More Discussions for this daf
1. how a woman without hands does chalitza 2. statement of Rav S'chora 3. 4 Death Penalties
4. בור וסירה 5. וסירה קוץ 6. בורית
7. כהן גדול משמש בשמונה כלים
DAF DISCUSSIONS - SANHEDRIN 49

Yoram Rovner asked:

Dear Rabbi;

I need to know id there are some general criteria for the diferent types of death penalties in the Torah (en which cases do we apply Chenek, Sif, etc).

Thanks,

Yoram Rovner, Santiago, Chile

The Kollel replies:

That is an interesting point. Here are some reflections:

1. Obviously, since the severity of the punishments are not equal, the more severe punishment is reserved for a more severe sin. (Their severity, according to the Halachic opinion, is Sekilah, Sereifah, Sayif, Chenek, in descending order; Sanhedrin 49b) For example, much of the list of Niskalin is dedicated to Ovdei Avodah Zarah and sorcerors (Sanhedrin 53a).

2. Sometimes it is obvious that there is Midah k'Neged Midah involved. For example, the three types of Navi Sheker who are killed by Beis Din, and a Zaken Mamrei, sinned with their mouths and are punished with Chenek, choking. (The three types of Navi Sheker that sinned by *inaction*, on the other hand, are killed b'Yedei Shamayim - Sanhedrin 89a.)

3. The Vilna Gaon explains that Anshei Ir ha'Nidachas are killed with Sayif because all Non-Jews who are punished for their sins are killed that way. Sinning as a group with Avodah Zarah likens them to non-Jews. (That punishment is chosen for non-Jews, presumably, since it was the way that they themselves administered punishments, see Sanhedrin 52b.

I am sure that there are many more reasons to relate a particular punishment to a particular sin, but this is all I can think of at the moment.

Best wishes,

M. Kornfeld

Yoram Rovner responded:

Dear Rabbi:

Thank you for your answer.

If an idolater jew is considered a non-jew: why he receives Sekila if he makes Avoda Zarah like an individual?

Thanks,

Yoram Rovner

The Kollel replies:

Yoram,

Only when they sin as a group do they "break themselves off" from Klal Yisrael in a sense, at least with regard to punishment. Otherwise, they remain "Batel" to the rest of the group.

Of course, even this does not make them non-Jews entirely, since, as you know, "Even after a Jew has sinned, he still remains a Jew."

M. Kornfeld