SANHEDRIN 77 - Dedicated in the Zechus of Riva Priva bat Bryna, by Josh Danziger of Cliffside Park, NJ.

[77a - 21 lines; 77b - 42 lines]

1)[line 4]דאבוה דאבאAVUHA D'ABA- my father's father (Rav Acha bar Rav was the grandfather of Rav Mesharsheya)

2)[line 7]כפתוKAFATO- he tied him up


(a)There are two manners of causing indirect damage. The less direct manner is known as "Gerama," for which even Rebbi Meir (Kesuvos 86a) does not hold a person liable. The more direct manner is known as "Garmi," for which Rebbi Meir holds a person liable. (The Rishonim argue as to the definition of "more direct.")

(b)A person who ties up another person who then dies of hunger is considered to have killed the victim in an indirect manner, and is not liable for murder and cannot be punished in Beis Din. However, he is Chayav bi'Ydei Shamayim for his evil act.

4a)[line 8]בחמהCHAMAH- the sun

b)[line 8]בצינהTZINAH- the cold

5a)[line 9]סוף חמה לבאSOF CHAMAH LAVO- the sun eventually will come

b)[line 9]סוף צינה לבאSOF TZINAH LAVO- the cold eventually will come

6)[line 11]יתושיןYITUSHIN- mosquitoes

7)[line 12]הני אזלי, והני אתוHANEI AZLEI, V'HANEI ASU- these [mosquitoes] left, and these [other mosquitoes] came

8)[line 13]כפה עליו גיגיתKAFAH ALAV GIGIS- he overturned a barrel upon him (and he died of asphyxiation due to lack of oxygen)

9)[line 13]ופרע עליו מעזיבהPARA ALAV MA'AZIVAH- [or] he removed a wall [while his victim was sleeping, and the victim died of the cold that then entered]

10)[line 18]דעייליה לחבריהD'AILEI L'CHAVREI- who brought up his fellow man

11)[line 18]בביתא דשישאBEISA D'SHISHA- [to] a house of marble (with no ventilation)

12)[line 18]ואדליק ליה שרגאADLIK LEI SHERAGA- he lit a candle

13)[last line]לא מתחיל הבלא בשעתיהLO MASCHIL HEVLA B'SHA'ATEI- the lack of oxygen (that eventually caused the victim's death) did not begin at that moment


14)[line 2](סימן סול"ם תרי"ס סמני"ן בכות"ל)SIMAN SULAM TERIS SAMANIN B'KOSEL- this is a mnemonic device for remembering the four statements of Rava that follow:

1.Sulam refers to "דחפו לבור, וסולם בבור" "Dachfo l'Vor, v'Sulam b'Vor" (line 3)

2.Teris refers to "זרק חץ, ותריס בידו" "Zarak Chetz, v'Teris b'Yado" (line 6)

3.Samanin refers to "זרק בו חץ, וסמנין בידו" "Zarak Bo Chetz, v'Samanin b'Yado" (line 9)

4.b'Kosel refers to "זרק צרור בכותל" "Zarak Tzeror b'Kosel" (line 15)

15)[line 3]וסולםSULAM- a ladder

16)[line 4]ואפילו הוא קדם וסילקוV'AFILU HU KADAM V'SILKO- even if he (the killer) removed it (the ladder) before [the victim fell to the bottom of the pit]. Rashi explains that even if the killer removed the ladder before the victim's fall was finished (and thus at the time that he landed, there was no ladder in the Bor), the killer is still exempt.

17)[line 5]דבעידנא דשדייהB'IDNA D'SHADYEI- at the moment that he pushed him

18a)[line 6]חץCHETZ- an arrow

b)[line 6]ותריסTERIS- a shield

19)[line 8]מיפסק פיסקיה גיריהMIFSAK PISKEI GIREI- his arrows were [going to be] stopped

20)[line 9]וסמניןSAMANIN- medicinal herbs and potions

21)[line 10]ופיזרןPIZRAN- he spilled them

22)[line 12]אפילו סמנין בשוקAFILU SAMANIN BA'SHUK- even if the medicines were readily available in the marketplace (at the time the arrow was shot)

23)[line 13]נזדמנו לו סמניןNIZDAMNU LO SAMANIN- medicines became available to him (after he was wounded, but he did not take advantage of them and use them to heal himself)

24)[line 14]הרי יצא מבית דין זכאיHAREI YATZA MI'BEIS DIN ZAKAI- he (the killer) already left the court exonerated (since, before he was indicted for murder, we found a claim to exonerate him by saying that the victim could have used the medicines that became available to him but he did not use them)

25)[line 15]צרורTZEROR- a rock

26)[line 16]ותנא תונאTANA TUNA- (a) our Tana (the Tana of our Mishnah) taught; (b) it has been taught (IGERES RAV SHERIRA GA'ON)

27)[line 16]כגון אלו המשחקין בכדורKEGON ELU HA'MESACHAKIN B'KADUR- like these who play with a ball. Rashi explains that the game involves throwing a ball against a wall with force to make it bounce off and go as far as possible. The thrower then runs away from the person retrieving the ball, who must then try to hit the thrower with the ball. The rules of the game limit the movement of the players once the ball has been retrieved. The thrower must stop running away, and the retriever may not move from his place, but rather he must try to hit the thrower with the ball from where he is standing. This is why the thrower wants the ball to go as far away as possible, so that he will be farther away from his opponent's throw (see ARUCH LA'NER).

