More Discussions for this daf
1. Ma'aser Sheni 2. Ir ha'Nidachas with 50 people
DAF DISCUSSIONS - SANHEDRIN 112

Yehoash Orange asked:

First of all thank yo u very much for this wonderful forum i have enjoyed reading for the last few years it is very helpful informative and enjoyable.

it says in sanhedrin 112b that an ir hanidachas needs most of the inhabitants to worship idols so in a city of 100 people they would need 51 people.

the gemarra asks what was the process of indictment in regard to innui hadin (postponing punnishment) ulla says the first 50 people whould get skilla and the 51st person would get hereg since retroactively we see that this was an ir hanidachas

the mishna on 111b says a single idol worshipper gets stoning (skillah) therefore his property is spared while the ir hanidachas gets hereg/sayif therefore its property get destroyed)

what happens to the property of the first 50 people who got skilla do we say their property shold be spared since they got the more stringent death or since they are part of the ir hanidachas (ve'es kol shelola tikbotz) we destroy their property as well?

thank you,

yehoash orange, brooklyn,n.y.

The Kollel replies:

Your question only applies to property of the first fifty people that is outside the city. All property within the city is burnt, even that of the Tzadikim.

From Rashi (DH Danin) it appears that once there is a majority of Ovdei Avodah Zarah, the ones already killed are considered retrospectively as having in fact been Chayav Sayif.

The Minchas Chinuch (464) says (to answer a different question) that the Mishnah does not mean to say that the Din of the property depends on the Din of the owner, rather it is coming to tell us why the Torah prescribed Sayif for Ir ha'Nidachas.

The Chazon Ish (CM 24:10) discuses this point and seems to lean towards the conclusion that their property is lost.

Dov Freedman