POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Sanhedrin 3
1) THE JUDGES NEEDED FOR ADMISSIONS AND LOANS
(a) Objection #1 (against Answer 3:e, Daf 2B): If admissions
and loans do not need Mumchim, the Mishnah teaches
separate laws - monetary cases need three judges (even
amateurs), theft and wounds require three Mumchim (but R.
Avahu said that theft and wounds are examples of monetary
2) WHY DAMAGE WAS INCLUDED IN THE MISHNAH
(b) Objection #2: (against Answer 3:b (2B)): (If theft or
wounds are examples of monetary cases) why does the
Mishnah say 'three judges' by monetary cases, and repeat
'three judges' after theft and wounds and...)?
(c) Answer #2 (to Question 3:a (2B) - Rava): (Eiruv
Parshiyos applies here, Mid'Oraisa, three Mumchim are
needed also for admissions and loans;) the Mishnah
teaches two different laws:
1. (Mid'Rabanan, three amateurs suffice for monetary
cases (i.e. admissions and loans), lest people will
refrain from lending;
(d) (Rav Acha brei d'Rav Ika): (Rashi - Eiruv Parshiyos does
not apply here; Tosfos - even if it does) Mid'Oraisa, one
judge (even an amateur) suffices for admissions and loans
- "B'Tzedek Tishpot Amisecha";
2. Theft and wounds require three Mumchim.)
1. Mid'Rabanan, we require three judges, lest an
ignoramus give the wrong verdict.
(e) Question: Even with three judges, we should be concerned
for unlearned judges!
(f) Answer: Surely, at least one of the three people has
(g) Question: If so, we should say that if they erred, they
are exempt (Rashi - because they are allowed to judge;
Tosfos - to encourage learned people to judge).
(h) Answer: All the more so, this would encourage unlearned
people to judge!
(i) Question: (Practically,) what is the difference between
Rava and Rav Acha?
(j) Answer: They argue about Shmuel's law.
1. (Shmuel): If two judged a monetary case, the verdict
stands, just it is called an impudent Beis Din.
2. Rava argues with Shmuel, Rav Acha agrees with
(a) (Mishnah): Theft and wounds... damage, half-damage...
(b) Question: Damage is identical to wounds (whether an
animal or person hit a person)!
(c) Answer: Yes, there was no need to teach damage, it was
only taught along with half-damage.
(d) Question: Also half-damage is wounds!
(e) Answer #1: The Tana teaches fines (payments not equal to
the damage, only witnesses obligate one to pay them) and
'Mamon' (payments that are not fines).
(f) Question: This is according to the opinion that
half-damage is a fine;
1. According to the opinion that half-damage is Mamon,
what can we answer?
(g) Answer #2: Because he must teach double payment, four and
five, which are more than the principal, he also teaches
half-damage, which is less than the principal.
3) THE SOURCE FOR THREE JUDGES
1. Since he teaches half-damage, he also teaches
(a) Question: How do we know that three judges are needed?
4) REBBI REQUIRES FIVE JUDGES
(b) Answer (Beraisa - R. Yoshiyah): "V'Nikrav Ba'al ha'Bayis
El *ha'Elohim*" - this teaches one; "Ad *ha'Elohim* Yavo
Devar Shneihem" teaches a second; "Asher Yarshi'un
*Elohim*" teaches a third;
(c) R. Yonason says, the first time 'ha'Elohim' is said, it
is needed to teach that Mumchim are required, we cannot
expound it to teach the number of judges;
1. We expound the other two, to teach two judges; we do
not make a Beis Din with an even number of judges,
so we add a third.
(d) Suggestion: They argue whether or not we expound the
(e) Rejection: No, all agree that (normally) we do not
expound the first occurrence;
1. Here, R. Yoshiyah expounds it, because it should
have said 'Shofet' (judge); since the Torah rather
said "ha'Elohim", it teaches about how many are
(f) Question: Does R. Yoshiyah argue with the rule 'we do not
make a Beis Din with an even number of judges'?! (A verse
2. R. Yonason says, this merely suggests that someone
with a case should go to a Mumcheh.
1. (Beraisa - R. Eliezer son of R. Yosi ha'Galili):
"Lintos Acharei Rabim Lehatos" - we must make a Beis
Din that leans (that there is always a majority,
i.e. there are an odd number of judges).
(g) Answer #1: Yes - he holds like R. Yehudah, who says that
the Great Sanhedrin has 70 judges.
1. (Mishnah): The Great Sanhedrin has 71 judges;
(h) Objection: R. Yehudah only says that regarding the Great
Sanhedrin, he learns from a verse - we have no source
that he permits a regular Beis Din with an even number of
2. R. Yehudah says, it has 70.
1. Suggestion: Perhaps we do not distinguish between
the Great Sanhedrin and smaller Batei Din.
(i) Answer #2: R. Yoshiyah holds like R. Yehudah, and says a
2. Rejection (Mishnah - R. Shimon): Three judges are
needed for Semichah of judges and for the beheaded
3. R. Yehudah says, five are needed.
4. Question: What is R. Yehudah's reason?
5. Answer: "V'Somechu" teaches two judges, "Ziknei"
teaches two judges, a Beis Din cannot have an even
number of judges, so we add a fifth.
1. R. Yehudah only said that the Great Sanhedrin can
have an even number of judges, R. Yoshiyah says this
even regarding smaller Batei Din.
(j) Question: What does he learn from "Lintos"?
(k) Answer: He applies it to a Sanhedrin judging a capital
case, it cannot have an even number of judges.
(l) Question: Does he really say that Batei Din for monetary
cases can have an even number of judges?!
1. (Mishnah): If two judges say that he is innocent,
one says that he is guilty - he is innocent;
(m) Answer: No - a Kal va'Chomer teaches, we follow the
2. If two say that he is guilty, one says that he is
innocent - he is guilty;
3. If R. Yoshiyah learns from verses that three judges
are needed, all three must agree to make a verdict!
1. Even regarding capital cases, we follow the
majority, all the more so in monetary cases!
(a) (Beraisa): Three judges are needed for monetary cases;
(b) Rebbi says, five judges are needed, so there will be a
(c) Objection: Even with three judges, there will always be a
(d) Answer: He means, we need five judges in order that at
least three will agree to the verdict.
(e) Inference: He holds that the three judges learned from
verses must agree to make a verdict.
(f) Objection (R. Avahu): If so, the Great Sanhedrin should
require 141 judges, so 71 will agree to the verdict, and
a small Sanhedrin should need 45, so 23 will agree!
1. Rather, you must say, "Esfah Li Shiv'im Ish" - it
suffices to gather 70 (and one, we are not concerned
how many agree to the verdict); "V'Shofetu
ha'Edah... V'Hitzilu ha'Edah" - we only care about
how many judges deliberate;
(g) (R. Avahu): Rather, Rebbi learns from "Asher *Yarshi'un*
ha'Elohim", the plural form teaches two judges;
2. Likewise, "V'Nikrav Ba'al ha'Bayis El ha'Elohim" -
the concern is how many judges he approaches (not
how many agree to the verdict).
1. Likewise, "Ad ha'Elohim Yavo Devar Shneihem" teaches
two judges (we do not expound the first occurrence);
(h) Chachamim argue, because "Yarshi'un" is written missing a
'Vov', as if it was the singular 'Yarshi'an'.
2. A Beis Din cannot have an even number of judges, so
we add a fifth.