28)[line 18]בשוגג, גוליןB'SHOGEG, GOLIN - if they killed unintentionally, they go into exile (GALUS / AREI MIKLAT)

(a)A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (banishment, exile).

(b)When it is proven that a person killed unintentionally, he is banished to one of the six Arei Miklat (cities of refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment.

(c)If the unintentional murderer leaves his city of refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.

29)[line 19]התראת ספק היאHASRA'AS SAFEK HI - it is a warning that is in doubt (HASRA'AH: HASRA'AS SAFEK)

(a)If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty or lashes for doing it," or something to that effect. If the warning is, "Abstain, because this action might be prohibited ...," it is called Hasra'as Safek. If it turns out that a transgression was done, the Amora'im argue as to whether Malkos may be administered.

(b)For example, witnesses warn a person who was slaughtering a Korban Pesach, "Do not slaughter that Korban, since you may own Chametz." Even if he did possess Chametz at the time, he does not receive Malkos according to the opinion that Hasra'as Safek is not a Hasra'ah, since the witnesses did not warn him that he was about to transgress a prohibition; rather, they warned him that he might transgress a prohibition.

30a)[line 24]אי דקא ניחא ליהIY D'KA NICHA LEI- if it is pleasing to him [that the ball fell where it fell]

b)[line 25]אפילו פורתא נמיAFILU PURTA NAMI- even if [the ball falls] less [than four Amos away, he should] also [be Chayav]

31a)[line 25]אי דלא ניחא ליהIY D'LO NICHA LEI- if it is not pleasing to him [that the ball fell where it fell]

b)[line 26]אפילו טובא נמי לאAFILU TUVA NAMI LO- even if [the ball falls] a lot more [than four Amos away, he should] also not [be Chayav]

32)[line 27]כמה דעיילי טפיKAMAH D'AILI TEFI- the farther that it (the ball) goes

33)[line 28]מינח ניחא ליהMEINACH NICHA LEI- the more pleasing to him (because of the reason described above in entry #27)

34)[line 29]המקדשHA'MEKADESH - one who sanctifies the Mei Chatas with the ashes of the Parah Adumah for use for purification (MEI CHATAS / EFER CHATAS)

(a)A Parah Adumah (also referred to as a Paras Chatas) is a red cow; if there are as many as two hairs of any other color it is not a Parah Adumah (see Maseches Parah 2:5). Only a cow that has never had a yoke placed upon it nor performed any other work is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim (also known as Har ha'Mishchah; "Mishchah" means "oil"), opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. Its carcass is then burned. A cedar branch, some Ezov (hyssop) branches, and a length of combed wool dyed crimson are thrown into the carcass of the cow as it is burning (Bamidbar 19:1-22).

(b)Should a person or utensil become Tamei by touching a Mes or being in the same room as a Mes (or a part of a Mes which is Metamei b'Ohel; see Background to 4:28), he/it must wait seven days before he/it is able to immerse in a Mikvah in order to become Tahor. On the third and seventh days, Mei Chatas is sprinkled on the person or utensil. Mei Chatas is a mixture of ashes of a Parah Adumah and spring water. A person who is Tahor dips a tied bundle of three Ezov branches into the mixture, using them to sprinkle Mei Chatas upon the person or utensil which is Tamei. After this process is complete, the person or utensil is immersed in a Mikvah. Once night falls, the purification process is complete (Bamidbar 19:17-19).

(c)The act of placing Parah Adumah ashes into spring water for use in purification is referred to as Kidush.

35)[line 29]קידושKIDUSH- the sanctified ashes placed in the Mei Chatas

36)[line 30]הצדHA'TZAD- [the ashes fell on to] the side [of the vessel holding the water]

37)[line 30]לשוקתSHOKES- a water trough

38)[line 31]בשותתB'SHOSES- (O.F. coler) it dripped [by itself]

39)[line 32]מחטMACHAT- a needle

40)[line 32]החרסHA'CHERES- a piece of earthenware

41)[line 32]והזה עליהHIZAH ALEHA- and he sprinkled [the Mei Chatas (see above, entry #34b)] upon it (on the piece of earthenware, missing his intended target, the needle)

42)[line 34]ומיצה עליהU'MITZAH ALEHA- and [the Mei Chatas then] splashed [from the earthenware] onto it

43)[line 35]"מצא" איתמר"MATZA" ITMAR- it was taught instead that "he found" [the Mei Chatas on the needle, and it is unclear whether it got there as a result of the force of his action, or whether it flowed from the piece of earthenware onto the needle]

44)[line 36]דכפתיה לחבריהD'CHAFTEI L'CHAVREI- who tied up his fellow man

45)[line 37]ואשקיל עליה בידקא דמיאV'ASHKIL ALEI BIDKA D'MAYA- and he (the killer) released upon him (the victim) a flood of water

46a)[line 38]בכח ראשוןKO'ACH RISHON- primary force (that is, as a direct result of the killer's removal of the barrier from in front of the water, the initial surge of water fell upon the victim and killed him)

b)[line 38]בכח שניKO'ACH SHENI- secondary force (that is, when the killer removed the barrier from in front of the water, the initial surge of water did not fall on the victim, but rather it had to travel some distance before it reached him)

47)[line 39]גרמא בעלמא הואGERAMA B'ALMA HU- it is only an indirect cause [of death] (see above, entry #3)