SANHEDRIN 60 (17 SHEVAT 5785) - DEDICATED BY MRS. IDELLE RUDMAN IN MEMORY OF HARAV REUVEN MOSHE RUDMAN BEN HARAV YOSEF TUVIA RUDMAN, WHO PASSED AWAY 17 SHEVAT 5766, IN HONOR OF HIS YAHRZEIT.

1)

(a)What does Rebbi Shimon learn from the two Pesukim in Mishpatim which juxtapose witchcraft and bestiality?

(b)What does Shmuel (according to Rebbi Elazar) learn from the Pasuk in Kedoshim "es Chukosai Tishmoru, Behemt'cha Lo Sarbi'a Kil'ayim"?

(c)And what does he learn from the Pasuk "Behemt'cha Lo Sarbi'a Kil'ayim ve'Sadcha Lo Sizra Kil'ayim", as regards ...

1. ... the Isur of Kil'ayim in the field?

2. ... the location of the Isur?

(d)What do we mean when we ask that we should then Darshen the Pasuk "u'Shemartem es Chukosai ve'es Mishpatai" in the same way?

(e)Why do we not ...

1. ... Darshen this Pasuk in that way?

2. ... make the same D'rashah with regard to the Pasuk (in connection with Sh'mitah and Yovel) "es Mishpatai Ta'asu ve'es Chukosai Tishm'ru" (see Tosfos DH 'Chukosai')?

1)

(a)Rebbi Shimon learns from the two Pesukim in Mishpatim which juxtapose witchcraft and bestiality that - just as the b'nei No'ach are subject to the latter, so too, are they subject to the former.

(b)Shmuel (according to Rebbi Elazar) learns from the Pasuk in Kedoshim ...

1. ... "es Chukosai Tishmoru, Behemt'cha Lo Sarbi'a Kil'ayim" that - the Isur of Kil'ayim was already commanded earlier (to the b'nei No'ach).

(c)And from the Pasuk "Behemt'cha Lo Sarbi'a Kil'ayim, ve'Sadcha Lo Sizra Kil'ayim" he learns that ...

1. ... just as the former refers to one animal being intimate with another, so too, does K'la'im in the field refer to grafting one tree into another.

2. ... it applies even in Chutz la'Aretz (even though it is a Mitzvah that is connected with the land).

(d)When we ask that we should then Darshen the Pasuk "u'Shemartem es Chukosai ve'es Mishpatai Tishmoru" in the same way, we mean that - seeing as this Pasuk refers to the whole Torah, b'nei No'ach should be obligated to observe the entire Torah (like we Darshened the previous Pasuk).

(e)We do not ...

1. ... Darshen this Pasuk in that way - because the inverted Lashon implies that we should observe the new Chukim, not the old ones (as implied by "es Chukosai Tishmoru").

2. ... make the same D'rashah with regard to the Pasuk (in connection with Sh'mitah and Yovel) "es Mishpatai Ta'asu ve'es Chukosai Tishm'ru" - because there, since it follows the first one, it is natural to invert it (see Tosfos DH 'Chukosai').

2)

(a)Rav Acha bar Ya'akov confines Birchas Hash-m to the four-letter Name of Havayah, but not to the two-letter Name of Kah. Why does he need to say this? Is this not obvious from Rebbi Yehoshua ben Korchah in our Mishnah, who speaks about 'Yakeh Yossi es Yossi'?

(b)What Chidush does Rav Acha bar Ya'akov come to teach us, according to the second Lashon?

(c)Our Mishnah obligates the Dayanim ...

1. ... to rise when the witnesses of Birchas Hash-m pronounce the Name of Hash-m in their testimony. From whom does Rav Yitzchak bar Ami learn this?

2. ... rent their clothes upon hearing what the Mevarech Hash-m said. From which incident do we learn that?

2)

(a)Rav Acha bar Ya'akov confines Birchas Hash-m to the four-letter Name of Havayah (see Toras Chayim), but not to the two-letter Name of Kah. He needs to say this in spite of Rebbi Yehoshua ben Korchah in our Mishnah, which speaks about 'Yakeh Yossi es Yossi' - since we might otherwise have thought that the Tana only gives a casual example, but that he does not intend to preclude the two-letter Name from the ruling.

(b)According to the second Lashon, Rav Acha bar Ya'akov comes to teach us - that even the four-letter Name is included, and that the prohibition is not confined to the Name of forty-two letters.

(c)Our Mishnah obligates the Dayanim ...

