ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Sanhedrin 81
SANHEDRIN 81 - Sponsored in honor of the 40th anniversary of David and
Zahava Rubner; may they continue together with Bracha and Hatzlacha 'til 120
and always have much Nachat from their children! Warm Mazel Tov wishes from
Eli & Jeri Turkel and David & Gerti Kornfeld.
(a) Our Mishnah rules that someone who is Chayav two Miysos - receives the
stricter of the two.
(b) According to the Tana Kama, the same applies to someone who transgressed
a sin which carries two death-sentences. Rebbi Yossi says 'Nidon be'Zikah
ha'Rishonah she'Ba'ah Alav'.
(c) An example of a sin for which one is Chayav two death-sentences is -
incest with a mother-in-law who is also a married woman.
(d) The Mishnah's first ruling is not so obvious says Rava, because it is
speaking in a case when the sinner had already been sentenced to death for
the lesser sin when he committed the more severe one, and one might have
thought that it is as if a dead man committed a sin.
(a) Rabah bar Nasan cited the source of our Mishnah's first ruling (that
someone who is Chayav two Miysos receives the more stringent death) to Rav
Yosef's brother as the Pasuk in Yechezkel "ve'Holid ben Paritz Shofech Dam
... ". When the Pasuk writes ...
1. ... "ben Paritz Shofech Dam" - it is referring to Hereg (Sayaf).
(b) He proved it from the conclusion of the Pasuk "Mos Yumas Damav Bo" -
since "Damav Bo" always means Sekilah, as we have already learned.
2. ... "ve'es Eishes Re'ehu Timei" - ... Chenek.
3. ... "ve'el Gilulim Nasa Einav" - ... Sekilah.
(c) Rav Nachman bar Yitzchak queried the proof. Perhaps he asked, all three
cases are referring to Chayvei Sekilah, which would be possible if - "ben
Paritz Shofech Dam" referred to a ben Sorer u'Moreh, and "ve'es Eishes
Re'eihu Timei" to a Na'arah ha'Me'urasah?
(d) We refute ...
1. ...Rav Nachman bar Yitzchak's suggestion on the grounds - that if that
were so, Yechezkel would not be teaching us anything.
2. ... the suggestion that perhaps Yechezkel was merely repeating some of
the Torah's principle Dinim - because then he ought to have taken his cue
from Moshe Rabeinu in Mishneh Torah (Seifer Devarim), and used the same
Lashon as him.
(a) Yechezkel goes on to describe the antitheses of the above sinners,
concluding with the words 'Tzadik Hu Chayoh Yichyeh". Rav Acha b'Rebbi
Chanina explains the Navi's opening words "el he'Harim Lo Achal" to mean -
that he is a Chasid, and as such, he doesn't need to come on to the merits
of the Avos (who are often described as "Harim").
(b) He defines "ve'Einav Lo Nasa el Gilulei Beis Yisrael" to mean that he
did not walk 'proud and tall' (a mark of conceit), and ...
1. ... "ve'es Eishes Re'ehu Lo Timei" - as someone who does not encroach on
the trade or business of his fellow-Jew (even when his own business is
suffering and desperately needs a boost).
(c) Raban Gamliel wept when he arrived at this Pasuk - because he understood
that ''Tzadik Hu Chayoh Yichyeh" only pertains to someone who keeps all of
2. ... "ve'el Ishah Nidah Lo Karav" - as a poor man who does not benefit
from Tzedakah funds.
(d) Rebbi Akiva quoted the Pasuk "Al Titam'u be'Chol Eileh" (which is
certainly a prohibition on each of the Arayos, and not just on all of them
together) - proving that in lists such as these, the Torah refers to each
case individually, rather than to all of them collectively.
(a) Rebbi Yossi bases his statement 'Nidon be'Zikah ha'Rishonah she'Ba'ah
Alav' on the principle - 'Ein Isur Chal al Isur (va'Afilu Isur Chamur al
(b) The case of ...
1. ... 'Chamoso ve'Na'asis Eishes Ish' is - when Reuven marries the daughter
of Sarah, who is a widow at the time, but who subsequently remarries. Should
he then have relations with her, he will receive Sereifah.
(c) Rebbi Yossi concedes that someone who committed two sins receives two
punishments, if the second sin is an Isur Mosif. 'Chamoso ve'Na'asis Eishes
Ish' is an Isur Mosif - because as long as Sarah was not married she was
only forbidden to Reuven alone; whereas the moment she married, she became
Asur to all other men too.
2. ... 'Eishes Ish ve'Na'asis Chamoso is - when Sarah is married at the time
that Reuven marries her daughter, in which case, they will receive Chenek.
(d) When Rav Ada bar Ahavah asked Rava why Rebbi Yossi then says 'Nidon
ba'Chamoso', and not 'Nidon Af ba'Chamoso' (inasmuch as he would then need
to bring two Chata'os, were he to transgress be'Shogeg), he replied - that a
person can only die once (seeing as our Mishnah is talking about Meizid, and
not Shogeg, in which case there would have been no point in saying 'Nidon Af
(a) Our Mishnah rules - that if someone who received Malkos for sins that he
transgressed on two occasions, sins a third time, he is placed in a Kipah (a
small room) and fed barley until his stomach splits.
