SANHEDRIN 17 (10 Av) - Dedicated by Mrs. G. Kornfeld, in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.

1)

(a)What do the Rabbanan in our Mishnah learn from the Pasuk in Beha'aloscha (in connection with the choosing of the seventy elders) "ve'Hisyatzvu Sham Imach"?

(b)How does Rebbi Yehudah (who requires only seventy) explain the word "Imach"?

1)

(a)The Rabbanan in our Mishnah learn from the Pasuk in Beha'aloscha (in connection with the choosing of the seventy elders) "ve'Hisyatzvu Sham Imach" - that a Beis-Din consists of seventy-one judges.

(b)Rebbi Yehudah (who requires only seventy) explains that - specifically there it was essential for Moshe to be present, either because he was the one to enter the tent which housed the Shechinah, whilst they waited outside, or because he had to be present when the Shechinah came to rest on them.

2)

(a)So the Rabbanan learn it from the Pasuk "ve'Nas'u Itach be'Masa ha'Am". In which connection is this written?

(b)What does Rebbi Yehudah learn from "Itach"?

(c)The Rabbanan learn that from the Pasuk there "ve'Hakeil me'Alecha ve'Nas'u *Itach*". What is the basic difference between the Pasuk in Yisro and the Pasuk in Beha'aloscha?

(d)So how do they know that the above D'rashah pertains to the Sanhedrin Gedolah, too?

2)

(a)So the Rabbanan learn it from the Pasuk in Yisro "ve'Nas'u Itach be'Masa ha'Am", with reference to - the groups of judges initiated by Yisro, who, as we see here, combined with Moshe.

(b)Rebbi Yehudah learns from "Itach" - "Itach", 'be'Domin lach', that the Sanhedrin must be without blemish, like Moshe.

(c)The Rabbanan learn that from the Pasuk there "ve'Hakeil me'Alecha ve'Nas'u *Itach*". The basic difference between the Pasuk in Yisro and the Pasuk in Beha'aloscha is that - the former is referring to the formation of the Sanhedrin Gedolah, and the latter, to the Sanhedrin Ketanah.

(d)And they know that the above D'rashah pertains to the Sanhedrin ha'Gedolah, as well - from a 'Mah Matzinu' from the Sanhedrin ha'Ketanah.

3)

(a)What problem did Moshe face, when Hash-m told him to pick seventy elders to sit on the Sanhedrin Gedolah?

(b)How did he solve it?

(c)How did he solve a similar problem with the two hundred and seventy-three Bechorim in excess of the twenty-two thousand Levi'im, each of whom redeemed one B'chor?

(d)What does the Beraisa mean when quoting Yesh Omrim, it interprets the Pasuk (with reference to Eldad and Meidad) "*Vayisht'a'aru* Sh'nei Anashim ba'Machaneh" as 'be'Kalpi *Nishtayru*'. What does this mean?

3)

(a)When Hash-m told Moshe to pick seventy elders to sit on the Sanhedrin ha'Gedolah, the problem he faced was - how many to pick from each tribe, because if he picked six, that would make seventy-two, and to pick only five from just two tribes would create jealousy among the tribes.

(b)He solved it - by picking seventy-two candidates, and by then writing 'Zakein' on seventy 'pieces of paper', leaving two blank, and asking each one to draw one lot from the box into which he had placed them.

(c)And he solved a similar problem with the two hundred and seventy-three Bechorim in excess of the twenty-two thousand Levi'im, each of whom redeemed a B'chor, in the same way - by placing twenty-two thousand 'pieces of paper' containing the word 'ben Levi' plus two-hundred and seventy-three pieces containing the words 'Chamishah Shekalim', and then asking each B'chor to draw one lot.

(d)When the Beraisa, quoting Yesh Omrim, interprets the Pasuk (with reference to Eldad and Meidad) "*Vayisht'a'aru* Sh'nei Anashim ba'Machaneh" as 'be'Kalpi *Nishtayru'*, it means that - afraid that they might not draw the blank lots (they did consider themselves fit to be chosen), they remained in the camp. Consequently, the two lots (containing the words 'Zakein') that were meant for them, remained in the box. This is in fact, the opinion of Rebbi Shimon, whom we will quote shortly.

