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SANHEDRIN 42
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SUMMARY

1. The blessing of ha'Tov v'ha'Meitiv is not recited on the new moon.
 
2. A person must stand while reciting Kidush Levanah.
 
3. Only a person who is proficient in Mishnah can truly participate in the battle of Torah.
 
4. If one witness says that the incident occurred before Neitz ha'Chamah and the other witness says that it occurred during or after Neitz ha'Chamah, their testimony is Batel.
 
5. If a student presents an argument in a case of Dinei Nefashos to acquit the defendant, he is brought up to sit together with the Sanhedrin and he is not sent back down.
 
6. If a Beis Din is still unable to reach a decision after judges have been added to the Beis Din, the defendant is Patur.
 
7. The Gadol of the judges declares "Nizdaken ha'Din."
 
8. The Beis ha'Sekilah was outside all three Machanos.
 
9. If the Beis Din was also located outside the city, the Beis ha'Sekilah would be located at a distance from the Beis Din.
 
10. Whenever a person was taken out to be stoned, a person would stand next to the Beis Din holding a flag, and a horse and rider would be situated at a distance from Beis Din from which the flag was visible, in case the defendant had to be brought back to Beis Din.
 
11. The Parim which are burned are taken out of all three Machanos.

A BIT MORE

1. Even though the world benefits from the constant increase in the moon's light during the first half of the month, the blessing of ha'Tov v'ha'Meitiv is not recited even according to Rav Yehudah, who maintains that Kidush Levanah may be recited only until the seventh day of the month and there is no other blessing to recite on the moon after that time. Just as the blessing of Dayan ha'Emes is not recited when the moon wanes because the decrease in its light is a normal process which occurs every month, the blessing of ha'Tov v'ha'Meitiv is not recited on the normal waxing of the moon and the concurrent increase in its light.
 
2. Since a person who recites Kidush Levanah is considered to be receiving the Divine Presence, a person is required to stand during Kidush Levanah for the Kavod of the Shechinah.
 
3. Only a person who has a broad knowledge of Mishnayos and Beraisos can attain a deep understanding of the Torah and reach a conclusion regarding the Halachah. This broad knowledge is necessary because the reason for a Din in one Mishnah sometimes must be derived from a different Mishnah, or a difficulty in one place can be resolved based on a statement that the same Chacham made elsewhere.
 
4. If one of the witnesses says that the incident occurred in the second hour of the day and the other witness says that it occurred in the third hour of the day, Beis Din still accepts their testimony because it is normal for a person to confuse those hours of the day. However, it is not normal for a person to err regarding Neitz ha'Chamah. Thus, if one witness says that the incident took place before the Neitz and the other witness says that it occurred at or after the Neitz, they are considered to be in contradiction to each other and their testimony must be rejected.
 
5. If the student's reasoning is accepted by the judges, he is never sent back down again. If the judges do not accept his reasoning, he must return to the students' seats on the following day, but he is kept among the judges for the rest of that day because if he were to be sent back down immediately, in front of everyone else, it would be embarrassing for him.
 
6. If judges are added to a Beis Din to reach a total of seventy-one judges, and thirty-six judges rule that the defendant is Chayav while thirty-five rule that he is Patur, they must debate with each other until one of the judges changes his mind. If none of the judges changes his opinion, the Ba'al Din is dismissed because a person can be sentenced to Misah only when he is found Chayav by a margin of at least two judges.
 
7. Rav Acha Brei d'Rav Ika maintains that the statement "Nizdaken ha'Din" means that the Din is very difficult and the judges must investigate it further. This statement is made in cases of Dinei Nefashos, since capital cases require very great deliberation. Rav Ashi maintains that it means that the Din has been investigated sufficiently and no more investigation is required, and the declaration is made in cases of Dinei Mamonos since they do not require as much deliberation as Dinei Nefashos cases require.
 
8. If a person was sentenced to Sekilah in Yerushalayim he was taken all the way outside all three Machanos (the Azarah, the Har ha'Bayis, and the entire city, which corresponded to the Machaneh Shechinah, the Machaneh Leviyah, and the Machaneh Yisrael) to be stoned. If he was sentenced in one of the other cities in Eretz Yisrael, he was taken out of the city to be stoned.
 
9. The Beis ha'Sekilah was built at a distance from the Beis Din so that the Beis Din would not appear like murderers and so that whenever a person was sentenced to Sekilah, the sentence would not be able to be carried out immediately and there would be time for a reason to be found to overturn the Din.
 
10. If a person is taken out to be stoned and then one of the judges finds a reason to acquit him, the flag is waved as a signal to the horseman, and the horseman intercepts the execution party and orders them to return to Beis Din. Furthermore, the condemned person is brought back to Beis Din even if he wishes to argue on his own behalf. He can make this claim and be returned to Beis Din even four or five times, as long as he has something reasonable to say on his own behalf.
 
11. The Par He'elem Davar and the Par Kohen Mashiach are Korbanos which are completely burned rather than being eaten. They are burned outside all three Machanos, in the place where the ashes from the Mizbe'ach are placed when they are taken out.

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