SANHEDRIN 10 (3 Av) - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and her husband Dr. Andy Koenigsberg. May his love for Torah and for Eretz Yisrael continue in all of his descendants.

[10a - 47 lines; 10b - 51 lines]

1)[line 1] PELONI BA AL ISHTI- [if one testifies,] "So-and-so had relations with my wife [and they were both willing participants]"

2)[line 3] MEFALGINAN B'DIBURA (PALGINAN DIBURA - Splitting the Words of a Statement)

(a)Tana'im disagree as to whether or not it is possible to act upon one part of a person's statement while disregarding the other half. See Background to Sanhedrin 9:27b.

(b)In our Gemara, this concept is applied such that the testimony is accepted as far as the man who committed adultery is concerned, but not regarding the woman with whom he committed the sin, since she is the wife of the witness.

3)[line 3] !HAINU HACH!- this is that same as that [case just discussed; namely; that in which one testifies that another man sodomized him with his consent]

4)[line 6] NA'ARAH HA'ME'ORASAH - A Betrothed Maiden

(a)One who commits adultery with a married woman after having been properly warned of the consequences by two valid witnesses receives the death penalty of Chenek (choking). If the woman was a willing participant in the act, then she too receives Chenek.

(b)One exception to this rule is if the woman was a Na'arah Besulah Me'urasah, a virgin (Besulah) during her first six months after reaching her physical maturity (Na'arah) who had been betrothed with Kidushin (Me'orasah) but not fully married (Nisu'in). In this case, the adulterer and adulteress receive Sekilah (stoning) instead of Chenek (Devarim 22:22-24).

5)[line 6]HUZMU (EDIM ZOMEMIM - Plotting Witnesses)

See Background to 8:53.

6)[line 7] EIN MESHALMIN MAMON- they need not pay [for the market value of her Kesuvah (Tovas Hana'ah) which she would have lost, since they did not specify which Na'arah Me'urasah was involved in the supposed act of adultery]

7)[line 7] BITO SHEL PELONI- [if they specified that it was] so-and-so's daughter [who was the Na'arah Me'urasah involved in the supposed act of adultery]

8)[line 8] MAMON L'ZEH U'NEFASHOS L'ZEH- [since (unlike the case at the end of 9b) they attempted to cause] this one (namely, her father) [a loss of] money (since all money brought in by a Na'arah prior to Nisu'in belongs to her father) and this one (namely, she herself as well as the man involved) [a loss of] life

9)[line 9] RAVA HA'SHOR- had relations with a bull (an act punishable by Sekilah (stoning))

10)[line 12]SU- further (case)

11)[line 13] KA BA'I BE'AYA ILAVEI- he asks a question regarding it

12)[line 16] , BASAR D'BE'AYA, HADAR PASHTA- after he asked [the question], he subsequently answered it

13)[line 20]"[ , ] ; , ""[KI YIHYEH RIV BEIN ANASHIM, V'NIGSHU EL HA'MISHPAT] U'SHFATUM; V'HITZDIKU ES HA'TZADIK, V'HIRSHI'U ES HA'RASHA"- "[If there shall be a controversy between men, then they should come to judgment and the judges shall judge them;] and they shall justify the righteous, and condemn the wicked" (Devarim 25:1). The plural of the word "u'Shfatum" - "and [the judges] shall judge them" - implies a minimum of two judges.

14)[line 20] EIN BEIS DIN SHAKUL- a Beis Din cannot be even; i.e., it must consist of an odd number judges such that they cannot reach a hung verdict

15)[line 22]"... ""V'HITZDIKUV'HIRSHI'U"- see above, entry #13

16)[line 22] HAREI KAN SHIV'A- this implies seven judges. This is because, in addition to the word "u'Shfatum," the words "v'Hitzdiku" - "and they shall justify" - and the word "v'Hirshi'u" - "and they shall condemn" - each imply the existence of another two judges. This is a total of six. Since a Beis Din cannot have an even number of judges, it must therefore have seven judges.

17)[line 25]" , ""VA'ASISEM LO KA'ASHER ZAMAM LA'ASOS L'ACHIV, [U'VI'ARTA HA'RA MI'KIRBECHA'"- "And you shall do unto him as he plotted to do to his brother, [and you shall purge the evil from your midst]" (Devarim 19:19). This verse is written regarding Edim Zomemim.

