SANHEDRIN 14 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., Niftar 7 Av 5757, by his wife and daughters. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.

1)

(a)Why did the Romans kill Rebbi Yehudah ben Bava?

(b)What were the names of the five Talmidim to whom he gave Semichah?

(c)What was the name of the sixth person whom Rav Ivya adds to the list?

(d)How did the Romans kill Rebbi Yehudah ben Bava?

(e)Why did they not also kill the Talmidim, in compliance with the decree?

1)

(a)The Romans killed Rebbi Yehudah ben Bava - because, despite their decree prohibiting it, he gave Semichah to five star Talmidim ...

(b)...Rebbi Meir, Rebbi Yehudah, Rebbi Shimon, Rebbi Yossi and Rebbi Elazar ben Shamu'a.

(c)Rav Ivya added - Rebbi Nechemyah.

(d)The Romans killed Rebbi Yehudah ben Bava - by means of the three hundred arrows that they shot into his body.

(e)They did not also kill the Talmidim, in compliance with the decree - because following their Rebbe's instructions, the latter fled the scene before the Romans managed to catch them.

2)

(a)What was the significance of his issuing the Semichah between Usha and Shefor'am (two big cities, also between two big mountains and two Techumei Shabbos)?

(b)How do we reconcile the fact that he alone gave Semichah with what we learned earlier that Semichah requires three Dayanim?

(c)Then why are their names not mentioned?

(d)How do we reconcile the above with Rabah bar bar Chanah Amar Rebbi Yochanan, who declared that whoever says that Rebbi Akiva did not give Rebbi Meir Semichah has erred?

2)

(a)The significance of his issuing the Semichah between Usha and Shefor'am (two big cities), and between two big mountains and two Techumei Shabbos is that - the decree incorporated the city and the borders in which the Semichah took place, which would also be destroyed (see Ya'avetz), which the Romans were now unable to fulfill.

(b)Based on what we learned earlier that Semichah requires three Dayanim, we explain - that in fact, there were two other Dayanim with him.

(c)Their names are not mentioned - in deference to Rebbi Yehudah ben Bava, who was that much greater than they.

(d)To reconcile the above with Rabah bar bar Chanah Amar Rebbi Yochanan, who declared that whoever says that Rebbi Akiva did not give Rebbi Meir Semichah has erred, we explain - that although he wanted to give him Semichah, Rebbi Meir declined to accept it because he was not yet married. Consequently, it was Rebbi Yehudah ben Bava who actually gave him Semichah.

3)

(a)When Rebbi Yehoshua ben Levi said 'Ein Semichah be'Chutz la'Aretz', why can he not literally have meant that Semichah is ineffective in Chutz la'Aretz (and that no-one there can rule Dinei K'nasos)? What does the Mishnah in Makos say about this?

(b)Then what did he mean?

(c)What She'eilah do we now ask, based on the current ruling??

3)

(a)When Rebbi Yehoshua ben Levi said 'Ein Semichah be'Chutz la'Aretz', he could he not have meant that Semichah is ineffective in Chutz la'Aretz (and that no-one there can rule Dinei K'nasos) - since we have learned in the Mishnah in Makos that 'Sanhedrin Noheges bein ba'Aretz bein be'Chutz la'Aretz'.

(b)What he therefore meant was that - one cannot give Semichah in Chutz la'Aretz, even to rule Dinei K'nasos in Eretz Yisrael.

(c)Based on the current ruling, we now ask - whether it is possible to give someone in Eretz Yisrael Semichah, even though he is currently in Chutz la'Aretz?

4)

(a)We resolve the She'eilah from Rebbi Yochanan. Why was Rebbi Yochanan upset with regard to Rav Sh'man bar Aba?

(b)What does this prove?

(c)What happened with Rebbi Shimon bar Zirud and Rebbi Yonasan ben Achna'i, when the Chachamim wanted to give them Semichah?

(d)What problem did Rebbi Yochanan have with Rav Chanina and Rav Hoshaya?

