POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
SANHEDRIN 2 - The opening Daf of Sanhedrin has been dedicated by Yair
Trebitsch of Brooklyn, NY.
1) HOW MANY JUDGES ARE NEEDED
(a) (Mishnah - R. Meir): Monetary cases require three judges;
cases of theft, wounds (hitting someone), damage,
half-damage, double payment (of a thief), payment of four
or five (of a thief that slaughtered or sold) require
2) THINGS THAT REQUIRE 71 JUDGES
(b) Cases of rape, enticement, and Motzi Shem Ra require
(c) Chachamim say, 23 are needed for Motzi Shem Ra, for
sometimes it is a capital case.
(d) Cases of lashes require three;
(e) R. Yishmael says, they require 23.
(f) R. Meir says, three judges are needed for Ibur Chodesh or
Ibur Shanah (to add a day to the month (or to add a month
to the year);
(g) R. Shimon ben Gamliel says, we begin Ibur Shanah with
three, we deliberate with five, and the verdict is with
1. If three judges gave a verdict to make an Ibur
Shanah, it is Me'uberes.
(h) R. Shimon says, three judges are needed for Semichah
(leaning on a Korban for a mistake of the Sanhedrin;
alternatively, ordination) of judges and for the Eglah
Arufah (beheaded calf);
(i) R. Yehudah says, five are needed.
(j) Three judges are needed for Chalitzah, Mi'un, redemption
of Ma'aser Sheni or Neta Revai whose value is not known,
or of Hekdesh, and Erchin ha'Metaltelim (this will be
(k) R. Yehudah says, one of them must be a Kohen;
(l) Redemption of land or a person needs nine people and a
(m) Capital cases require 23 judges;
(n) If an animal slept with a man or woman, 23 judges are
needed - "V'Haragta Es ha'Ishah v'Es ha'Behemah (if it
slept with a woman), "V'Es ha'Behemah Taharogu (if it
slept with a man)";
1. An animal that is stoned (for killing a Yisrael)
requires 23 judges - "Ha'Shor Yisakel v'Gam Be'alav
Yumas" - the animal is killed like its owner (would
be killed if he was Chayav Misah).
(o) Twenty-three judges are needed to kill a wolf, lion,
bear, leopard, Bardelas (panther?), or snake;
(p) R. Eliezer says, anyone who kills one of these (without
Beis Din) did a Mitzvah;
(q) R. Akiva says, 23 judges are needed.
(a) Seventy-one judges are needed to judge a Shevet (tribe)
(this will be explained), a false prophet, or a Kohen
(b) Seventy-one judges are needed to decide to go to an
(c) Seventy-one judges are needed to add to Yerushalayim or
the Azaros (of the Mikdash);
(d) Seventy-one judges are needed to establish a Sanhedrin
for a Shevet;
(e) Seventy-one judges are needed to make an Ir ha'Nidachas
(a city destroyed because its majority served idolatry)
1. We do not make an Ir ha'Nidachas near the border of
Eretz Yisrael, we do not make three of them (even
not near the border), but we may make one or two.
(f) The Great Sanhedrin has 71 judges, a small Sanhedrin has
1. We learn (about a Great Sanhedrin) from "Esfah Li
Shiv'im Ish", and Moshe was the head;
2. R. Yehudah says, there are only 70.
3. We learn about a small Sanhedrin from "V'Shofetu
ha'Edah...V'Hitzilu ha'Edah" - there is an Edah
(congregation) Mechayev (incriminating), and an Edah
i. Question: How do we know that an Edah is (at
4. Question: This only teaches 20 judges, how do we
learn another three?
ii. Answer: "La'Edah ha'Ra'ah ha'Zos" - this refers
to the 10 Meraglim other than Yehoshua and
5. Answer: "Lo Siheyeh Acharei Rabim Lera'os" - but you
may following a majority to acquit;
i. Question: What do we learn from "Acharei Rabim
ii. Answer: We follow a majority to be Mechayev
(convict), but it is different from the
majority to be Mezakeh (acquit): a majority of
one (more judge who is Mezakeh than are
Mechayev) suffices to be Mezakeh, we need a
majority of two (more judges who are Mechayev
than are Mezakeh) to be Mechayev.
3) ADMISSIONS AND LOANS
(g) Question: How many people must there be in a city for it
to be fitting to have a Sanhedrin?
iii. (In order to be Mechayev against an Edah that
is Mezakeh, the Edah that is Mechayev must have
12 judges;) we do not make a Beis Din with an
even number of judges, therefore, 23 are
(h) Answer #1: One hundred and twenty.
(i) Answer #2 (R. Nechemyah): Two hundred and thirty,
corresponding to judges of 10 (i.e. each judge on the
Sanhedrin could be a judge over 10 people of the city).
(a) (Gemara) Question: Cases of theft or wounds are monetary
cases (why are they listed separately?)!
(b) Answer #1 (R. Avahu (another answer will be given on Daf
3A)): The Mishnah teaches monetary cases, then gives
examples: theft, wounds...
1. It omits cases of admissions and loans (witnesses
say that they saw Reuven admit that he owes Shimon,
or they saw Shimon lend to Reuven).
(c) The Mishnah had to teach monetary cases, and also theft
1. If it only said monetary cases, one might have
thought, this includes admissions and loans;
therefore, it had to teach theft and wounds, to
exclude admissions and loans;
(d) Question: It teaches monetary cases, and gives theft and
wounds for examples - why were admissions and loans
2. If it only said theft and wounds, one might have
thought that the same applies to admissions and
loans, and the Tana taught theft and wounds because
that is where the Torah taught about three judges.
i. Regarding (a watchman suspected of) theft it
says "V'Nikrav ...*El ha'Elohim*" (this means
Mumchim (expert judges), and it is written
three times in the Parshah).
ii. Reasoning teaches that wounds are like theft -
striking a person is like striking his money.
1. Suggestion: Admissions and loans do not require
(e) Answer: They were omitted because admissions and loans do
not require Mumchim.
2. Rejection: R. Avahu taught, all agree that if two
judged a monetary case, this is not a judgment!
(f) Question: Does R. Avahu say that Eiruv Parshiyos (words
in a Parshah teach about a different Parshah) applies
1. If it does (i.e. "Ki Hu Zeh,,,ha'Elohim" written
here really applies to loans), we should require
Mumchim also for admissions and loans!
(g) Answer: Really, Eiruv Parshiyos applies here; we do not
require Mumchim on account of R. Chanina's reasoning.
2. If Eiruv Parshiyos does not apply here, admissions
and loans should not require three judges!
1. (R. Chanina): Mid'Oraisa, interrogation of witnesses
is needed for monetary cases as well as capital
cases - "Mishpat Echad Yihyeh Lachem;
(h) Objection: By allowing amateur judges, if they err, they
are exempt - all the more so, this will discourage loans!
i. It is an enactment not to interrogate witnesses
in monetary cases, lest this discourage loans
(people would be afraid to lend, lest the
witnesses will err and be disqualified.
Similarly, if Mumchim are required, it will be
hard for lenders to collect, this will