SANHEDRIN 87 (Hoshana Raba) - Dedicated by Gedalliah Jawitz in honor of the Yahrzeit of Yehuda ben Simcha Volf Jawitz.

1)WHAT A ZAKEN MAMREI IS LIABLE FOR

(a)(Gemara - Beraisa #1): "Ki YiPaLEI..." discusses MuFLA (someone qualified to be part) of Beis Din;

(b)"Mimcha" refers to (an argument about Ibur Shanah (making a leap year), which is called) counsel;

1.We learn from "Mimcha Yatza...Yo'etz Bli'ya'al."

(c)"Davar" refers to a (dispute about a) Halachah (a tradition from Moshe from Sinai);

(d)"La'Mishpat" refers to things learned from Gezerah Shavah;

(e)"Bein Dam l'Dam" refers to blood of Nidah, birth or Zivah;

(f)"Bein Din l'Din" refers to capital and monetary cases and cases of lashes;

(g)"Bein Nega l'Nega" refers to Tzara'as of people, houses or garments;

(h)"Divrei" refers to laws of Cherem, Erchin and Hekdesh;

(i)"Rivos" refers to making a Sotah drink, Eglah Arufah (a calf beheaded for atonement when a murdered corpse is found), and Taharah of a Metzora;

(j)"Bi'She'arecha" refers to Leket, Shichchah and Pe'ah (one who harvests his field must leave them for the poor);

(k)"V'Kamta v'Alisa" teaches that the Beis ha'Mikdash is the highest place in Eretz Yisrael;

1.Eretz Yisrael is the highest of all lands.

(l)"El ha'Makom" - the Parshah applies only if they go to the Great Sanhedrin in Lishkas ha'Gazis.

(m)Question: Granted, "v'Kamta v'Alisa" teaches that the Beis ha'Mikdash is the highest place in Eretz Yisrael. (Wherever the Chacham and his Beis Din are, they ascend to the Mikdash);

1.What is the source that Eretz Yisrael is the highest of all lands?

(n)Answer: "...Hash-m Asher He'elah... Beis Yisrael... umi'Kol ha'Aratzos Asher Hidachtim Sham (He will bring Yisrael up to Eretz Yisrael)."

(o)(Beraisa #2 - R. Meir): Zaken Mamrei is liable only for (ruling about) something punishable by Kares (if Mezid) and Chatas (if Shogeg);

(p)R. Yehudah says, he is (also) liable for a law whose source is in the Torah, but the explanation is through Chachamim;

(q)R. Shimon says, he is liable for a law that is (not explicit in the Torah at all, it is only) deduced by Chachamim.

2)REBBI MEIR'S OPINION

(a)Question: What is R. Meir's reason?

(b)Answer: He learns a Gezerah Shavah "Davar-Davar";

1.It says here "Ki Yipalei Mimcha Davar", like it says (about Par He'elem Davar) "v'Nelam Davar me'Einei ha'Kahal." Just like there it refers to transgressions of Kares and Chatas, also here.

(c)R. Yehudah learns from "Al Pi ha'Torah Asher Yorucha" - a law pertaining to (written) Torah and Hora'ah (of Chachamim);

(d)R. Shimon learns from "Asher Yagidu Lecha Min ha'Makom ha'Hu" - even Kol d'Hu (any law).

(e)Rav Huna bar Chinena: Explain to me how Beraisa #1 can be R. Meir (that everything mentioned (Ibur Shanah, tradition from Moshe from Sinai, Gezerah Shavah...) is punishable by Kares and Chatas.

(f)Rav Papa: Regarding Ibur Shanah, the Chacham and the Sanhedrin argue about when we may be Me'aber the year:

1.(Mishnah): R. Yehoshua and R. Papyus testified that we may be Me'aber the year (before or) anytime during Adar;

i.Chachamim used to say that it is permitted only until Purim.

2.If Ibur Shanah was declared after Purim, they argue about when Pesach is. This pertains to Kares and Chatas (if one eats Chametz during what is truly Pesach).

