SANHEDRIN 47 (10 Elul) - This Daf has been dedicated in memory of Sheina Basha (daughter of Yakov and Dora) Zuckerman, who passed away on 10 Elul, by her children and sons in law.

1)

(a)Why did Chizkiyah drag his father Achaz's bones around the town on a bed of ropes?

(b)We learn from the Pasuk in Tehilim "Nivzeh be'Einav Nim'as" that if a person does not have self-respect, he does deserve the respect of others. What other two reasons can we offer to explain why Chizkiyahu was willing to forego the honor of his father?

(c)How can we justify Chizkiyah's actions, assuming that the way one treats a Meis is a matter of Kavod ha'Chayim? What right did he have to attain a Kaparah for his father at the expense of the people's Kavod?

1)

(a)Chizkiyah dragged his father's bones around the town on a bed of ropes - to attain a Kaparah for his father Achaz (who was one of the worst Kings in our history).

(b)We learn from the Pasuk in Tehilim "Nivzeh be'Einav Nim'as" that if a person does not have self-respect he does deserve the respect of others. Two other reasons as to why Chizkiyahu was willing to forego the honor of his father are - a. because, based on the Pasuk in Mishpatim "ve'Nasi *be'Amcha* Lo Sa'or", one is only required to honor someone who behaves like a Yisrael ('be'Oseh Ma'aseh Amcha') and b. because he was willing to forego in order to create a Kidush Hash-m (to counter the Chilul Hash-m that his father had perpetrated).

(c)Even assuming that the way one treats a Meis is a matter of Kavod ha'Chayim, Chizkiyah was justified in doing what he did - because the people themselves would have wanted their king to have a Kaparah.

2)

(a)Rebbi died in Tzipori. Where was he buried?

(b)What command did he issue with regard to his own Hesped?

(c)How will we reconcile this with the possibility that Hesped is a matter of Kavod ha'Chayim?

2)

(a)Rebbi died in Tzipori - but he was buried in Beis-She'arim, far from Tzipori.

(b)He issued a decree - that on the way to his burial, they should only eulogize him in the large towns, but not in the villages.

(c)We reconcile this with the possibility that Hesped is a matter of Kavod ha'Chayim - by pointing out that the people's Kavod would be enhanced by doing so, since now the villagers would all travel to the towns to hear the Hespedim.

3)

(a)What does the Beraisa say about leaving a Meis overnight 'li'Chevodo'? What does 'li'Chevodo' entail?

(b)How do we refute the proof from here that Kevurah is Kavod ha'Meis?

(c)Conversely, assuming that Kevurah is Kavod ha'Meis, what right did the relative have to delay the burial to enhance his own Kavod? How do we interpret "Lo Salin" to explain this?

3)

(a)The Beraisa rules that someone who leaves a Meis overnight 'li'Chevodo', to bring the coffin and shrouds, has not transgressed the La'av of 'Lo Salin'.

(b)To refute the proof from here that Kevurah is Kavod ha'Meis - we interpret 'li'Chevodo' with reference to the Kavod of the relative.

(c)Nevertheless, even assuming that Kevurah is Kavod ha'Meis, the relative has ythe right to delay the burial to enhance his own Kavod - because he did not delay the burial in a degrading manner, as "Lo Salin" (which means 'Do not leave hanging') implies, but rather for reasons of respectability.

4)

(a)What does Rebbi Nasan say in a Beraisa about a Meis who is not eulogized or buried, or whose bones are dragged away by a wild animal?

(b)What fourth item does he add to the list?

(c)What do we finally prove from Rebbi Nasan?

4)

(a)Rebbi Nasan says in a Beraisa that if a Meis is not eulogized or buried, or whose bones are dragged away by a wild animal - it is a good sign for the Meis, as it constitutes a Kaparah for his sins.

(b)The fourth item he adds to the list is - if it rains on his coffin during the burial.

(c)We finally prove from Rebbi Nasan - that Hesped is Kavod ha'Meis.

5)

(a)The Pasuk in Melachim relates to an incident where people who were burying a Meis spotted a group of bandits. What happened next?

(b)On whose merit did that miracle occur?

(c)What does Rebbi Acha bar Chanina learn from this episode?

(d)How do we know that this miracle did not occur merely in order to fulfill Elisha's request of his Rebbe, Eliyahu "vi'Yehi Na Shenayim Be'Ruchacha"?

