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 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.
1) ONE WHO IS LIABLE TWO MISOS
(a) (Mishnah): One who is Chayav two different Misos receives
the more stringent one;
2) REBBI YOSI'S OPINION
(b) If one is liable two Misos for one transgression, he
receives the more stringent one;
(c) R. Yosi says, he receives the one which arose first (this
will be explained).
(d) (Gemara) Question: This is obvious - one who should
receive a severe Misah should not benefit (get a lighter
Misah) because he did another transgression!
(e) Answer (Rava): The case is, he did a light transgression,
he was sentenced for it, then he did a severe
1. One might have thought that, once he was sentenced,
he is already considered dead, we do not judge him
for the latter transgression - the Mishnah teaches,
this is not so.
(f) Question (Rav Yosef bar Chama's brother): What is the
source of this law?
(g) Answer (Rabah bar Noson): "V'Holid Ben Paritz Shofech
Dam...v'Es Eshes Re'ehu Timei v'El Gilulim Nasa Einav" -
for murder he should be beheaded, for adultery he should
be choked, for idolatry he should be stoned - "...Mos
Yumas Damav Bo", he is stoned (the most severe one).
(h) Objection (Rav Nachman bar Yitzchak): Perhaps all of
these refer to Chayavei Skilah!
1. "V'Holid Ben Paritz Shofech Dam" refers to Ben Sorer
u'Moreh, "V'Es Eshes Re'ehu Timei" refers to a
Mekudeshes Na'arah, "V'El Gilulim..." is idolatry!
(i) Question: If so, what does the verse teach?
(j) Suggestion: Perhaps Yechezkeil merely reviews laws of the
(k) Rejection: If so, he should have reviewed as Moshe did
(Rashi - the entire Torah; Ramah - explicitly, not mere
(l) (Rav Acha bar Chinena): "El he'Harim Lo Achal" - this is
someone whose own merits sufficed, he did not need his
1. "V'Einav Lo Nasa El Gilulei Beis Yisrael" - he did
not walk with an upright posture;
(m) R. Gamliel would cry when he reached the end of the
verse, "Tzadik Hu Chayo Yichyeh" - one who does all these
will live, not one who only does one of them!
2. "V'Es Eshes Re'ehu Lo Timei" - he did not infringe
on another's profession;
3. "V'El Ishah Nidah Lo Yikrav" - he did not receive
from the Tzedakah box;
(n) R. Akiva: If so, will you say that "Al Titam'u b'Chol
Aleh" - do not do all of these abominations, you may do
one of them?!
1. Rather, you may not do any one of them - likewise,
one who has any one of the above merits will live.
(a) (Mishnah): If one is liable two Misos for one
transgression (receives the more stringent one).
(b) (Beraisa): R. Yosi says, he receives the one which arose
first - if his mother-in-law became a married woman (and
he had relations with her), he is judged for (relations
with) a mother-in-law (stoning);
1. If a married woman became his mother-in-law, he is
judged for a married woman (choking).
(c) Question (Rav Ada bar Ahavah): In the first case, why is
he only judged for his mother-in-law - he should be
judged for both!
1. (R. Avahu): R. Yosi admits that one is judged for
both prohibitions if the latter is Mosif (if
something was forbidden, and it now becomes
forbidden to more people or in more situations).
(Before his mother-in-law married, she was permitted
to men (except her relatives); when she marries, she
becomes forbidden to all men, her relatives are also
liable (if they have relations with her) for a
(d) Answer (Rava): It suffices to kill him once!
3) A PERSISTENT TRANSGRESSOR
(a) (Mishnah): If someone was lashed twice, Beis Din put him
in Kipah (a cell) and feed him barley, until his stomach
4) A MURDERER WHO GETS "KIPAH"
(b) (Gemara) Question: Just because he was lashed twice, we
cause him to die?!
(c) Answer (R. Yirmeyah): The Mishnah discusses someone
lashed for Chayavei Kerisus; he is Chayav Misah (bi'Dei
Shamayim (at the hands of Heaven));
1. Because he shows that he is not concerned for his
life, we bring his death closer.
(d) (R. Yakov): The Mishnah discusses one who repeatedly
transgressed the same Kares - if he transgressed two or
three different Kerisus, he merely wants to experience
them, this does not show an utter lack of concern for his
(e) (Mishnah): If someone was lashed twice...
(f) Suggestion: We kill him after only two transgressions -
this is unlike R. Shimon ben Gamliel, who says that
Chazakah is not established until three repetitions.
(g) Answer (Ravina): The Mishnah can be like R. Shimon -
transgressions are Machzik (establish his nature) that he
will persist sinning and should be killed;
1. The first two times he is lashed, the third time he
is put in a cell.
