SANHEDRIN 2 - Dedicated by Elliot and Lori Linzer in honor of the birthday of Yakirah Linzer.

1)

(a)Our Mishnah teaches us that Dinei Mamonos require three judges (this will be explained later), and so do Gezeilos and Chavalos. What does 'Dinei Mamonos' incorporate?

(b)What is the basic difference between Gezeilos and Halva'os?

(c)What do 'Nezek' ... 'Tashlumei Kefel' ... 'Oneis' ... and 'Motzi-Shem-Ra' have in common, according to Rebbi Meir?

(d)On what grounds do the Chachamim disagree with Rebbi Meir regarding Motzi-Shem-Ra?

(e)The Tana Kama includes Malkos in the list of Dinim that require three judges. What does Rebbi Yishmael say?

1)

(a)Our Mishnah teaches us that Dinei Mamonos - Hoda'os and Halva'os, require three judges (this will be explained later), and so do Gezeilos and Chavalos.

(b)The basic difference between Gezeilos and Halva'os is that - whereas Gezeilos incorporates any money that one obtained unlawfully, including using a Pikadon without the owner's permission, Halva'os constitutes money that one came by lawfully, but that one subsequently withholds from the owner.

(c)According to Rebbi Meir, 'Nezek' ... 'Tashlumei Kefel' ... 'Oneis' ... and 'Motzi-Shem-Ra' - all require three judges.

(d)The Chachamim disagree with Rebbi Meir in the case of Motzi-Shem-Ra, which, in their opinion, requires twenty-three judges - because, even though it is initially a monetary issue (concerning the woman's Kesubah), it can lead to the death-sentence, too. So they require a complete Beis-Din already at the outset.

(e)The Tana Kama includes Malkos in the list of lawsuits that require three judges. According to Rebbi Yishmael - Malkos requires a Beis-Din of twenty-three.

2)

(a)According to Rebbi Meir, Ibur ha'Chodesh and Ibur ha'Shanah require three Judges too. What is 'Ibur ha'Shanah'?

(b)What does Rabban Shimon ben Gamliel say about that?

(c)What if they concluded with three and then declared a leap-year?

2)

(a)Rebbi Meir maintains that Ibur ha'Chodesh and Ibur ha'Shanah - (working out whether the year needs an extra Adar or not) require three judges, too.

(b)According to Rabban Shimon ben Gamliel - Ibur Shanah begins with three judges, continues with five and ends with seven.

(c)Nevertheless, even he agrees that, if they concluded with three and declared a leap-year - their decision is final.

3)

(a)The Tana continues 'Semichas Zekeinim va'Arifas Eglah (Arufah) bi'Sheloshah, Divrei Rebbi Shimon'. What is 'Semichas Zekeinim'?

(b)What does Rebbi Yehudah say about the latter?

(c)'ha'Chalitzah u'Mi'unin ... Neta Revai u'Ma'aser Sheini she'Ein Damav Yedu'in, bi'Sheloshah. What is ...

1. ... 'Mi'unin'? What is its source?

2. ... 'Neta Revai u'Ma'aser Sheini' (in this context)? Why should they require three Judges?

(d)On what condition is this last ruling based?

3)

(a)The Tana continues 'Semichas Zekeinim - the Sanhedrin leaning their hands on the bull brought by the Tzibur for having committed a Chiyuv Kareis, va'Arifas Eglah (Arufah) bi'Sheloshah, Divrei Rebbi Shimon'.

(b)According to Rebbi Yehudah - the latter requires five judges.

(c)And he requires three judges for 'Chalitzah and ...

1. ... 'Mi'unin' - the authority granted to a young girl under bas-Mitzvah, married off by her mother or brothers (whose marriage is ony mi'de'Rabbanan), to walk out of the marriage on the basis of a mere declaration that she is no longer able to live with this man.

2. ... 'Neta Revai u'Ma'aser Sheini' (in this context) means - the assessment of the fruit that the owner wishes to redeem, to take the money to Yerushalayim ...

(d)... provided its value is unknown.

