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 43
1) STONING BY BEIS DIN (cont.)
(a) The Torah must write "Even" and "Avanim".
2) CALLING BACK THE DEFENDANT
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;
(b) Question: The Tana learned from a Gezerah Shavah from Par
He'elam Davar - why does Rav Papa learn from different
2. If it only said "Avanim", one might have thought
that we bring two to begin with.
(c) Answer: The Tana means, had it not said the verses from
which Rav Papa learns, we would have learned from the
1. Since it says the other verses, we do not need the
(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
(e) Question: What does Rav Ashi learn from the verses of Par
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.
(f) This is left difficult.
(a) (Mishnah): Ploni stands (at the door of Beis Din, holding
3) ANNOUNCING THE EXECUTION
(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;
(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
2. Or, since Beis Din is commanded to have them, they
must pay for them?
1. (Beraisa): Important women of Yerushalayim would
(g) Answer: Presumably, the Tzibur should pay - "Tenu
2. If they did not donate it, who pays for it?
(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)!
(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.
2. Answer: This is different, the Talmid said that he
has a reason.
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
(o) Question: How do the people taking him know whether or
not his reason is proper (they are not necessarily
(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
(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).
4) CONFESSION BEFORE EXECUTION
(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
(a) (Mishnah): When he was 10 Amos from Beis ha'Skilah, they
would tell him to confess;
5) ACHAN'S CONFESSION
1. Everyone killed by Beis Din confesses, for everyone
who confesses has a share 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.''
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.
(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
(d) Chachamim: If so, everyone will say this to clear
(a) (Gemara - Beraisa): "Na" is a language of request;
1. When Hash-m told Yehoshua "Chata Yisrael", Yehoshua
asked who had sinned.
(b) (Ravina): "Sen (Lo) Sodah" - Yehoshua bribed him - he
said that he would not be killed if he confessed.
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
(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
(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
5. Answer: His wife and children knew about it (this is