1. ... to rise when the witnesses of Birchas Hash-m pronounce the Name of Hash-m in their testimony. Rav Yitzchak bar Ami learns this - from Eglon Melech Mo'av, who (despite his obesity), arose from his throne at the mere mention of the Name 'Elokim', how much more so must a Yisrael rise at the mention of the Shem ha'Meforash.

2. ... to rent their clothes upon hearing what the Mevarech Hash-m said - from the various dignitaries, who appeared before Chizkiyahu with torn clothes, because they had heard Hash-m's Name being blasphemed by Ravshakeh (Sancheriv's general).

3)

(a)What does Rebbi Avahu learn from the Pasuk in Melachim ...

1. ... (describing Elisha's reaction to Eliyahu ha'Navi's ascent to Heaven) "va'Yechazek bi'Vegadav Vayikra'em li'Shenayim Kera'im"? From which word does he learn it?

2. ... to which we just referred (with reference to Ravshakeh's blasphemy) "Keru'ei Begadim"?

(b)The Beraisa obligates the person who hears the curse to rent his clothes, as well as whoever hears it from him. On what basis does the Tana exempt the witnesses from tearing Keri'ah when they testify in Beis-Din?

(c)Rav Yehudah Amar Shmuel exempts from Keri'ah someone who hears Birchas Hash-m from a Nochri. How will he reconcile this ruling with the episode with Ravshakeh? Why did the dignitaries there rent their clothes?

(d)How does Rav Yehudah Amar Shmuel qualify Birchas Hash-m? To which Name does it apply?

3)

(a)Rebbi Avahu learns from the Pasuk in Melachim ...

1. ... (describing Elisha's reaction to Eliyahu ha'Navi's ascent to Heaven) "va'Yechazek bi'Vegadav va'Yikra'em li'Shenayim Kera'im" - from the word "Kera'im" (which is otherwise superfluous) that the tear must be permanent.

2. ... to which we just referred (with reference to Ravshakeh's curse) "Keru'ei Begadim" - by means of a 'Gezeirah-Shavah' (from the previous Pasuk) that the same applies to someone who hears Birchas Hash-m.

(b)The Beraisa obligates the person who hears the curse to rent his clothes, as well as whoever hears it from him. The Tana exempt the witnesses from tearing Keri'ah when they testify in Beis-Din - on the basis of the Pasuk there ("ve'Heim Lo Kar'u"), which specifically exempts the three witnesses, who already tore once, from tearing Keri'ah a second time.

(c)Rav Yehudah Amar Shmuel exempts from Keri'ah someone who hears Birchas Hash-m from a Nochri, and the reason that the dignitaries there rent their clothes was - because Ravshakeh was a Yisrael Mumar (who left the fold).

(d)Rav Yehudah Amar Shmuel qualifies Birchas Hash-m - by confining it to the Shem ha'Meforash (the Shem Havayah) exclusively.

4)

(a)What does Rebbi Chiya hold with regard to someone who hears Birchas Hash-m ...

1. ... from a Nochri?

2. ... with regard to one of the Kinuyim?

(b)We extrapolate this from another statement that he made. What did he say about someone who hears Birchas Hash-m nowadays? Why is that?

(c)Why can this ruling not refer to ...

1. ... a Yisrael who cursed Hash-m?

2. ... a Nochri who cursed the Shem ha'Meforash?

(d)What do we therefore conclude?

4)

(a)Rebbi Chiya however, holds that even someone who hears Birchas Hash-m ...

1. ... from a Nochri - is obligated to tear K'riyah, as is ...

2. ... someone who hears one of the Kinuyim.

(b)We extrapolate this from another statement, in which he said that - someone who hears Birchas Hash-m nowadays does not tear Keri'ah, because, if he did, his clothes would be full of tears.

(c)This ruling cannot refer ...

1. ... a Yisrael who cursed Hash-m - because it is inconceivable for a Yisrael to do such a wicked thing.

2. ... a Nochri who cursed the Shem ha'Meforash - with which Nochrim are not generally conversant.

(d)We therefore conclude that, since Rebbi Chiya is speaking about a Nochri cursing a Kinuy of Hash-m - he must hold that min ha'Torah, Birchas Hash-m extends both to what one hears from a Nochri and to a Kinuy (in contrast to Shmuel's ruling).

5)

(a)We learned in our Mishnah that the second witness simply said 'Af Ani Kamohu'. What does Resh Lakish extrapolate from there with regard to the testimony of the second witness in cases of Dinei Mamonos and Dinei Nefashos?

(b)Then why do Beis-Din require the second witness to repeat in full what he saw?