4)

(a)The Tana Kama rules 'ha'Hekdeshos bi'Sheloshah ... ha'Erchin ha'Metaltelin bi'Sheloshah'. How does Rebbi Yehudah qualify the latter?

(b)From which Pasuk in Bechukosai does he learn this?

(c)What is the Halachah regarding Hekdesh ...

1. ... of Karka'os ...

2. ... Adam (which will be explained in the Sugya)?

4)

(a)The Tana Kama rules 'ha'Hekdeshos bi'Sheloshah ... ha'Erchin ha'Metaltelin bi'Sheloshah'. Rebbi Yehudah qualifies the latter in that - one of the three judges must be a Kohen ...

(b)... since the Torah writes in Bechukosai "ke'Erk'cha ha'Kohen ... ".

(c)Ten judges, one of whom must be a Kohen, are required for ...

1. ... Hekdesh Karka'os and for ...

2. ... a man who is Hekdesh (which will be explained in the Sugya).

5)

(a)The death-penalty requires a Sanhedrin of twenty-three. What do we learn from the Pasuk ...

1. ... in Kedoshim "Ve'haragta es ha'Ishah ve'es ha'Beheimah ... ve'es ha'Beheimah Taharogu"?

2. ... in Mishpatim "ha'Shor Yisakel ve'Gam Be'alav Yamus"?

(b)The Tana Kama requires twenty-three Judges to put to death a wolf, a lion, a bear, a leopard and a Bard'les (possibly a panther). What does ...

1. ... Rebbi Eliezer say about that?

2. ... Rebbi Akiva say?

5)

(a)The death-penalty requires a Sanhedrin of twenty-three. We learn from the Pasuk ...

1. ... in Kedoshim "Ve'haragta es ha'Ishah ve'es ha'Beheimah ... ve'es ha'Beheimah Taharogu" - that sentencing to death both an animal that raped a woman and an animal that was raped by a man also requires a Sanhedrin of twenty-three.

2. ... in Mishpatim "ha'Shor Yisakel ve'Gam Be'alav Yamus" - that the same applies to an animal that killed a person.

(b)The Tana Kama requires twenty-three judges to put to death a wolf, a lion, a bear, a leopard and a Bard'les (possibly a panther). Rebbi ...

1. ... Eliezer maintains - that they do not require a Beis-Din in the first place, because whoever kills them has earned himself a merit, whereas Rebbi ...

2. ... Akiva echoes the opinion of the Tana Kama (and this will be explained in the Sugya).

6)

(a)How many Judges does the Mishnah require for judging a tribe, a Navi Sheker and a Kohen Gadol?

(b)What is a Milchemes ha'Reshus?

(c)And how many Judges are required for going out to a Milchemes ha'Reshus, adding to Yerushalayim or the Azaros, appointing a Sanhedrin for each city and judging an Ir ha'Nidachas (a city most of whose residents served idols)?

6)

(a)For judging a tribe, a Navi Sheker and a Kohen Gadol have in common is - the Mishnah requires a Beis-Din of seventy-one (the Sanhedrin ha'Gadol).

(b)A Milchemes ha'Reshus constitutes - any battle other than the conquest of Cana'an (and Milchemes Amalek).

(c)Going out to a Milchemes ha'Reshus, adding to Yerushalayim or the Azaros, appointing a Sanhedrin for each city and judging an Ir ha'Nidachas (a city most of whose residents served idols) too - require a Beis-Din of seventy-one.

7)

(a)In which location can a city not become an Ir ha'Nidachas?

(b)What is the maximum number of cities that can be declared an Ir ha'Nidachas at one time?

(c)From where do we learn that the Sanhedrin ha'Gadol consists of seventy-one judges?

(d)What does Rebbi Yehudah say?

7)

(a)A city cannot become an Ir ha'Nidachas - if it is situated on the border of Eretz Yisrael.

(b)The maximum number of cities that can be declared an Ir ha'Nidachas at one time is - two.

(c)We learn that the Sanhedrin ha'Gadol consists of seventy-one judges - from the Pasuk in Korach "Esfah li Shiv'im Ish mi'Benei Yisrael" (plus Moshe, who was the Nasi).

