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1) THE EXECUTION OF A "ZAKEN MAMREI"

(a) (Mishnah - R. Akiva): We do not kill him in the Beis Din in his city, nor in the Beis Din of Yavneh, rather we bring him to the Great Sanhedrin in Yerushalayim and wait until the Regel (festival) to kill him - "V'Chol ha'Am Yishme'u v'Yira'u v'Lo Yezidun Od";
(b) R. Yehudah says, we do not delay his execution - rather, we immediately kill him, and send messengers everywhere to spread the word.
(c) (Beraisa - R. Akiva): We do not kill him in the Beis Din in his city, nor in the Beis Din of Yavneh, rather we bring him to the Great Sanhedrin in Yerushalayim and wait until the Regel (festival) to kill him - "V'Chol ha'Am Yishme'u v'Yira'u".
(d) R. Yehudah: It does not say 'They will *see* and fear', rather, "*Yishme'u* v'Yira'u";

1. There is no need to delay his execution - rather, we immediately kill him, and send messengers everywhere.

(e) (Beraisa): Four executions must be announced - Mesis, Ben Sorer u'Moreh, Zaken Mamrei and Edim Zomemim;

1. Regarding the first three it says "V'Chol ha'Am" or "V'Chol Yisrael";
2. Regarding Edim Zomemim, it says "Veha'Nish'arim (everyone else)", since not everyone is Kosher to testify.

(a) (Mishnah): A false prophet - this is one who gives a prophecy he did not hear, or what Hash-m did not tell him - Beis Din kills him;
(b) The following are Chayav Misah bi'Dei Shamayim:

1. One who withholds his prophecy (that Hash-m commanded him to tell);
2. One whom Hash-m commanded to tell a prophecy and does not do so;
3. One who does not heed a Navi's words;
4. A Navi who transgresses his own prophecy.
5. We learn from "Anochi Edrosh me'Imo".

(c) The following are choked:

1. One who prophesizes in the name of idolatry, even if he gives correct laws (e.g. of Tum'ah and Taharah);
2. One who has relations with a married woman - once she enters her husband's premises for the sake of Nisu'in, even before she had relations with her husband;
3. Edim Zomemim who falsely testified that a Bas Kohen was Mezanah, or a man that had adultery with her (even though she is burned for adultery).

i. Edim Zomemim always receive the Misah they plotted to impose on someone else, except when they falsely testified about a Bas Kohen and her adulterer.

(d) (Gemara - Beraisa): Three false prophets are killed by Beis Din, three are killed bi'Dei Shamayim:

1. One who gives a prophecy he did not hear, or what Hash-m did not tell him, or in the name of idolatry, is killed by Beis Din;
2. One who withholds his prophecy, does not heed a Navi's words, or transgresses his own prophecy are killed bi'Dei Shamayim.

(e) Question: What is the source of this?
(f) Answer (Rav Yehudah): "Ach ha'Navi Asher Yazid Ledaber Davar bi'Shmi" - this is one who gives a prophecy he did not hear;

1. "Va'Asher Lo *Tzivisiv*" - this implies that Hash-m commanded this to someone else, and the false prophet says 'Hash-m told this to me'.
2. "Va'Asher Yedaber b'Shem Elohim Acherim" - this is one who prophesizes in the name of idolatry.
3. Regarding these it says "U'Mes ha'Navi ha'Hu", Beis Din kills him.

i. Any unspecified Misah is choking.

(g) "Veha'Ish Asher Lo Yishma" - he does not heed a Navi's words; we also read this like 'Lo Yashmi'a', he withholds his prophecy, and 'Lo Yishama', he does not heed his own prophecy;

1. Regarding all of these it says "Anochi Edrosh me'Imo".

(h) An example of one who gives a prophecy he did not hear - "Tzidkiyah...Ko Amar Hash-m b'Eleh Teganach Es Aram"
(i) Question: Tzidkiyah was Anus, the Ru'ach (spirit) of Navos tricked him!

1. (Rav Yehudah): "Va'Yomer Hash-m Mi Yefateh Es Ach'av...va'Yetzei ha'Ru'ach *Tzei* va'Ase Ken" - Hash-m told him 'Leave My Presence (because he volunteered to deceive)'.
2. (R. Yochanan): The Ru'ach was that of Navos.

(j) Answer: He should have known from R. Yitzchak's teaching that he did not receive a true prophecy.

1. (R. Yitzchak): Many prophets can receive the same message, but two prophets do not express it in the same words:

i. Ovadyah said "Zadon Libcha Hisi'echa", Yirmeyah said "Tiflatztecha Hisi Osach Zadon Libecha".
ii. Here, all the prophets predicting Ach'av's victory used the same words, proving that they are false prophets.

(k) Question: Perhaps he did not know R. Yitzchak's teaching!
(l) Answer: Yehoshafat was there, he told them - "Ha'Ein Po Navi"!

1. Ach'av: There are many prophets here!
2. Yehoshafat: I have a tradition - many prophets can receive the same message, but two prophets do not express it in the same words:

(m) An example of one who prophesizes what Hash-m did not tell him - Yirmeyah was prophesizing in the upper market "Hineni Shover Es Keshes Eilam"; Chananyah ben Ozer made a Kal va'Chomer:

1. Eilam (Madai) only came to help Bavel (afflict Yisrael), Hash-m said that he would destroy them - all the more so the Bavli'im themselves!
2. Chananyah prophesized in the lower market "Shavarti Es Ol Melech Bavel".