(c)Why did they not issue the same decree with regard to Birchas Hash-m?

(d)Why can we not then explain that the second witness is Chayav to repeat what he saw mi'd'Oraysa, and Birchas Hash-m is different, because of Kavod Hash-m?

(e)Who is the author of the Beraisa, which adds that the third witness too, only needs to say 'Af Ani Kamohu'?

5)

(a)We learned in our Mishnah that the second witness simply said 'Af Ani Kamohu' from which Resh Lakish extrapolates - that min ha'Torah, the testimony of the second witness in cases of Dinei Mamonos and Dinei Nefashos may be presented in the same way ...

(b)... and the fact that Beis-Din require the second witness to repeat in full what he saw - is merely a Chumra mi'de'Rabbanan.

(c)They did not however, issue the same decree with regard to Birchas Hash-m - to protect the Kavod of Hash-m.

(d)We cannot then explain that really the second witness is Chayav to repeat what he saw mi'd'Oraysa, and Birchas Hash-m is different because of Kavod Hash-m - because that would not justify putting someone to death without a proper testimony.

(e)The author of the Beraisa, which adds that the third witness too, only needs to say 'Af Ani Kamohu' is - Rebbi Akiva, in the Mishnah in Makos, who compares the third witness to the other two, inasmuch as if he turns out to be either a relation or Pasul, the other two witnesses are Pasul too.

60b----------------------------------------60b

6)

(a)What our Mishnah say about someone who serves an idol, Shechts a Korban in its honor, sacrifices it on the Mizbe'ach, or pours a drink-offering before it?

(b)Which other method of worship does the Tana add to the list?

6)

(a)Our Mishnah rules that someone who serves an idol, Shechts a Korban in its honor, sacrifices it on the Mizbe'ach, or pours a drink-offering before it - are all guilty of having served idols and are Chayav either Sekilah, Kareis or a Korban.

(b)He adds to the list - someone who prostrates himself before it.

7)

(a)If someone accepts an idol as his god, by declaring 'You are my god!', he is Chayav too. From which Pasuk in Ki Sissa do we learn that one is Chayav for words alone?

(b)How else might we explain ...

1. ... 've'ha'Mekablo alav le'Elohah"?

2. ... 've'ha'Omer lo "Eili atah" '?

(c)Why do we need both cases?

(d)What does the Tana say about someone who ...

1. ... embraces an idol, kisses it, sweeps the floor in front of it, bathes it, anoints it with oil, dresses it or puts shoes on its feet?

2. ... makes a Neder or a Shevu'ah in its name?

7)

(a)If someone accepts an idol as his god, by declaring 'You are my god!' (for words alone) he is Chayav too from the Pasuk in Ki Sisa - "va'Yishtachavu lo va'Yizbechu lo va'Yomru Eileh Elohecha Yisrael" (describing the sin of the Golden Calf).

(b)We might also explain ...

1. ... 've'ha'Mekablo alav le'Elohah" - with reference to accepting an idol as one's god not in its presence.

2. ... 've'ha'Omer lo "Eili Atah" ' - accepting it in its presence.

(c)We need both cases - because, had the Tana taught only one of them, we would have established it in the idol's presence, and concluded that one is not Chayav for accepting it not in its presence.

(d)The Tana rules that someone who ...

1. ... embraces an idol, kisses it (Megafef u'Menashek), sweeps the floor in front of it, bathes it, anoints it with oil, dresses it or puts shoes on its feet (Man'il) - transgresses a La'av (but not Kareis or Misah ... ), and the same applies to someone who ...

2. ... makes a Neder or a Shevu'ah in its name

8)

(a)The first of the two previous groups transgresses the La'av of "Lo Sa'avdem ve'Lo Sa'aseh ke'Ma'aseihem" (in Mishpatim), besides the "Lo Sa'avdem" that is written in both sets of Aseres ha'Dibros, rendering one of them superfluous). Which La'av (in the same Parshah) does the second group transgress?

(b)Why must the first of the latter groups (someone who embraces an idol ...) entail transgressing specifically 'she'Lo ke'Darkah' (in a manner that it is not normally worshipped)?

(c)What was the Avodah-Zarah of ...

1. ... Pe'or'?

2. ... 'Markulis'?

(d)Why does the Tana find it necessary to inform us that these are considered ke'Darkah?