(d)According to Rebbi Yehudah - only seventy are required.

8)

(a)What do we learn from the Pasuk ...

1. ... in Mas'ei "ve'Shaftu ha'Eidah ... ve'Hitzilu ha'Eidah"?

2. ... in Korach "Ad Masai la'Eidah ha'Ra'ah ha'Zos"?

3. ... in Mishpatim "Lo Sih'yeh Acharei Rabim le'Raos"?

4. ... in Mishpatim "Lo Sih'yeh Acharei Rabim le'Hatos"?

(b)From where do we then learn the twenty-third judge?

(c)If the Tana Kama requires one hundred and twenty residents to qualify for a Sanhedrin, how many does Rebbi Yehudah require?

(d)What is his reason?

8)

(a)We learn from the Pasuk ...

1. ... in Mas'ei "ve'Shaftu ha'Eidah ... ve'Hitzilu ha'Eidah" - that to start with, a Sanhedrin Ketanah comprises twenty judges (ten to say Chayav, and ten to say Patur).

2. ... in Korach "Ad Masai la'Eidah ha'Ra'ah ha'Zos" - that the word Eidah comprises ten people.

3. ... in Mishpatim "Lo Sih'yeh Acharei Rabim le'Ra'os" - that we follow a majority of one to escape from a negative P'sak.

4. ... in Mishpatim "Lo Sih'yeh Acharei Rabim le'Hatos" - that in order to issue the death-sentence, a majority of at least two is required (increasing the Sanhedrin from twenty to twenty-two).

(b)We learn the twenty-third judge from the fact - that twenty-two leaves open the possibility of even numbers, which is unacceptable in any Beis-Din.

(c)The Tana Kama requires one hundred and twenty residents for a city to qualify for a Sanhedrin Ketanah, Rebbi Yehudah requires - two hundred and thirty ...

(d)... to allow for a number of judges corresponding to the officers of ten (in the time of Yisro).

2b----------------------------------------2b

9)

(a)We learned in our Mishnah that 'Dinei Mamonos bi'Sheloshah, Gezeilos va'Chavalos bi'Sheloshah'. What is the problem with that?

(b)Initially, Rebbi Avahu answers that the latter comes to qualify the former. What does it then come to preclude? Why is that?

(c)What is the difference between Hoda'os and Halva'os?

(d)On what grounds do we reject the explanation that defines them as 'partial admission' to the loan and 'total denial' respectively?

9)

(a)We learned in our Mishnah that 'Dinei Mamonos bi'Sheloshah, Gezeilos va'Chavalos bi'Sheloshah'. The problem with that is - why the former does not incorporate the latter.

(b)Initially, Rebbi Avahu answers that the latter comes to qualify the former - to preclude Hoda'os and Halva'os, which are based on the Mitzvah of Chesed, and are not therefore subject to the stringencies of Gezeilos and Chavalos.

(c)The difference between Hoda'os and Halva'os is that - the former refers to queries concerning the debtor's admission, whereas the latter pertains to matters concerning the actual loan.

(d)We reject the explanation that defines them as 'partial admission' to the loan and 'total denial' respectively - because in that case, seeing as both are included in 'Halva'os', they should have rather been referred to as 'Hoda'os' and 'Kefiros' respectively.

10)

(a)Having stated ...

1. ... 'Dinei Mamonos', why did the Tana find it necessary to add 'Gezeilos va'Chavalos'?

2. ... 'Gezeilos va'Chavalos', why did he find it necessary to add 'Dinei Mamonos'?

(b)What do we learn from the Pasuk in Mishpatim (in connection with Gezeilos) "ve'Nikrav Ba'al ha'Bayis el *ha'Elohim*" (plus two other similar Pesukim)?

(c)And from where do we then know that the same will apply to Chavalos?

10)

(a)Having stated ...

1. ... 'Dinei Mamonos', the Tana nevertheless found it necessary to add 'Gezeilos va'Chavalos' - in order to preclude Hoda'os ve'Halva'os, as we explained.