(n) Question (Rav Papa): This was not said to any Navi!
(o) Answer (Abaye): Since we are allowed to expound Kal va'Chomer, it is as if it was said to Yirmeyah.
(p) One who prophesizes in the name of idolatry - for example, the prophets of Ba'al.
(q) One who withholds his prophecy - for example, Yonah.
(r) One who does not heed a Navi's words - for example, Michah's colleague:

1. "Hakeini Na va'Yema'en...Ya'an Asher Lo Shamata (you will be eaten by a lion)".

(s) One who transgresses his own prophecy - for example, Ido:

1. "Chen Tzivah Osi (not to eat today; the other man said)...Ani Navi Kamocha (and Hash-m told me to give you to eat; Ido believed him and ate)...Va'Yimtza'ehi Arye".

(a) (A reciter of Beraisos): One who withholds his prophecy is lashed.
(b) Question (Rav Chisda): Do we lash one eats dates (does nothing visibly wrong) - who can warn him?!
(c) Answer (Abaye): Other prophets can warn him.
(d) Question: How do they know?
(e) Answer (Abaye): "Lo Ya'aseh Hash-m...Ki Im Galah Sodo" (He tells others).
(f) Question: Perhaps Hash-m reconsidered!
(g) Answer: If so, He would inform the other prophets.
(h) Question: Hash-m retracted the prophecy that Ninveh would be destroyed, He did not inform Yonah!
(i) Answer: Yonah was told that Ninveh would be "Nehpaches", he did not know if this was for good (they would be transformed from sinners to Tzadikim) or for evil (it would be destroyed).
(j) Question: One who does not heed a Navi's words (is Chayav Misah bi'Dei Shamayim) - how does he know that it is a true Navi?
(k) Answer: The Navi gives a sign.
(l) Question: Michah did not give a sign, yet Hash-m punished the man who did not obey him!
(m) Answer: Someone established to be a true prophet need not give a sign.
(n) Support: We must say this - if not, how could Yitzchak allow Avraham to slaughter him, how could Yisrael help Eliyahu offer a Korban outside the Mikdash on Har ha'Karmel?

(a) (R. Yochanan): "Achar ha'Devarim ha'Eleh" - after the Satan complained:

1. You gave Avraham a son at the age of 100, and Avraham did not offer even a bird to Hash-m at the feast he made when he weaned him!
2. Hash-m: The feast was on account of his son - if I would ask him to offer his son, he would do so immediately!

(b) (R. Shimon bar Aba): "Kach *Na*" - this denotes a request;

1. A parable - a king was beset by many wars, a valiant warrior of his triumphed in all of them;
2. Later, a fierce war erupted - the king told him 'Please win this war, so people will not say that the previous wars were trivial.'
3. Likewise, Hash-m told Avraham 'I tested you many times, you passed every test - please pass this test, so people will not say that the previous tests were trivial.''
4. Hash-m: "Es Bincha"
5. Avraham: I have two sons!
6. Hash-m: "Es Yechidcha"
7. Avraham: Each is the only son to his mother!
8. Hash-m: "Asher Ahavta"
9. Avraham: I love both of them!
10. Hash-m: "Es Yitzchak".
11. Question: Why didn't Hash-m specify Yitzchak from the beginning?
12. Answer: Had Avraham heard suddenly, he would have been dazed.

(c) The Satan tried to dissuade Avraham - "Ha'Nisah Davar Elecha Til'eh...Yisarta Rabim..." (you brought many close to Hash-m - if you slaughter Yitzchak, they will cease to serve Him, your life's Avodah will be undone!)

1. Avraham: "Ani b'Sumi Elech" (I cannot refuse what Hash-m commanded).
2. The Satan: "Yirasecha Kislasecha" (this will cause your downfall)!
3. Avraham: "Zechar Na Mi Hu Naki Avad" (Hash-m will ensure that nothing bad results).

(d) The Satan saw that he could not dissuade Avraham, so he tried to weaken his intention to sacrifice his son.

1. The Satan: I heard in back of the curtain that Hash-m will ask you to offer a Seh, not Yitzchak!
2. Avraham: The punishment of a liar is that even when he tells the truth, he is not believed! (Maharsha - he said this after the Akeidah, that he had not believed him before.)

(e) (R. Yehoshua ben Levi): "Achar ha'Devarim ha'Eleh" - after Yishmael's words:

1. Yishmael: My Mitzvos are greater than yours - you were circumcised when you were eight days old, I was willingly circumcised at the age of 13!
2. Yitzchak: Do you consider yourself greater on account of one limb? If Hash-m would ask me to offer myself like a Korban, I would agree!

(a) (Beraisa): If a (false) Navi enticed, he is stoned; R. Shimon says, he is choked.
(b) Enticers of an Ir ha'Nidachas are stoned; R. Shimon says, they are choked.
(c) Question: Why do Chachamim say that a Navi who enticed is stoned?
(d) Answer: They learn from a Gezerah Shavah "Hadachah-Hadachah" from Mesis;

1. R. Shimon has no tradition for this Gezerah Shavah; any unspecified Misah is choking.

(e) Question: Why do Chachamim say that Medichei Ir ha'Nidachas are stoned?
(f) Answer: They learn from a Gezerah Shavah "Hadachah-Hadachah" from Mesis or from a Navi who was Medi'ach;
(g) R. Shimon learns the Gezerah Shavah from a Navi who was Medi'ach;

1. Question: Why doesn't he learn from Mesis?
2. Answer: It is better to learn from one who entices a multitude from one who entices a multitude, than from one who entices an individual.
3. Question: It is better to learn laws of a commoner from a commoner, not from a Navi!
4. Answer: A prophet who entices to idolatry is the ultimate commoner!