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 88
SANHEDRIN 88 (3 Teves) - dedicated l'Iluy Nishmas Rebbetzin Sarah Gustman
(wife of Hagaon Rav Yisroel Zev Gustman and daughter of Hagaon Rav Meir
Bassin of Vilna) on the day of her Yahrzeit, by two of Rav Gustman's
Talmidim, Rav Hillel Ruvel and Rav Avraham Feldman.
1) ARGUMENTS A "ZAKEN MAMREI" IS LIABLE FOR
(a) Regarding Tzara'as of garments, they argue as R. Noson
ben Avtulmus and Chachamim do:
2) THE REBELLION OF "ZAKEN MAMREI"
1. (Beraisa - R. Noson ben Avtulmus): Question: What is
the source that if Tzara'as spreads and covers the
entire garment it is Tahor?
(b) Regarding Erchin they argue as R. Meir and Chachamim do:
2. Answer: It says Karachas and Gabachas regarding
people, and also regarding garments;
i. Just as if Tzara'as spreads and covers the
entire person, he is Tahor, also regarding
1. (Beraisa - R. Meir): If one vows to give the Erchin
(fixed value according to a person's age and gender)
of a baby less than a month old, he gives the
monetary value (if he would be sold to be a slave);
(c) Regarding Charamim they argue as R. Yehudah ben Beseira
and Chachamim do:
2. Chachamim say, the vow is void.
1. (Mishnah - R. Yehudah ben Beseira): Unspecified
Cherem is Hekdesh Bedek ha'Bayis - "Kol Cherem
Kodesh Kodoshim Hu la'Sh-m".
(d) Regarding Hekdesh they argue as R. Eliezer ben Yakov and
2. Chachamim say, unspecified Cherem is given to
Kohanim - "Ki'Sdei Cherem laKohen Tihyeh".
3. Question: What do Chachamim learn from "Kol
4. Answer: This teaches that Cherem takes effect on
Kodshei Kodoshim and Kodshei Kalim (he must give
their value to Kohanim).
1. (Beraisa - R. Eliezer ben Yakov): Ten are required
to redeem even a tiny fork of Hekdesh.
(e) Regarding giving a Sotah to drink, they argue as R.
Eliezer and R. Yehoshua do:
1. (Mishnah - R. Eliezer): One must warn his wife in
front of (at least) two witnesses, he can make her
drink through one witness of seclusion or if he
himself says that he saw her secluded;
(f) Regarding Eglah Arufah they argue as R. Eliezer and R.
2. R. Yehoshua says, warning requires two witnesses,
two witnesses of seclusion are needed to make her
1. (Mishnah - R. Eliezer): We measure from the
bellybutton of the Mes (to the nearest city);
(g) Regarding Taharah of a Metzora, they argue as R. Shimon
and Chachamim do:
2. R. Akiva says, We measure from the nose.
3. R. Eliezer ben Yakov says, we measure from the place
he was killed, his throat.
1. (Mishnah): If a Metzora does not have a right thumb,
big toe or ear (on which the blood of the Asham and
oil must be put), he can never become Tahor;
(h) Regarding Leket and Shichchah, they argue as Beis Shamai
and Chachamim do:
2. R. Eliezer says, it suffices to put it in the place
of the missing limb.
3. R. Shimon says, it suffices to put it on the left
thumb, toe or ear.
1. If (one or) two ears fell (together during
harvesting), they are Leket (one must leave them for
the poor); if three fell, they are not Leket;
(i) Regarding Pei'ah, they argue as R. Yishmael and Chachamim
2. If (one or) two sheaves were forgotten (near each
other during harvesting), they are Shichchah; if
three were forgotten, they are not Shichchah;
3. Beis Shamai say, even if three fell (or were
forgotten), they are Leket (or Shichchah); if four,
they are not.
1. (Beraisa): Pei'ah should be designated and left
attached (the poor take it themselves); if the owner
harvested his entire field, he separates (the amount
which should have been left) from the sheaves (and
gives it to the poor); if this was not done, he
separates from the stack before Miru'ach (final
i. If Miru'ach was already done, he separates the
proper amount, takes Ma'aseros on it, and gives
it to the poor.
ii. R. Yishmael says, even if he made a dough, he
separates from the dough and give to the poor
(he still did not acquire it).
(a) (Mishnah): There are three Sanhedriyos...
(b) (Rav Kahana): If the Zaken and the Sanhedrin both have
traditions for their rulings, he is exempt; if both rule
according to their own understanding, he is exempt, and
all the more so if he has a tradition and they rule
according to their own understanding;
1. He is liable only if they have a tradition and he
rules according to his own understanding.
(c) (R. Elazar): Even if he has a tradition and they rule
according to their own understanding (and all the more
so, all the other cases) he is killed, so there will not
be many arguments in Yisrael;
2. Support: This is why Akavya ben Mahalal'el was not
killed (even though he argued with the Great
Sanhedrin about four things (some of which pertain
1. Akavya was not killed because he did not instruct
people to act against the Sanhedrin's opinion.
(d) Question (against Rav Kahana - Mishnah): He says, this is
how I expounded, this is how they expounded; this is how
I learned, this is how they learned
1. Suggestion: He has a tradition and they rule
according to their own understanding.
(e) Answer: No - they have a tradition, he rules according to
his own understanding.
