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1) STONING BY BEIS DIN (cont.)

(a) The Torah must write "Even" and "Avanim".

1. If it only said "Even", one might have thought that whether or not he died from one rock (Tosfos - and it was lost), we do not bring more to kill him;
2. If it only said "Avanim", one might have thought that we bring two to begin with.

(b) Question: The Tana learned from a Gezerah Shavah from Par He'elam Davar - why does Rav Papa learn from different verses?
(c) Answer: The Tana means, had it not said the verses from which Rav Papa learns, we would have learned from the Gezerah Shavah;

1. Since it says the other verses, we do not need the Gezerah Shavah.

(d) Answer #3 (to Question 3:h, 42b - Rav Ashi): Moshe was in Machane Levi, and Hash-m told him "Hotzei Es ha'Mekalel" - outside of Machane Levi;

1. "*El* mi'Chutz la'Machaneh" - outside of Machane Yisrael.
2. "Va'Yotzi'u Es ha'Mekalel..." teaches that Yisrael did as they were commanded!
3. Question: "U'Vnei Yisrael Asu" already teaches this!
4. Answer: One verse teaches Semichah (the witnesses put their hands on his head), [the other teaches - our text; Rashi - and] pushing him off a platform.

(e) Question: What does Rav Ashi learn from the verses of Par He'elam Davar?
(f) This is left difficult.

(a) (Mishnah): Ploni stands (at the door of Beis Din, holding a flag...)
(b) (Rav Huna): It is obvious to me that the Tzibur pays for the following: the boulder for stoning, the beam for hanging, the sword, and the garment for choking.
(c) Question: What is the reason?
(d) Answer: We do not tell someone to pay for his own death.
(e) Question #1 (Rav Huna): Who pays for the flag and the horse (to call him back if someone finds Zechus)?

1. Since they are for his benefit, he pays for them;
2. Or, since Beis Din is commanded to have them, they must pay for them?

(f) Question #2: R. Chiya bar Rav Ashi taught, before killing someone, we give him a cup of wine with frankincense inside (to befuddle him) - "Tenu Shechar l'Oved v'Yayin l'Marei Nafesh"

1. (Beraisa): Important women of Yerushalayim would donate this.
2. If they did not donate it, who pays for it?

(g) Answer: Presumably, the Tzibur should pay - "Tenu Shechar..."
(h) Question (Rav Acha bar Huna): If one of the Talmidim said that he has a reason for Zechus and then he went mute, what is the law?

1. Objection (Rav Sheshes): Why not say, perhaps someone anywhere in the world has a reason for Zechus but went mute? (If we would be concerned for this, we could never kill anyone)!
2. Answer: This is different, the Talmid said that he has a reason.

(i) Answer: R. Yosi b'Rebbi Chanina taught, if a Talmid was Mezakeh (gave a reason for Zechus, after which he is counted among the judges) and died, we consider that he is still Mezakeh.

1. Inference: This is only if he was Mezakeh, not if his reason was rejected.

(j) Rejection: This does not answer the case when we never heard his reason (the question is not resolved).
(k) (Mishnah): Even if the defendant himself gives a reason for Zechus, we return him to Beis Din, even four or five times, on condition that it is a proper reason. (l) Inference: Even the first two times, we return him only if he gave a proper reason.
(m) Contradiction (Beraisa): The first two times we return him whether or not he gave a proper reason; after this, we only return for a proper reason.
(n) Answer (Rav Papa): The Mishnah discusses after the first two times.
(o) Question: How do the people taking him know whether or not his reason is proper (they are not necessarily Chachamim)?
(p) Answer (Abaye): We send two Chachamim with him to discern if his reason is proper.
(q) Question: We should send Chachamim with him from the beginning, and only return if his reason is proper!
(r) Answer: Perhaps because he is afraid, he cannot express himself properly.

(a) (Mishnah): If they find Zechus for him, they exempt him immediately; if not, he is taken to be stoned, they announce in front of him 'Reuven is being taken to be killed for this transgression, Ploni and Almoni are the witnesses; if anyone knows Zechus, come and give it'!
(b) (Gemara - Abaye): They must announce the time and place he transgressed, so if anyone was with the witnesses at the time, they will come to Mezim them.
(c) (Mishnah): They announce in front of him...
(d) Inference: They only announce when he is being taken to be executed, not before.
(e) (There is a discussion which was censored from the text; we omit it.)

(f) (R. Yehoshua ben Levi): Anyone who slaughters his evil inclination (repents after having succumbed) and confesses, the Torah considers it as if he honored Hash-m in two worlds, this world and the next - "Zove'ach Todah Yechabdaneni" (the letter 'Nun' is doubled).
(g) (R. Yehoshua ben Levi): One who would bring a Korban in the Mikdash was only credited for that Korban; but one who has a broken spirit, the Torah considers it as if he brought all the Korbanos - "Lev Nishbar v'Nidkeh Elokim Lo Tivzeh".

(a) (Mishnah): When he was 10 Amos from Beis ha'Skilah, they would tell him to confess;

1. Everyone killed by Beis Din confesses, for everyone who confesses has a share in the world to come.
2. We find that Yehoshua told Achan "Beni Sim Na Chavod...v'Sen Lo Sodah", and he confessed.
3. Question: How do we know that this atoned for him?
4. Answer: "Yakorcha Hash-m ba'Yom ha'Zeh" - today you are sullied, but not in the world to come.

(b) If he does not know how to confess, we tell him to say 'This should atone for all my sins.''
(c) R. Yehudah says, if he knows that he was framed, he says 'This should atone for all my sins *except for* this that I am being killed for (I am innocent, I need no atonement for it)'.
(d) Chachamim: If so, everyone will say this to clear himself!

(a) (Gemara - Beraisa): "Na" is a language of request;

1. When Hash-m told Yehoshua "Chata Yisrael", Yehoshua asked who had sinned.
2. Hash-m: I am not a talebearer! Cast lots.
3. The lot fell on Achan; he protested: 'If I would cast a lot on you and the Kohen Gadol, it would fall on one of you, it would not prove that one of you is guilty (likewise, I am innocent)!'
4. Yehoshua: Do not slander the lottery, for it will be used to divide Eretz Yisrael - "Ach b'Goral Yechalek Es ha'Aretz".

(b) (Ravina): "Sen (Lo) Sodah" - Yehoshua bribed him - he said that he would not be killed if he confessed.
(c) (Rav Asi): "Chatasi...vecha'Zos vecha'Zos Asisi" - three times Achan took things forbidden by Cherem, twice in Moshe's time, once in Yehoshua's time.
(d) (R. Yochanan): He transgressed four times in Moshe's time, once in Yehoshua's time (we expound the 'Vov' in each '*Ve*cha'Zos' ).
(e) Question: Why weren't Yisrael punished for his previous transgressions?
(f) Answer (R. Yochanan): We were not punished for hidden transgressions (of others) until we crossed the Yarden.

1. Tana'im argue about this.
2. (Beraisa - R. Yehudah): "Ha'Nistaros La'Sh-m Elokeinu veha'Niglos Lanu ul'Vaneinu Ad Olam" - there are dots over "Lanu ul'Vaneinu" and the 'Ayin' of "Ad" to teach that we were not punished for hidden transgressions until we crossed the Yarden.
3. R. Nechemyah: We are never punished for hidden things - it says "Ad Olam"!

i. Rather, just as we were not punished for hidden things before crossing the Yarden, we were not punished for open transgressions (of others) until we crossed.

4. Question: Why were we punished for Achan's transgression?
5. Answer: His wife and children knew about it (this is considered open).