ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Sanhedrin 87
SANHEDRIN 87 - has been dedicated to the memory of Max (Meir Menachem ben
Shlomo ha'Levi) Turkel, as his Yahrzeit (5 Teves) approaches, by his
children Eddie and Lawrence, and his wife Jean Turkel/Rafalowicz.
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Questions
1)
(a) The Beraisa learns from the Pasuk "Ki *Yipalei* Mimcha Davar" - that the
Din of a Zaken Mamrei is confined to a Mufla she'be'Beis-Din (an expert
Dayan), to preclude a Talmid.
(b) When the Tana, based on the Pasuk in Nachum "Mimcha Yatza Yo'etz ... ",
explains ...
1. ... "Mimcha", 'Zeh Yo'etz', he means - that the Zaken Mamrei was arguing
with the Beis-Din in matters concerning Ibur ha'Shanah and Kevi'us
ha'Chodesh.
2. ... "Davar", 'Zeh Halachah' - that the Zaken Mamrei was arguing with the
Beis-Din in matters concerning 'Halachah le'Moshe mi'Sinai'.
3. ... "la'Mishpat", 'Zeh ha'Din' - that the Zaken Mamrei was arguing with
the Beis-Din in matters that entailed learning a Din from a
'Gezeirah-Shavah'.
(c) The three areas of Halachah incorporated in ...
1. ... "Bein Dam le'Dam" are the blood of Nidus, childbirth and Zivus.
2. ... "Bein Din le'Din" - are Diynei Nefashos, Mamonos and Malkos.
3. ... "Bein Nega la'Naga" - are Nig'ei Adam, Batim and Begadim.
4. ... "Divrei" - are Charamim, Erchin and Hekdeshos.
(d) According to the Tana, "Rivos" refers to Hashka'as Sotah, Arifas Eglah
Arufah and Taharas Metzora. Their connection with "Rivos" is - 1. that a
Sotah must have been involved in an argument with her husband; 2. Eglah
Arufah is brought for the death of a man who was murdered probably involving
a quarrel between the murderer and the murdered man; 3. Tzara'as too, comes
for Lashon ha'Ra, usually tied up with a dispute between two people.
(e) The three things incorporated in "bi'She'arecha" are - Leket, Shikchah
and Pe'ah. These are all Matnos Aniyim, by which the Torah writes in Re'ei
"ve'Achlu bi'She'arecha ... ".
2)
(a) The Tana learns from ...
1. ... "ve'Kamta" - that the Zaken Mamrei must leave for Yerushalayim from
the location of Beis-Din in their town (where the Dayanim are obligated to
sit whenever they judge.
2. ... "ve'Alisa" - that Yerushalayim is the highest point on Eretz Yisrael.
3. ... "El ha'Makom" - that the location of the Beis-Din plays a major role
in their rulings.
(b) Yirmiyah ha'Navi says - that in time to come - they will ...
1. ... no longer praise Hashem for redeeming them from Egypt. Instead, they
will ...
2. ... praise him for redeeming them from the land of the north (Bavel), and
from the other lands to which they had been exiled.
(c) And the Tana learns from the Lashon there "Ki-im Chai Hashem Asher
He'elah ... es Zera Beis Yisrael" - that Eretz Yisrael is the highest
country in the world.
3)
(a) According to Rebbi Meir, a Zaken Mamrei is only Chayav for something
that falls into the category of Zedono Kareis, ve'Shigegaso Chatas. Rebbi
Yehudah says - something that is basically written in the Torah, but its
explanation is from the Chachamim.
(b) Rebbi Shimon is the most stringent of them all. According to him, the
Zaken Mamrei is Chayav - even for disputing one detail in a de'Rabbanan.
(c) Rebbi Meir derives his opinion from a 'Gezeirah-Shavah' "Ki Yipalei
mi'Mecha *Davar*" from "ve'Ne'elam *Davar* me'Einei ha'Kahal" (Vayikra) -
which is written in connection with the Oar He'elam Davar (the Korban Chatas
of the community).
(d)
1. Rebbi Yehudah derives his opinion from the Pasuk "al-Pi ha'Torah Asher
Yorucha" - since "ha'Torah" means 'Ikro min ha'Torah', and "Yorucha",
'Pirusho mi'Divrei Sofrim'.
2. Rebbi Shimon derives his opinion from the Pasuk "Asher Yagidu Lecha min
ha'Makom ha'Hu" - implies whatever it is.
4)
(a) Rav Huna bar Chinena asked Rava to explain to him - the Beraisa (quoted
earlier on the Amud), according to Rebbi Meir's opinion.
(b) Rava reacted to his request - by asking Rav Papa to go into the matter.
