1)

(a)What does Rav Shimi bar Chiya learn from the Pasuk in Balak (in connection with the adulterers who Moshe ordered killed by Ba'al Pe'or) "ve'Hoka osam la'Hashem *Neged ha'Shemesh"*?

(b)What does "ve'Hoka osam" mean?

(c)Rav Chisda learns from the Pasuk in Shmuel (in connection with the descendants of Shaul who were hanged) "ve'Hoka'num la'Hashem be'Giv'as Pinchas" that "Hoka" means hanging. How does he learn it from there? Which second Pasuk does he bring as a support?

(d)Why were they hanged in the first place? What had they done wrong?

(e)Why did Ritzpah bas Ayah leave the seven corpses of Shaul's descendants hanging over the summer? Why was this not a contravention of the La'av of "Lo Salin Nivlaso"?

1)

(a)Rav Shimi bar Chiya learns from the Pasuk in Balak (in connection with the adulterers who Moshe ordered killed by Ba'al Pe'or) "ve'Hoka osam la'Hashem *Neged ha'Shemesh*" that - Dinei Nefashos Danin be'Yom ve'Gomrin ba'Yom'.

(b)"ve'Hoka osam" means - 'and hang them'.

(c)Rav Chisda learns from the Pasuk in Shmuel (in connection with the descendants of Shaul who were hanged) "ve'Hoka'num la'Hashem be'Giv'as Pinchas" that "Hoka" means hanging. He learns it from there in conjunction with another Pasuk there "va'Tikach Ritzpah ... es ha'Sak va'Tateihu lah el ha'Tzur bi'Techilas K'tzir Chitim", implying that the bodies remained exposed.

(d)The reason that they were hanged was not because they had done anything wrong, but - to appease the Giv'onim, who were left without jobs when King Shaul killed all the inhabitants of Nov the city of Kohanim.

(e)In spite of the La'av of "Lo Salin Nivlaso", Ritzpah bas Ayah left the seven corpses of Shaul's descendants hanging over the summer - in order to create a public Kidush Hash-m (so that people would see how scrupulously Yisrael deal even with royalty, to make up for the harm that King Shaul had done the Giv'onim, the weakest of Geirim, by depriving them of their Parnasah).

2)

(a)Why did Moshe order those who died by Ba'al Pe'or to be hanged?

(b)How does Rav Yehudah Amar Rav explain the significance of the "Rashei ha'Am" (in the Pasuk "Kach es Rashei ha'Am ve'Hoka osam Neged ha'Shemesh")? Did they sin, too?

(c)Why can we not attribute the need for many Batei-Din to the fact that one Beis-Din is forbidden to sentence two people to death on the same day?

(d)Then why did Moshe find it necessary to appoint them?

2)

(a)Moshe ordered those who died by Ba'al Pe'or to be hanged - because, having worshipped Ba'al-Pe'or, they were Chayav S'kilah, and whoever dies by S'kilah, is hanged before he is buried.

(b)Rav Yehudah Amar Rav explains the significance of "Rashei ha'Am" (in the Pasuk "Kach es Rashei ha'Am ve'Hoka osam Neged ha'Shemesh"), not that they sinned, but - that Moshe organized them to act as Batei-Dinim, to punish the sinners.

(c)We cannot attribute the need for many Batei-Din to the fact that one Beis-Din is forbidden to sentence two people to death on the same day - since that prohibition is restricted to where the sinners receive different deaths (because we are afraid that the Beis-Din might not research the issues with the thoroughness that each case requires), but not to where the two sinners will receive the same death-sentence and even for performing the same sin.

(d)Nevertheless, Moshe found it necessary to appoint them - in order to hasten the death of the Resha'im, to remove Hash-m's burning anger from Yisrael (when He would see how the whole of Yisrael were involved in sanctifying His Name).

3)

(a)What does Rebbi Chanina learn from the Pasuk in Yeshayah "Meleisi Mishpat, Tzedek Yalin bah, ve'Atah Meratzchim"?

(b)What does the Pasuk mean?

(c)How does Rava learn the same Chidush from the Pasuk there "Ishru Chamotz"?

(d)How will Rebbi Chanina then explain the Pasuk "Ishru Chamotz"?

