ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Sanhedrin 75
Questions
1)
(a) The doctors told the man who became sick with infatuation for a certain
woman - that he would only recover if he were to be intimate with her.
(b) When the Chachamim ruled 'Yehareg ve'Al Ya'avor' even to see her naked -
they
1. ... advised him to speak with her from behind a wall ...
2. ... whilst the Rabban repeated the same ruling for the third time.
(c) Rebbi Ya'akov bar Idi and Rebbi Shmuel bar Nachmeni argue over whether
she was married or not.
(d) According to those who hold that she was not, Rav Papa ascribes the
Chachamim stringent ruling to P'gam Mishpachah - meaning that the woman's
family considered the whole thing an embarassment and a sleight to their
honor.
2)
(a) Rav Acha B'reih de'Rav Ika disagrees with Rav Papa. According to him,
the Rabbanan were so strict - in order to prevent a decline in the standard
of decency among the public.
(b) We ask why, if she was unmarried, the man did not simply marry the
woman. And we answer with a statement of Rebbi Yitzchak, who said - that
since the destruction of the Beis-Hamikdash, 'the taste of Bi'ah' was
removed and given to sinners.
(c) Shlomoh Hamelech made a similar statement in Mishlei, when he said -
"Mayim Genuvim Yimtaku, *ve'Lechem Sesarim Yena'ein*", meaning that taking a
womanin secret is pleasant.
***** Hadran Alach 'ben Sorer u'Moreh *****
***** Perek ve'Eilu Hein ha'Nisrafin *****
3)
(a) Besides someone who marries a woman and her daughter (and its
derivatives) - a bas Kohen receives Sereifah.
(b) The Bo'el in the first case(s) - receives Sereifah too, but not in the
second (where is sentenced to Chenek).
(c) Ishah u'Bitah incorporates a woman and her granddaughter, and - a. a
woman and her mother, and b. a woman and her grandmother.
(d) Neither does it make any difference whether he is married to the first
woman or whether he raped her.
4)
(a) We extrapolate from ...
1. ... the Seifa, which states 'Yesh bi'Chelal Ishah u'Bitah, Bito u'Bas
Bito ... ' - that both 'Ishah' and 'Bitah' in the Reisha refer to women whom
the Torah forbids (and not just to his regular wife and her daughter.
2. ... the Lashon of the Mishnah 'ha'Ba al Ishah u'Bitah' (and not 'ha'Ba al
Ishah she'Nasa Bitah') - that (to answer the problem) the Tana cannot mean
'Ishah': his mother-in-law) 'u'Bitah': her daughter.
(b) According to Abaye (later in the Sugya), who learns that according to
Rebbi Akiva, the Pasuk is speaking about 'Eim Chamoso', the author of our
Mishnah is Rebbi Akiva, and 'Ishah u'Bitah' refers to his mother-in-law's
mother and his mother-in-law. In Rava's opinion (later in the Sugya), the
Pasuk speaks, according to both Rebbi Akiva and Rebbi Yishmael (not about
Eim Chamoso, but) about Chamoso, after his wife's death.
(c) The problem with our Mishnah, according to Rava is therefore - to whom
does 'Ishto' refer?
(d) So Rava amends the Lashon of our Mishnah to - 'ha'Ba al Ishah she'Nasa
Bitah'.
5)
(a) In spite of the fact that the Pasuk explicitly mentions Eim Chamoso
according to Abaye, and Chamoso according to Rava, the Tana inserts ...
1. ... 'Chamoso ve'Eim Chamoso' in the Seifa (which lists things that
"Chamoso" incorporates) according to Abaye - because of 'Eim Chamiv' (Aydi
de'Ba'i le'Misni ... ').
2. ... 'Chamoso', according to Rava - 'Aydi de'Ba'i le'Misni 'Eim Chamiv
ve'Eim Chamoso'.
(b) The Beraisa learn from the 'Gezeirah-Shavah "Zimah" (written by the
Onesh in Kedoshim) "Zimah" (written by the Azharah in Acharei-Mos) - that
the Onesh (which mentions "Ishah ve'Imah") extends to "Ishah u'Bitah", and
to "bas B'nah and bas Bitah" (which are not written there).
6)
(a) The Beraisa continues to learn that 'Zecharim ki'Nekeivos' from the same
'Gezeirah-Shavah'. This cannot mean that ...
1. ... Bas B'nah has the same Din as Bas Bitah - since both are written
explicitly.
2. ... Eim Chamiv has the same Din as Eim Chamoso - since we do yet know
about Eim Chamoso, so how can the Tana inform us that Eim Chamiv has the
same Sin as her?
(b) What the Tana therefore means, says Abaye, is that She'er ha'Ba Mimenu
has the same Din as She'er ha'Ba Mimenah. What he means is - that his own
daughter and granddaughters (born to either his son or his daughter [which
are not written explicitly]) are forbidden just like the daughter and
granddaughters of the woman he raped (which are). Note, that this D'rashah
really comes to include his daughter (which is not written at all, whereas
his granddaughters are.
(c) Bearing in mind that the Pasuk (by the Azharah) which contains Zimah,
writes "Ervas Ishah u'Bitah ... es bas B'nah ve'es bas Bitah ... ", the
problem with the 'Gezeirah-Shavah is - how can we incorporate 'She'er ha'Ba
*Mimenu*' from "Zimah", when the Pasuk containing "Zimah" (by the Azharah)
only talks about 'She'er ha'Ba *Mimenah*?