5)

(a)The Pasuk in Melachim relates to an incident where the people who were burying a Meis spotted a group of bandits - and threw the body into what turned out to be the grave of the Navi Elisha and fled. The moment his bones touched those of the Navi, the dead man got up and walked away.

(b)That miracle occurred on the merit of - Elisha, so that he should not be buried next to a Rasha.

(c)Rebbi Acha bar Chanina learns from this episode that - one may not bury a Rasha in the vicinity of a Tzadik.

(d)We know that the miracle did occur merely in order to fulfill Elisha's request of his Rebbe, Eliyahu "vi'Yehi Na Shenayim Be'Ruchacha" - because the Pasuk relates how, no sooner had the dead man left the vicinity of Elisha's grave than he dropped dead.

6)

(a)How does Rebbi Yochanan explain the fulfillment of Elisha's request, seeing as besides the above incident, Elisha brought only one person back to life, (the son of the Shunamis) like Eliyahu?

(b)What do we learn from the Pasuk in Beha'aloscha (in connection with Miriam's Tzara'as) "Al Na T'hi ka'Meis"?

(c)If, as we see from our Mishnah, one may not even bury a big Rasha in the vicinity of a small one, why did they not arrange four grave-yards, one for each of the four Chayvei Misah?

6)

(a)Seeing as, besides the above incident, Elisha brought only one person back to life, (the son of the Shunamis) like Eliyahu, Rebbi Yochanan explains the fulfillment of Elisha's request - by comparing the curing of Na'aman's Tzara'as to reviving him from the dead ...

(b)... which we prove from the the Pasuk in Be'ha'aloshca (in connection with Miriam's Tzara'as) "Al Na T'hi ka'Meis" - which specifically compares Tzara'as to death.

(c)Despite the fact that one may not even bury a big Rasha in the vicinity of a small one, as we see from our Mishnah, they did not arrange four grave-yards, one for each of the four Chayvei Misah - because they had a tradition, 'Halachah le'Moshe mi'Sinai', that there had to be two grave-yards, as our Mishnah explains.

7)

(a)What does Ula Amar Rebbi Yochanan say about someone who ate Cheilev be'Shogeg and designated his Korban, converted (Heimir Daso) out and came back?

(b)What similar statement does Rebbi Yirmiyah Amar Rebbi Avahu Amar Rebbi Yochanan make?

(c)Having taught us the case of ...

1. ... 'Heimir Daso', why did Rebbi Yochanan find it necessary to add the case of 'Nishtateh'?

2. ... 'Nishtateh', why did he find it necessary to add the case of 'Heimir Daso'?

(d)What do we learn from the Pasuk (in Vayikra, in connection with Korbanos) ...

1. ... "me'Am ha'Aretz?

2. ... "li'Retzono"?

7)

(a)Ula Amar Rebbi Yochanan rules that if someone who ate Cheilev be'Shogeg and designated his Korban, converted out (Heimir Daso) and came back - his Korban, which was rejected whilst he was a Mumar, remains rejected.

(b)And Rebbi Yirmiyah Amar Rebbi Avahu Amar Rebbi Yochanan says the same - about someone who ate Cheilev be'Shogeg and designated his Korban, became insane (Nishtateh) and recovered.

(c)Having taught us the case of ...

1. ... 'Heimir Daso', Rebbi Yochanan nevertheless found it necessary to add the case of 'Nishtateh' - where the Korban might have remained Kasher, seeing as his insanity was not of his making.

2. ... 'Nishtateh', he found it necessary to add the case of 'Heimir Daso' - where the Korban might have remained Kasher, seeing as his situation was in his hands to reverse.

(d)We learn from the Pasuk (in Vayikra, in connection with Korbanos) ...

1. ... "me'Am ha'Aretz - that a Mumar is disqualified from bringing a Korban.

2. ... "li'Retzono" - that someone who is insane is disqualified, too.

8)

(a)The Mishnah in Cheilek rules that Kodshei Mizbe'ach that are found in an Ir ha'Nidachas must die (though they are not burned together with everything else). What does the Tana say about Kodshei Bedek ha'Bayis?

(b)How does Rav Yosef try to prove Rebbi Yochanan's two statements from the first of these two Halachos?

(c)How does Abaye refute this proof?