4)

(a)'Yesh Omrim's is similar to that of R. Shimon. What does Rebbi Shimon say?

(b)What reward did they receive for their humility?

(c)According to the Tana Kama of the Beraisa, Eldad and Meidad prophesied about Moshe dying in the desert and Yehoshua leading Yisrael into Eretz Yisrael, whereas according to Aba Chanin in the name of Rebbi Eliezer, they prophesied about the imminent arrival of the quails. What did they prophesy, according to Rav Nachman?

(d)How does Rav Nachman amend the Pasuk in Yechezkel (in connection with Gog and Magog, with direct reference to the early prophets "ha'Nib'im ba'Yamim ha'Heim, *Shanim* le'Havi Oscha aleihem"?

(e)What does he prove from there?

4)

(a)'Yesh Omrim' hold like R. Shimon, who says that - Eldad and Meidad remained in the camp because they did not consider themselves worthy of being chosen to be on the Sanhedrin.

(b)For their humility - they became permanent Nevi'im, whereas the other seventy elders never prophesied again.

(c)According to the Tana Kama of the Beraisa, Eldad and Meidad prophesied about Moshe dying in the desert and Yehoshua leading Yisrael into Eretz Yisrael, whereas according to Aba Chanin in the name of Rebbi Eliezer, they prophesied about the imminent arrival of the quails. According to Rav Nachman - they prophesied about the battle with Gog and Magog, that will precede the arrival of Mashi'ach.

(d)Rav Nachman amends the Pasuk (in connection with Gog and Magog, with direct reference to the early prophets "ha'Nib'im ba'Yamim ha'Heim", to read (not "Shanim" but) - "Shenayim le'Havi Oscha aleihem", which now refers to Eldad and Meidad ...

(e)... the only two prophets ever to prophecy the same prophecy simultaneously (in spite the principle 'Ein Sh'nei Nevi'im Misnab'im be'Signon Echad').

5)

(a)How do we initially translate "Vayisnab'u ve'Lo Yasafu"? What do we try to prove from there?

(b)How do we refute this proof, based on the Pasuk in Va'eschanan "Kol Gadol ve'Lo Yasaf"? What does "ve'Lo Yasaf" mean there?

(c)And how do we finally learn that the seventy elders stopped prophesying, whereas Eldad and Meidad continued from the difference between the Lashon "Misnab'im" and "va'Yisnab'u"? by which case is each of these expressions written?

5)

(a)We initially translate "Vayisnab'u ve'Lo Yasafu" as - "And they prophesied and did not continue" (a proof that the seventy elders did not continue to prophesy).

(b)We refute this proof however, based on the Pasuk in Va'eschanan "Kol Gadol ve'Lo Yasaf" which means that - the Voice at Har Sinai did not stop (in which case here too, "ve'Lo Yasafu" ought to mean 'And they did not stop'.

(c)And we finally learn that the seventy elders stopped prophesying, whereas Eldad and Meidad continued - from the difference between the Lashon "Misnab'im", written in connection with Eldad and Meidad, and which implies that they kept on prophesying, and "va'Yisnab'u", written in connection with the seventy elders, and which implies that they prophesied once and stopped.

6)

(a)When Yehoshua heard their prophesy, he ran straight to Moshe with the request "Kela'em". What does "Kela'em" mean?

(b)We can well understand Yehoshua's zeal, according to the first opinion (that of the Tana Kama of the Beraisa). But why was he so upset, according to the other two opinions?

(c)On the other hand, we can easily see why Moshe's answer, which expressed the wish that all the people of Hash-m would become prophets, according to the latter two opinion, but how will we explain it according to the first opinion, bearing in mind his frustration at not being allowed to enter Eretz Yisrael, and on top of that being told that his Talmid would re-place him?

