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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sotah 45

1) If "Zekeinecha" implies two judges according to Rebbi Shimon, and "ve'Shoftecha" another two according to Rebbi Yehudah, then "ve'Yatz'u" and 'u'Mad'du" should add another four judges (making seven according to the one and nine according to the other). In fact, they both agree that "ve'Yatz'u" comes to obligate the judges themselves to go to the scene of the murder and not to send Sheluchim.
What does "u'Mad'du" then come to teach us?


(a) The author of our Mishnah (which obligates only the judges to participate in the ceremony of Eglah Arufah) cannot be Rebbi Eliezer ben Ya'akov.
Which additional two people does "ve'Shoftecha" come to include, according to him?

(b) We have doubts whether Rebbi Eliezer ben Ya'akov even agrees with Rebbi Yehudah or Rebbi Shimon regarding the number of judges who had to go out. What would be the alternative?

(c) Rav Yosef resolves the She'eilah from a Beraisa, which speaks about a Zakein Mamrei meeting the Sanhedrin in Bei Pagi.
Where is 'Bei Pagi'?

(d) What does the Tana there say with regard to a Zakein Mamrei who met the Sanhedrin in Bei Pagi and rebelled against them there? What does he learn from "ve'Kamta ve'Alisa el ha'Makom ... "?

(a) Why must the Beraisa be speaking when ...
  1. ... the Zakein Mamrei encountered the entire Sanhedrin in Bei Pagi?
  2. ... they left the Lishkas ha'Gazis for a D'var Mitzvah and not a D'var Reshus?
(b) Abaye refutes Rav Yosef's proof by establishing the Sanhedrin's departure from the Lishkas ha'Gazis to perform a different Mitzvah (that requires the entire Sanhedrin).
Which Mitzvah?

(c) In view of Abaye's alternative interpretation of the Beraisa, is Rav Yosef's proof accepted?

(d) So what have we now proved?

(a) Rebbi Yehudah extrapolates from the Pasuk "ve'Shachachta Omer ba'Sadeh", 'P'rat le'Tamun' (conforming with the Tana of our Mishnah, which Darshens "ba'Adamah", 'P'rat le'Tamun'.
What do the Rabbanan say?

(b) How does Rav reconcile the Rabbanan with our Mishnah, by examining both accompanying Pesukim ("Ki Yimatzei Chalal [ba'Adamah]" and "Ki Siktzor Ketzircha be'Sadcha ve'Shachachta Omer [ba'Sadeh]")?

(c) In fact, Rebbi Yehudah will preclude 'Tamun' from 'Shikchah Dumyah de'Katzir'.
What will he then learn from "ba'Sadeh"?

(d) What do the Rabbanan learn from "be'Sadcha ve'Shachachta"?

(a) What do we initially think Rebbi Avahu Amar Rebbi Elazar means, when, explaining Rebbi Yehudah, he learns from "be'Sadcha ve'Shachachta" 'P'rat le'she'Tzafu Omrin le'Toch Sadeh Chaveiro'?

(b) The Rabbanan learn this from "be'Sadeh" "be'Sadcha".
What does Rebbi Yehudah Darshen from "be'Sadeh" be'Sadcha"?

(c) Is Shikchah applicable to sheaves that were blown into someone else's field?

(d) How does this deter us from inferring from Rebbi Avahu Amar Rebbi Elazar that 'Tzafu' would be considered Shikchah in his own field?

6) What then does Rebbi Avahu Amar Rebbi Elazar mean when he speaks about Tzafu in someone else's field?


(a) The Tana Kama in a Beraisa, maintains that if someone places a sheaf that he intends to take into town on top of another sheaf and then forgets both sheaves, the bottom one is Shikchah, and the top one is not.
What does Rebbi Shimon ben Rebbi Yehudah say?

(b) What do we attempt to prove from the fact that both Tana'im agree that the top sheaf is not Shikchah?

(c) How do we refute this proof? What is the real reason that the top sheaf is not Shikchah?

(d) If that is the reason, then why did the Tana need to mention that he placed the one sheaf on top of the other, seeing as the Din would have been exactly the same had he placed it on the ground?

(a) Why did Rebbi Shimon ben Rebbi Yehudah say 'Mipnei she'Hu Tzaf' (seeing as that is not the real reason as we just explained)?

(b) What did Abaye mean to say when he once announced that he felt like ben Azai in the main streets of Teveryah? What was the name of Abaye's hometown?