(e)They themselves (both from the family of Beis Eli) attributed the problem to a statement of Rebbi Shmuel bar Nachmeni Amar Rebbi Yonasan. How did the latter interpret the Pasuk in Shmuel ...

1. ... "Kol Marbis Beischa Yamusu Anashim"?

2. ... "Lo Yih'yeh Zakein be'Veischa Kol ha'Yamim"?

4)

(a)We resolve the She'eilah from Rebbi Yochanan, who was upset - because Rav Sh'man bar Aba, whom he was keen to give Semichah, was not available to receive Semichah ...

(b)... a proof that Semichah can only be given in the presence of the candidate.

(c)Likewise, when they wanted to give Semichah to Rav Shimon bar Zirud and Rav Yonasan ben Achna'i - the one who was present at the time received Semichah, whereas the one who wasn't, didn't (though we don't know which of them is which).

(d)The problem Rebbi Yochanan had with Rebbi Chanina and Rebbi Hoshaya was - that somehow, whenever they were with him, he didn't manage to find another two Semuchim to form a Beis-Din to give them Semichah.

(e)They themselves (both from the family of Beis Eli) attributed the problem to a statement of Rebbi Shmuel bar Nachmeni Amar Rebbi Yonasan, who interpreted the Pasuk in Shmuel ...

1. ... "Kol Marbis Beischa Yamusu Anashim" to mean - that all Eli's descendants would die young.

2. ... "Lo Yih'yeh Zakein be'Veischa Kol ha'Yamim" - that they would never receive Semichah.

5)

(a)What did Rebbi Elazar say that caused Rebbi Zeira ...

1. ... to (initially) shun Semichah"?

2. ... to (eventually) make every effort to obtain it?

(b)On what occasion did the people sing 'Without eye-paint, face-pack or a hair-do, yet full of Chein!'?

(c)And when Rebbi Ami and Rebbi Asi received Semichah, what did the people mean when they sang 'Kol min Dein, ve'Chol min Dein!'?

(d)They added 'Do not give Semichah to Chamisin (who refuse to give over the reasons of Torah) or to Turmisin (empty people)'. Alternatively, they added 'Lo mi'Sarmisin ve'Lo mi'Sarmitin'. What do these terms mean?

5)

(a)Rebbi Elazar said ...

1. ... that in order to live long, one should avoid the Rabbanus, initially causing Rebbi Zeira to shun Semichah".

2. ... that when a person rises to greatness, all his sins are forgiven, causing Rebbi Zeira to change his mind, and make every effort to obtain it.

(b)The people sang 'Without eye-paint, face-pack or a hair-do, yet full of Chein!' - on the occasion of Rebbi Zeira's Semichah.

(c)And when Rebbi Ami and Rebbi Asi received Semichah, what they meant when they sang 'Kol min Dein, ve'Chol min Dein!' was that - they should only give Semichah to people of that caliber.

(d)They added 'Do not give Semichah to Chamisin (who refuse to give over the reasons of Torah) or to Turmisin (empty people)'. Alternatively, they added 'Lo mi'Sarmisin ve'Lo mi'Sarmitin' - meaning 'but not to people who twist the Torah's reasons or 'Sh'mates (rags)', who are unable to give reasons for their teachings.

6)

(a)To whom were the women from the royal palace referring when they sang his praises as he made his way from the Beis-Hamedrash to the palace?

(b)What did they mean when they sang ...

1. ... 'Rabah de'Ameih'?

2. ... 'Madbarna de'Umseih'? Why did they call him that?

3. ... 'Butzina de'Nura'? Why did they call him that?

4. ... 'B'rich Masyach li'Shelom'!?

6)

(a)The women from the royal palace were referring to - Rebbi Avahu, when they sang his praises as he made his way from the Beis-Hamedrash to the palace.

(b)When they sang ...

1. ... 'Rabah de'Ameih' - they meant 'prince of his people'.