6)

(a)When Yehoshua heard Eldad and Meidad's prophesy, he ran straight to Moshe with the request "Kela'em", which means - 'load them with communal responsibilities' (and they will automatically fade away [see also Tosfos D.H 've'Heim']).

(b)We can well understand Yehoshua's zeal, according to the first opinion (that of the Tana Kama of the Beraisa). The reason according to the other two opinions - is on account of their presumptuousness in prophesying in front of Moshe (since it was like ruling in front of one's Rebbe, which is strictly forbidden).

(c)On the other hand, we can easily see why Moshe's answer, which expressed the wish that all the people of Hash-m would become prophets, according to the latter two opinions. According to the first opinion, bearing in mind his frustration at not being allowed to enter Eretz Yisrael, and on top of that being told that his Talmid would re-place him, we are forced to say that - he had not in fact been informed the exact contents of Eldad and Meidad's prophesy.

7)

(a)Notwithstanding Rebbi Yehudah, according to whom it was possible for the Sanhedrin Gedolah to be evenly divided, what was the minimum majority in matters ...

1. ... that did not involve the death-sentence?

2. ... matters that involved the deathy-sentence?

(b)How is it possible to find an even number of judges by a Sanhedrin Ketanah, even according to the Rabbanan of Rebbi Yehudah?

(c)When Rebbi Avahu said 'be'Mosifin, Osin Beis-Din Shakul Lechatchilah', we ask 'P'shita?' How do we answer this? Why might we otherwise have thought that the Sanhedrin still consists of an odd number of judges?

(d)What are then the ramifications of Rebbi Avahu's statement?

7)

(a)Notwithstanding Rebbi Yehudah, according to whom it is possible for the Sanhedrin ha'Gedolah to be evenly divided, the minimum majority possible in matters ...

1. ... that do not involve the death-sentence is - one.

2. ... that involve the death-sentence is - three.

(b)It is possible to find an even number of judges even by a Sanhedrin Ketanah however, even according to the Rabbanan of Rebbi Yehudah - in a case where on judge does not know the Halachah, in which case he is not counted, and they add another two judges (making a total of twenty-four).

(c)When Rebbi Avahu said 'be'Mosifin, Osin Beis-Din Shakul Lechatchilah', we ask 'P'shita?' And we answer, that we might otherwise have thought that - the Sanhedrin still consists of an odd number of judges, because, based on the fact that the judge who does not know is liable to find a reason (that he did not think of before) to declare the defendant innocent or guilty, he is still counted.

(d)The ramifications of Rebbi Avahu's statement are that - even if he does find a reason, he will no longer be eligible to offer his opinion (see Tosfos cited in Hagahos ha'Bach [2]).

8)

(a)What does Rav Kahana say about a case where the entire Sanhedrin considered the defendant guilty of the death sentence?

(b)Why is that?

8)

(a)In a case where the entire Sanhedrin considered the defendant guilty of the death sentence - Rav Kahana rules that - they release him from custody ...

(b)... because the obligation to leave the final ruling in abeyance until the next day, in order to search for a reason to proclaim him innocent, will not be fulfilled (see also Tosfos ha'Rosh [seeing as there is no way that they will find a merit in his favor).

9)

(a)Rebbi Yochanan lists the various requirements of a judge. Why is it essential for a judge to be ...

1. ... tall and with a striking appearance?

2. ... conversant with witchcraft?

3. ... knowledgeable in all seventy languages?

(b)What final requirement does Rebbi Yochanan prescribes?

(c)Rav adds that he also needs to be able to find a reason to be Metaher a Sheretz (see Agados Maharsha). How did Rav himself attempt to do so (from a snake)?

(d)On what grounds do we refute his proof (from a thorn)?

9)

(a)Rebbi Yochanan lists the various requirements of a judge. It is essential for a judge to be ...

1. ... tall and with a striking appearance - so that people will be afraid of him (bear him a deep respect).

2. ... conversant with witchcraft - to counter people who try to evade the death-sentence through witchcraft, and to bring to light people who use witchcraft to entice others to worship idols.