8)

(a)The first of the two previous group transgresses the La'av of "Lo Sa'avdem ve'Lo Sa'aseh ke'Ma'aseihem" (in Mishpatim), besides the "Lo Sa'avdem" that is written in both Aseres ha'Dibros, rendering one of them superfluous); the second group - transgresses the La'av (there) "ve'Sheim Elohim Acherim Lo Sazkiru".

(b)The first of the latter groups (someone who embraces an idol ...) entails transgressing specifically 'she'Lo ke'Darkah' (in a manner that it is not normally worshipped) - because serving any Avodah-Zarah ke'Darkah is subject to Kareis and Misah, irrespective of what he does.

(c)the Avodah-Zarah of ...

1. 'Pe'or' was - an idol that one worshipped by exposing oneself in front of it and defecating on it.

2. 'Markulis' was - an idol that one worshipped by stoning it.

(d)The Tana finds it necessary to inform us that these are considered ke'Darkah - to teach us that even though, by any other type of idolatry this form of worship would be permitted (and perhaps even a Mitzvah), one is Chayav for worshipping Pe'or and Markulis respectively, in these ways.

9)

(a)What is the problem with the first case in the first list ('Echad ha'Oved', which we established to mean ke'Darkah)?

(b)How does Rebbi Yirmiyah therefore establish ...

1. ... it?

2. ... the following four cases 'ha'Mezabe'ach, ha'Mekater, ha'Menasech, ha'Mishtachaveh'?

(c)And how does Abaye ascribe the Tana's omission of 'ha'Zorek' (someone who sprinkles the blood of the Korban) from the latter list?

9)

(a)The problem with the first case in the first list ('Echad ha'Oved') is - that it suggests that all the subsequent cases are not considered idol-worship.

(b)Rebbi Yirmiyah therefore establishes ...

1. ... it - by someone who worships ke'Darkah (in the regular way) ...

2. ... whereas the following four cases 'ha'Mezabe'ach, ha'Mekater, ha'Menasech ve'ha'Mishtachaveh' are always Chayav - even when they are are performed she'Lo ke'Darkah.

(c)Abaye ascribes the Tana's omission of 'ha'Zorek' (someone who sprinkles the blood of the Korban) from the latter list - to the fact that he considers Zorek to be a form of Menasech (like the Pasuk in Tehilim "Bal Asich Niskeihem mi'Dam", which really means 'Zorek') which it already mentions.

10)

(a)In the Pasuk in Mishpatim "Zove'ach la'Elohim Yochoram", how ...

1. ... would we have explained it without the word "la'Elohim"?

2. ... do we explain it with it?

(b)How do we know that the Pasuk is speaking ...

1. ... by she'Lo ke'Darkah?

2. ... about a case of Chiyuv Misah (and not just a La'av)? What precedence do we have for this?

(c)And what do we learn from the Pasuk ...

1. ... there "Bilti la'Hashem Levado"?

2. ... in Shoftim "va'Yeilech va'Ya'avod Elohim Acherim va'Yishtachu lahem ... ve'Hotzeiso es ha'Ish ha'hu ... u'Sekaltem"? How do we know that the Pasuk is referring to Hishtachavayah she'Lo ke'Darkah?

3. ... in Ki Sisa "Ki Lo Sishtachaveh le'Eil Acher"?

(d)Seeing as we learn Mekater and Menasech from Zevichah, why do we not learn Hishtachavayah from there too?

10)

(a)In the Pasuk in Mishpatim "Zove'ach la'Elohim Yochoram" ...

1. ... without the word "la'Elohim", we would have explained it - with reference to Shechutei Chutz.

2. ... with it - we explain it with reference to Avodah-Zarah she'Lo ke'Darkah.

(b)We know that the Pasuk is speaking ...

1. ... by she'Lo ke'Darkah - because the Torah uses the word "Zove'ach" and not "Oved".

2. ... about a case of Chiyuv Misah (and not just a La'av) - because "Yocharam" implies Misah (as we find in Bechukosai "Kol Cherem asher Yocharam ... Mos Yumas").

(c)We learn from the Pasuk ...

1. ... there "Bilti la'Hashem Levado" - that all the other Avodos (Mekater and Menasech) that are performed before Hash-m are included in the Chiyuv.

2. ... in Shoftim "va'Yeilech va'Ya'avod Elohim Acherim va'Yishtachu lahem ... ve'Hotzeiso es ha'Ish ha'hu ... u'Sekaltem" - that Hishtachavayah she'Lo ke'Darkah is included in the Chiyuv, too. The Pasuk must be referring to Hishtachavayah she'Lo ke'Darkah, because otherwise, it would be included in "va'Yeilech va'Ya'avod ... ".

