They brought Yo'av for judgment. They asked 'why did you kill Avner'?
Yo'av: I was Go'el ha'Dam for my brother Asa'el.
The Sanhedrin: He was pursuing Avner to kill him. Avner was allowed to kill him (so the law of Go'el ha'Dam does not apply)!
Yo'av: Avner was forbidden to kill him, for he could have stopped Asa'el by destroying one of his limbs, without killing him.
The Sanhedrin: He was unable to do so.
Yo'av: "Va'Yakehu...El ha'Chomesh" - he was able to (aim for and) strike the fifth rib. All the more so he could have struck a limb that would not kill him!
(R. Yochanan): The gall bladder and liver are attached to the fifth rib.
The Sanhedrin: Indeed, we exempt you for killing Avner. Why did you kill Amasa?
Yo'av: He was Mored b'Malchus - "va'Yelech Amasa... va'Yocher" (he delayed fulfilling David's request to gather Yehudah).
The Sanhedrin: This was not rebellious. Amasa expounded 'Ach' and 'Rak' to exclude:
"Kol Asher Yamreh Es Picha... Rak Chazak ve'Ematz" excludes a command of the king contrary to Torah (one must not obey it);
When Amasa went to gather Yehudah, they were learning, therefore he waited until they finished.
The Sanhedrin: Rather, you were Mored (against David, through supporting Adoniyahu's rebellion) - "Yo'av Nota Acharei Adoniyahu v'Acharei Avshalom Lo Nota."
Questions: Why does it mention that Yo'av had not supported Avshalom's rebellion, and why didn't he?
Answer #1 (R. Elazar): He thought to support Avshalom. He did not, for David still had some of his strength.
Answer #2 (R. Yosi b'Rebbi Chanina): David's strong-arms were still around.
(Rav Yehudah): David had 400 children from Yefos To'ar (attractive women taken in war);
They grew Bluris (long hair in back), and sat in gold wagons at the head of the troops. They were the strong-arms of Beis David (to scare the enemy).
R. Aba bar Kahana argues with Rav Yehudah.
(R. Aba bar Kahana): If not for the merit of David's Torah, Yo'av would not have succeeded in war; if not for Yo'av's success in war, David could not have engaged in Torah;
We learn from "David Oseh Mishpat u'Tzedakah... v'Yo'av ben Tzeruyah Al ha'Tzeva" - each was dependant on the other.
Question: "Yo'av... va'Yishlach Mal'achim Acharei Avner va'Yashivu Oso mi'Bor ha'Sirah." What is this?
Answer (R. Aba bar Kahana): A pit and a thorn caused Avner's death. (David had an opportunity to kill Sha'ul. Instead, he took the flask near Sha'ul and (on another such occasion) cut Sha'ul's garment. This should have proven to Sha'ul that David did not want to kill him, but Avner said that perhaps a servant took the flask to bring water from a pit, and perhaps the garment was torn on a thorn.)
(R. Yochanan): "Va'Yatehu Yo'av El Toch ha'Sha'ar" - Yo'av judged Avner like a Sanhedrin. ('Sha'ar' normally refers to a Sanhedrin.)
Yo'av: Why did you kill Asa'el?
Avner: He was pursuing me!
Yo'av: You could have destroyed one of his limbs. You were forbidden to kill him!
Avner: I was unable to do so.
Yo'av: "Va'Yakehu... El ha'Chomesh" - you were able to strike the fifth rib, and all the more so you could have struck a limb that would not kill him!
"Ledaber Ito ba'Sheli" - he spoke with him about Shalu (removing. Yo'av asked how a woman without hands does Chalitzah (removes the Yavam's shoe.). Avner bent down to demonstrate (i.e. with her teeth). Yo'av drew his sword and killed him).
(R. Yochanan): "Va'Yakehu (Yo'av struck Avner) Sham ha'Chomesh" - the gall bladder and liver are attached to the fifth rib.
"Asher Paga bi'Shnei Anashim Tzadikim v'Tovim Mimenu" - Amasa and Avner were better than Yo'av. They expounded 'Ach' and 'Rak' to exclude a command of the king contrary to Torah (Amasa did not interrupt people learning, and Avner refused to kill the Kohanim or Nov), but Yo'av did not (he killed Uriyah).
They were bigger Tzadikim. They refused to fulfill a verbal command of the king (contrary to Torah), but Yo'av fulfilled what he was commanded in a letter.
