SANHEDRIN 16 (Tisha b'Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi, whose Yahrzeit is on 10 Av.

1)THINGS THAT REQUIRE 71 JUDGES

(a)Answer #3 (Ula): The Mishnah discusses inheritances of Shevatim, like the initial inheritance of Eretz Yisrael.

1.Just like the initial inheritance of Eretz Yisrael required 71 judges, also future inheritances.

(b)Rejection: If so, just like the initial inheritance of Eretz Yisrael required a lottery, the Urim v'Tumim and the presence of all of Yisrael, also future inheritances should!

1.Rather, we must answer like Rav Masnah.

(c)Defense of Answer #1 (Ravina): Really, it was enticed to serve idolatry;

1.Granted, the transgressors are killed like individuals, by stoning, but they must be judged by the Great Sanhedrin.

2.(R. Chama bar Yosi): "V'Hotzeisa Es ha'Ish ha'Hu Oh Es ha'Ishah... El She'arecha" - you take a man or woman (who served idolatry) to your gates, but you do not take an entire city to your gates (rather, to the Great Sanhedrin, to be judged like an Ir ha'Nidachas);

3.Likewise, you take a man or woman to your gates, but not an entire Shevet to your gates.

(d)(Mishnah): Seventy-one judges are needed to judge a false Navi.

(e)Question: What is the source of this?

(f)Answer #1 (R. Yosi bar Chanina): He learns from a Gezerah Shavah "Hazadah-Hazadah" from Zaken Mamrei. Just like a Zaken Mamrei is judged by 71, also a false Navi.

(g)Objection: It says "Hazadah" regarding the death of a Zaken Mamrei, and this can be through a Beis Din of 23 (on condition that he rebelled against the Great Sanhedrin)!

(h)Answer #2 (Reish Lakish): He learns from a Gezerah Shavah "Davar-Davar" from the rebellion of a Zaken Mamrei. Just like he must rebel against 71, also a false Navi must be judged by 71.

(i)Question: After having learned that a false Navi must be judged by 71, he should learn from "Hazadah-Hazadah" to Zaken Mamrei that 71 judges are required to kill him!

(j)Answer: He has a tradition (from Moshe from Sinai) for "Davar-Davar", but he has no tradition for "Hazadah- Hazadah." (One needs a tradition to learn from a Gezerah Shavah.)

2)JUDGING A KOHEN GADOL

(a)(Mishnah): (Seventy-one judges are needed to judge) a Kohen Gadol (in capital cases).

(b)Question: What is the source of this?

(c)(Rav Ada bar Ahavah): "Kol ha'Davar ha'Gadol Yavi'u Elecha" refers to matters of a Gadol.

(d)Question (Beraisa #1): 'Davar Gadol' refers to a difficult matter;

1.Question: Perhaps it refers to matters of a Gadol!

2.Answer: "Es ha'Davar ha'Kasheh Yevi'un El Moshe" shows that it refers to difficult matters.

(e)Answer: Rav Ada bar Ahavah holds like the following Tana.

1.(Beraisa #2): 'Davar Gadol' refers to a matters of a Gadol;

2.Question: Perhaps it refers to difficult matters!

3.Answer: "Es ha'Davar ha'Kasheh Yevi'un El Moshe" already teaches about difficult matters, so 'Davar Gadol' must refer to a matters of a Gadol.

(f)Question: According to the first Tana (i.e. Beraisa #1), why do we need two verses to teach about difficult matters?

(g)Answer: One was the command to bring the difficult matters to Moshe. The other teaches that they actually did so.

1.The second Tana says, if they referred to the same thing, both verses would use the same word ('Gadol' or 'Kasheh');

2.Since the verses use different words, they refer to different things.

(h)Question (R. Elazar): How many judges are required to kill the Kohen Gadol's ox?

1.Do we say that the Torah equates killing the ox to killing its owner, so 71 are required?

2.Or, do we equate it to killing a regular owner, so 23 suffice?

(i)Inference (Abaye): R. Elazar only asked regarding killing his ox, for it is clear to him that three suffice to judge a Kohen Gadol in monetary cases.

(j)Question: This is obvious!

(k)Answer: One might have thought that "Kol ha'Davar ha'Gadol" teaches about all matters of a Gadol. Abaye teaches that this is not so.

3)THINGS THAT REQUIRE 71 JUDGES

(a)(Mishnah): Seventy-one judges are needed to decide to go to an optional war;

(b)Question: What is the source of this?

(c)Answer #1 (R. Avahu): "V'Lifnei Elazar...";

1."Hu" refers to (Yehoshua, who will be) the king. "V'Chol Bnei Yisrael Ito" refers to the Meshu'ach Milchamah (the Kohen who speaks to the soldiers in war). "V'Chol ha'Edah" refers to the Sanhedrin.

(d)Rejection: Perhaps the verse does not refer to deciding to go to war. Rather, it teaches for whose needs we ask of the Urim v'Tumim! (Mesores ha'Shas - it is difficult to resolve this with Yoma 73b. There, R. Avahu himself expounds this verse to teach for whose needs we ask of the Urim v'Tumim! Perhaps R. Avahu retracted after he heard this rejection. Alternatively, the text here should say 'ked'Amar R. Avahu...' - PF)

(e)Answer #2: We learn from Rav Acha bar Bizna's teaching.

1.(Rav Acha bar Bizna): There was a harp above David'd bed. At midnight, the north wind would start blowing, making music. David would wake up and learn Torah until morning.

2.In the morning, Chachamim came and said that Yisrael cannot finance themselves. David authorized them to go to war.

3.They took counsel with Achisofel and the Sanhedrin, and asked the Urim v'Tumim.