3. ... in Ki Sisa "Ki Lo Sishtachaveh le'Eil Acher" - the Azharah for Hishtachavayah she'Lo ke'Darkah.

(d)Even though we learn Mekater and Menasech from Zove'ach, we cannot learn Hishtachavayah from there too - because whereas Mekater and Menasech are Avodos P'nim (part of the ritual of Korbanos, like Shechitah), Hishtachavayah is not.

11)

(a)Why do we need the Pasuk "Zove'ach la'Elohim Yocharam"? Why can we not learn all the cases from Hashtachavayah?

(b)We learned earlier that if the Torah had written "Zove'ach Yocharam", we would have established the Pasuk by Shechutei Chutz. What problem do we have with this?

(c)And what do we answer?

11)

(a)We need the Pasuk "Zove'ach la'Elohim Yocharam" - because, if we were to learn all the cases from Hishtachavayah, we would have to include even forms of worship that are not part of the ritual of Korbanos (such as embracing, kissing and putting shoes on the idol's feet).

(b)We learned earlier that if the Torah had written "Zove'ach Yochoram", we would have established the Pasuk by Shechutei Chutz. The problem with this is that - seeing as Shechutei Chutz is Chayav Kareis, and not Misah, how could we have thought that this Pasuk, which refers to Misas Beis-Din, is speaking about Shechutei Chutz?

(c)And we answer - that we would have established the Pasuk of Kareis in cases where there is no warning, and our Pasuk, in cases where there is (incorporating Shechutei Chutz in the realm of Chayvei Sekilah, like Shabbos and Avodah-Zarah).

12)

(a)Rava bar Rav Chanan asked Abaye why, when the Tana asked why when the Torah mentions 'Zove'ach', he did not answer that we need it to teach us 'Mechashvin me'Avodah la'Avodah'. What did he mean?

(b)From where would we then learn Mekater and Menasech?

(c)What difference will it make whether we learn them from Zove'ach or from Hishtachavayah?

12)

(a)When Rava bar Rav Chanan asked Abaye why, when the Tana asked why, when the Torah mentioned 'Zove'ach', he did not answer that we need it to teach us 'Mechashvin me'Avodah la'Avodah', he meant - a person who thinks whilst he is Shechting that he will worship Avodah Zarah whilst performing a subsequent Avodah (even though he did not subsequently do so)is Chayav.

(b)We would then learn Mekater and Menasech - from Hishtachavayah.

(c)The difference whether we learn them from Zove'ach or from Hishtachavayah is that - in the latter case, we will also learn Megafef, Menashek and Man'il , but not if we learn them from Zove'ach, as we explained earlier.

13)

(a)According to Rebbi Yochanan, if someone Shechts an animal in order to sprinkle its blood to Avodah-Zarah (even if in the end, he did not), the animal becomes Asur. What does Resh Lakish say?

(b)What is the Halachah regarding 'Mechashvin me'Avodah la'Avodah with regard to Pigul (performing an Avodah with the intention of eating or sacrificing it after the expiry time) by Kodshim?

(c)Then what is the basis of the Machlokes between Rebbi Yochanan and Resh Lakish?

(d)Why is Rava bar Rav Chanan's previous Kashya (that we do need "Zove'ach to teach us 'Mechashvin me'Avodah la'Avodah' by Avodah-Zarah) only valid according to Resh Lakish, but not according to Rebbi Yochanan?

13)

(a)According to Rebbi Yochanan, if someone Shechts an animal in order to sprinkle its blood to Avodah-Zarah or to sacrifice it (even if in the end, he did not), the animal becomes Asur. Resh Lakish - rules that it is permitted.

(b)Everyone agrees that with regard to Pigul (performing an Avodah with the intention of eating or sacrifing it after the expiry time) by Kodshim, we say 'Mechashvin me'Avodah la'Avodah ...

(c)... and Rebbi Yochanan and Resh Lakish argue over whether we learn Chutz mi'P'nim (Rebbi Yochanan), or not (Resh Lakish).

(d)Consequently, Rava bar Rav Chanan's previous Kashya (why we do not need "Zove'ach to teach us 'Mechashvin me'Avodah la'Avodah' by Avodah-Zarah) is only valid according to Resh Lakish, but not according to Rebbi Yochanan - because the latter will learn Chutz from P'nim regarding Chiyuv Kareis anyway (and does not therefore need to learn it from 'Zove'ach'), just like he learns the Isur Hana'ah from there. And the Kashya remains only why Resh Lakish does not learn the Isur from "Zove'ach".

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