3. ... knowledgeable in all seventy languages - so that he will be able to understand the testimony of foreign witnesses directly, without the assistance of a translator.

(b)The final requirement prescribed by Rebbi Yochanan is that - he is elderly (above the age of sixty).

(c)Rav adds that he also needs to be able to find a reason to be Metaher a Sheretz (see Agados Maharsha). Rav himself attempted to do so from a snake - which brings death to others, yet it is Tahor. In that case, a Sheretz which does not bring death to others, ought certainly to be Tahor.

(d)We refute his proof however, from a thorn - which can sometimes kill, yet it is not Tamei (so we see that Tum'ah and causing death are not connected).

17b----------------------------------------17b

10)

(a)Rav Yehudah Amar Rav requires a town to have two judges who speak all seventy languages in order to qualify for a Beis-Din. How many judges in addition, must at least understand them?

(b)Beitar had three such judges. Yavneh had more. Whom does Rav list besides Rebbi Eliezer, and Rebbi Yehoshua, among the latter?

(c)What does the Beraisa mean when it says 'Shelishis Chochmah, Revi'is Ein le'Ma'alah Mimenu'? Why does this pose a Kashya on Rav?

(d)How will Rav answer it?

10)

(a)Rav Yehudah Amar Rav requires a town to have two judges who speak all seventy languages in order to qualify for a Beis-Din - and at least one additional judge who understands them.

(b)Beitar had three such judges. Yavneh had more. Besides Rebbi Eliezer and Rebbi Yehoshua Rav lists among the latter - Rebbi Akiva and Shimon ha'Timni, who sat before them on the ground as Talmidim.

(c)When the Beraisa says 'Shelishis Chochmah, Revi'is Ein le'Ma'alah Mimenu' it means that - at least three judges must speak all the languages, a Kashya on Rav, who requires only two.

(d)Rav answers that - he holds like the Tana of another Beraisa, who says 'Sheniyah Chochmah, Shelishis Ein le'Ma'alah Heimenah'.

11)

(a)To whom does 'Lemeidin Lifnei Chachamim' refer?

(b)'Danin Lifnei Chachamim' refers to two Shimons, as well as Chanan ha'Mitzri and Chananya ben Chachinai. Which two Shimons?

(c)Rav Nachman bar Yitzchak adds a third Shimon to the list. Which one?

(d)What did all of these have in common? Why are they described as 'Danin Lifnei Chachamim?

11)

(a)'Lemeidin Lifnei Chachamim' refers to - Levi in front of Rebbi.

(b)'Danin Lifnei Chachamim' refers to two Shimons - Shimon ben Azai and Shimon ben Zoma, as well as to Chanan ha'Mitzri and Chananya ben Chachinai.

(c)Rav Nachman bar Yitzchak adds a third Shimon to the list - Shimon ha'Timni.

(d)All of these are described as 'Danin Lifnei Chachamim' - because they were all young and did not yet have Semichah. Consequently, they would sit on the floor in front of the Chachamim raise questions and make relevant comments.

12)

(a)'Raboseinu 'she'be'Bavel' refers to Rav and Shmuel, and 'Daynei Golah' to Karna. Who is described as ...

1. ... 'Raboseinu she'be'Eretz Yisrael'?

2. ... 'Daynei Eretz Yisrael'?

(b)Rav Papa bar Shmuel carries the title of 'Dayni de'Pumbedisa', and Rav Ada bar Minyumi, of 'Dayni de'Neharda'a. Which famous Rebbe and Talmid-Chaver were known as 'Sabi de'Sura?

(c)Rav Yehudah and Rav Eina are called 'Sabi de'Pumbedisa, and the two brothers, Eifah and Avimi, as 'Charifi de'Pumbedisa'. What was the name of their father?

(d)Rabah and Rav Yosef also lived in Pumbedisa. What title did they bear?

12)

(a)'Raboseinu 'she'be'Bavel' refers to Rav and Shmuel, and 'Daynei Golah' to Karna, whereas ...