3)

(a)Rebbi Chanina learns from the Pasuk in Yeshayah "(Meleisi Mishpat), Tzedek Yalin bah, ve'Atah Meratzchim" that - if by Dinei Nefashos, the consensus of opinion is to pronounce the defendant guilty, then they must wait until the following day before issuing the G'mar-Din.

(b)The Pasuk means - that when they used to wait overnight before concluding le'Chovah, Yerushalayim was full of justice, but now that they were no longer doing so, they had become murderers.

(c)Rava learns the same Chidush from the Pasuk there "Ishru Chamotz", which he explains to mean - 'Praise the one who delays his final decision (until tomorrow)'.

(d)Rebbi Chanina explains the Pasuk "Ishru Camotz" to mean - 'Strengthen the one who has been robbed'.

4)

(a)Rava will explain the Pasuk "Meleisi Mishpat" like Rebbi Elazar Amar Rebbi Yitzchak. What does the latter say about a Ta'anis on which one does not give Tzedakah on the following night?

(b)Why will this explanation will not apply however, there where it is customary to give the poor wheat, barley or money?

(c)What is one then permitted to do?

4)

(a)Rava will explain the Pasuk "Meleisi Mishpat ... " like Rebbi Elazar Amar Rebbi Yitzchak, who explains that - if one does give Tzedakah to the poor on the following night, it is akin to murder (since the poor are then unable to break their fast).

(b)This explanation will not apply however - there where it is customary to give the poor wheat, barley or money - since they are anyway unable to eat these commodities immediately, in which case the poor will not rely on that to break their fast.

(c)One is then permitted to give them Tzedakah on the following day instead.

5)

(a)We learned in our Mishnah 'Lefichach Ein Danin be'Erev Shabbas ... '. Why can they not judge the defendant on Erev Shabbos ...

1. ... and conclude on Erev Shabbos?

2. ... conclude on Shabbos and put him to death on Shabbos?

3. ... conclude on Shabbos and put him to death on Motza'ei Shabbos?

4. ... conclude on Shabbos and put him to death on Sunday?

5. ... conclude on Sunday and put him to death on Sunday?

(b)Why are we afraid of that, seeing as the two Sofrim recorded everything anyway?

5)

(a)We learned in our Mishnah 'Lefichach Ein Danin be'Erev Shabbas ... '. They cannot judge the defendant on Erev Shabbos ...

1. ... and conclude on Erev Shabbos - because should they conclude le'Chov, they will be obligated to wait until the next day (as we already learned).

2. ... conclude on Shabbos and put him to death on Shabbos - because killing a sinner constitutes an Av Melachah, and does not override Shabbos.

3. ... conclude on Shabbos and put him to death on Motza'ei Shabbos - because one is obligated to put the sinner to death in day-time ('opposite the sun', as we learned earlier).

4. ... conclude on Shabbos and put him to death on Sunday - because once the death-sentence has been passed, it is forbidden to postpone the actual death-penalty until the following day.

5. ... conclude on Sunday and put him to death on Sunday - because by Sunday, the Dayanim will have forgotten their reasons.

(b)We are afraid of that, because, even though the two Sofrim recorded everything anyway - the judges are likely to be less clear than they were when they first stated their opinions.

35b----------------------------------------35b

6)

(a)The Torah writes in Naso (in connection with a Nazir) "le'Aviv u'le'Imo l'Achiv ve'le'Achoso ... Lo Yitama". Bearing in mind that "ve'la'Achoso" is the last of the D'rashos in this group, what do we learn from it?

(b)Based on that D'rashah, Resh Lakish asked Rebbi Yochanan why a Meis Mitzvah should not override Shabbos from a 'Kal va'Chomer'. To which 'Kal va'Chomer' was he referring?

(c)What did Rebbi Yochanan mean when he answered 'Retzichah (putting to death someone who is Chayav Misah) Tochi'ach'?

(d)What do we learn from the Pasuk in Mishpatim ...

1. ... "me'Im *Mizb'chi Tikachenu Lamus*"?

2. ... "*me'Im* (Mizbechi Tikachenu Lamus)"?

6)

(a)The Torah writes in Naso (in connection with a Nazir) "le'Aviv u'le'Imo, le'Achiv ve'le'Achoso ... Lo Yitama". Bearing in mind that "ve'la'Achoso" is the last of the Derashos in this group, we learn from it that - although a Kohen Gadol who is also a Nazir is going to Shecht his Korban Pesach or to circumcise his son is not permitted to render himself Tamei to bury one of his seven relatives, he is obligated to bury a Meis Mitzvah (who has nobody else to see to his burial).