(c) To explain 'Zeh Yo'etz', Rav Papa cited the Mishnah in Iduyos 'Hein
(Rebbi Yehoshua and Rebbi Papayas) He'idu she'Me'abrim es ha'Shanah Kol
Adar, she'Hayu Omrim (the Chachamim) ad Purim'. This involves something
that is 'Zedono Kareis ve'Shigegaso Chatas' - inasmuch as if they fix Rosh
Chodesh Nisan a month earlier than it should be, then the people will eat
Chametz one month later (when it is really Pesach), whereas they fix it a
month later, then they will eat Chametz the month before.
(d) And to explain "Davar", 'Zeh Halachah', he cited the Machlokes (with
regard to the tenth of the eleven days between Nidus and Nidus) between
Rebbi Yochanan ('Asiri ki'Teshi'i') and Resh Lakish ('Asiri ke'Achad-Asar').
The aspect of this which is 'Halachah le'Moshe mi'Sinai' is - the eleven
days between Nidus and Nidus.
5)
(a) The difference between a Nidah and a Zavah (as regards seeing blood) is
concerned is - that if the former sees blood, she is Tamei for seven days,
unconditionally; whereas the latter must 'watch' the next day (she becomes
Tahor should she not see, a Zavah Ketanah in the event that she does, and
again on the third day, when she becomes Tamei to bring a Korban (a Zavah
Gedolah), if she sees a third time.
(b) If a woman sees blood on ...
1. ... the ninth day - it is like seeing blood on any of the previous days
(regarding watching on the tenth and the eleventh).
2. ... the eleventh day - she is not required to watch, seeing as, in the
event that she sees on the following day, she will be a Nidah (and not a
Zavah).
(c) A woman who sees blood on the tenth day cannot become a Zavah Gedolah,
because the twelfth day no longer belongs to the days of Zivus.
Nevertheless, should she see blood, her status changes to one of a Zavah
Ketanah (who does not bring a Korban or Tovel in spring-water [see
Rashash]).
(d) The Machlokes (according to one Lashon in the Sugya in Nidah) is -
whether the tenth day requires 'watching' (like one who sees on the ninth
day [to at least become a Zavah Ketanah]), or not (like one who sees on the
eleventh [since she cannot become a Zavah Gedolah]).
(e) The Machlokes between Rebbi Yochanan and Resh Lakish (as well as that
between the Zaken Mamrei and the Beis-Din) involves Kareis and a Chatas - in
the event that the woman subsequently sees blood on the eleventh day, and
she is subject to Kareis or a Chatas, should she have relations with her
husband.
87b---------------------------------------87b
Questions
6)
(a) "Mishpat", 'Zeh ha'Din' (regarding a 'Gezeirah-Shavah', as we explained
above). Rava quoting Rav Yitzchak, learns from the 'Gezeirah-Shavah'
"Heinah" "Heinah" and "Zimah" "Zimah (with which the Zaken Mamrei
disagreed) - that Bito me'Anusaso receives Sereifah.
(b) And the bone of contention between him and the Beis-Din with regard to
"Dam le'Dam" (vis-a-vis Dam Nidah), revolves around the Machlokes between
Akavya ben Mahalalel and the Rabbanan, who argue whether green (or yellow)
blood is Tamei (Akavya) or not (the Rabbanan).
(c) Whereas with regard to Dam Leidah, it revolves around the Machlokes
between Rav and Levi. When Rav says 'Ma'ayan Echad Hu' - he means that the
Tamei blood that a woman who gave birth to a girl sees during the first two
weeks and the blood that she subsequently sees (during the days of Taharah)
emanate from the same source (only the Torah declared it Tamei, in one case,
and Tahor, in the other.
(d) According to Levi however, the two bloods are from two different
sources. The ramifications of their Machlokes will be in a case - where the
woman continues to see blood after the termination of the two-week period,
which will be Tahor according to Rav, but Tamei according to Levi. And the
reverse will be true in a case where she continues to see blood after the
sixty-six days of Taharah. (Consequently, the Zaken Mamrei's ruling will
lead to Kareis, either at the beginning or at the end.
7)
(a) The Torah writes in Tazri'a with regard to the three sightings of Zivus
"ve'Ishah Ki Yazuv Zov Damah Yamim Rabim". We learn from the word "Damah" -
that a woman is Tamei only if the blood comes naturally, and not as the
result of the baby.
(b) In this context, the third Dam revolves around a Machlokes between Rebbi
Eliezer and Rebbi Yehoshua in another Mishnah in Nidah. According to Rebbi
Eliezer, we do not ascribe the blood to the birth, if there was a break of
twenty-four hours (whenever they occur). Rebbi Yehoshua - requires
twenty-four hours that begin at nightfall and end twenty-four hours later
(like Shabbos).