(h) Question (Beraisa): If Reuven transgressed a Lav for
which one is lashed, the first two times he is lashed,
the third time we put him in Kipah;
1. Aba Sha'ul says, also the third time he is lashed,
the fourth time we put him in Kipah;
(i) Question: What is Kipah?
2. Suggestion: All agree that Chazakah is established
by lashes (Tosfos - continuing to sin after lashes;
Rashi - lashes themselves);
i. Chachamim hold like Rebbi (two repetitions are
Machzik), Aba Sha'ul holds like R. Shimon ben
Gamliel. (Tosfos - he is not Muchzak until the
second or third transgression after lashes,
i.e. the third or fourth transgression. Rashi -
he is Muchzak after being lashed the second or
third time, but we cannot give two punishments
(lashes and Kipah) for one transgression,
therefore Kipah is not until the third or
3. Counter-question (Beraisa): If Reuven was warned
(not to transgress a Lav of lashes) and was silent
or nodded his head (showing that he is Mezid, but he
cannot be lashed, he did not consent to be lashed
for his sin):
i. The first two times he is warned, the third
time we put him in Kipah;
4. Answer (Ravina): In both Beraisos, (both Tana'im
agree that three repetitions are Machzik), the
argument is whether or not we must warn for Kipah:
ii. Aba Sha'ul says, the first three times he is
warned, the fourth time we put him in Kipah.
iii. This shows that he becomes Muchzak without
i. Chachamim say, since he becomes a Rasha when he
transgresses the third warning, this suffices
to put him in Kipah;
ii. Aba Sha'ul says, we cannot give Kipah until he
transgresses a warning for Kipah, which we
cannot give until he is a Rasha, i.e. he
transgressed three warnings before this.
(j) Answer (Rav Yehudah): A cell the size of his height.
(k) Question: Where does the Torah allude to it?
(l) Answer (Reish Lakish): "Temoses Rasha Ra" (a person's
wickedness will kill him).
(m) (Reish Lakish) Question: "Lo Yeda ha'Adam Es Ito ka'Dagim
she'Ne'echazim bi'Mtzudah Ra'ah" - what is an evil trap?
(n) Answer: A fish hook (it is small and weak, fish do not
realize that it will kill them).
(a) (Mishnah): One who murders without witnesses, we put him
in Kipah and feed him meager amounts of bread and water.
5) PEOPLE KILLED WITHOUT "BEIS DIN"
(b) (Gemara) Question: How do we know that he murdered?
(c) Answer #1 (Rav): There were two witnesses, but they did
not see each other (therefore, we cannot give Misas Beis
(d) Answer #2 (Shmuel): There were two witnesses, but they
did not warn him.
(e) Answer #3 (Rav Chisda): The witnesses contradicted each
other regarding Bedikos, but agreed regarding Chakiros
(the essentials of the testimony);
1. (Mishnah): A case occurred, Ben Zakai asked the
witnesses about the types of figs on a tree (a
Bedikah, it was not relevant).
(a) (Mishnah): We feed him meager amounts of bread and water.
(b) Question: Why does our Mishnah say that we feed him
meager amounts of bread and water, and the previous said
that we feed him barley until his stomach bursts?
(c) Answer (Rav Sheshes): First we feed him meager amounts of
bread and water to make his stomach shrivel up, then we
feed him barley until his stomach bursts.
(d) (Mishnah): A zealot may kill someone doing any of the
1. One who steals ha'Kisvah (this will be explained),
one who curses b'Kosem (in the name of idolatry),
one who has relations with a Nochris.
(e) If a Kohen did Avodah when he was Tamei, the other
Kohanim do not take him to Beis Din, rather, the young
Kohanim take him outside of the Azarah and break his head
with pieces of wood.
(f) R. Akiva says, if a Zar (non-Kohen) did Avodah in the
Mikdash, he is choked;
(g) Chachamim say, Beis Din does not kill him, he is Chayav
Misah bi'Dei Shamayim.
(h) (Gemara) Question: What is Kisvah?
(i) Answer (Rav Yehudah): A Kli Shares, as it says "V'Es
(j) Question: Where does the Torah hint that one can be
killed for stealing it?
(k) Answer: "K'Bala Es ha'Kodesh va'Mesu".
(l) (Mishnah): One who curses b'Kosem.
(m) (Rav Yosef): He says 'Kosem should strike the One
(Hash-m) who made it'.
(n) (Rabanan): He says 'It should strike Ploni (a person),
Ploni's Master (Hash-m), the One who bestows to Ploni'.