(c) A certain Talmid-Chacham asked him what the Din would be if one came across one corpse on top of another.
Why might one measure ...

  1. ... just from the top one?
  2. ... just from the bottom one?
  3. ... from neither corpse?
(d) Is there a fourth possibility?
Answers to questions



(a) Abaye resolved the She'eilah (of Tamun) from the Machlokes between the Tana Kama and Rebbi Shimon ben Yehudah Amar Rebbi Shimon (who argue over the bottom sheaf).
Assuming that both Tana'im hold like Rebbi Yehudah, what will then be their Machlokes?

(b) We refute this proposal however.
How do we then establish their Machlokes?

(c) What will they both hold in the opinion of Rebbi Yehudah with regard to Tamun by 'Min be'Mino'?

(d) In that case, why does the Tana speak in a case where the owner placed one sheaf on top of another and not on dust or clods of earth?

(a) The Tana Kama of the Beraisa, explaining the Pasuk "Ki Yimatzei Chalal ba'Adamah Nofeil ba'Sadeh" precludes Tamun be'Gal from "ba'Adamah", hanging on a tree (even though he was killed by the sword) from "Nofeil", and floating on the water from "ba'Sadeh".
What two D'rashos does he make from "Chalal"?

(b) Which is the only specification from all of these that Rebbi Elazar requires?

(c) Rebbi Yossi b'Rebbi Yehudah asked Rebbi Elazar that, in view of the fact that he Darshens "Chalal", why does he ignore the D'rashos of "ba'Adamah", "Nofeil" and "ba'Sadeh".
What was his reply?

(a) On what basis does the Tana of our Mishnah exempt a corpse who was found near a border town or a town that is inhabited mainly by Nochrim from the Din of Eglah Arufah?

(b) What do we learn from the Pasuk "Ziknei ha'Ir"?

(c) Having taught us that we do not measure to a town which has no Beis-Din, why does the Tana find it necessary to continue that one only measures to a town which has a Beis-Din?

(d) We Darshen this from the Pasuk "ve'Lakchu Ziknei ha'Ir ha'Hi Eglas Bakar".
How do we learn it from there?

(a) What does Rebbi Eliezer say about a corpse that one finds exactly in between two towns? What two factors comprise this ruling?

(b) The Tana of our Mishnah rules that Yerushalayim cannot bring an Eglah Arufah. His source is the Pasuk "Lerishtah".
What important Halachah accompanies this D'rashah?

(c) According to Rebbi Eliezer, if a corpse is found in one spot and its head in another, one carries the head to the body and measures from there. Rebbi Akiva maintains the opposite.
What ...

  1. ... is the basis of their Machlokes?
  2. ... are its ramifications?
If they are not arguing in connection with Eglah Arufah, in which connection *are* they arguing?
(a) According to Rebbi Eliezer, they would measure from the navel, according to Rebbi Akiva, from the nostrils.
What does Rebbi Eliezer ben Ya'akov say?

(b) Rebbi Eliezer ben Ya'akov's source is the Pasuk in Yechezkel "Laseis Oscha el *Tzavrei Chalelei* Resha'im".
What is the basis of the Machlokes between Rebbi Eliezer and Rebbi Akiva?

(c) This Machlokes seems to follow the Machlokes between the Tana Kama of the Beraisa, who holds that a baby's head is formed first, and Aba Shaul, who holds that it is his navel.
How do we reconcile Aba Shaul with Rebbi Akiva.

(d) What do we learn from the Pasuk in No'ach "Kol Asher Nishmas Ru'ach Chayim be'Apav"?

(a) The elders of the Beis-Din ha'Gadol, having performed their Mitzvah (of measuring) returned to the Lishkas ha'Gazis.
Who then brought the Eglah Arufah?

(b) The calf must have never drawn a yoke.
Did it matter if it was blemished.

(c) It was taken down to a hard valley (of virgin soil).
Did it matter if the earth there was not hard?

(d) How did they kill it?

(a) If working that valley was permanently prohibited, why was combing flax and cleaning stones there permitted?

(b) Who would make the announcement 'Yadeinu Lo Shafchu es ha'Dam ha'Zeh ... '? What did they do prior to making the announcement?

(c) Who prayed 'Kaper le'Amcha Yisrael Asher Padisa Hashem ... '?

(d) And who declared 've'Nikaper Lahem ha'Dam'?

Answers to questions

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