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 36
1) DOES MISAS BEIS DIN OVERRIDE AVODAH? (Cont.)
(a) Rejection #1 (Rava): (You cannot say that "Me'Im Mizbechi
Tikachenu Lamus" refers only to a Korban Yachid, because)
a Kal va'Chomer should teach that Misas Beis Din does not
override Avodah, even for a Korban Yachid!
2) THE GREATEST CHACHAM
1. A Korban Yachid overrides Yom Tov, but Misas Beis
Din does not override Yom Tov - all the more so,
Misas Beis Din does not override a Korban Yachid!
(b) Question: This is like the opinion that we may bring
Nedarim and Nedavos on Yom Tov (Rava assumed that a
Korban Yachid overrides Yom Tov);
1. But according to the opinion that we may not bring
Nedarim and Nedavos on Yom Tov, how can he refute
(c) Answer (Rava): According to the opinion that we may bring
Nedarim and Nedavos on Yom Tov, "Me'Im Mizbechi" surely
refutes Abaye's Kal va'Chomer;
1. Even according to the opinion that we may not bring
Nedarim and Nedavos on Yom Tov, "Me'Im *Mizbechi*"
denotes the (Korban on the) Mizbe'ach special to
Hash-m, i.e. the Tamid, a Korban Tzibur, and the
Torah commands to kill the Kohen before he does the
(a) (Mishnah): In monetary cases or questions of Tum'ah...
3) COUNTING A REBBI AND HIS TALMID
(b) (Rav): I was counted on Rebbi's Beis Din, and I used to
(c) Question: But the Mishnah says that we begin with the
greatest (they did not judge capital cases then)!
(d) Answer (Rabah brei d'Rava): Rebbi's Beis Din was
different, they always used to begin with an intermediate
(e) (Rabah brei d'Rava): From the time of Moshe until Rebbi,
the greatest Chacham was never the leader.
(f) Question: Yehoshua was also the greatest Chacham and the
(g) Answer: There was a Chacham like him, Elazar.
(h) Questions: Each of the following was the greatest Chacham
of his time and the leader: Pinchas, Sha'ul, David,
Shlomo, Chizkiyah, and Ezra!
(i) Answer: Each had another Chacham like him - Pinchas had
the Zekenim (Shofetim), Sha'ul had Shmuel, David had Ira
ha'Ye'iri, Shlomo had Shim'i ben Gera, Chizkiyah had
Shevna, and Ezra had Nechemyah.
(j) Questions: After Shmuel died, Sha'ul was the greatest
Chacham (and similarly, Shlomo after he killed Shim'i,
Chizkiyah after Shevna died)!
(k) Answer: Rabah meant, no one else was the greatest Chacham
all the years that he was the leader.
(l) (Rav Ada bar Ahavah): Likewise, from the time of Rebbi
until Rav Ashi, the greatest Chacham was never the
(m) Question: There was Huna bar Noson (he was as powerful as
(n) Answer: Huna was submissive to Rav Ashi.
(o) (Mishnah): In capital cases we begin with an intermediate
(p) Question: What is the source of this?
(q) Answer #1 (Rav Acha bar Papa): "Lo Sa'aneh Al Riv" - we
read this 'Al *Rav*', do not argue with the greatest
Chacham (perhaps he will give a reason for Chiyuv, and no
one will argue with him).
(r) Answer #2 (Rabah bar bar Chanah): "Va'Yachgeru Ish Es
Charbo Gam David" (to judge Uriyah to be Mored
(a) (Rav): In capital cases, one may explain the reasons for
Zechus and Chiyuv to his Talmid, and the Talmid is also
counted in the vote on the verdict.
(b) Question (Beraisa): In cases of Tum'ah, a father and his
son, or a Rebbi and his Talmid count as two;
1. In monetary cases, capital cases, lashes, Kidush
ha'Chodesh, and Ibur Shanah, a father and his son
(or a Rebbi and his Talmid) only count as one.
(c) Answer: Rav referred to Talmidim such as Rav Kahana and
Rav Asi, who needed to hear teachings from a Rebbi, but
could reason by themselves and did not need a Rebbi for
4) WHO MAY JUDGE CAPITAL CASES
(a) (R. Avahu): There are 10 differences between monetary and
capital cases; the only one which applies to a Shor
ha'Niskal is that 23 judges are required.
5) HOW SANHEDRIN SITS
(b) Question: What is the source of this?
(c) Answer (Rav Acha bar Papa): "Lo Sateh Mishpat Evyoncha
b'Rivo" - you do not tilt (to Mechayev through a majority
of one) the judgment of the poor, but you may tilt the
judgment of an ox.
(d) Question: Our Mishnah teaches nine differences, not 10!
1. Question: It teaches 10!
(e) Answer: A Beraisa teaches the 10th.
2. Answer: Two of these 10 are counted like one (23
judges are required, and not everyone is qualified
to judge capital cases - both laws are because a
Sanhedrin is required).
1. (Beraisa): We do not put on the Sanhedrin someone
who is old (and has forgotten the pain of raising
children), a Seris, or one who has no children.
(f) (Mishnah): Everyone is qualified to judge monetary cases.
2. R. Yehudah says, also a cruel person is
3. The opposite applies to a Mesis (we prefer such
judges) - "Lo Sachmol v'Lo Sechaseh Alav".
(g) Question: What does this come to include?
(h) Answer (Rav Yehudah): It includes a Mamzer.
(i) Question: Rav Yehudah already taught this (from a
1. (Mishnah): Anyone fit to judge capital cases is fit
to judge monetary cases;
(j) Answer: One Mishnah includes a convert, one includes a
Mamzer; we must teach both.
2. There is someone qualified for monetary cases who is
disqualified for capital cases.
3. Question: What does this come to include?
4. Answer (Rav Yehudah): It includes a Mamzer.
1. If we only taught a convert, one might have thought
that he is Kosher for monetary cases, because he can
marry a Bas Yisrael, but a Mamzer is disqualified;
(k) (Mishnah): Not everyone is qualified to judge capital
2. If we only taught a Mamzer, one might have thought
that he can judge monetary cases because he was
conceived by Yisraelim, but a convert would be
(l) Question: What is the reason?
(m) Answer (Rav Yosef): Just as Beis Din are clean from
transgressions, they must be clean from all blemishes (of
(n) (Ameimar): We learn from "Kulach Yafah Rayasi u'Mum Ein
(o) Question: Perhaps it refers to physical blemishes!
(p) Answer #1 (Rav Acha bar Yakov): "Ve'Hisyatzvu Imach" -
they must resemble you (Moshe), i.e. have proper lineage.
(q) Objection: Perhaps Moshe's Sanhedrin needed proper
lineage in order that the Shichchah should rest on it
(but later Sanhedriyos do not)!
(r) Answer #2 (Rav Nachman bar Yitzchak): "V'Nas'u Itach" -
they must resemble you (the judges were appointed to
judge the people, not for the Shechinah to rest on them).
(a) (Mishnah): (Even a small) Sanhedrin sat in a semi-circle,
in order that they should see each other.
(b) One scribe stands to the right of the judges and writes
the words of the Mezakim, one scribe stands to the left
and writes the words of the Mechayvim.
(c) R. Yehudah says, there are three scribes - one writes the
words of the Mezakim, one writes the words of the
Mechayvim, and one writes both.