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 46
2) WHO IS HANGED? (Cont.)
(a) Question: About what do they argue?
3) JUDGING DIFFERENT CAPITAL CASES IN ONE DAY
(b) Answer: Chachamim expound according to Klal u'Prat
(generalities and specifics), R. Eliezer expounds Ribuy
and Mi'ut (inclusions and exclusions):
1. Chachamim expound "V'Humas v'Salisa" - this is a
Klal; "Ki Kilelas Elokim Taluy" - Prat;
(c) (Mishnah): We hang a man...
2. If they would be adjacent to each other, we would
only include the Prat;
i. Since they are far apart, this comes to include
idolatry, which resembles it in all respects.
3. R. Eliezer expounds Ribuy and Mi'ut - "V'Humas
v'Salisa" is a Ribuy, "Ki Kilelas Elokim Taluy" is a
4. If they would be adjacent to each other, we would
only include idolatry, which resembles it in all
i. Since they are far apart, this comes to include
everyone that is stoned.
(d) Question: What is Chachamim's reason?
(e) Answer #1: "V'Salisa Oso" - not her.
(f) Objection: R. Eliezer expounds, "Oso" - without his
1. Chachamim should also expound that way!
(g) Answer #2: Indeed, they do; rather, they learn from
"V'Chi Yihyeh b'Ish Chet" - not in a woman.
(h) Question: How does R. Eliezer expound this?
(i) Answer #1 (Reish Lakish): This excludes a Ben Sorer
u'Moreh (he is a not a proper Ish (i.e. adult), so he is
(j) Objection (Beraisa - R. Eliezer): A Ben Sorer u'Moreh is
stoned and hung.
(k) Answer #2 (Rav Nachman bar Yitzchak): R. Eliezer uses it
to include a Ben Sorer u'Moreh.
(l) Question: How does he learn this?
(m) Answer: It says "V'Chi Yihyeh b'Ish Chet" - (a proper
man) not a Ben; "Chet" - this also excludes a Ben Sorer
u'Moreh, he is not killed for his sin, rather, because of
his future (if he would live, he would sin much more);
1. Two exclusions, one after the other, always come to
(a) (Mishnah - R. Eliezer): But Shimon ben Shetach hung women
4) HOW WE HANG PEOPLE
(b) (Rav Chisda): Beis Din may not judge capital cases of
different death penalties (on one day), but it may judge
many similar cases.
(c) Objection: But in the episode with Shimon ben Shetach,
they all received the same Misah, yet Chachamim proved
that it was a special action not according to Halachah
from the law that we do not judge two capital cases in
(d) Correction (Rav Chisda): Beis Din may not judge two cases
which are *like* different death penalties...
1. Interjection: What does this mean?
(e) Continuation: ...but it may judge multiple cases of the
same transgression and the same Misah.
2. Answer: It means different transgressions.
(f) Question (Rav Ada bar Ahavah - Beraisa): Beis Din may not
judge two capital cases in one day, even an adulterer and
(g) Answer (Rav Chisda): That refers to a Bas Kohen and her
adulterer (or Zomemei Zomemeha, i.e. if lying witnesses
testified 'The witnesses who convicted her were with us
elsewhere at the time', and they were Huzmu) - she is
burned and he (or they) are choked, different Misos
cannot be judged the same day).
(h) (Beraisa - R. Eliezer ben Yakov): I heard that Beis Din
can lash or punish not according to Torah law;
1. They do not intend to change Torah law, rather, to
make a fence (to deter transgressors).
2. A case occurred in the days of the Yevanim, a man
rode on a horse on Shabbos, Beis Din killed him;
i. He was not fitting to be killed, but at the
time it was necessary to kill him (people were
disgracing the Mitzvos).
(a) (Mishnah): To hang someone, we insert a beam into the
ground, partly sticking out. We bring his hands together,
and hang him by them;
(b) R. Yosi says, we lean the beam against a wall and hang
him from it, as butchers hang meat.
(c) Immediately, we take him down; if not, we transgress "Lo
1. Since he is hung for blasphemy, everyone who sees
him is reminded of his act - this is Chilul Hash-m.
(d) R. Meir says, when a person is in pain the Shechinah
(Divine Presence) says 'My head hurts, my arms hurt'
(Kilelas is like Kal Leis, I (Hash-m) am not feeling
1. The Shechinah is pained at the death of Resha'im,
all the more so at the death of Tzadikim!
(e) Also, anyone who leaves his dead relative overnight
(unburied) transgresses a Lav;
1. If he left him for his honor, to bring a coffin or
shrouds, he does not transgress.
(f) Someone executed is not buried with his family;
1. Beis Din has two cemeteries, one for those killed by
the sword or choked, one for those stoned or burned.
(g) The relatives of someone executed greet the judges and
witnesses, to shows that they do not bear a grudge, they
believe that the sentence was correct.
2. After the flesh has decomposed (the deceased
received atonement), his bones are buried with his
(h) The relatives do not mourn (Aveilus), they conduct
Aninus, for this is not apparent to others.
5) THE MITZVAH OF BURYING THE DEAD
(i) (Gemara - Beraisa): If it said 'Chet v'Talisa', one would
have thought that we hang before killing, as kings do;
1. "V'Humas v'Salisa" teaches that we kill before
(j) (Beraisa): "Etz" - one might have thought, it can be
attached or detached - "Ki Kavor", we must be able to
bury it right away;
2. We delay the verdict until shortly before sundown,
we kill him and hang him (this way, we must bury him
immediately, we are not concerned that people will
tarry and come to forget).