1. 'Raboseinu she'be'Eretz Yisrael' - refers to Rebbi Aba ...

2. ... and 'Daynei Eretz Yisrael' - to Rebbi Ami and Rebbi Asi.

(b)Rav Papa bar Shmuel carries the title of 'Daynei de'Pumbedisa', and Rav Ada bar Minyumi, of 'Dayni de'Neharda'a - Rav Huna and Rav Chisda were known as 'Sabi de'Sura'.

(c)Rav Yehudah and Rav Eina are called 'Sabi de'Pumbedisa, and the two brothers, Eifah and Avimi - sons of Rachbah, as 'Charifi de'Pumbedisa'.

(d)Rabah and Rav Yosef, who also lived in Pumbedisa, bore the title - 'Amora'i de'Pumbedisa' (or 'Amri de'Pumbedisa') ...

13)

(a)'Amora'i de'Neharda'a' (or 'Am'i de'Neharda'a') refers to Rav Chama Neharbela'i. What is Rami bar b'Rebbi (or B'ruchi) known as?

(b)Why can 'Amri bei Rav' not refer to Rav Huna?

(c)Then to whom does it refer?

(d)With regard to the Amora'im of Eretz Yisrael, Rebbi Yirmiyah is described as 'Amri be'Ma'arva'. If 'Shalchu mi'Tam' (which is short for 'Shalchu me'Hasam') refers to Rebbi Yossi b'Rebbi Chanina, in connection withy whom is 'Machku Aleih be'Ma'arva' written?

(e)Based on the fact that we sometimes find 'Shalchu mi'Tam', le'Divrei Rebbi Yossi b'Rebbi Chanina', how do we amend the list of the Yerushalmi Amora'im?

13)

(a)'Amora'i de'Neharda'a' (or 'Amri de'Neharda'a') refers to Rav Chama Neharbela'i, whereas Rami bar b'Rebbi (or B'ruchi) is known as - 'Masnu'.

(b)'Amri bei Rav' cannot refer to Rav Huna - because there are times when Rav Huna quotes 'Amri de'bei Rav'.

(c)In fact, it refers to - Rav Hamnuna (see Shitah Mekubetzes).

(d)With regard to the Amora'im of Eretz Yisrael, Rebbi Yirmiyah is described as 'Amri be'Ma'arva'. 'Shalchu mi'Tam' (which is short for 'Shalchu me'Hasam') refers to Rebbi Yossi b'Rebbi Chanina, whilst 'Machku aleih be'Ma'arva' is written in connection with - Rebbi Elazar.

(e)Based on the fact that we sometimes find 'Shalchu mi'Tam', le'Divrei Rebbi Yossi b'Rebbi Chanina', we amend the list of the Yerushalmi Amora'im by switching the latter two, so that - 'Shalchu mi'Tam' refers to Rebbi Elazar, and 'Machku aleih be'Ma'arva', to Rebbi Yossi b'Rebbi Chanina.

14)

(a)We learned in our Mishnah that to qualify for a Beis-Din of twenty-three, a town had to have a hundred and twenty residents. including the twenty-three members of Beis-Din themselves and the Asarah Batlanim. How do we account for the remaining sixty-nine residents to make up the first hundred and two?

(b)Who were the 'Asarah Batlanim'?

(c)Why was this necessary?

(d)Then there are the two litigants in any Din Torah, plus the two Sofrim (who record the litigants' arguments) and the two Chazanim. What role do the 'Chazanim' play?

14)

(a)We learned in our Mishnah that to qualify for a Beis-Din of twenty-three, a town had to have a hundred and twenty residents. Besides the twenty-three members of Beis-Din themselves and the Asarah Bat including the twenty-three members of Beis-Din themselves and the Asarah Batlanim, the remaining sixty-nine residents to make up the first hundred and two comprise - three rows of twenty-three Talmidei-Chachamim who sat in front of the Beis-Din (as we will see later in 'Echad Dinei Mamonos') ... .

