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SANHEDRIN 46
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SANHEDRIN 46 (9 Elul) - Dedicated by Elliot and Lori Linzer in honor of the Yahrzeit of Chana bas Mordechai Eliezer.

SUMMARY

1. The Rabanan maintain that the words of the Torah form Klalim and Pratim, while Rebbi Eliezer maintains that the words of the Torah should be understood as Ribuyim and Mi'utim.
 
2. Rebbi Eliezer maintains that both a woman and a Ben Sorer u'Moreh are hanged after they are given Sekilah.
 
3. A Beis Din may not judge two cases of Dinei Nefashos on the same day unless they are both about the same Aveirah.
 
4. Sometimes a man and a woman who are Mezaneh together are punished with two different Misos.
 
5. Beis Din may punish a person with Makos or Misah even if he is not technically deserving of such a punishment, if it is necessary for that time and place.
 
6. A person who is Chayav Sekilah is stoned immediately before sunset. He is then hanged momentarily and immediately taken down.
 
7. It is prohibited by a Lo Sa'aseh to leave a person hanging overnight.
 
8. A person who is put to death by Beis Din is not buried with his ancestors.
 
9. It is a Safek if the purpose of burying the dead is to prevent their disgrace or to atone for their sins.
 
10. It is a Safek if the purpose of a eulogy is to bring honor to the deceased or to the living.

A BIT MORE

1. When a Klal is followed by a Prat, it is meant to exclude everything other than the Prat itself. When a second Klal appears after the Prat, the intention is to include everything that is similar to the Prat. A Ribuy and Mi'ut are more inclusive than a Klal and Prat. When a Ribuy appears and is followed by a Mi'ut, the implication is to include everything that is similar to the Mi'ut. If a second Ribuy appears after the Mi'ut, the verse includes all possible items except one.
 
2. The Rabanan disagree with Rebbi Eliezer and maintain that only a Megadef or a person who worshipped Avodah Zarah is hanged, and only if he is a man.
 
3. A Beis Din may not judge two capital cases on the same day even if both cases involve the same Misah but different Aveiros, such as when two people are accused of witchcraft but one is accused of using Ov and the other is accused of using Yid'oni. Even though both defendants would be subject to the same death penalty, Beis Din must judge each case on a different day because each case requires its own reasoning and Beis Din must have enough time to contemplate and investigate the Din appropriately.
 
4. When the married daughter of a Kohen is Mezaneh, she is punished with Sereifah but the Bo'el receives a different punishment. If the Bas Kohen was an Arusah, he is punished with Sekilah, and if she was a Nesu'ah, the Bo'el receives Chenek. If witnesses testify falsely that a Bas Kohen was Mezaneh, they are punished with the Misah that the Bo'el would have incurred. Thus, if a Bas Kohen is sentenced to death along with Zomemei Zomemim (witnesses who tried to be Mazim the original witnesses but were themselves found to be Edim Zomemim), she receives Sereifah and the Zomemei Zomemim receive Chenek if she was a Nesu'ah or Sekilah if she was an Arusah.
 
5. During the time of the Greeks, a person once rode a horse on Shabbos and was put to death by Beis Din even though the transgression he had committed was only d'Rabanan. Beis Din executed him because people at that time were lax in their observance of the Mitzvos and it was necessary to punish the person harshly in order to reinforce Mitzvah observance among the people.
 
6. According to the Tana Kama, when a person who received Sekilah was hanged, an uprooted tree would be inserted in the ground and he would be hung by his hands and immediately taken down. Rebbi Yosi maintains that the tree would be leaned against a wall rather than being inserted in the ground.
 
7. It is prohibited by a Lo Sa'aseh to leave any Meis overnight without burial. However, it is permitted to delay the burial of a Meis for his own honor, in order to bring a coffin or Tachrichim.
 
8. There were two cemeteries for people who were put to death by Beis Din. One of the cemeteries was for people who were sentenced to Sekilah or Sereifah, and the other cemetery was for those who were sentenced to Chenek or Sayif. Whenever a person was executed by Beis Din, he would be buried in one of these cemeteries until his body decomposed, and then his bones would be exhumed and reinterred in his family's burial plot.
 
9. If a person says that he does not want to be buried, the correct response is dependent on the Safek regarding the purpose of burial. If the purpose is to prevent disgrace, the Meis should be buried anyway because if a dead body is not buried, it will be a disgrace for the family of the deceased as well as for the deceased himself, and a person does not have the right to insist on something that wil bring disgrace to his family. However, if the purpose of burial is for the Meis to achieve atonement, a person who asks not to be buried thereby demonstrates that he is not interested in atonement, and therefore he will not be granted atonement even if he is buried. Consequently, if the purpose of burial is for the Meis to atone for his sins, a person who asks not to be buried should not be buried.
 
10. If the purpose of a eulogy is to bring honor to the Meis, then eulogies are not said for a person who did not want to be eulogized, but if a person did not state that he does not want to be eulogized, his heirs are required to pay for eulogies even if they do not want them. Conversely, if the purpose of a eulogy is to bring honor to the living, then eulogies are said even for a person who did not want to be eulogized, but the heirs of the deceased are never forced to pay for eulogies even if the Meis wanted to be eulogized.

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