2. ... 'Gezeilos va'Chavalos', he found it necesary to add 'Dinei Mamonos' - because otherwise, we would have assumed Hoda'os and Halva'os to be no different than Gezeilos and Chavalos, and we only present the latter, because it is in connection with them that the Torah mentions the Din of three judges.

(b)We learn from the Pasuk in Mishpatim "ve'Nikrav Ba'al ha'Bayis el *ha'Elohim*" (plus two other similar Pesukim) that Gezeilos require a. expert judges, and b. three judges.

(c)The same will apply to Chavalos - because there is no logical reason to differentiate between harming a person monetarily and harming him bodily.

11)

(a)What does Rebbi Avahu say about two judges who Adjucated money-matters?

(b)So what must we then be referring to when we preclude Hoda'os ve'Halva'os from the Din that applies to Gezeilos and Chavalos?

11)

(a)Rebbi Avahu rules that if two judges adjucated money-matters - their ruling is void (implying even by Hoda'os and Halva'os).

(b)When we preclude Hoda'os ve'Halva'os from the Din that applies to Gezeilos and Chavalos - we must therefore be referring, not to the requirement of three judges, but to that of experts.

12)

(a)What do we learn from the Pasuk in Mishpatim "Ki hu Zeh" (in connection with a Shomer Chinam).

(b)Some opinions apply 'Eiruv Parshiyos' to this Pasuk. What are the ramifications of doing that?

(c)What problem does this present with regard to our distinction between the Din of three judges and the Din of experts, assuming that our Tana ...

1. ... holds of Eiruv Parshiyos?

2. ... does not hold of it?

12)

(a)We learn from the Pasuk "Ki hu Zeh" that - a Shomer Chinam who is Modeh be'Miktzas (who admits to part of the claim), is obligated to swear.

(b)Some opinions apply 'Eiruv Parshiyos' to this Pasuk, in which case - the Pasuk is speaking not about a Shomer (who is Chayav to swear in all cases, but) about a debtor.

(c)The problem with our distinction between three judges and the Din of experts, assuming that our Tana ...

1. ... holds of Eiruv Parshiyos, is that - Halva'os and Hoda'os should also require experts as well (since the word "Elohim" appears in that Pasuk).

2. ... does not hold of it, is that - they should not require three judges either (seeing as "Elohim" is not written by the Din of Milveh).

13)

(a)We answer that really our Mishnah does hold of Eiruv Parshiyos, and the reason that Hoda'os and Halva'os do not need experts is based on a statement of Rebbi Chanina. What does Rebbi Chanina learn from the Pasuk in Emor "Mishpat Echad Yih'yeh lachem"?

(b)Then why did the Chachamim negate the need for D'rishah va'Chakirah (a thorough cross-examination of the witnesses) with regard to money-matters?

(c)So how does that resolve our problem?

(d)Bearing in mind that judges who judge with the sanction of the Chachamim (i.e. experts), are absolved from having to pay, should they err in their ruling, why are they Chayav to pay, like any other layman (who judge without the Chachamim's permission)?

13)

(a)We answer that really our Mishnah does hold of Eiruv Parshiyos, and the reason that Hoda'os and Halva'os do not need experts is based on a statement of Rebbi Chanina, who learns from the Pasuk "Mishpat Echad Yihyeh lachem" that - Dinei Mamon require D'rishah and Chakirah (a thorough cross-examination of the witnesses) just like Dinei Nefashos.

(b)And the reason that the Chachamim negated it is - because of 'Ne'ilas Deles' (as the creditor will not lend money if he encounters too much difficulty in later reclaiming it).

(c)That resolves our problem - inasmuch as we can apply Rebbi Chanina's S'vara to explain why, although Hoda'os and Halva'os require three judges, they do not require experts (mi'de'Rabbanan, on account of 'Ne'ilas De'les').

(d)In spite of the fact that basically judges who judge with the sanction of the Chachamim (i.e. experts), are absolved from having to pay, should the above err in their ruling, the Chachamim obligated them to pay like any other layman - as an extension of 'Ne'ilas Deles (since creditors will not lend money, if they know that a judge who absolves the debtor will not be obligated to reimburse their losses).

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