(d) Rabah quoting Rav Yitzchak bar Avudimi, solves this problem, based on
the other Pasuk written by the Azharah "Ervas bas Bincha O bas Bitcha ... ki
Ervascha Heinah" (even though it does not contain "Zimah" - by learning a
second 'Gezeirah-Shavah' "Heinah" (ki Ervascha Heinah, by the Azharah)
"Heinah" ("Sha'arah Heinah Zimah Hi", also by the Azharah). So we learn the
one from the other via "Heinah" with regard to the Azharah, and the Onesh
from the Azharah via "Zimah".
75b---------------------------------------75b
Questions
7)
(a) The Beraisa then goes on to learn 'le'Matah ki'Lema'alah', also
from"Zimah" "Zimah". This cannot mean that ...
1. ... bas B'nah and bas Bitah have the same Din as Bitah - because they are
both written explicitly.
2. ... Eim Chamiv and Eim Chamoso have the same Din as Chamoso - because
then the Tana should have said 'le'Ma'alah ki'Lematah'.
(b) So we amend the Beraisa to read 'le'Ma'alah ki'Lematah', and the Tana is
indeed coming to tell us that Eim Chamiv and Eim Chamoso have the same Din
as Chamoso.
(c) Eim Chamiv and Eim Chamoso - are not actually written at all.
(d) So Abaye interprets the Beraisa 'Minayin La'asos le'Matah ki'Lema'alah'
(as if it was) in two stages (via the 'Gezeirah-Shavah'). The Tana learns
...
1. ... the first stage in respect of the Onesh - where he learns 'le'Ma'alah
from le'Matah', in respect of the Onesh, where he derives the third
generation upwards (Eim Chamiv and Eim Chamoso), which is not written, from
the third generation downwards (bas B'no and Bas Bito), which are.
2. ... the second stage in respect of the Azharah - where he learns
le'Ma'alah (Chamoso itself, which is not written there) by comparing it to
le'Matah, from the Onesh, where we learn le'Matah from le'Ma'alah (as we
just explained).
8)
(a) But Abaye's explanation is based on an inverted Lashon (from 'le'Matah
ki'Lema'alah' to 'le'Ma'alah le'Matah', as we just explained). Rav Ashi
leaves the Lashon intact. He explains 'le'Matah' with reference to Eim
Chamiv and Eim Chamoso to mean that it is a lesser Isur, because it is
removed from the original Isur (even though this has no Halachic
ramifications).
(b) And he resolves the Kashya we asked earlier 'u'Mah Hashta Inhu Lo
Kesivah, Zimah Didhu Kesivah' - by explaining that 'Ne'emar Ka'an Zimah ...
' does not refer to Eim Chamiv and Eim Chamoso, but - to the Limud of
Chamoso from Bito.
(c) Bearing in mind that his wife's mother's mother is forbidden (and that
we learned above 'She'er ha'Ba Mimenu' from 'She'er ha'Ba Mimenah'), Abaye
learns from the Pasuk "Imcha Hi" - that Eim Imo is precluded from the
comparison of She'er ha'Ba Mimenu to She'er ha'Ba Mimenah' (and is permitted
min ha'Torah).
(d) Rava agrees with Abaye in principle (that Eim Imo is permitted), only in
his opinion - this Heter does not require a Pasuk (since there is no way
that we could learn the Isur from She'er ha'Ba Mimenah anyway, as we will
now proceed to explain).
9)
(a) The definition of ...
1. ... 'Don Minah u'Minah' is - that we learn not only the general rule from
a 'Gezeirah-Shavah', but the details too.
2. ... 'Don Minah ve'Uki be'Asra' is - that we learn the general rules from
the 'Gezeirah-Shavah', but not necessarily the details.
(b) If we held 'Ne'emar Ka'an Zimah ... ', the punishment he would receive
for Eim Imo would be - Sereifah.
(c) According to Rebbi Shimon who holds 'Sereifah Chamurah', this would give
rise to three Pirchos: 1. How can we learn She'ero from She'er Ishto
(le'Chumra), considering that his wife's mother is a Chiyuv Sereifah,
whereas his own mother is only a Chiyuv Sekilah (a Kula)? 2. How is it
possible for Eim Imo (Sekilah) should be more stringent than Imo
(Sekilah)? - 3. Just like we do not differentiate between Imah and Eim Imah,
so too, should we not differentiate between Imo and Eim Imo - in which case,
perhaps we should give both of them Sekilah (we cannot give them both
Sereifah, since the Torah explicitly sentences him to Sekilah for Imo); but
if we did, we would no longer be adhering to the principle 'Don Minah
u'Minah'.
(d) According to the Rabbanan, who hold 'Sekilah Chamurah', the first two
Pirchos fall away. The sole Pircha will therefore be - the third Pircha,
only based on the fact that we cannot give them both Sekilah, since we are
learning from 'Hi', where Eim Imah, only receives Sereifah (so how can we
give Eim Imo the more stringent Sekilah).
10)
(a) Based on the principle 'Don Minah ve'Ukei be'Asra', the
'Gezeirah-Shavah' would also begin 'Mah Hi Eim Imah Asurah, Af Hu Eim Imo
Asurah'. But it would conclude - 'Hasam Hu de'bi'Sereifah, Aval Hacha
bi'Sekilah'.
(b) There too, Rava asks two Pirchos, according to Rebbi Shimon: 1. The same
as the first Kashya that we asked before. 2. Just like by She'er Ishto, Eim
Imah has the same Din as Bitah (Sereifah), to too, should Eim Imo have the
same Din as Bito (Sereifah, and not Sekilah, which is less stringent).
According to the Chachamim of Rebbi Shimon, the sole Kashya is - the latter
one, only on the grounds that one could not give Sekilah to Eim Imo, because
it would be *more* stringent, and its source is Eim Imah, who receives
Sereifah (which is less stringent).
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