2. ... 'Madbarna de'Umseih' - 'leader of his nation', which they called him because, due to his close association with the ruling power, that is what he was.

3. ... 'B'rich Masyach li'Shelom'! - 'May you come in peace!'

4. ... 'Butzina de'Nura' - 'lamp of fire', which they called him because of his incredible good looks.

7)

(a)What does Rebbi Yehudah learn from the Pasuk in Parshas Shoftim (in connection with Eglah Arufah) "ve'Yatz'u Zekeinecha ve'Shoftecha"?

(b)According to Rebbi Shimon, three Dayanim will suffice. What does he then learn from "ve'Shoftecha"?

(c)From where does Rebbi Yehudah learn this?

(d)What does Rebbi Shimon learn from ...

1. ... "Ziknei/Z'keinecha"?

2. ... "ve'Shoftecha"?

7)

(a)Rebbi Yehudah learns from the Pasuk in Parshas Shoftim "ve'Yatz'u Zekeinecha (two) ve'Shoftecha (two)" - that five judges are required to go out to the Eglah Arufah (due to the principle 've'Ein Beeis-Din Shakul').

(b)According to Rebbi Shimon, three Dayanim will suffice, and from "ve'Shoftecha" he learns that - they must be members of the Sanhedrei Gedolah.

(c)Rebbi Yehudah learn this - from "Ziknei/ Zekeinecha" (meaning that if not for that Limud, the Torah should have written "Ziknei").

(d)Rebbi Shimon learns from ...

1. ... "Ziknei/Zekeinecha" - that Eglah Arufah requires expert judges.

2. ... "ve'Shoftecha" - that they must be from the Sanhedrei Gedolah.

8)

(a)On what grounds do we refute the suggestion that Rebbi Yehudah learns the previous D'rashah from a 'Gezeirah-Shavah' "Ziknei" "Ziknei" (from 'Semichas Zekeinim')?

(b)If, as we conclude, Rebbi Yehudah learns 'Meyuchadin she'bi'Zekeinecha' from "Shoftecha", from where does he learn the five Zekeinim?

(c)What will Rebbi Shimon learn from the 'Vav' in "ve'Shoftecha"?

(d)As a matter of fact, we ask, the Pasuk mentions another two plural words "ve'Yatz'u" and "u'Mad'du", in which case Rebbi Yehudah ought to require nine judges here, and Rebbi Shimon, seven. And we answer this with a Beraisa. What does the Tana learn from ...

1. ... "ve'Yatz'u"?

2. ... "u'Mad'du"?

8)

(a)We refute the suggestion that Rebbi Yehudah learns the previous D'rashah from a 'Gezeirah-Shavah' "Ziknei" "Ziknei" (from 'Semichas Zekeinim') - because, if he does, why should he not also learn the number (five) from there.

(b)We conclude that Rebbi Yehudah learns 'Meyuchadin she'bi'Zekeinecha' from "Shoftecha" - and the five Zekeinim, from the extra 'Vav' in "ve'Shoftecha" ...

(c)... from which Rebbi Shimon learns - nothing, since in his opinion, it is just a manner of speech.

(d)As a matter of fact, we ask, the Pasuk mentions another two plural words "ve'Yatz'u" and "u'Madedu", in which case Rebbi Yehudah ought to require nine judges here, and Rebbi Shimon, seven. And we answer this with a Beraisa, where the Tana learns from ...

1. ... "ve'Yatz'u" that - the Zekeinim themselves are obligated to go out, and not to send a Shali'ach.

2. ... "u'Mad'du" that - measuring the distance between the two towns is crucial, even if it is obvious to which town the murdered man is closer.

14b----------------------------------------14b

9)

(a)Our Mishnah does not hold like Rebbi Eliezer ben Ya'akov, in whose opinion "Zekeinecha" (with reference to Eglah Arufah) refers to the Sanhedrin. To whom does "Shoftecha" refer, according to him?

(b)What makes us think that perhaps Rebbi Eliezer ben Ya'akov argues in two points with the above Tana'im?