(f) Question (against Rav Kahana): R. Yoshiyah cited three
laws in the name of Ze'iri of Yerushalayim:
1. If a husband made Kinuy (warned his wife against
seclusion with a certain man) he may pardon it (and
if she is secluded with him, she remains permitted
to her husband);
3) A "ZAKEN MAMREI" WHO ADDS TO A MITZVAH
2. Parents may pardon their son so he will not be
killed for Ben Sorer u'Moreh;
(g) Rav Kahana is refuted.
3. Beis Din may pardon a Zaken Mamrei so he will not be
4. Chachamim of the south said, they may not pardon a
Zaken Mamrei, lest there will be many arguments in
Yisrael. (This reason applies even if he has a
tradition and they rule according to their own
(h) (Beraisa - R. Yosi): At first there were no arguments -
any question would be brought to the local Sanhedrin; if
they couldn't answer, it would be brought to the
Sanhedriyos outside the Mikdash, and if need be, to the
1. The Great Sanhedrin was in Lishkas ha'Gazis from the
(time of) the morning Tamid until the afternoon
Tamid; on Shabbos and Yom Tov they would sit in the
Cheil (just outside the Azarah).
(i) (Chachamim of Eretz Yisrael): A Ben Olam ha'Ba is a
humble person who bends down when he enters or leaves, is
liked by people, is always learning Torah, does not dwell
on his merits.
2. If they had no tradition on the matter, they would
vote to decide.
3. After there were many Talmidim of Hillel and Shamai
that did not learn enough from their Rebbi'im, many
arguments arose, as if there are two different Toros
in Yisrael (Beis Hillel and Beis Shamai).
4. From Lishkas ha'Gazis they would send messages that
any humble Chacham that people like should be a
judge in his city. A judge could be elevated from a
local Beis Din to the Sanhedrin at the entrance to
Har ha'Bayis (when someone from this Sanhedrin died,
to fill the vacancy), from there to the Sanhedrin at
the entrance to the Azarah, from there to the Great
Sanhedrin in Lishkas ha'Gazis.
1. Everyone looked at Rav Ula bar Aba.
(j) (Mishnah): If the Chacham returns to his city...
(k) (Beraisa): He is not liable unless he or others act
according to his ruling.
(l) Question: We understand, if others act according to his
ruling, he is killed only because he became a Zaken
1. We also understand, if he acted according to his
ruling to permit Chelev or blood (which are only
Chayavei Kerisus) he is Chayav Misah only because he
became a Zaken Mamrei;
(m) Answer: Normally, one is liable only if he was warned; a
Zaken Mamrei is liable (for following his own ruling)
even without warning.
2. But if he acted according to his ruling to permit a
transgression of Misah, it is irrelevant that he
rebelled against the Great Sanhedrin, in any case he
is Chayav Misah for the transgression!
(n) Question: This does not explain Mesis, who never needs to
(o) Answer: Normally, if a Mesis gives a proper reason to
defend himself, we accept it;
1. After he rebelled against the Great Sanhedrin, we do
not accept his reasons.
(a) (Mishnah): There is a stringency of laws explained by
Chachamim over laws explicit in the Torah:
1. If a Chacham says that there is no Mitzvah of
Tefilin, which explicitly contradicts the Torah, he
(b) (Gemara - R. Elazar): He is liable only for (Mitzvos of
Kares and Chatas, like R. Meir, or) a Mitzvah whose
source is explicit in the Torah, and is explained by
Chachamim; it is possible (but forbidden) to add to the
law, and by doing so he invalidates it;
2. If he says that they are five Parshiyos in Tefilin,
to add to what Chachamim explained, he is liable.
(q) The only such example is Tefilin, according to R. Yehudah
(who says that one is (also) liable for a law whose
source is in the Torah, but the explanation is through
(c) Question: Also the source of Lulav is explicit in the
Torah, it is explained by Chachamim; if one adds (takes
additional species with the four) he invalidates the
(d) Answer - part 1: If we hold that the species need not be
tied, holding additional species at the same time has no
consequence (Rashi; Teshuvas ha'Rashba - to invalidate
the Mitzvah, but he does transgress Bal Tosif (adding to
(e) Answer - part 2: If we hold that the species must be
tied, the bundle (with the extra species) was invalid
from the beginning (when he tied it; R. Elazar discusses
disqualifying a Mitzvah which *already was valid*, by
adding to it).
(f) Question: The source of Tzitzis is explicit in the Torah,
it is explained by Chachamim; if one adds additional
strings he invalidates the Mitzvah!
(g) Answer - part 1: If we hold that the Torah does not
require tying the strings even once (after inserting them
through a hole in the corner), the extra strings do not
invalidate the Mitzvah;
(h) Answer - part 2: If we hold that the Torah requires tying
the strings, it was invalid from the beginning (he tied
too many strings)!
(i) Question: If so, also adding to Tefilin does not
disqualify a Mitzvah which already was valid!
(j) If he made four compartments and put a fifth next to
them, it does not invalidate the Mitzvah;
1. If he made five compartments from the beginning, it
was invalid from the beginning!
(k) Answer: (Really, he made four compartments and put a
fifth next to them;) R. Zeira taught, if the outer boxes
are not exposed to the air, the Mitzvah is invalid.