POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Sanhedrin 74
1) ONE WHO CAN SAVE WITHOUT KILLING
(a) Question: What is R. Yonason ben Sha'ul's source?
2) WHEN DO WE KILL TO PREVENT A TRANSGRESSION?
(b) Answer: "V'Chi Yinatzu Anashim Yachdav";
1. (R. Elazar): The verse discusses a fight to kill -
"v'Im Ason Yiheyeh v'Nosata Nefesh Tachas Nafesh"
(Beis Din only kills one who intended to kill).
(c) Question: Perhaps he pays for the fetus (to its father)
because he was Chayav Misah 'to' (i.e. on account of) a
different person (the man he wanted to kill).
2. Still, if no one dies (and one of them hit a woman,
killing her fetus) he pays for the loss of the
3. According to R. Yonason ben Sha'ul, we understand
why he pays - the case is, someone could have
stopped him by maiming a limb.
4. But if a Rodef may be killed even in this case, what
is the case when he pays?
(d) Rejection: We do not distinguish, in either case he is
1. (Rava): If Levi was Rodef Yehudah and Levi broke
vessels, he is exempt, whether they belong to
Yehudah or to others, for he is liable to be killed.
2. If Yehudah broke Levi's vessels, he is exempt -
since he may kill Levi, all the more so he may break
3. If Yehudah broke someone else's vessels, he is
liable - one may not save himself with another's
4. If David was Rodef Levi in order to save Yehudah and
David broke vessels, whether they belong to Yehudah
or to others, he is exempt;
i. Letter of the law, he is liable; this is an
enactment, so people will not refrain from
trying to save a Nirdaf.
(a) (Mishnah): An onlooker may not kill someone chasing an
animal to commit bestiality.
3) FOR WHICH TRANSGRESSIONS MUST ONE FORFEIT HIS LIFE?
(b) (Beraisa - R. Shimon): A Kal va'Chomer teaches that we
may kill someone about to serve idolatry:
1. We may kill someone about to Pogem (rape) a person -
all the more so, if he is about to 'Pogem' Hash-m
(c) (Beraisa - R. Elazar b'Rebbi Shimon): We may kill someone
about to desecrate Shabbos.
2. Question: We do not punish based on a Kal va'Chomer!
3. Answer: Indeed, he holds that we do punish based on
a Kal va'Chomer.
1. He hold like his father, that we punish based on a
Kal va'Chomer; he learns Shabbos from a Gezeirah
Shavah "Chilul-Chilul" from idolatry:
(a) (R. Yochanan): A vote was taken (among Chachamim), they
concluded that if a person is told to transgress or else
be killed, he may (Tosfos; Rambam - must) transgress,
with three exceptions - idolatry, Arayos, and murder (he
may not transgress any of these).
(b) Question: Is idolatry really an exception?!
1. (Beraisa - R. Yishmael): If a person is told to
serve idolatry or be killed, he may (Rambam - must)
transgress - "va'Chay Bahem", do not die on account
(c) Answer: The majority voted that the Halachah follows R.
2. Suggestion: Perhaps this applies even in public!
3. Rejection: "V'Lo Sechalelu Es Shem Kodshi
1. (Beraisa - R. Eliezer) Question: "V'Ahavta Es Hash-m
Elokecha b'Chol Levavcha uv'Chol Nafshecha uv'Chol
Me'odecha" - why must it say both "Uv'Chol
Nafshecha" and "Uv'Chol Me'odecha"?
(d) We learn Arayos and murder as Rebbi did.
2. Answer: If a person's Nefesh (life) is dearer to him
than his money, he is commanded to love Hash-m (and
refuse to serve idolatry), even if he must forfeit
3. If his money is dearer to him than his life, he is
commanded to love Hash-m, even if he must lose his
1. (Beraisa - Rebbi) Question: "Ki
Ka'asher...u'Retzacho Nefesh" (the law of Na'arah
Me'orasah is like Rotze'ach).
(e) Question: How do we know that must forfeit his life and
2. Question: We do not learn Na'arah Me'orasah from
Rotze'ach - it says explicitly, we do not kill her,
for she was Anusah!
