1)DOES MISAS BEIS DIN OVERRIDE AVODAH? (cont.)

(a)Answer #1 (Rava): (You cannot say that "me'Im Mizbechi Tikachenu Lamus" refers only to a Korban Yachid, because) a Kal va'Chomer should teach that Misas Beis Din does not override Avodah, even for a Korban Yachid!

1.A Korban Yachid (Shelamim) overrides Yom Tov, but Misas Beis Din does not override Yom Tov. All the more so, Misas Beis Din does not override a Korban Yachid!

(b)Question: (Rava assumed that a Korban Yachid overrides Yom Tov.) This is like the opinion that we may offer Nedarim (a vow to bring an animal) and Nedavos (one said 'this animal is a Korban) on Yom Tov;

1.However, according to the opinion that we may not offer Nedarim and Nedavos on Yom Tov, how can he answer Abaye?

(c)Answer #2 (Rava): According to the opinion that we may offer Nedarim and Nedavos on Yom Tov, "me'Im Mizbechi" refutes Abaye's Kal va'Chomer (like above);

1.Even according to the opinion that forbids Nedarim and Nedavos on Yom Tov, "me'Im Mizbechi" denotes the (Korban on the) Mizbe'ach special to Hash-m, i.e. the Tamid. This is a Korban Tzibur, and the Torah commands to kill the Kohen before he does the Avodah!

2)THE GREATEST CHACHAM

(a)(Mishnah): In monetary cases or questions of Tum'ah...

(b)(Rav): I was counted on Rebbi's Beis Din, and I used to begin.

(c)Question: The Mishnah says that we begin with the greatest (for everything except for capital cases, which they did not judge in Rebbi's time)!

(d)Answer (Rabah brei d'Rava): Rebbi's Beis Din was different. They always used to begin with an intermediate Chacham (due to Rebbi's humility).

(e)(Rabah brei d'Rava): From the time of Moshe until Rebbi, the greatest Chacham was never the executive leader of Yisrael.

(f)Question: Yehoshua was the greatest Chacham, and also the leader!

(g)Answer: There was a Chacham as great as him, Elazar ha'Kohen.

(h)Questions: Each of the following was the greatest Chacham of his time, and also the leader: Pinchas, Sha'ul, David, Shlomo, Chizkiyah, and Ezra!

(i)Answer: Each had another Chacham as great as him. Pinchas had the Zekenim (Shofetim), Sha'ul had Shmuel, David had Ira ha'Ye'iri, Shlomo had Shim'i ben Gera, Chizkiyah had Shevna, and Ezra had Nechemyah.

(j)Questions: After Shmuel died, Sha'ul was the greatest Chacham! Shlomo was the greatest after he killed Shim'i, and Chizkiyah was the greatest after Shevna died!

(k)Answer: Rabah meant that no one between Moshe and Rebbi was the greatest Chacham all the years that he was the leader.

(l)(Rav Ada bar Ahavah): Likewise, from the time of Rebbi until Rav Ashi, the greatest Chacham was never the leader.

(m)Question: There was Huna bar Noson (he was as powerful as Rav Ashi)!

(n)Answer: Huna was submissive to Rav Ashi.

(o)(Mishnah): In capital cases we begin with an intermediate Chacham.

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

(q)Answer #1 (Rav Acha bar Papa): "Lo Sa'aneh Al Riv" - we read this 'Al Rav', do not argue with the greatest Chacham. (If the greatest begins, perhaps he will give a reason for Chiyuv, and no one will argue with him. Others may question the Rav (Tosfos), but perhaps they will refrain.)

(r)Answer #2 (Rabah bar bar Chanah): "Va'Yachgeru Ish Es Charbo Gam David" (others began to judge Naval for rebellion against the king, and then David joined them).

3)COUNTING A REBBI AND HIS TALMID

(a)(Rav): In capital cases, one may explain the reasons for Zechus and Chiyuv to his Talmid, and the Talmid is also counted in the vote on the verdict.