18)[line 26]SHE'LOKIN- that they receive Malkus (lashes) when it is not possible for them to receive that which they attempted to visit upon their victim. One example of this is Edim Zomemim who testify that a certain Kohen is the son of a divorcee, and therefore unfit as a Kohen. Even if they themselves are Kohanim, we do not punish their descendants by removing them from the Kehunah; rather, the Edim Zomemim receive Malkus.

19)[line 29]" , [ , ""[V'HAYAH] IM BIN HAKOS HA'RASHA..."- "And if it shall be that the wicked man deserves lashes, [then the judge shall cast him down and strike him in his presence, of a certain number according to his wickedness]" (Devarim 25:2). This verse, which refers to 40 (actually 39) lashes, follows the one cited earlier in entry #13.

20)[line 31] SHAVINHU L'HANACH- cause the other [witnesses] to become

21)[line 32] V'TEIPOK LEI- lit. and bring it out from; i.e., why can we not learn that Edim Zomemin receive Malkus from the following verse?

22)[line 33]"... [ ]""... LO SA'ANEH V'REI'ACHA ED SHAKER"- "... do not bear false witness against your neighbor" (Shemos 20:13). This verse is part of the Aseres ha'Dibros (Ten Commandments).

23)[line 34] , KOL LAV SHE'EIN BO MA'ASEH, EIN LOKIN ALAV

(a)A Lav she'Ein Bo Ma'aseh is a Torah prohibition that is transgressed without the performance of an action. One example of such a prohibition is the prohibition against leaving the meat of a Korban Pesach uneaten until the next morning (Shemos 12:10). Tana'im disagree (Makos 4b et al.) as to whether or not one receives lashes for transgressing this type of Lav.

(b)Edim Zomemim transgress the prohibition against bearing false testimony through speech. Speech is not Halachically considered an action.

24)[line 37] "" ""ASYA "RASHA" "RASHA" (GEZEIRAH SHAVAH - A Derivation Equating Two Subjects Utilizing a Common Word or Phrase)

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Gezeirah Shavah, in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.

(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.

(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah." This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.

(d)There are three possible configurations of a Gezeirah Shavah:

1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.

2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against comparing the two sections. This status is known as "Lemedin u'Meshivin." Others rule that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim.

3.EINO MUFNEH KOL IKAR - If neither word is free, then those who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied the status of Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.

25)[line 37] CHAYAVEI MISOS- those who are liable to receive the death penalty from Beis Din (see Background to 41:4)

26)[line 39]"[ ,] ; [ ]""[V'LO SIKCHU CHOFER L'NEFESH ROTZE'ACH,] ASHER HU RASHA LA'MUS; [KI MOS YUMAS]"- "[And take no ransom for the life of a murderer,] who is wicked and liable for the death penalty; [but rather he shall surely die]" (Bamidbar 35:31).

27)[line 41] MALKUS B'MAKOM MISAH OMEDES- lashes stand in place of the death penalty [since he deserves to die for flaunting the will of his Creator]

28)[line 42]UMDENA (MALKUS ARBA'IM - Forty Lashes)

(a)One is liable to receive Malkus Arba'im (lit. forty lashes; actually thirty-nine) if he transgresses a Lav (negative Torah commandment) after having been warned that this would be his punishment by at least two valid witnesses (Devarim 25:2). These lashes may only be administered in Eretz Yisrael by a court of three judges who are Semuchin (Halachically ordained).

(b)Malkus are delivered three at a time. The court first determines how many lashes the culprit is able to withstand. This determination is termed "Umdena." He is then instructed to stand against a post and his clothes are ripped to reveal his heart. Beis Din chooses a weak Torah scholar to stand behind him upon a rock and deliver the blows. One third land upon his chest, one third upon his shoulder, and the remaining third upon his other shoulder (Makos 22b).

(c)Before each blow, the deputy judge announces the number of the lash and a third judge proclaims "Hakehu!" - "Whip him!" During the whipping, the senior judge reads aloud the verse, "If you do not carefully perform all the commandments in this Torah... then HaSh-m will cause you to receive extraordinary blows..." (Devarim 28:58-59).

29)[line 43]LIMCHAYEI- let us whip him [the full number of lashes]

30)[line 44]"[ , ; ,] ""... V'NIKLAH ACHICHA L'EINECHA"- "[Whip him forty times, do not add on; lest you continue to strike him in addition to these a great blow,] and your bother become lessened in your eyes" (Devarim 25:3). The words "your brother" imply that he is a live Jew.