(c)Rav Yosef resolves the She'eilah from a Beraisa. What does the Tana learn from the Pasuk in Shoftim (in connection with a Zakein Mamrei) "ve'Kamta ve'Alisa el ha'Makom"? What is 'Beis Pagi'?

(d)How do we know that it was not ...

1. ... just some members of the Sanhedrin that the Zakein Mamrei met in Beis

2. ... all the members of the Sanhedrin, who had gone out for a break? What do we learn from the Pasuk in Shir-ha'Shirim "Sharerech Agan ha'Sahar ... Al Yechsar ha'Mazeg",

9)

(a)Our Mishnah does not hold like Rebbi Eliezer ben Ya'akov, in whose opinion "Zekeinecha" (with reference to Eglah Arufah) refers to the Sanhedrin - and "Shoftecha" to the King ("Melech ba'Mishpat Ya'amid Aretz" [Mishlei]) and to the Kohen Gadol ("u'Va'sa el ha'Kohanim ha'Levi'im ve'el ha'Shofet" [Parshas Shoftim]).

(b)We initially think that perhaps Rebbi Eliezer ben Ya'akov argues in two points with the above Tana'im - on account of his statement "Zekeinecha", 'Zeh Sanhedrin', which suggests that the entire Sanhedrin are obligated to go out, and not just three or five judges.

(c)Rav Yosef resolves the She'eilah from a Beraisa, which learns from the Pasuk "ve'Kamta ve'Alisa el ha'Makom" - that if a Zakein meets the Sanhedrin in 'Beis Pagi' (an area within the walls of Yerushalayim (see Rabeinu Chananel) and rebels against their ruling, he does not become a Zakein Mamrei (because 'ha'Makom Goreim' [the correct location - he Lishkas ha'Gazis - is crucial]).

(d)We know that it was not ...

1. ... just some members of the Sanhedrin that the Zakein Mamrei met in Beis Pagi - because then, maybe those that remained inside would have sided with him, and it is obvious that he will not become a Zakein Mamrei.

2. ... all members of the Sanhedrin, who had gone out for a break - since we learn from the Pasuk in Shir Hashirim "Sharerech Agan ha'Sahar ... Al Yechsar ha'Mazeg", that the whole Sanhedrin is not permitted to leave the Lishkas ha'Gazis at the same time.

10)

(a)What is then the maximum number of judges that are allowed to leave the Lishkas ha'Gazis at one time?

(b)Rav Yosef therefore concludes that the entire Sanhedrin left the Lishkas ha'Gazis in this instance in order to perform a Mitzvah. Which Mitzvah?

(c)What does Rav Yosef prove from here?

(d)How does Abaye refute Rav Yosef's proof? What else might the entire Sanhedrin have been doing outside the Lishkas ha'Gazis?

(e)A second Beraisa however, supports Rav Yosef. What does the Beraisa say in following up the previous one?

10)

(a)The maximum number of judges that are actually allowed to leave the Lishkas ha'Gazis at one time is forty-eight, so that twenty-three (the equivalent of a Sanhedrin Ketanah), always remain.

(b)Rav Yosef therefore concludes that the entire Sanhedrin left the Lishkas ha'Gazis in this instance in order to perform the Mitzvah - of Eglah Arufah.

(c)Rav Yosef proves from there that the author must be Rebbi Eliezer ben Ya'akov - a proof, that Rebbi Eliezer ben Ya'akov requires the entire Beis-Din to go out.

(d)Abaye refutes Rav Yosef's proof however, inasmuch as - the Pasuk is possibly talking about sanctifying an addition to Yerushalayim or to the Azaros, which requires a ceremony led by the entire Sanhedrin.

(e)A second Beraisa however, supports Rav Yosef. In following up the previous one, the Tana explains that - the Sanhedrin must have left the Lishkas ha'Gazis either for the Mitzvah of the Eglah Arufah or to add to the city or the Azaros.

