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(a) The Beraisa learns from the fact that the Pasuk in Ki Seitzei writes "Chet Mishpat Maves ve'Humas ve'Saliso Oso ... " (and not just "Chet Mishpat Maves ve'Saliso Oso ... ") - that the condemned man is stoned first and hanged afterwards (rather than vice-versa, in the way that the Nochrim do).
(b) Beis-Din wait until shortly before Sheki'ah before concluding the Din of the accused - for fear that if they condemn him, put him to death earlier in the day and hang him, they will forget to take him down before nightfall.
(c) One person hangs him, and another immediately unties his hands and takes him down.
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(a) Given that we already know (from one of the extra Leshonos in the Pasuk) that the beam on which the condemned man is hanged also requires burial, the Tana learns from the extra words "Ki Kavor" - that the hanging must take place on a detached beam of wood (which only requires burial), and not on a tree (which requires chopping-down and burial).
(b) Rebbi Yossi adds to this D'rashah - that the beam may not be stuck into the ground either, because then it would require digging out and burial (as we learned in our Mishnah).
(c) To explain why the body must be taken down immediately, Rebbi Meir gives the parable - of two like-twin brothers, one of whom became king, the other, a robber. One day, the robber was caught and hanged. However, when people confused the hanging man with the king, the king ordered him to be taken down.
(d) In our case too - man is created in the Image of G-d (and like in the case of a Mashal, it would be a Chilul Hash-m to leave him hanging).
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(a) When, according to Rebbi Meir, Hash-m says 'Kalani me'Roshi ... ', Rava refutes Abaye's suggestion, that He means to say 'Kal Lis' ('I do not feel light in My head ... ', meaning that He feels heavy]) - because then, He should rather have said 'Kaveid Alai Roshi ... '.
(b) According to Rava, Hash-m means 'Kil Li Alma' - meaning 'The world is too heavy for Me' (only Hash-m said ['Kil' instead of 'Kaveid'] 'be'Lashon Sagi Nahor', since what He said sounds better than what He really meant).
(c) In fact, Rebbi Meir bases his statement on the Pasuk "Ki Kilelas Elokim Taluy". We know that the word is not needed for itself (to teach us that someone who curses Hash-m must be hanged) - because then, the Pasuk should have said (not "Kilelas'", but) 'Mekalel'.
(d) Nevertheless, we also learn that a Mekalel (and whatever we learn from it) must be hanged - because if it came solely for the current D'rashah, then the Torah would have said 'Ki Kilas Elokim ... '. "Kilelas", with two 'Lameds', enables us to learn both D'rashos.
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(a) Rebbi Yochanan in the name of Rebbi Shimon ben Yochai learns that whoever leaves his dead unburied until the morning, transgresses the La'v of "Lo Salin" from the word "Tikberenu" (in the Pasuk "Kavor Tikberenu ... Lo Salin"), which is superfluous (see Rashash).
(b) In the second Lashon, Rebbi Yochanan learns - the Mitzvah of Kevurah (burying one's dead) from there.
(c) When, in reply to Shavur Malka (King of Persia)'s request for the source of burial, Rav Chama remained silent, Rav Acha bar Ya'akov commented - that the world seemed to have been handed over to fools, because, he thought, there are so many possible sources.
(d) Rav Chama in fact, did not cite as a source ...
1. ... "Kavor" - because that could refer to placing the corpse in a coffin and leaving it above ground level.
2. ... "Tikberenu" - because Shavur Malka would never accept a superfluous word as a Halachic source.
3. ... the fact that one buries Tzadikim - because that might just be a Minhag, and not a Halachah.
4. ... the fact that Hash-m buried Moshe, or that Achiyah ha'Shiloni prophesied that Aviyah ben Yeravam would merit burial for negating the border-guards that he father had placed - because both of these may have merely been a matter of conforming with the Minhag.
5. ... the fact that Yirmiyah prophesied that the Resha'im would not merit burial - since he too, might have meant that they would not merit to be buried according to the Minhag (and does not prove that it is Halachah).
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(a) We ask whether the purpose of burial is to avoid the disgrace of bodies lying in the open rotting and splitting open - a matter of Kavod ha'Chayim (see also Tosfos DH 'Kevurah'), or to attain atonement by being placed deep inside the earth (which is for the needs of the Meis).
(b) The ramifications of this She'eilah - are manifest in a case where the deceased left instructions not to bury him (which will be acceptable according to the second side of the She'eilah, but not according to the first).
(c) We refute the attempt to resolve the She'eilah from ...
1. ... Tzadikim, who surely do not require a Kaparah - by dismissing that as a myth, seeing as the Pasuk in Koheles has already taught us that "There is no Tzadik on earth who does only good and who does not sin".
2. ... the Resha'im of Yirmiyah's prophesy, which we cited earlier (who would certainly require a Kaparah if that was what was required) - because even if the reason is because of Kaparah, they do not deserve atonement. Note, it is unclear how we will explain Yirmiyah's prophecy, even if the reason for burial is because of disgrace.
(d) We also ask whether a Hesped is in honor of the Meis or of the relatives. Besides a case where the Meis, or the family, specifically asked for there not to be a eulogy, this She'eilah also has ramifications of whether we force the heirs to pay the expenses of the eulogies (the eulogizer's fees ... ) - which we certainly will if it is be in honor of the deceased.
(e) There is no proof from the fact that ...
1. ... the b'nei Cheis delayed burying Sarah until Avraham returned from the Akeidah to eulogize her, that Hesped must be Kavod ha'Meis - because even it was because of Kavod ha'Chai, Sarah would have wanted them to wait, so that Avraham would be honored through her.
2. ... Yisrael eulogised Aviyah bar Yeravam (whose entire family were total Resha'im), that Hesped must be Kavod ha'Meis - because Aviyah (who was considered a Tzadik in this regard), would have derived benefit from the fact that the other people (who were albeit Resha'im) would be honored through him, even if it was Kavod ha'Chayim.
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(a) According to what we just explained, even assuming that Hesped is Kavod ha'Chayim, they did not also eulogize the Resha'im in the time of Yirmiyahu, to give pleasure to the Tzadikim - because Tzadikim derive no benefit through the Resha'im.
(b) Yirmiyah told Tzidkiyah that he would die in peace ... and that they would eulogise him 'Hoy Adon' - a proof that Hesped must be Kavod ha'Meis, because if it was Kavod ha'Chayim, what was the point of telling Tzidkiyah about it?
(c) We refute this proof too however - because the Navi was telling him was that Yisrael were destined to show him respect, in the same way as they showed his ancestors honor.
Index to Review Questions and Answers for Maseches Sanhedrin