(b) To explain how Beis-Din put someone to death when he has only
transgressed Chayvei La'avin, Rebbi Yirmiyah Amar Resh Lakish establishes
our Mishnah when he actually transgressed Chayvei Kares (for which he
receives Malkos when there are witnesses), and the reason for this Halachah
(c) ... because the sinner makes himself Hefker to sins which render him
liable to be killed (bi'Yedei Shamayim).
(d) Rebbi Ya'akov qualified this ruling still further to Rebbi Yirmiyah bar
Tachlifa, by confining it to where the sinner transgressed the same La'av th
ree times, but not if he transgressed three different La'avin, where he is
merely tasting the different tastes of sin.
(a) We establish our Mishnah ('Mi she'Lakah ve'Shanah ... ') not like Raban
Shimon ben Gamliel, who rules that a woman who lost two husbands is not
called a 'Katlanis' (a woman who kills her husbands, and who may not marry
again) until after her third husband dies (in other words, a Chazakah only
occurs after the third time, and not after the second, like Rebbi).
(b) Ravina reconciles Raban Shimon ben Gamliel with our Mishnah however - by
establishing the Chazakah after the sins (and not after the punishments).
(a) According to the Tana Kama in a Beraisa, the third time a person
transgresses a sin which carries with it Malkos, Beis-Din place him in a
Kipah. Aba Shaul says - after the third time, he still receives Malkos, and
it is only after the fourth time that he is placed in a Kipah.
(b) We initially assume the reason of the Tana Kama to be - because he holds
like Rebbi (and Aba Shaul like Raban Shimon ben Gamliel ...
(c) ... a Kashya on Ravina, who holds that the sinner is placed in the Kipah
after the third time even according to Raban Shimon ben Gamliel.
(d) To reconcile him with the Beraisa, we establish both Tana'im like Raban
Shimon ben Gamliel, and they argue over whether it is the sins which create
the Chazakah (the Tana Kama), or the Malkiyos (Aba Shaul). Ravina
incidentally, established our Mishnah like the Tana Kama.
(a) Before a sinner can actually receive Malkos, he must respond to a
warning by positively rejecting it (by saying that he doesn't care) before
(b) The Tana Kama in another Beraisa, in a case where a person sinned twice
after being warned, but where he responded to each warning with silence or
with nodding his head rules that when he sins the third time, rules - that
he is placed in a Kipah ...
(c) ... according to Aba Shaul - only after the fourth time.
(d) In spite of the fact that there were no Malkiyos - Aba Shaul sentences
the sinner to Kipah only after the fourth time (not because he goes after
the Malkiyos, like we initially thought, but) - because in his opinion, also
the Kipah requires a prior warning; whereas the Tana Kama holds that it does
(a) Rav Yehudah describes 'Kipah' as - a room only his own height, but no
(b) The real source of Kipah is - 'Halachah le'Moshe mi'Sinai'.
(c) Resh Lakish extrapolates from the Pasuk "Temoses Rasha Ra'ah" - that
sometimes, the mere fact that a person is Muchzak to be a Rasha, causes his
death (even though he is not really Chayav Miysah at the hand of Beis-Din),
a hint for the Din of Kipah.
(d) He also explains the Pasuk in Koheles "Ki Gam Lo Yeida ha'Adam es Ito,
ke'Dagim she'Ne'echazim bi'Metzudah Ra'ah" as 'Chakeh', a hook with which
one catches fish - which, unlike a net, which is large, and which the fish
in initially able to avoid, is very tiny and catches the it by surprise.
Here too, the sinner is caught by surprise and put to death, before his time
(a Chayav Kareis could otherwise live until fifty). See also Agados
1. 'Gonev es ha'Sisvah' means - someone who steals a K'li Shares (one of the
holy vessels used for the service in the Beis-Hamikdash).
(b) What these have in common with someone who has relations with a Nochris
is - that all of them are subject to 'Kana'in Pog'in Bo' (a zealous person
may kill them).
2. 'Mekalel be'Kosem' - means someone who curses, using the term 'Kosem' (a
magician), as will be explained shortly.
(c) If the young Kohanim catch a fellow-Kohen serving in the Beis-Hamikdash
when he is Tamei - they take him outside and smash in his brains with wooden
(d) According to Rebbi Akiva, a Zar (a non-Kohen) who serves in the
Beis-Hamikdash receives Chenek; the Chachamim say - Miysah bi'Yedei
(a) Rav Yehudah - uses the Pasuk "ve'es Kesos ha'Nasech" - to identify the
'Kisvah' in our Mishnah.
(b) The Pasuk "ve'Lo Yavo'u Lir'os ke'Vala es ha'Kodesh va'Meisu" hints at
the Din in our Mishnah 'ha'Gonev es ha'Kisva' - by virtue of the fact that
"ke'Vala" has connotations of stealing (based on the fact that thieves tend
to hide what they steal).
(c) The Pasuk is really talking about - the prohibition of the Levi'im
coming to watch Aharon and his sons covering the Aron and the Mizbechos
(a) There is a Machlokes how to explain 'ha'Mekalel be'Kosem'. When the Tana
of the Beraisa quoted by Rav Yosef explains 'Yakeh Kosem es Kosmo', he
means - that someone curses Hashem by declaring that the magician, whom
Hashem gave the power to practice his magic, should curse Hashem.
(b) And when the Rabbanan or Rabah bar Mari explain 'Yakeihu Kosem Lo
u'le'Kono u'le'Makno', they mean - that he should curse his fellow-Jew as
well as Hashem, who acquires the world and who graces His creatures with his