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|SANHEDRIN 10 (3 Av) - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and her husband Dr. Andy Koenigsberg. May his love for Torah and for Eretz Yisrael continue in all of his descendants.|
1. If two men testify that Ploni was Mezaneh (committed adultery) with one of their wives, Ploni is put to death, but the accuser's wife is not.
2. If Edim Zomemim testify that a man was Mezaneh with an unspecified Na'arah ha'Me'orasah or with an unspecified Shor, they are put to death but are not required to pay for the Kesuvah or the value of the Shor.
3. A person is not a Karov to his Shor.
4. Edim Zomemim are sometimes punished with Malkus (lashes).
5. According to the Rabanan, Dinei Malkus can be judged by three judges. According to Rebbi Yishmael, twenty-three judges are required for such cases.
6. A person who is Chayav Malkus is examined to determine how many lashes he can endure.
7. Kidush ha'Chodesh requires three judges, but there is a Machlokes amongst the Tanaim as to when Kidush ha'Chodesh is required.
8. Rebbi Meir maintains that a Beis Din of three judges has the authority to establish a leap year. Rebbi Shimon Ben Gamliel maintains that a Beis Din of three judges may begin the process of establishing a leap year, but more judges must be added until the court consists of seven judges.
A BIT MORE
1. A person cannot testify against a relative, so the husband's testimony against his wife is invalid. However, he can be a witness against Ploni. In this case, Beis Din accepts his testimony to incriminate Ploni, even though the very same statement is not accepted to incriminate his wife.
2. If Edim Zomemim testify that Ploni was Mezaneh with a specific Na'arah ha'Me'orasah or with a specific Shor, they are put to death because their testimony would have caused Ploni to be put to death, and they also must pay for the Tovas Hana'ah (market value) of the Kesuvah or for the value of the Shor, since their testimony would have caused a monetary loss to the Na'arah's father or to the Shor's owner. However, if the witnesses did not identify a specific Shor or Na'arah, they are merely put to death, but they do not incur a monetary penalty since their testimony would not have caused a monetary loss to anyone.
3. If the owner of the Shor testifies that Ploni was Rove'a his Shor, his testimony is accepted and Ploni is put to death. Since his testimony is accepted with regard to Ploni, Beis Din accepts his testimony with regard to the Shor as well, and the Shor is given Sekilah. In general, if a person gives testimony that would incriminate a Karov as well as another person, the testimony is accepted only regarding the other person but not regarding his Karov. The owner of a Shor, however, is not considered a Karov to the Shor, and his testimony is accepted with regard to the Shor, as well.
4. In a case in which Edim Zomemim cannot incur the punishment of ka'Asher Zamam, they are punished with Malkus instead. For example, if Edim Zomemim testify that a certain Kohen is the son of a divorcee and is therefore disqualified from the Kehunah, they are not punished by being disqualified from their own Kehunah. Rather, they incur the penalty of Malkus.
5. According to Abaye, Rebbi Yishmael derives the requirement of twenty-three judges through a Gezeirah Shaveh from the penalty of Misah. The word "Rasha" appears in the Torah in conjunction with both the punishment of Malkus and the punishment of Misah. This Gezeirah Shaveh teaches that cases of Malkus, just like cases of Misah, must be tried by twenty-three judges. Rava, however, maintains that Malkus is considered a form of Misah, and it is therefore understood, even without a Gezeirah Shaveh, that cases of Malkus must be tried by twenty-three judges.
6. A person who is Chayav Malkus may not be given more lashes than he is able to withstand. Furthermore, the number of lashes he receives must be divisible by three. Therefore if he is able to withstand twenty lashes, he is given only eighteen.
7. Rebbi Eliezer Ben Tzadok maintains that Beis Din is Mekadesh the Chodesh only if the new moon is seen on the thirtieth day of the month, but if the new moon is not seen until the thirty-first day, the month does not require Kidush. Plimo maintains that Beis Din is Mekadesh the Chodesh only if the new moon is seen on the thirty-first day of the month, but if it appears already on the thirtieth day, Kidush is not required. Rebbi Eliezer maintains that Beis Din is never Mekadesh the Chodesh, and the only time period that Beis Din is Mekadesh is the Yovel.
8. Rebbi Shimon Ben Gamliel maintains that a Beis Din of three judges may decide whether there are grounds to consider establishing a leap year. If two out of the three judges believe that a leap year should be considered, two more judges must be added because the deliberations require five judges. If three out of the five judges decide to declare the year a leap year, two more judges are added and the seven judges declare it a leap year.
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