(d)And he proves this from a statement of Rav Sh'mayah. What did Rav Sh'mayah Darshen (about people who deviated from the ways of the community) from the Pasuk in Emor (in connection with a Kohen) "le'Nefesh Lo Yitama *be'Amav*, Ki im li'Sh'eiro ... "?

8)

(a)The Mishnah in Cheilek rules that Kodshei Mizbe'ach that are found in an Ir ha'Nidachas must die (though they are not burned together with everything else). Kodshei Bedek ha'Bayis - however must be redeemed.

(b)Rav Yosef tries to prove Rebbi Yochanan's two statements from the first of these two Halachos - because it is clear from the fact that the condemned men's death does not atone for their sin, in which case we will apply the principle 'Ho'il Ve'Nidchu, Yidachu' (once a Korban has been rejected it remains rejected).

(c)Abaye refutes this proof however, on the grounds that - since they died without Teshuvah, their death is not a Kaparah. Consequently, there is no reason to remove the prohibition.

(d)And he proves this from a statement of Rav Sh'mayah, who Darshened from the Pasuk in Emor (in connection with a Kohen) "le'Nefesh Lo Yitama *be'Amav*, Ki im li'Sh'eiro ... " that - only people who did not deviate from the ways of the community (be'Oseh Ma'aseh Amo) are included in the list of those for whom a Kohen is permitted to make himself Tamei.

9)

(a)How does Rava query Abaye, by differentiating between Meis mi'Toch Rish'o and Neherag mi'Toch Rish'o?

(b)How does he prove his point from the Pasuk in Tehilim "Mizmor le'Asaf ... Nasnu es Nivlas Avadecha Ma'achal le'Of ha'Shamayim, B'sar Chasidecha le'Chayso Aretz"? What distinction does he draw between Chasidim and someone who is Chayav Misah?

9)

(a)Rava queries Abaye - by differentiating between Meis mi'Toch Rish'o, who is indeed precluded, and Neherag mi'Toch Rish'o, who receives a Kaparah.

(b)And he proves his point from the Pasuk "Mizmor le'Asaf ... Nasnu es Nivlas Avadecha Ma'achal le'Of ha'Shamayim, B'sar Chasidecha le'Chayso Aretz". Now if "Chasidecha" is meant literally, to whom is the Pasuk referring when it mentions "Avadecha", if not those who were Chayav Misah and whom the Pasuk refers to as 'Your servants, irrespective of whether they did Teshuvah or not?

47b----------------------------------------47b

10)

(a)How does Abaye counter Rava's proof? What distinction does he draw between two kinds of Neherag?

(b)How does Abaye's try to prove his point from our Mishnah 'Lo Hayu Kovrin oso be'Kivros Avosav?

(c)How do we counter Abaye's proof?

(d)What does Rav Ada bar Ahavah ask from our Mishnah 'Lo hayu Mis'ablin Ela Mis'onenin ... ', assuming that Misas Beis-Din is indeed a Kaparah?

(e)And we answer that the Kaparah is not complete until the body has decomposed. How do we prove this answer from the continuation of the Mishnah?

10)

(a)Abaye counters Rava's proof however, by establishing the case in Tehilim by Harugei Malchus (who are killed at the hand of Nochrim), but does not include Harugei Beis-Din, who are killed according to Din Torah, but who did not do Teshuvah. Their death, he maintains, is certainly not a Kaparah (unless they do Teshuvah).

(b)And he tries to prove his point from our Mishnah 'Lo Hayu Kovrin oso be'Kivros Avosav' - implying that death at the hand of Beis-Din is not a Kaparah for a sinner.

(c)But we counter Abaye's proof by explaining that - even if in fact, it *is* a Kaparah (in which case the reason by Ir Ha'Nidachas is indeed 'Ho'il ve'Nidchu Yidachu', like Rav Yosef contended), that is only on condition that he is not subsequently buried in his ancestral burial-ground.

(d)Rav Ada bar Ahavah asks from our Mishnah 'Lo hayu Mis'ablin Ela Mis'onenin, that, if Misas Beis-Din is indeed a Kaparah, why should the relatives not then mourn his death ... '.

(e)And we answer that the Kaparah is not complete until the body has decomposed, and we prove this from the continuation of the Mishnah - 'Nis'achel ha'Basar, Melaktin es ha'Atzamos ve'Kovrin osan bi'Mekoman'.

11)

(a)Rav Ashi disagrees. According to him, at which point does ...

1. ... the Aveilus begin?

2. ... the Kaparah take effect?