(g)They argue about a tradition from Moshe from Sinai regarding Dam Zivah:

1.(R. Yochanan): If a woman sees blood on the 10th day (of the 11 days of Zivah following Nidah), this is like seeing on the ninth. (Then, she must be Shomer (refrain from Bi'ah on) the next day, for she can become a full Zavah if she sees on the next two days. Also when she sees on the 10th, she can become a Zavah Ketanah if she will see on day 11);

2.(Reish Lakish): Seeing on the 10th day is like seeing on the 11th. (Then, she need not be Shomer the next day, for any future blood is not Dam Zivah, rather Dam Nidah. Even though when she sees on the 10th she could become a Zavah Ketanah, a Halachah from Sinai teaches that Shimur does not apply.)

(h)They argue about the Isur of a man to his daughter from a woman he raped (or enticed);

87b----------------------------------------87b

1.(Rava): We learn from Gezeros Shavah "Henah-Henah" and "Zimah-Zimah."

(i)They argue about Dam Nidah as the following Tana'im do:

1.(Mishnah - Akavya ben Mahalal'el): Yarok blood is Metamei (makes a woman a Nidah. Almost all Rishonim say that (plain) Yarok is yellow. Green is called Yarok k'Karsi. Me'iri - Yarok is green, but all are Metamei yellow);

2.Chachamim are Metaher.

(j)They argue about blood of childbirth as Rav and Levi do. (Any blood that a woman sees from day 8 through day 40 after the birth of a boy, or from day 15 through day 80 after the birth of a girl, is called Dam Tohar. It is Tahor, and is not Metamei her. Blood she sees at any other time is Tamei, and it is Metamei her);

1.(Rav): There is one source for both Dam Tamei and Dam Tohar. The Torah decrees when the blood is Tamei, and when it is Tahor;

2.(Levi): Dam Tamei and Dam Tohar come from different sources. (They argue about a woman who, at the start (or end) of the days of Dam Tohar, was in the middle of a flow of blood. Levi holds that in this case, we assume that all the blood (until the flow ceases) is from the source from which the flow began, and it is Tamei (or Tahor) like the beginning of the flow in the days of Dam Tamei (or Tohar). Rav says that even though it is from one source, the Torah changes its status when she begins (or ends) the days of Dam Tohar.)

(k)They argue about blood of Zivah as R. Eliezer and R. Yehoshua do:

1.(Mishnah - R. Eliezer): If a woman saw Dam Zivah three consecutive days amidst Koshi (labor pains) and ceased Koshi for 24 consecutive hours before giving birth, (we do not attribute the blood to the birth;) she is Yoledes b'Zov (a Zavah who gave birth. Dam Tohar does not apply to her);

2.R. Yehoshua says, this is only if she ceased Koshi for a Halachic day (a night followed by the day, like Shabbos).

i.She must cease from pain. It does not matter whether or not she ceased seeing blood.

(l)They argue about monetary cases as Shmuel and R. Avahu do:

1.(Shmuel): If two judged a monetary case, the verdict stands, just it is called an impudent Beis Din.

2.(R. Avahu): All agree that this is not a judgment.

(m)They argue about capital cases as Rebbi and Chachamim do:

1.(Beraisa - Rebbi): "V'Nosata Nefesh Tachas Nafesh" refers to money. (If Ploni intended to kill Reuven, and killed Shimon, he pays money.)

2.Suggestion: Perhaps it refers to capital punishment (like Chachamim hold)!

3.Rejection: It says 'Nesinah' here, and also regarding compensation for causing a miscarriage;

i.Just like the latter refers to money, also here.

(n)They argue about lashes as R. Yishmael and Chachamim do:

1.(Mishnah): Cases of lashes require three judges;

2.R. Yishmael says, they require 23.

(o)Regarding Tzara'as of people, they argue as R. Yehoshua and Chachamim do:

1.If Baheres (a white appearance on the skin) preceded the white hair, he is Muchlat (absolutely Tamei). If the white hair came first, he is Tahor (i.e. Musgar, i.e. only quarantined);

2.If we are in doubt which came first, he is Tamei;

3.R. Yehoshua says, Kehah.

4.Question: What does this mean?

5.Answer (Rabah): It is as if the Tzara'as became weaker, and he is Tahor.

(p)Regarding Tzara'as of houses, they argue as R. Elazar bar Shimon and Chachamim do:

1.(Mishnah - R. Elazar b'Rebbi Shimon): A Bayis ha'Menuga must have appearances (of Tzara'as) the size of a Gris on each of two stones that touch in the corner (and the appearances touch each other).

2.Question: What is his reason?

3.Answer: It says "Kir", and it says "Kiros";

i.A wall that is like two walls is the corner.

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