31)[line 44] , KI MACHIS, A'GABA D'CHAYEI MACHIS- [the verse implies that] when you strike, strike the back of a person who is alive [throughout the entire process]

32)[last line]L'HISHTALESH- to be divided into thirds

33)[last line] TAMNEI SREI- eighteen

10b----------------------------------------10b

34)[line 4] ACHAR SHE'LAKAH ACHICHA BA'INA- [the verse also implies that] after he is struck we require [that he remain] "your brother"

35)[line 5]CHISHUV- the calculation [of whether to make the month 30 days or 29 days; see Erchin 8b)

36)[line 5]KIDUSH (KIDUSH HA'CHODESH - The Sanctification of the New Month)

(a)The secular calendar is a solar calendar. Each year's length corresponds with the time it takes the earth to complete one revolution around the sun. Each solar month, therefore, is one-twelfth of this period of time, which is equal to a period of time between 30 and 31 days. The Jewish calendar, however, is a lunar calendar. This means that each month in the Jewish year is determined by the time it takes the moon to complete one revolution around the earth. A lunar year is a period of twelve such months. Since the moon completes its cycle in a bit more than 29 and one half days, each lunar month is either 29 or 30 days, and a lunar year is approximately 354 days.

(b)The beginning of each lunar month is at the point after which the old moon has completely waned, as it begins to wax anew. The Jewish month does not begin, however, until it is determined by the Beis Din. Witnesses who saw the new moon give testimony the next morning in a Beis Din of three judges appointed by the Sanhedrin of the Lishkas ha'Gazis (the Jewish Supreme Court), which convenes in a chamber of the Beis ha'Mikdash. Rosh Chodesh is then declared, which is Day 1 of the new month. (In the current fixed calendar, in the absence of a Sanhedrin, the months generally alternate between 29 and 30 days, except for Cheshvan and Kislev, which are adjusted based on various factors.)

(c)Must an official proclamation (Kidush ha'Chodesh) be made by the Beis Din in a case when the new moon was sighted in the evening following day 29 of the previous month, following day 30, neither, or both? Our Gemara will cite the various opinions of the Tana'im.

37)[line 8] IBUR HA'SHANAH - Extending the Year

(a)A solar year is approximately eleven days longer than a lunar year (see previous entry, (a)). In order to ensure that the lunar months occur in the proper seasons, Beis Din will declare a Shanah Me'uberes (leap year) every 2-3 years. A Shanah Me'uberes has thirteen months instead of twelve. The extra month is an additional month of Adar; the second Adar is the one in which Purim is observed (i.e., the first Adar is the extra month). The decision to make the year Me'uberes must be made prior to accepting witnesses for the sanctification of the month (see previous entry) that follows Adar. If the year is to be a leap year, then it is declared Adar ha'Sheni; if not, then it is declared Nisan. In the current fixed calendar, a Shanah Me'uberes occurs seven times in every nineteen-year cycle.

(b)The principle consideration in adding an extra month to the year is to insure that Pesach falls in the season of Aviv (spring; lit. "ripening grain") (see Devarim 16:1). Beis Din determines the time of Aviv based upon the following three variables: the vernal equinox; the occurrence of the Aviv season in the districts of Yehudah, Ever ha'Yarden, and the Galil; and the timely blossoming of the fruit trees. The first variable is straightforward; if the spring equinox will fall on the 16th of Nisan or later (i.e., on the day of the Omer offering it will still be winter), then that month should be declared Adar ha'Sheni instead. The next two variables are interrelated. The Chachamim first observe the development of the ripening grain, and then reckon whether or not those fruits which are normally ripe when Pesach arrives will have ripened. If the grain and fruits are each late in two out of the three aforementioned districts, then the month is declared Adar ha'Sheni, even if the equinox would fall before the 16th of Nisan.

(c)Aside from the principal reason of insuring that Pesach occurs in its proper season, there are four possible additional reasons to add an extra month to the year. These are: 1) the roads are impassable, making it impossible for those who live outside of Yerushalayim to reach the Beis ha'Mikdash in time to offer the Korban Pesach; 2) the bridges are washed out and the journey to Yerushalayim is impossible or dangerous for those who live outside of Yerushalayim; 3) those who live outside of Yerushalayim have started their journey, but will not arrive in Yerushalayim on time; 4) the clay ovens in Yerushalayim used to roast the Korban Pesach became wet during the rainy season, and now must dry out in the sun (Sanhedrin11a-b).