(b)Why then, do the relatives not start to mourn after the pains of the grave begin?

(c)In that case, why do they need to wait for the body to decompose before re-burying it in its ancestral graveyard?

(d)How do we reconcile the Mishnah in Mo'ed Katan, which obligates someone who did not begin the Shiv'ah before Yom-Tov to sit after Yom-Tov, with the principle 'Ho'il ve'Nidchu'?

11)

(a)Rav Ashi disagrees. According to him ...

1. ... the Aveilus begins - as soon as the lid is placed on the coffin (after the burial [though no-one disputes this]).

2. ... the Kaparah takes effect - as soon as the pains of the grave begin.

(b)The relatives do not need to start mourning after the pains of the grave begin - because of 'Ho'il ve'Nidchu Yidachu'.

(c)Nevertheless, we need to wait for the body to decompose before re-burying it in its ancestral graveyard - because, due to its putrid odor, it is impossible to remove a decaying body from the grave prior to that.

(d)In spite of the principle 'Ho'il ve'Nidchu ... ', the Mishnah in Mo'ed Katan obligates someone who did not begin the Shiv'ah before Yom-Tov, to sit after Yom-Tov - because the Din of Aveilus is not completely Bateil on Yom-Tov, inasmuch as people who visit the Aveil are sill obligated to comfort him.

12)

(a)Why were people taking earth from Rav's grave?

(b)What is the problem with that? What do we learn from a 'Gezeirah-Shavah' "Sham" (by Miriam's death) and "ve'Arfu *Sham* es ha'Eglah" (by Eglah Arufah)?

(c)Shmuel nevertheless condoned their actions, based on the Pasuk in Melachim (in connection with the destruction of idolatry) "va'Yashlech es Afarah al Kever b'nei ha'Am". What do we learn from ...

1. ... there?

2. ... the Pasuk in Re'ei (in connection with idolatry) " ... asher Atem Yorshim es *Eloheihem, al he'Harim* ha'Ramim"?

12)

(a)People were taking earth from Rav's grave - to use as a cure for a first-day fever.

(b)The problem with that is that based on the 'Gezeirah-Shavah' "Sham" (by Miriam's death) and "ve'Arfu *Sham* es ha'Eglah" from Eglah Arufah - a grave is Asur be'Hana'ah.

(c)Shmuel nevertheless condoned their actions, based on the Pasuk in Melachim (in connection with the destruction of idolatry) "va'Yashlech es Afarah al Kever b'nei ha'Am". We learn from ...

1. ... there that - a grave that is attached, like Avodah-Zarah, does not become Asur be'Ha'ana'ah.

2. ... the Pasuk " ... asher Atem Yorshim es *Eloheihem, al he'Harim* ha'Ramim ha'Ramim" - that Avodah-Zarah that is attached (a mountain) does not become Asur be'Hana'ah.

13)

(a)What does the Beraisa say about a grave that someone dug to bury his father, but which remained empty, because he buried him somewhere else?

(b)Assuming that this extends to a grave that he dug for anybody else too, how do we reconcile this with Shmuel's previous ruling?

(c)The Beraisa rules that a new grave is Mutar be'Hana'ah. What is a 'new grave'?

(d)How do we reconcile the Seifa of the Beraisa 'Hitil bah Nefel, Asur be'Hana'ah' with Shmuel's previous ruling?

13)

(a)The Beraisa - forbids someone to be buried in a grave that someone originally dug to bury his father, but which remained empty, because he buried him somewhere else.

(b)Assuming that this extends to a grave that he dug for anybody else too, we reconcile this with Shmuel's previous ruling - by establishing it by a Kever shel Binyan (a grave that is built above the ground) which has a Din of Talush [detached], and which like Avodah-Zarah, is Asur be'Hana'ah).

(c)The Beraisa rules that a new grave - one that has been dug S'tam should it be needed, and not for anyone in particular - is Mutar be'Hana'ah.

(d)To reconcile the Seifa of the Beraisa 'Hitil Bah Nefel, Asur be'Hana'ah' with Shmuel's previous ruling - we establish it too, by a Kever shel Binyan (as we did the previous Beraisa).

14)

(a)The Beraisa (which we will also establish by a Kever shel Binyan), discusses three graves 'Kever ha'Nimtza', ' Kever ha'Yadu'a' and 'Kever ha'Mazik es ha'Rabim'. A 'Kever ha'Nimtza' is a grave that is found to have a Meis buried in it without the owner's consent. What is 'Kever ha'Yadu'a'?