(c) Seeing blood is - not the sole criterion for the Din of 'Shafsah' (the
break), because the pain stopping is a second criterion.
8)
(a) We established 'Bein Din le'Din' by Diynei Mamon, Nefashos and Malkos.
With regard to Diynei Mamon, they argue over the Machlokes between Shmuel
and Rebbi Avahu. Shmuel holds 'Shenayim she'Danu, Dineihem Din'. Rebbi
Avahu - disqualifies the ruling of two Dayanim altogether.
(b) This Machlokes will involve Kareis and Chatas - in a case where two
Dayanim did indeed, extract money from Reuven to pay Shimon. According to
Shmuel, if Shimon subsequently betroths a woman with it, she is Mekudeshes,
whereas according to Rebbi Avahu, it is Gezel, and as we learned in a
Mishnah in Kidushin, 'ha'Mekadesh be'Gezel Einah Mekudeshes. Consequently,
if first Levi and then Yehudah betroth her, one of them will be Chayav
Kareis Mah Nafshach (either according to Shmuel or according to Rebi Avahu
respectively).
(c) And with regard to Diynei Nefashos, they argue over the Machlokes
between Rebbi and the Rabbanan. Rebbi holds 'Niskaven La'harog es Zeh
ve'Harag es Zeh', the murderer is Chayav to pay, whereas according to the
Rabbanan, he is Chayav Miysah (and Patur from paying), as we learned in
'ha'Nisrafin'.
(d) This Machlokes involves Kareis and Chatas in the same way as the
previous case - if the heirs seized the money from the murderer and then
used it to betroth a woman.
9)
And regarding Malkos, they argue over the Machlokes between Rebbi Yishmael,
who requires twenty-three Dayanim for Malkos, and the Rabbanan, who suffice
with three. This Machlokes might lead to Kareis or a Korban Chatas - if the
three Dayanim who gave Reuven Malkos subsequently paid him money (like Rebbi
Yishmael), which he then used to betroth a woman ... .
10)
(a) "Bein Nega la'Naga" comes to include the three kinds of Nega'im. The
Machlokes between the Zaken Mamrei and Beis-Din by 'Nig'ei Adam is that of
Rebbi Yehoshua and the Rabbanan. A Baheres requires two white hairs in the
middle of it - which must grow there (or turn white) after the appearance of
the Baheres in order to be a Si'man Tumah.
(b) The Rabbanan maintain that a Safek is Tamei. Rebbi Yehoshua says
'Keiheh', which (means that it became paler, and which) Rava interprets as
'Keiheh ve'Tahor' (just like it would be if it occurred during the days that
the Nega was locked up).
(c) This Machlokes might involve Kareis or Chatas - if the Safek
subsequently entered the Beis Hamikdash or ate Kodshim, where he would be
Chayav according to the Rabbanan, but not according to Rebbi Yehoshua.
11)
(a) With regard to Nig'ei Batim, they argue over the Machlokes between Rebbi
Elazar b'Rebbi Shimon and the Rabbanan in the Mishnah in Nega'im (which we
already discussed in ben Sorer u'Moreh). Rebbi Elazar b'Rebbi Shimon
requires the Shiur of two Gerisin by one, on two bricks of two walls in the
corner, where the two walls meet. The Rabbanan (who do not agree with Rebbi
Elazar b'Rebbi Shimon's D'rashah of "Kir" "Kiros"), consider the house Tamei
even if the bricks are not in the corner.
(b) This Machlokes might involve Kareis or Chatas - if someone entered a
Bayis ha'Menuga where the stricken bricks were on two sides of the house,
and not in the corner, and then entered the Beis Hamikdash or ate Kodshim,
according to the Rabbanan.
12)
(a) And regarding 'Nig'ei Begadim', they argue over the Machlokes between
Rebbi Nasan ben Avtulmus and the Rabbanan. Rebbi Nasan ben Avtulmus learns
from the 'Gezeirah-Shavah' "Karachas ve'Gabachas" (Nig'ei Begadim) from
"Karachas ve'Gabachas" (Nig'ei Adam) - that in the event that the Nega
spreads to the entire garment, it is Tahor.
(b) According to the Rabbanan - the Beged is Tamei.
(c) This Machlokes too, would lead to Kareis or Chatas - if the Nega spread
to the entire garment, and someone either took the garment into the Beis-
Hamikdash or touched it and went there himself, according to the Rabbanan,
but not according to Rebbi Nasan ben Avtulmus.
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