(b)Based on that D'rashah, Resh Lakish asked Rebbi Yochanan why a Meis Mitzvah should not override Shabbos from a 'Kal va'Chomer' - because if a Meis-Mitzvah overrides Avodah, which in turn, overrides Shabbos, it should certainly override Shabbos.

(c)When Rebbi Yochanan answered 'Retzichah (putting to death someone who is Chayav Misah) Tochi'ach', he meant that - since Retzichah overrides the Avodah, but not Shabbos, the same will apply with regard to a Meis Mitzvah (despite the 'Kal va'Chomer').

(d)We learn from the Pasuk in Mishpatim ...

1. ... "me'Im *Mizbechi Tikachenu Lamus*" - that if a Kohen who is about to perform the Avodah is found to be Chayav Misah, Beis-Din take him away and carry out the death-sentence.

2. ... "*me'Im* (Mizb'chi Tikachenu Lamus)" - "me'Im Mizb'chi", 've'Lo me'Al Mizbechi' (once he is already on the Mizbe'ach performing the Avodah, Beis-Din must wait until he has finished the Avodah before taking him away to be killed).

7)

(a)Resh Lakish asked Rebbi Yochanan further that Retzichah itself should override Shabbos from a 'Kal va'Chomer'. Which 'Kal va'Chomer'?

(b)Rebbi Yochanan answered him from a Tana de'bei Rebbi Yishmael citing a Machlokes between Rebbi Yossi and Rebbi Nasan. What does Rebbi Yossi mean when he explains that, when the Torah singles out the La'av of "Lo Se'va'aru Eish be'Chol Moshvoseichem" (and does not just rely on "Lo Sa'asu Kol Melachah"), 'le'La'av Yatzas'?

(c)What does Rebbi Nasan say?

7)

(a)Resh Lakish asked Rebbi Yochanan further that Retzichah itself should override Shabbos from a 'Kal va'Chomer' - namely, that if it overrides Avodah which overrides Shabbos, it should certainly override Shabbos.

(b)Rebbi Yochanan answered him from a Tana de'bei Rebbi Yishmael citing a Machlokes between Rebbi Yobsi and Rebbi Nasan. When Rebbi Yossi explains that, when the Torah singles out the La'av of "Lo Se'va'aru Eish be'Chol Moshvoseichem" (and does not just rely on "Lo Sa'asu Kol Melachah") 'le'La'av Yatzas', he means that - unlike all other Melachos on Shabbos, burning a fire is being precluded from Kareis and Misah, and is only subject to a La'av.

(c)According to Rebbi Nasan, the Torah singles out the La'av of "Lo Seva'aru" - to teach us that one is Chayav for each individual Melachah (and is not required to transgress all thirty-nine in order to be Chayav).

8)

(a)If, in view of the Machlokes between Rebbi Yossi and Rebbi Nasan, Rebbi Yishmael does not have a problem as a whole with this Pasuk, what problem does he have with the word "Moshvoseichem"?

(b)What quandary faces Rebbi Yishmael in another Beraisa regarding the Pasuk in Parshas Shoftim "Ki Yihyeh be'Ish Chet Mishpat Maves Vehumas", and the Pasuk in Ki Sisa "Mechalelehah Mos Yumas"?

(c)Before resolving the She'eilah, he adds 'O Eino Ela Afilu be'Shabbos'. This appears to be synonymous with the first side of the She'eilah. Why does he repeat it?

(d)How does he resolve his quandary from the 'Gezeirah-Shavah' "Lo Seva'aru Eish be'Chol Moshvoseichem" (Vayakhel) from "ve'Hayu Eileh lachem le'Chukas Mishpat be'Chol Moshvoseichem" (Mas'ei)?

(e)What does this prove?

8)

(a)Even though, in view of the Machlokes between Rebbi Yossi and Rebbi Nasan, Rebbi Yishmael does not have a problem as a whole with this Pasuk, he does however have a problem with the word "Moshvoseichem" - which normally comes to include Chutz la'Aretz, but which is unnecessary here, since Shabbos is a Mitzvah that has nothing to do with the land, and will therefore automatically apply everywhere?