(b)The Tana rules with regard to Kever ha'Nimtza 'Mutar li'Fenoso, Mekomo Tahor and Mutar be'Hana'ah'. What makes us assume that the Meis concerned is not a Meis Mitzvah, who must be buried wherever he is found?

(c)What does the Tana rule with regard to a Kever ha'Yadu'a?

(d)On what basis is the latter grave Tamei even after the body has been removed?

(e)The third grave discussed by the Beraisa ('Kever ha'Mazik es ha'Rabim') is one that causes passers-by damage (by making them Tamei or by preventing them from passing). Why ...

1. ... on the one hand, is it not Metamei once the corpse has been removed?

2. ... on the other hand, is it Asur be'Hana'ah?

14)

(a)The Beraisa (which we will also establish by a Kever shel Binyan), discusses three graves 'Kever ha'Nimtza', ' Kever ha'Yadu'a' and 'Kever ha'Mazik es ha'Rabim'. A 'Kever ha'Nimtza' is a grave that is found to have a Meis buried in it without the owner's consent - whereas a 'Kever ha'Yadu'a' is one in which a Meis is buried with the owner's consent.

(b)The Tana rules with regard to Kever ha'Nimtza 'Mutar li'Fenoso, Mekomo Tahor and Mutar be'Hana'ah'. We assume that the Meis concerned is not a Meis Mitzvah (who must be buried wherever he is found) - because if he had been, there would have been 'Kol' to that effect (word would have spread that a Meis Mitzvah was buried there).

(c)With regard to a Kever ha'Yadu'a, the Tana rules - 'Asur li'Fenoso, Mekomo Tamei ve'Asur be'Hana'ah'.

(d)The latter grave remains Tamei even after the body has been removed - on the basis of a Takanas Chachamim, to discourage people from removing the body to re-inter it elsewhere.

(e)The third grave discussed by the Beraisa ('Kever ha'Mazik es ha'Rabim') is one that causes passers-by damage (by making them Tamei or by preventing them from passing). On the one hand, it is ...

1. ... not Metamei once the corpse has been removed - because, due to the damage that the Meis causes, the Chachamim permit moving him Lechatchilah, in which case the Takanas Chachamim is not applicable.

2. ... on the other hand, it is Asur be'Hana'ah - because that is not a Takanas Chachamim, but a Torah-law.

15)

(a)Abaye renders shrouds that have been woven on behalf of a Meis, Asur be'Hana'ah. On which principle is this based?

(b)How does ...

1. ... Abaye learn this from Eglah Arufah?

2. ... Rava learn that the shrouds are Mutar be'Hana'ah from Avodas-Kochavim?

(c)Why does ...

1. ... Rava decline to learn that it is Asur from Eglah Arufah?

2. ... Abaye decline to learn that it is Mutar from Avodas-Kochavim?

(d)What is Rava's reason for saying 'Hazmanah La'av Milsa hi?'

15)

(a)Abaye renders shrouds that have been woven on behalf of a Meis, Asur be'Hana'ah - because he holds 'Hazmanah Milsa hi' (designation is considered as if the article has actually been used).

(b)On the one hand ...

1. ... Abaye learns this from Eglah Arufah - from the 'Gezeirah-Shavah' "Sham" "Sham" (which we cited earlier, and which becomes Asur be'Hana'ah the moment it is designated); whereas on the other ...

2. ... Rava learns that the shrouds are Mutar be'Hana'ah from Avodas-Kochavim (a house or an ox that one designated for Avodah-Zarah) - via the 'Gezeirah-Shavah' "Sham" from " ... asher Avdu *Sham* ha'Goyim" (which remains Mutar be'Hana'ah until it is actually worshipped, even though it has been designated)

(c)The reason that ...

1. ... Rava declines to learn that it is Asur it from Eglah Arufah is - because he prefers to learn things that serve a dead person from things that serve Avodas-Kochavim (rather than from Eglah Arufah, which is the actual forbidden object itself).

2. ... Abaye declines to learn that it is Mutar from Avodas-Kochavim - because he prefers to learn a regular practice from a regular practice (rather than from something that is forbidden).

(d)Rava's reason for saying 'Hazmanah La'av Milsa hi' is - due to the possibility of the person retracting.

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