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|SANHEDRIN 88 (Shmini Atzeres) - l'Iluy Nishmas Chaim Noach ben ha'Chaver Reb Yehudah (Kruskal). Dedicated by his son and family.|
1. If a Nega on a garment spreads throughout the entire garment, there is a disagreement if it is Tahor.
2. If someone is Ma'arich an infant (i.e. he (pledges its "value" to Hekdesh) which is under the age of one month, there is a disagreement between Rebbi Meir and the Rabanan whether he must pay the value of the infant to Hekdesh.
3. There is a disagreement if an unspecified "Cherem" pledge is given to Bedek ha'Bayis or to the Kohanim.
4. If a married woman secludes herself with another man before a single witness, there is a disagreement if she must drink the Mei ha'Marim.
5. There is a disagreement from which part of the corpse Beis Din measures to determine the closest city, with regards to Eglah Arufah.
6. There is a disagreement whether a Metzora who is missing his right thumb, his big toe or his right ear can become Tahor.
7. There is a disagreement whether someone who forgot to separate Pe'ah must separate Pe'ah it after he already made the wheat into dough.
8. If a Zaken Mamrei ruled in accordance with what he heard from his mentors, there is a disagreement if he is Chayav.
9. A husband may be Mochel on his Kinuy and parents may be Mochel their son who is a Ben Sorer u'Moreh. However, there is a disagreement if the Beis Din may be Mochel a Zaken Mamrei.
10. Until the times of Beis Shamai and Beis Hillel there were few unresolved disagreements among the Chachamim.
11. A Zaken Mamrei is Chayav either if he acts upon his own ruling or if he rules for others and they act upon his ruling.
12. A Zaken Mamrei is not Chayav if he says that Tefilin is not Min ha'Torah. If he says Tefilin must have five Batim he is Chayav.
A BIT MORE
1. Rebbi Yonasan Ben Avtulmus maintains that just as a Nega on a person which spreads over the entire person is Tahor so too a Nega which spreads over an entire garment is also Tahor. The Rabanan disagree.
2. Although the Torah doesn't give an Erech for a child less than a month old, Rebbi Meir maintains that a person doesn't vow for no reason. He must have had in mind to give the value of the person instead. The Rabanan disagree and maintain that he is Patur.
3. Rebbi Yehudah Ben Beseirah maintains that a Stam Cherem is for the Bedek ha'Bayis and consequently the prohibition of Me'ilah applies. The Chachamim learn that a Stam Cherem is given to the Kohanim and the prohibition of Me'ilah doesn't apply.
4. Rebbi Eliezer maintains that although the husband must warn a Sotah in front of two witnesses, it is enough for the seclusion to be in front of one witness or even only in front of the husband in order to obligate the woman to drink the Mei ha'Marim. Rebbi Yehoshua disagrees and holds that if the seclusion is not in front of two witnesses she doesn't drink the Mei ha'Marim.
5. Rebbi Eliezer learns the Beis Din measures from the navel. Rebbi Akiva says from the nose and Rebbi Eliezer ben Yakov says from the neck.
6. The Chachamim maintain that since he is missing the limb, and it is not possible to place the blood of his Korban on it, he cannot become Tahor. Rebbi Eliezer says that the blood is placed where the limb would have been. Rebbi Shimon holds that it is placed on the left finger, toe or ear, if the right one is missing.
7. According to the Tana Kama a person must separate Pe'ah even after it was harvested. But once it was made into dough he was Koneh it with a Shinuy and is not obligated to separate the Pe'ah. Rebbi Yishmael says he must separate Pe'ah even after it is made it into dough.
8. According to Rav Kahana, a Zaken Mamrei is only Chayav if his ruling was based on *logic* while the ruling of Beis Din was based on a *tradition* from their mentors. According to Rebbi Elazar, even if the Zaken Mamrei ruled based on a *tradition* and the ruling of Beis Din was based on *logic* he is Chayav. Rebbi Elazar's reasoning is that the prohibition of Zaken Mamrei was meant to prevent the spread of Machlokes in Yisrael.
9. According to one opinion the Beis Din may be Mochel a Zaken Mamre. According to the other opinion they may not.
10. When there was a disagreement it would be brought to the Beis Din of their city. If the local Beis Din did not know the Psak, then it was brought to a higher Beis Din until it was brought to the Beis Din in the Lishkas ha'Gazis. If they had not learned the Din they ruled according to the majority opinion. There were many students of Shamai and Hillel who did not serve Talmidei Chachamim sufficiently and the Torah became like two Torahs.
11. If he acts upon his own ruling no Hasra'ah is necessary. If he gives an excuse why he did the act we don't accept it because he already heard the Din from the Sanhedrin.
12. Even though Tefilin is Min ha'Torah and the Din of four Batim is d'Rabanan, he is not Chayav for ruling that Tefilin is not Min ha'Torah. Since it is explicit in the Torah, it is not regarded as a ruling at all.
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