(b)In another Beraisa, Rebbi Yishmael is faced with another quandary regarding the Pasuk in Parshas Shoftim "Ki Yihyeh be'Ish Chet Mishpat Maves ve'Humas" and the Pasuk in Ki Sisa "Mechalelehah Mos Yumas" - whether the first Pasuk applies even on Shabbos, and the second to all Melachos except for Misas Beis-Din; or whether the second Pasuk applies across the board, and the first Pasuk applies during the week, but not on Shabbos.

(c)Before resolving the She'eilah, he adds 'O Eino Ela Afilu be'Shabbos'. Even though this appears to be synonymous with the first side of the She'eilah, he repeats it - based on the fact that the second side of the She'eilah is synonymous with 'Retzichah Tochi'ach ... ' (that we quoted earlier). 'O Eino Ela ... ' therefore, is the Pircha on the 'Kal-va'Chomer' 'Retzichah Gufah Tidcheh Shabbos ... ' (that we asked there), which is not at all synonymous with the first side.

(d)He resolves his quandary from the 'Gezeirah-Shavah' "Lo Seva'aru Eish *be'Chol Moshvoseichem*" from "ve'Hayu Eileh lachem le'Chukas Mishpat *be'Chol Moshvoseichem*" - which teaches us that the former, like the latter, is speaking in Beis-Din, yet the Torah writes "Lo Seva'aru" ...

(e)... like the second side of the She'eilah).

9)

(a)It now follows, comments Abaye, that, since Retzichah does not override Shabbos, it should not override Avodah either. How will Abaye then explain the Pasuk "me'Im Mizb'chi Tikachenu Lamus"?

9)

(a)It now follows, comments Abaye, that, since Retzichah does not override Shabbos, it should not override Avodah either - and he explains the Pasuk "me'Im Mizb'chi Tikachenu Lamus" with regard to a Korban Yachid (which does not override Shabbos anyway).

10)

(a)Based on what we just learned, and given that according to Rava, 'Nedarim u'Nedavos K'reivin be'Yom-Tov', how does he prove from a 'Kal-va'Chomer that Retzichah ought not to override a Korban Yachid?

(b)What does "me'Im Mizb'chi Tikachenu La'mus" therefore teach us?

(c)Why would we not need this Chidush, according to those who hold 'Nedarim u'Nedavos Ein K'reivin be'Yom-Tov'?

10)

(a)Based on what we just learned, and given that according to Rava, 'Nedarim u'Nedavos K'reivin be'Yom-Tov', he proves from a 'Kal-va'Chomer that Retzichah ought not to override a Korban Yachid - because if Retzichah does not override Yom-Tov (like it does not override Shabbos), then it will certainly not override a Korban Yachid which overrides Yom-Tov.

(b)"me'Im Mizb'chi Tikachenu Lamus" therefore teaches us that - it does (a 'Gezeiras ha'Kasuv' that negates a 'Kal-va'Chomer').

(c)We would not need this Chidush however, according to those who hold 'Nedarim u'Nedavos Ein K'reivin be'Yom-Tov' - because according to them, there is no 'Kal va'Chomer' to negate.

11)

(a)Rava concludes that in any event, even those who hold 'Nedarim u'Nedavos Ein Kereivin be'Yom-Tov', have to agree that "me'Im Mizb'chi" must be speaking about a Korban Tzibur. Why is that?

(b)How does he then counter Abaye's Kashya from the 'Kal va'Chomer'?

11)

(a)Rava concludes that in any event, even those who hold 'Nedarim u'Nedavos Ein Kereivin be'Yom-Tov', have to agree that "me'Im Mizb'chi" must be speaking about a Korban Tzibur - because "Mizb'chi" implies 'ha'Meyuchad Li' (a reference to the daily Korban Tamid, which is a Korban Tzibur).

(b)And he counters Abaye's Kashya from the 'Kal va'Chomer' - by pointing to his previous comment, where he proved that according to those who hold 'Nedarim u'Nedavos K'reivin be'Yom-Tov', and we establish the Pasuk by a Korban Yachid, the Pasuk overrides the Kal-va'Chomer. In that case, we can say the same thing even if we establish the Pasuk by a Korban Tzibur.

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