38a)[line 10] YOM IBUR- lit. the day of extension; i.e., what would have been the thirtieth day of the previous month, but is now Rosh Chodesh of the new month, since the previous month was held to 29 days (due to witnesses who saw the new moon)

b)[line 11] ACHAR IBUR- lit. the day after extension; i.e., the day after the thirtieth day of the previous month, which is now Rosh Chodesh of the new month (i.e., in this case, no witnesses came forward on the previous day, making it the thirtieth day of the previous month by default)

39)[line 13] IM LO NIR'EH BI'ZEMANO- if [the new moon] is not seen in its time (i.e., the thirtieth day since the previous Rosh Chodesh)

40)[line 16]PLIMO- the name of a Tana

41)[line 21] , CHISHUV CHODESH IN, KIDUSH CHODESH LO- [the implication of explaining the Mishnah in this manner is that] calculation of [whether or not to extend] the month does [require a Beis Din of three], [but] the sanctification of the [new] month does not [require a Beis Din of three]

42)[line 24]" ...""V'KIDASHTEM ES SHENAS HA'CHAMISHIM SHANAH..."- "And you shall sanctify the fiftieth year..." (Vayikra 25:10). This verse refers to the year of Yovel (see Background to Kidushin 58:17).

43)[line 30] ECHAD OMER LEISHEV- if one [of the three members of Beis Din] maintains that they should sit [in deliberation over whether or not to extend the year]

44)[line 34]TZERICHAH- it is necessary [to extend the year]

45)[line 37]HA'MINYAN- the number [of judges necessary to extend the year]

46)[line 39] CHAD D'IMEI- one who was with him [of lesser scholarship]

47)[line 39]MANU?- who was he?

48)[line 42] BIRKAS KOHANIM - The Priestly Blessings

(a)Kohanim are obligated to confer a tri-fold blessing upon the rest of Klal Yisrael. The blessings themselves are enumerated in three separate verses (Bamidbar 6:22-27), and Kohanim fulfill a separate Mitzvah with the pronouncement of each one (Menachos 44a).

(b)In the Beis ha'Mikdash, the name of HaSh-m (i.e., the Tetragrammaton) in these blessings was pronounced explicitly. This practice continued for as long as the presence of HaSh-m was clearly felt there. It ceased with the death Shimon ha'Tzadik (Tosfos to Sotah 38a DH Harei Hu Omer).

(c)The first verse of Birkas Kohanim contains three words, the second verse five, and the third verse seven.

49a)[line 43]... SHELOSHAH... SHOMREI HA'SAF- three guardians of the gates; alt. guardians of the vessels (see Melachim II 25:18)

b)[line 43] CHAMISHA ME'RO'EI PNEI HA'MELECH- [a subset of] five of the officials who "see the face of the king" (see Melachim II 25:19)

c)[line 43] SHIV'A RO'EI PNEI HA'MELECH- seven officials who "see the face of the king" (see Esther 1:14). Just as tiers of officials corresponding to these numbers are found in earthly kingdoms, so too, we use these groupings for Ibur ha'Shanah, which is an "official protocol" of the heavenly kingdom.

50)[line 47] AD HA'IDNA- until now

51a)[line 47] []LO HAVAH YADAINA D'TZERICHISU [LAH]- I did not know that you required [this knowledge]

b)[line 48] ?MI BA'ISU MINA'I MILSA V'LO AMRI LECHU?- did you ask of me something and I did not tell it to you?

52)[line 50] ZMAN NASI TZARICH GEDI SIMAN - This is a mnemonic device for remembering the four Beraisos that follow, all of which detail Halachic aspects of establishing a leap year (see also a longer mnemonic in DIKDUKEI SOFERIM). The Siman refers to the following words:

1."ZMAN" - " " "b'Mezumanin Lah" (11a, line 1)

2."NASI" - " " "Ela Im Ken Yirtzeh Nasi" (11a, line 40)

3."TZARICH" - " " "Ela Im Ken Hayesa Tzericha" (11a, line 44)

4."GEDI" - " " "Lo mi'Pnei ha'Gediyim" (11a, line 47)

OTHER D.A.F. RESOURCES ON THIS DAF