(Rav): "Va'Amasa Lo Nishmar ba'Cherev Asher b'Yad Yo'av" - he did not suspect that he wanted to kill him.
Question: "Ya'Yikaver (Yo'av) b'Veiso ba'Midbar." Was his house a wilderness?!
Answer #1 (Rav Yehudah): It was like a wilderness. Just like a wilderness is Hefker to all, Yo'av's house was open for the needs of the poor.
Answer #2: Just like a wilderness is free of theft and incest, also Yo'av's house.
(Rav Yehudah): "V'Yo'av Yechayeh Es She'ar ha'Ir" - he would share with the poor the very fish (delicacies) that he ate.
PLACES WHERE THE ORDER IS IMPORTANT
(Mishnah): Beis Din administers four death penalties: stoning, burning, beheading (by a sword), and choking;
R. Shimon says, the order (from most severe to least severe) is burning, stoning, choking, beheading.
(Gemara - Rava): There is only one place where Chachamim listed things and the order is important - the seven ingredients:
(Mishnah): We apply seven ingredients to test a stain (to determine whether or not it is from menstrual blood) - saliva (of one who has not eaten all day), chewed beans, urine (that putrefied), nitre, Boris (plant leaves used for cleaning), Kimolya (a white sand used for laundering) and Ashlag (an herb used to clean hands).
If they were not applied in this order, or they were applied all at once, one may not rely on them.
(Rav Papa Sava): Also in our Mishnah the order is important;
Since R. Shimon argues, this shows that the first Tana also cares about the order!
Rava did not discuss matters about which there is an argument, so he did not count our Mishnah.
(Rav Papa): Also regarding the Avodah of Yom Kipur the order is important!
(Mishnah): Every Avodah of Yom Kipur given in order, if it was done out of order, it is invalid.
Rava only discussed matters in which there is an order of importance;
It is a mere stringency that Avodah of Yom Kipur done out of order is invalid.
(Rav Huna brei d'Rav Yehoshua): Also the order of the Tamid offerings is importantl
(Mishnah): This is the order of the Tamid.
Rav Papa did not add this because the order is only l'Chatchilah.
Rava intended to exclude Chalitzah.
(Mishnah): The Mitzvah of Chalitzah: the Yevamah and Yavam come in front of Beis Din. They give to him a proper counsel - "v'Kor'u Lo Ziknei Iro";
She says "Me'en Yevami..." He says "Lo Chafatzti Lekachta." Both are in Lashon ha'Kodesh;
"L'Einei ha'Zekenim (v'Choltzah Na'alo) v'Yorkah Befanav" - the judges must be able to see her spit.
(Rav Yehudah): "V'Onsah v'Omrah" - the Mitzvah is that first she recites (the verses), then he does, then she removes his shoe, spits, and she recites;
Question: What is his Chidush? A Mishnah teaches this!
Answer: He teaches that this is only l'Chatchilah, but if the order was changed, it does not make a difference.
Support (Beraisa): Whether she removed his shoe and then spit, or spit beforehand, the Chalitzah is Kesherah.
Rava also excludes the Mishnah of Bigdei Kehunah.
A Kohen Gadol serves with eight garments, and a regular Kohen with four: Kesones (a tunic), pants, hat, and a belt.
The Kohen Gadol wears these and four more: the Choshen (on his chest), Efod (like an apron), Me'il (coat), and Tzitz (plate on the forehead).
(Beraisa): He should wear the pants first - "u'Michnesei Vad Yihyeh Al Besaro."
The Tana of the Mishnah listed the Kesones first, because the Torah lists it first.
Question: Why does the Torah list it first?
Answer: Because it covers the entire body, it is more important.
HOW CHACHAMIM LEARN THE ORDER OF SEVERITY OF THE FOUR MISOS
(Mishnah): Stoning, burning...
Stoning is more severe than burning, for it is given to blasphemers and idolaters.
Those are considered severe transgressions because they rebel against Hash-m; (the reasons for the severity of the transgressions remains the same in the entire discussion. We will not repeat them every time.)
Question: Burning is more severe, for (a Na'arah Me'urasah Bas Yisrael is stoned for Zenus, but) a Bas Kohen who was Mezanah is burned!
This is more severe (than Zenus of a Bas Yisrael), because she profanes her father!