REVACH L'DAF
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SUMMARY
1. There is a Machlokes as to whether Nedarim and Nedavos may be brought on Yom Tov.
2. Rava rules that a Kohen who is Chayav Misah is taken away to be executed even if he is about to bring the Korban Tamid.
3. After Moshe Rabeinu's death, there was no one who possessed the highest level of both Torah and Gedulah in Klal Yisrael until the time of Rebbi.
4. Beis Din's deliberations begin in Dinei Mamonos with the Gadol and in Dinei Nefashos with the Katan.
5. A father and a son or a Rebbi and a Talmid who rule on Tum'ah and Taharah count as two separate opinions.
6. A father and a son or a Rebbi and a Talmid who rule on Dinei Mamonos or Nefashos count as only one opinion.
7. There are ten stringencies of Dinei Nefashos that do not apply to Dinei Mamonos.
8. A Zaken, a Saris (a person who is sterile), and a childless person may not be appointed to serve as judges on the Sanhedrin.
9. A Ger and a Mamzer can be Kosher judges for Dinei Mamonos.
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A BIT MORE
1. According to one opinion only Korbanos Tzibur may be brought on Yom Tov, but not Nedarim and Nedavos which are brought by individuals. The other opinion maintains that even a Korban Yachid may be brought on Yom Tov.
2. The Korban Tamid is a Korban Tzibur, which is brought even on Shabbos and Yom Tov, and a sinner is not put to death on Shabbos or Yom Tov, so logic would seem to dictate that the requirement to put a sinner to death should not override the obligation to bring the Korban Tamid. Nevertheless, there is a Gezeiras ha'Kasuv that even a Kohen who is about to perform the Avodah is taken to be put to death if Beis Din has ruled that he must be executed.
3. Moshe Rabeinu was the king of Klal Yisrael as well as the Gadol in Torah. Rebbi was the Gadol ha'Dor in Torah as well as the Nasi. There was no one in any of the generations between them who represented both the Torah and the Gedulah of Klal Yisrael. Similarly, after Rebbi's death there was no one who possessed the Torah and the Gedulah of the generation until the time of Rav Ashi.
4. In Dinei Nefashos, the least prestigious of the judges states his opinion first because it is prohibited for the other judges to dissent with the Gadol. Thus, if the greatest of the judges speaks first, none of the other judges will be able to disagree with him if he maintains that the defendant is Chayav.
5. In general, an individual Chacham may issue a ruling on Tum'ah and Taharah and there is no need for a Beis Din. If there is a dispute amongt the Chachamim, the ruling follows the majority opinion. In such a case, a father and a son or a Rebbi and a Talmid are each entitled to vote separately.
6. In cases pertaining to Dinei Mamonos, Dinei Nefashos, Malkus, Kidush ha'Chodesh, or Ibur ha'Shanah, a ruling may be issued only by a Beis Din consisting of a specific number of judges. Whenever a ruling requires a certain number of judges, a father and son or a Rebbi and Talmid count as only one opinion since a Talmid or son learns his reasoning from his father or Rebbi, and his opinion is a function of the training he received from his father or Rebbi. However, if a Talmid is very learned on his own right and relies on his Rebbi only for knowledge but not for his reasoning skills, the Talmid's opinion counts as a separate opinion.
7. Although an animal which killed a person must be tried by a Beis Din of twenty-three judges in order to be put to death, none of the other ten stringencies of Dinei Nefashos are required when an animal is being judged. The purpose of the stringencies is to save the life of the person being judged, and it is not necessary to be so concerned with the life of an animal.
8. A person who never had children is not qualified to be a judge on the Sanhedrin because he cannot be as merciful as a person who has raised children. A Zaken, due to his advanced age, has already forgotten the difficulties of raising children and is also Pasul because it is assumed that he will not exhibit the same degree of mercy as a person who has recent experience with raising children. Rebbi Yehudah adds that a cruel person is also Pasul to be a judge. However, all these types of people can be appointed to judge a Mesis because the Torah instructs Beis Din not to have mercy on a Mesis.
9. A Ger and a Mamzer are permitted to serve as judges for Dinei Mamonos, but they are Pasul for Dinei Nefashos. In order to serve on a Beis Din for Dinei Nefashos, a judge must have an unblemished lineage.
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Index to Revach for Maseches Sanhedrin
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