3. One person ties him to the beam and (immediately)
one unties him, to fulfill the Mitzvah of hanging.
1. This excludes an attached tree, for it must be cut
before it can be buried.
(k) (Mishnah): Since he is hung for blasphemy...
2. R. Yosi says, it also excludes an inserted beam, for
it must be unearthed before it can be buried.
3. Chachamim say, unearthing it is insignificant, we
consider an inserted beam ready for immediate
(l) (Beraisa - R. Meir): A parable - there were twin
brothers, one was appointed king, the other was a bandit.
The king ordered to hang him; passersby thought that the
king was hanging - the king ordered to take him down (man
was created in Hash-m's likeness).
(m) (Mishnah - R. Meir): (When a person is in pain the
Shechinah says 'My head hurts...')
(n) Question: What is R. Meir's source for this?
(o) Answer #1 (Abaye): He expounds Kilelas like Kal Leis
(Hash-m's 'limbs' are not light).
(p) Objection (Rava): If so, the Mishnah should have said 'My
head is *heavy* upon me...'!
(q) Answer #2 (Rava): Hash-m says that the world is light to
me (an indirect way of saying that He 'feels heavy').
(r) Question: The verse teaches that a blasphemer is hung (it
is not free to be expounded)!
(s) Answer: If so, it should have said 'Mekalel'. (Since it
says "Kilelas", we also expound like Rava).
1. Question: Perhaps it only comes to teach like Rava!
2. Answer: If so, it should have said 'Kalas'. (Since
it says "Kilelas", it also teaches about a
(a) (Mishnah): Also, anyone who leaves his deceased overnight
transgresses a Lav;
6) THE REASON FOR BURIAL AND EULOGIES
(b) Version #1 (R. Yochanan): Anyone who leaves his deceased
overnight transgresses a Lav - "Ki Kavor Tikberenu" (the
double language comes to include any dead person).
(c) Version #2 (R. Yochanan): "Ki Kavor Tikberenu" - this
hints at the Mitzvah of burying the dead.
(d) Question (Shevor Malka): What is the source for the
Mitzvah of burying the dead?
(e) Rav Chama was silent.
(f) Question (Rav Acha bar Yakov): He should have said "Ki
(g) Answer: Rav Chama expounds that to teach that we put a
Mes in a coffin (it does not teach that we bury in the
(h) Question Rav Acha bar Yakov: He should have said
(i) Answer: Rav Chama does not expound the double language.
(j) Question: He should have said, since we find that great
Tzadikim were buried, surely it is a Mitzvah!
(k) Answer: Perhaps that is only a custom.
(l) Question: Hash-m buried Moshe, surely it is a Mitzvah!
(m) Answer: Perhaps He did not want to deviate from the
(n) Question: "V'Sofdu...(v'Kovru Oso)" (this was a reward to
(o) Answer: His reward was that he would not be different
(but it is only a custom, not a Mitzvah)..
(p) Question: "Lo Yisofdu v'Lo Yikaveru" - if it is a
punishment that Resha'im are not buried, surely Hash-m
approves of burial!
(q) Answer: It is a punishment not to conduct with them
according to custom.
(a) Question: What is the reason for burial - to avoid
disgrace (of a rotting corpse), or for atonement?
1. Question: What difference does it make?
(b) Answer #1: Tzadikim are buried - they do not need
2. Answer: If he asked (before he died) not to be
buried: if we are concerned for disgrace, we do not
comply; if it is for atonement, since he does not
want it, we honor his request.
(c) Rejection: They do - "Adam Ein Tzadik ba'Aretz...v'Lo
(d) Answer #2: "V'Sofdu (Aviyah)...v'Kovru Oso".
1. If it is for atonement, all of yrv's family should
have been buried!
(e) Rejection: Hash-m did not want them to get atonement,
they were Resha'im.
(f) Answer #3: "(The people of Anasos) Lo Yisofdu v'Lo
(g) Rejection: Hash-m did not want them to get atonement.
(h) Question: Is a eulogy to honor the dead or the living?
1. Question: What difference does it make?
(i) Answer #1 "Va'Yavo Avraham Lispod l'Sarah v'Livkosah" -
if it is to honor the living, they would not have delayed
her burial until Avraham returned (from the Akeidah)!
2. Answer #1: If he asked not to be eulogized (if it is
for his honor, we comply).
3. Answer #2: If it is for his honor, we force the
heirs to pay for eulogizers.
(j) Rejection: Sarah herself would have wanted this, in order
to honor Avraham.
(k) Answer #2: "V'Sofdu Lo Chol Yisrael" - Aviyah's relatives
were Resha'im, they were not worthy of being honored
(surely, it must be to honor the dead)!
(l) Rejection: Tzadikim want that others be honored through
(m) Answer #3 "Lo Yisofdu v'Lo Yikaveru" (if it is to honor
the living, they should be eulogized)!
(n) Rejection: Tzadikim do not want to be honored through
(o) Answer #4: "(Yirmeyahu told Tzidkiyahu) "V'Hoy Adon
Yispedu Lach" - if it is to honor the living, what
difference does it make to him?
(p) Rejection: He told him, Yisrael will get honor through
you, as they did from your ancestors.