11)

(a)We learned in our Mishnah that Neta Reva'i and Ma'aser Sheini whose value is not known requires three judges. Bearing in mind that these incorporate fruit, wine or money, what does the Tana mean by ' ... whose value is not known'?

(b)What sort of judges does the Beraisa require to assess Ma'aser Sheini?

(c)Which of two people does the Tana, surprisingly permit to sit on this Beis-Din?

(d)Rebbi Yirmiyah asks whether three people who share their resources are eligible to act as the Beis-Din in this case. How do we refute the proof from the Beraisa 'Ish u'Sh'tei Nashav Podin Ma'aser Sheini'? Who was bas Aba Sura'ah?

11)

(a)We learned in our Mishnah that Neta Reva'i and Ma'aser Sheini whose value is not known requires three judges. Bearing in mind that these incorporate fruit, wine or money, by ' ... whose value is not known', the Tana means - fruit that is going moldy, wine that is turning sour and money that is becoming rusty.

(b)To assess the Ma'aser Sheini, the Beraisa requires judges - who are themselves businessmen (Lekuchos).

(c)Surprisingly, the Tana permits - even a Nochri or the owner to sit on this Beis-Din.

(d)Rebbi Yirmiyah asks whether three people who share their resources are eligible to act as Beis-Din in this case. We refute the proof from the Beraisa 'Ish u'Sh'tei Nashav Podin Ma'aser Sheini' - on the grounds that maybe the Tana is referring to a husband and wife like Rav Papa and bas Aba Sura'ah, who was financially independent, as we learned in Kesubos.

12)

(a)The Tana of our Mishnah, which requires three judges to assess Hekdesh, does not hold like Rebbi Eliezer ben Ya'akov. How many judges does he require?

(b)Logically, Rav Papa remarked to Abaye, Rebbi Eliezer ben Ya'akov is right because of a statement of Shmuel. What did Shmuel say, based on Pesukim in Bechukosai, that supports his opinion?

(c)How are these divided between Erchin, Hekdesh of animals and Hekdesh of Karka?

12)

(a)The Tana of our Mishnah, which requires three judges to assess Hekdesh, does not hold like Rebbi Eliezer ben Ya'akov - who requires ten judges to assess it (even if it is as small as a little fork for spinning gold.

(b)Rav Papa remarked to Abaye that logically, Rebbi Eliezer ben Ya'akov is right, because of a statement of Shmuel, who, based on Pesukim in Bechukosai, commented - that the word 'Kohanim' appears ten times in the Parshah (of Bechukosai) ...

(c)... three times with regard to Erchin, ... three times by Hekdesh of animals and four times by Hekdesh.

13)

(a)Rav Papa suggests that perhaps the Rabbanan hold three, because the Torah writes three times "Kohen" by the redemption of Hekdesh animals. How does he immediately refute this suggestion from Hekdesh of Karka?

(b)Then why does the Tana require ten Kohanim and not four?

(c)By the same token, how many Kohanim ought the Tana then to require by Hekdesh of animals?

(d)On what basis does he not include the eleventh Pasuk there "la'Kohen Tih'yeh Achuzaso"?

(e)How do we finally explain the Rabbanan?

13)

(a)Rav Papa suggests that the Rabbanan hold three, because the Torah writes three times "Kohen" by the redemption of Hekdesh animals. He immediately refutes this suggestion however, from Hekdesh of Karka - which, by the same token, should then require four Kohanim.

(b)And the reason that Tana requires ten Kohanim and not four is - because, added to the 'Kohanim' mentioned earlier, the total at that stage, is ten.

(c)By the same token, the Tana ought then to require - six Kohanim by Hekdesh of animals (since added to the three 'Kohanim' of Erchin, the total at that stage, is six.

(d)He does not include the eleventh Pasuk there "la'Kohen Tih'yeh Achuzaso" - because, unlike all the other Pesukim, it is not talking about assessment.

(e)We finally have no way of explaining the Rabbanan - and conclude the Sugya with a 'Kashya'.

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