(b)Question (Beraisa): In cases of Tum'ah, a father and his son, or a Rebbi and his Talmid, count like two;

1.In monetary cases, capital cases, lashes, Kidush ha'Chodesh, and Ibur Shanah, a father and his son (or a Rebbi and his Talmid) count like only one.

36b----------------------------------------36b

(c)Answer: Rav referred to Talmidim such as Rav Kahana and Rav Asi, who needed to hear teachings from a Rebbi, but could reason by themselves, and did not need a Rebbi for this.

4)WHO MAY JUDGE CAPITAL CASES

(a)(R. Avahu): There are 10 differences between monetary and capital cases. The only one that applies to an animal that is stoned (for killing a Yisrael) is that 23 judges are required.

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

(c)Answer (Rav Acha bar Papa): "Lo Sateh Mishpat Evyoncha b'Rivo" - you do not tilt (to Mechayev through a majority of one) the judgment of the poor, but you may tilt the judgment of an ox.

(d)Question: Our Mishnah teaches nine differences, and not 10!

1.Question: It teaches 10!

2.Answer: Two of these 10 are counted like one (23 judges are required, and not everyone is qualified to judge capital cases. Both of these are because a Sanhedrin is required.)

(e)Answer: A Beraisa teaches the 10th.

1.(Beraisa): We do not put on the Sanhedrin one who is old (and has forgotten the pain of raising children), a Seris, or one who has no children.

2.R. Yehudah says, also a cruel person is disqualified.

3.The opposite applies to a Mesis (we prefer such judges) - "Lo Sachmol v'Lo Sechaseh Alav."

(f)(Mishnah): Everyone is qualified to judge monetary cases.

(g)Question: What does this come to include?

(h)Answer (Rav Yehudah): It includes a Mamzer.

(i)Question: Rav Yehudah already taught this (from a different Mishnah)

1.(Mishnah): Anyone proper to judge capital cases is proper to judge monetary cases;

2.There is someone qualified for monetary cases who is disqualified for capital cases.

3.Question: What does this come to include?

4.Answer (Rav Yehudah): It includes a Mamzer.

(j)Answer: One Mishnah includes a convert, and one includes a Mamzer. It needed to teach both.

1.Had we taught only about a convert, one might have thought that he is Kosher for monetary cases, for he can marry a Bas Yisrael, but a Mamzer is disqualified;

2.Had we taught only about a Mamzer, one might have thought that he can judge monetary cases, for he was conceived by Yisraelim, but a convert would be disqualified.

(k)(Mishnah): Not everyone is qualified to judge capital cases (only Yisraelim who may marry a Bas Kohen).

(l)Question: What is the reason?

(m)Answer (Rav Yosef): Just like Beis Din are clean from transgressions, they must be clean from all blemishes (of lineage).

(n)(Ameimar): We learn from "Kulach Yafah Rayasi u'Mum Ein Bach."

(o)Question: Perhaps it refers to physical blemishes!

(p)Answer #1 (Rav Acha bar Yakov): "V'Hisyatzvu Sham Imach" - they must resemble you (Moshe), i.e. have proper lineage.

(q)Objection: Perhaps Moshe's Sanhedrin needed proper lineage in order that the Shechinah should rest on it (but later Sanhedriyos do not)!

(r)Answer #2 (Rav Nachman bar Yitzchak): "V'Nas'u Itach" - they must resemble you. (This verse discusses judges appointed like Yisro suggested, to judge the people, and not for the Shechinah to rest on them).

5)HOW A SANHEDRIN SITS

(a)(Mishnah): (Even a small) Sanhedrin sat in a semi-circle, in order that they see each other.

(b)One scribe stands to the right of the judges and writes the words of the Mezakim, and one scribe stands to the left and writes the words of the Mechayvim.

(c)R. Yehudah says, there are three scribes. One writes the words of the Mezakim, one writes the words of the Mechayvim, and one writes both.

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