3. Answer: The verse seems to learn Na'arah Me'orasah
from Rotze'ach, but really, Na'arah Me'orasah
teaches about Rotze'ach;
i. It equates Na'arah Me'orasah and Rotze'ach -
just as one can kill one who seeks to rape a
Na'arah Me'orasah, one can kill a Rodef.
ii. It also equates Rotze'ach to Na'arah Me'orasah
- just as one must forfeit his life and not
murder, one must forfeit his life and not
(f) Answer: Reasoning teaches this.
1. A man asked Rava: The mayor told me to kill Peloni
or be killed - what should I do?
(g) (Rav Dimi citing R. Yochanan): We transgress (all Mitzvos
except for the three) to save a life - this is only when
the king did not decree against the Mitzvos;
2. Rava: Be killed, do not kill - perhaps Peloni is
more worthy to live than you!
1. If the king decreed that we must transgress, one may
not transgress even a light Mitzvah, he must submit
to be killed.
(h) (Ravin citing R. Yochanan): Even when the king did not
decree, one may not transgress even a light Mitzvah in
public, he must submit to be killed.
(i) Question: What is considered a light Mitzvah?
(j) Answer (Rava bar Rav Yitzchak): Even tying shoelaces like
the custom of Yisraelim.
(k) Question: What is considered in public?
4) ARE "BENEI NO'ACH" OBLIGATED IN "KIDUSH HASH-M"?
(l) Answer (R. Yakov): If at least 10 people are present.
1. Obviously, he refers to Yisraelim - "V'Nikdashti
b'Soch Benei Yisrael".
(m) Question (R. Yirmeyah): If there are nine Yisraelim and
one Nochri, what is the law?
(n) Answer (Rav Yanai, brother of R. Chiya bar Aba): We learn
from a Gezeirah Shavah "Toch-Toch":
1. It says here "V'Nikdashti b'Soch Benei Yisrael", it
says regarding the Meraglim "Hibadlu mi'Toch ha'Edah
(o) Question: Esther was married to Achashverosh in public
(i.e. many Yisraelim knew about it - she should have
refused and forfeited her life)!
2. Just like there, there were 10 (evil Meraglim), all
were Yisraelim, also here there must be 10
(p) Answer #1 (Abaye): She was totally passive (she never did
action (until she went to the king on Mordechai's
command) - in such a case, one need not forfeit his
(q) Answer #2 (Rava): When the Nochri wants the Yisrael to
transgress for the Nochri's enjoyment, even in public,
one need not forfeit his life.
(r) Support (Rava, for himself): On their idolatrous
festivals, Nochrim demand that we give them vessels with
coals (for their rituals) - even though this pertains to
idolatry, we allow them, we do not forfeit our lives!
1. We must say, since they intend for their own
pleasure, it is permitted.
(s) This is as Rava holds elsewhere.
1. (Rava): If a Nochri told a Yisrael on Shabbos 'Cut
(attached) fodder and feed my animal, or else I will
kill you', he may (Rambam - must) cut it and live;
2. If he told him 'Cut fodder and throw it in the
river, or else I will kill you', he may not cut it.
3. Question: What is the reason?
4. Answer: The Nochri solely intends to make the
(a) Question: Are Benei No'ach commanded about Kidush Hash-m?
(b) Answer #1 (Abaye - Beraisa): Benei No'ach are commanded
about seven Mitzvos;
1. If they were commanded about Kidush Hash-m, this
would be an eighth!
(c) Rejection (Rava): They are commanded about seven Mitzvos
and all their ramifications (i.e. this could include
forfeiting their lives rather than transgressing one of
the seven Mitzvos).
(d) Answer #2 (Rav Ada bar Ahavah): "...Yislach
Hash-m...Adoni...Nish'an Alai v'Hishtachavayasi" (Na'aman
accepted to be a Ger Toshav, and mentioned that he must
bow with his master to idolatry) - Elisha agreed, "Lech
1. Version #1 (Our text, Rashi) If he is commanded
about Kidush Hash-m, Elisha should have protested!
2. Rejection: Yisraelim would not see it, perhaps Benei
No'ach are commanded to Mekadesh Hash-m in front of
3. Version #2 (Tosfos) If he is commanded about Kidush
Hash-m, Elisha should have explained that he is only
permitted in private, not in public!