(b)The 'Asarah Batlanim' were - ten people who did not work, so that they were available to be in Shul for Davenning to ensure that there was always a Minyan ...

(c)... to avoid Hash-m's anger at arriving in Shul (Kevayachol) and not finding a Minyan there.

(d)Then there are the two litigants in any Din Torah, plus the two Sofrim (who record the litigants' arguments) and the two Chazanim - clerks who invite the litigants to court and who deliver Malkos.

15)

(a)What is the composition of the six witnesses, (which brings the total up to a hundred and fourteen)?

(b)What is the significance of the two Zomemei Zomemin?

(c)The remaining six residents are based on a list of a town's requirements, before a Talmid-Chacham may live there. How many requirements does the Beraisa list?

(d)The town requires a Beis-Din that issues corporal punishment and punishes evil-doers, and it must have a Tzedakah fund. How many people does the latter entail?

15)

(a)The six witnesses, (which brings the total up to a hundred and fourteen) - comprise two key witnesses, two potential Zomemin and two Zomemei Zomemin.

(b)The significance of the two Zomemei Zomemin is - an honest Jew.

(c)The remaining six residents are based on a list of a town's requirements, before a Talmid-Chacham may live there. The Beraisa lists - ten requirements.

(d)The town requires a Beis-Din that issues corporal punishment and punishes evil-doers, and it must have a Tzedakah fund. The latter entails - five people, two to collect the funds, and three to distribute them.

16)

(a)Which other two things must the town have, besides a Shul?

(b)And what else must it have besides a doctor, an Uman and a Lavlar?

(c)What is ...

1. ... an 'Uman'?

2. ... a 'Lavlar'?

(d)How many people does this last group of people entail?

16)

(a)Besides a Shul, the town must have - a bath-house and a bathroom.

(b)And besides a doctor, an Uman and a Lavlar - it must have also have a Melamed Tinokos (a children's Rebbe).

(c)

1. An 'Uman' is - a blood-letter.

2. A 'Lavlar' is - a Sofer.

(d)This last group entails - one person, who can fulfill all the roles. Note, that according to others, it entails three, because the three people who distribute the Tzedakah funds incorporate the two who collect them. And there are others who count 'Rofei Uman' as one, and add a butcher to the list.

17)

(a)Rebbi Akiva adds a variety of fruit to the list of the town's requirements. Why is that so important?

(b)Rebbi Nechemyah in our Mishnah requires a minimum of two hundred and thirty residents, as we already learned. On what grounds does Rebbi add ...

1. ... in one Beraisa forty-seven people?

2. ... in another Beraisa, forty-eight?

(c)Following the advice of Yisro, Moshe set up 78,600 judges (in the form of Sanhedrei Ketanos. How many judges did he appoint as ...

1. ... 'officers of thousands'?

2. ... 'officers of hundreds?

3. ... 'officers of fifty'?

4. ... 'officers of ten'?

17)

(a)Rebbi Akiva adds a variety of fruit to the list of the town's requirements - because a lot of fruit is good for the eyes.

(b)Rebbi Nechemyah in our Mishnah requires a minimum of two hundred and thirty residents, as we already learned. Rebbi adds ...

1. ... in one Beraisa forty-seven people - to allow for the Beis-Din which is unable to arrive at a solution to add two judges at a time up to a maximum of seventy judges if need be (as we shall learn in 'Hayu Bodkin') like Rebbi Yehudah, who requires seventy judges to sit on the Beis-Din ha'Gadol.

2. ... in another Beraisa, forty-eight - according to the Rabbanan, who require seventy-one.

(c)Following the advice of Yisro, Moshe set up 78,600 judges (in the form of Sanhedrei Ketanos. He appointed ...

1. ... six hundred 'officers of thousands'.

2. ... six thousand 'officers of hundreds.

3. ... twelve thousand 'officers of fifty'.

4. ... sixty thousand 'officers of ten' (See Tosfos).

Hadran alach 'Dinei Mamonos bi'Sheloshah'

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