (Mishnah - Akavya ben Mahalal'el): Green blood is (makes a woman) Tamei; Chachamim Metaher.
(j) They argue about blood of childbirth as Rav and Levi do:
1. (Rav): The Tamei blood of (the first one or two weeks, for a boy or girl) after birth comes from the same source as Dam Tohar (for the next 33 or 66 days; the Torah decrees when it is Tamei, and when it is Tahor).
2. (Levi): The Tamei blood and Dam Tohar come from different sources.
3. (They argue about a woman who experienced bleeding at the end of the period of Dam Tamei, and continued bleeding into the period of Dam Tohar, or vice-versa. Levi says that (only in such a case we assume that) the new blood comes from the same source as the previous blood, so it has the same status; Rav say that (even though all blood comes from the same source) the Torah changes its status according to the number of days after birth.)
(k) They argue about blood of Zivah as R. Eliezer and R. Yehoshua do:
1. (Mishnah - R. Eliezer): If a woman saw Dam Zivah three consecutive days amidst Koshi (labor pains) and ceased Koshi for 24 consecutive hours before giving birth, (we do not attribute the blood to the birth) she is Yoledes b'Zov (a Zavah who gave birth);
2. R. Yehoshua says, this is only if she ceased Koshi for a Halachic day (a night followed by the day, like Shabbos).
i. She must cease from pain, it does not matter whether or not she ceased seeing blood.
(l) They argue about capital cases as Shmuel and R. Avahu do:
1. (Shmuel): If two judged a monetary case, the verdict stands, just it is called an impudent Beis Din.
2. (R. Avahu): All agree that this is not a judgment.
(m) They argue about monetary cases as Rebbi and Chachamim do:
1. (Beraisa - Rebbi): "V'Nasata Nefesh Tachas Nafesh" - this refers to money.
2. Suggestion: Perhaps it refers to capital punishment (as Chachamim hold)!
3. Rejection: It says 'Nesinah' here, and also regarding compensation for causing a miscarriage;
i. Just as the latter refers to money, also here.
(n) They argue about lashes as R. Yishmael and Chachamim do:
1. (Mishnah): Cases of lashes require three judges;
2. R. Yishmael says, they require 23.
(o) Regarding Tzara'as of people, they argue as R. Yehoshua and Chachamim do:
1. If Baheres (a white appearance on the skin) preceded the white hair, he is (absolutely) Tamei; if the white hair came first, he is Tahor (i.e. only quarantined);
2. If we are in doubt which came first, he is Tamei;
3. R. Yehoshua says, Kehah.
4. Question: What does this mean?
5. Answer (Rabah): It is as if the Tzara'as became weaker, he is Tahor.
(p) Regarding Tzara'as of houses, they argue as R. Elazar bar Shimon and Chachamim do:
1. (Mishnah - R. Elazar b'Rebbi Shimon): A Bayis ha'Menuga must have appearances (of Tzara'as) the size of a Gris on each of two stones that touch in the corner (and the appearances touch each other).
2. Question: What is his reason?
3. Answer: It says "Kir" - it also says "Kiros";
i. A wall that is like two walls is the corner.
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