4.(Rav Yosef): Rav Acha learns from "v'Acharei Achitofel Yehoyada ben Benayahu v'Evyasar v'Sar Tzava la'Melech Yo'av";

16b----------------------------------------16b

i.Achisofel was for counsel - "v'Atzas Achisofel Asher Ya'atz (was like asking Hash-m)"

ii.Yehoyada ben Benayahu was the head of the Sanhedrin. Evyasar would ask from the Urim v'Tumim - "u'Vnayahu ben Yehoyada Al ha'Keresi veha'Pelesi" (first, Benayahu ben Yehoyada was head of the Sanhedrin. Later, his son Yehoyada was the head).

iii.Question: Why is the Urim v'Tumim called Keresi and Pelesi?

iv.Answer: Keresi - they Kores (cut, i.e. enforce) their words. Pelesi - their acts are Mufla'im (wondrous).

v.Later, they went to "Sar Tzava la'Melech Yo'av."

5.Question: What is the source that the harp would arouse David?

6.Answer: "Urah Chevodi Urah ha'Nevel v'Chinor A'irah ha'Shachar."

(f)(Mishnah): Seventy-one judges are needed to add to Yerushalayim.

(g)Question: What is the source of this?

(h)Answer (Rav Simi bar Chiya): "K'Chol Asher Ani Mar'eh Osecha Es Tavnis ha'Mishkan v'Es Tavnis Kol Kelav v'Chen Ta'asu" (Moshe, who is like 71, supervised the building of the Mishkan and its Kelim) - you must do similarly for future generations.

(i)Question (Rava - Beraisa): All the Kelim that Moshe made were anointed (with oil) to Mekadesh them for the Avodah;

1.For future Kelim, using them for Avodah is Mekadesh them.

2.We do not say 'you must do similarly for future generations'!

(j)Answer: A verse teaches that future Kelim are not anointed. "Va'Yimshachem va'Ykadesh Osam" - they were anointed, but future Kelim will not be anointed.

(k)Question: Perhaps they were anointed, but future Kelim may be inaugurated through anointing or Avodah!

(l)Answer (Rav Papa): "Asher Yesharasu Vam ba'Kodesh" teaches that Sherus (Avodah) is Mekadesh them.

(m)Question: If so, what do we learn from "Osam"?

(n)Answer: Had it not said "Osam", one might have thought that future Kelim are inaugurated through anointing and Avodah, to fulfill "v'Chen Ta'asu";

1."Osam" teaches that they were anointed, but future Kelim will not be anointed.

(o)(Mishnah): Seventy-one judges are needed to establish a Sanhedrin for a Shevet.

(p)Question: What is the source of this?

(q)Answer: Moshe set up a Sanhedrin for each Shevet, and he is like 71.

(r)(Beraisa) We learn that we must set up judges in Yisrael from "Shofetim (v'Shoterim) Titen"; we learn to set up Shoterim (people to strike those who do not obey the judge) in Yisrael from "v'Shoterim Titen";

1.We learn that we must set up judges (and Shoterim) for every Shevet from "Shofetim... li'Shvatecha" (and "v'Shoterim... li'Shvatecha");

2.We learn that we must set up judges (and Shoterim) for every city from "Shofetim... b'Chol She'arecha" (and "v'Shoterim... b'Chol She'arecha");

3.Version #1 (Rashi): R. Yehudah says, one (Great) Sanhedrin is appointed over all of them - "Titen Lecha."

4.Version #2 (Tosfos): R. Yehudah says, one (the greatest Chacham, the Av Beis Din) is appointed over the Beis Din - "Titen Lecha."

5.R. Shimon ben Gamliel says, "li'Shvatecha v'Shofetu" teaches that each Shevet should judge the people of its Shevet.

4)MAKING AN IR HA'NIDACHAS

(a)(Mishnah): Seventy-one judges are needed to make an Ir ha'Nidachas (a city destroyed because its majority served idolatry).

(b)Question: What is the source of this?

(c)Answer (R. Chiya bar Yosef): "V'Hotzeisa Es ha'Ish ha'Hu Oh Es ha'Ishah... El She'arecha" - you take a man or woman to your gates, but you do not take an entire city to your gates (rather, to the Great Sanhedrin).

(d)(Mishnah): We do not make an Ir ha'Nidachas near the border of Eretz Yisrael.

(e)We learn from "mi'Kirbecha" - not from the border.

(f)(Mishnah): We do not make three such cities.

(g)We learn from "Achas". However, we may make two, for it says "Arecha."

(h)(Beraisa): "Achas" - we may not make three;

(i)Suggestion: Perhaps this teaches that we may not make even two!

(j)Rejection: "Arecha" teaches that we may make two. "Achas" must exclude three.

(k)(Rav): One Beis Din may not make three such cities, but different Batei Din may make three cities.

(l)A different time, Rav taught that even different Batei Din may not make three cities.

(m)Question: What is the reason?

(n)Answer: We do not want to make Eretz Yisrael desolate.

(o)(Reish Lakish): We may not make three such cities in one region, we may make three such cities in two or three regions.

(p)(R. Yochanan): We may not make them, for this will make Eretz Yisrael desolate.

(q)Support (for R. Yochanan - Beraisa): We may not make three such cities in Eretz Yisrael. We may make two, e.g. one in Yehudah and one in Galil;

1.We may not make two such cities in Yehudah (or two in Galil);

2.We may not make even one such city near the border.

3.Question: What is the reason?

4.Answer: Perhaps the Nochrim will find out, and make Eretz Yisrael desolate.

5.Question: We should learn from "mi'Kirbecha" (from your innards), not near the border!

6.Answer: The Beraisa is like R. Shimon, who contemplates the reasons for Mitzvos and learns Halachos from the reasons.

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