STONING BY BEIS DIN (cont.)
The Torah needed to write "Even" and "Avanim";
Had it written only "Even", one might have thought that whether or not he died from one rock (Tosfos - and it was lost), we do not bring more to kill him;
Had it written only "Avanim", one might have thought that we bring two to begin with.
Question: The Tana learned from a Gezerah Shavah from Par He'elem Davar. Why does Rav Papa learn from different verses?
Answer: The Tana means, had it not said the verses from which Rav Papa learns, we would have learned from the Gezerah Shavah;
Since it says the other verses, we do not need the Gezerah Shavah.
Answer #3 (to Question 3:h, 42b - Rav Ashi): Moshe was in Machaneh Levi, and Hash-m told him "Hotzei Es ha'Mekalel" - outside of Machaneh Levi;
"El mi'Chutz la'Machaneh" teaches outside of Machaneh Yisrael.
"Va'Yotzi'u Es ha'Mekalel..." teaches that Yisrael did as they were commanded.
Question: "U'Vnei Yisrael Asu" already teaches this!
Answer: One verse teaches Semichah (the witnesses put their hands on his head), and (Rashi; our text - the other teaches) pushing him off a platform.
Question: What does Rav Ashi learn from the verses of Par He'elem Davar?
This is left difficult.
CALLING BACK THE DEFENDANT
(Mishnah): Ploni stands (at the door of Beis Din, holding a flag...)
(Rav Huna): It is obvious to me that the Tzibur pays for the following: the boulder for stoning, the beam for hanging, the sword, and the garment for choking.
Question: What is the reason?
Answer: We do not tell someone to pay for his own death.
Question #1 (Rav Huna): Who pays for the flag and the horse (to call him back if someone finds Zechus)?
Since they are for his benefit, he pays for them;
Or, since Beis Din is commanded to have them, they must pay for them?
Question #2: R. Chiya bar Rav Ashi taught that before killing someone, we give to him a cup of wine with frankincense inside (to befuddle him) - "Tenu Shechar l'Oved v'Yayin l'Marei Nafesh";
(Beraisa): Important women of Yerushalayim would donate this.
If they did not donate it, who pays for it?
Answer: Presumably, the Tzibur should pay - "Tenu Shechar..."
Question (Rav Acha bar Huna): If one of the Talmidim said that he has a reason for Zechus and then he went mute, what is the law?
Objection (Rav Sheshes): Will we say 'perhaps someone anywhere in the world has a reason for Zechus but went mute?' (If we would be concerned for this, we could never kill anyone)!
Answer: Here is different, for the Talmid said that he has a reason.
Answer: R. Yosi b'Rebbi Chanina taught that if a Talmid was Mezakeh (gave a reason for Zechus, after which he is counted among the judges) and died, we consider that he is still Mezakeh.
Inference: This is only if he was Mezakeh, and his reason was not rejected.
Rejection: This does not answer the case when we never heard his reason (the question is not resolved).
(Mishnah): Even if the defendant himself gives a reason for Zechus, we return him to Beis Din, even four or five times, on condition that it is a proper reason.
Inference: Even the first two times, we return him only if he gave a proper reason.
Contradiction (Beraisa): The first two times we return him whether or not he gave a proper reason. After this, we only return for a proper reason.
Answer (Rav Papa): The Mishnah discusses after the first two times.
Question: How do the people taking him know whether or not his reason is proper? (They need not be Chachamim!)
Answer (Abaye): We send two Chachamim with him to discern if his reason is proper.
Question: We should send Chachamim with him from the beginning, and return only if his reason is proper!
Answer: Perhaps because he is afraid, he cannot express himself properly.
ANNOUNCING THE EXECUTION
(Mishnah): If they find Zechus for him, they exempt him immediately. If not, he is taken to be stoned. they announce in front of him 'Reuven is being taken to be killed for this transgression. Ploni and Almoni are the witnesses. If anyone knows Zechus, come and give it'!
(Gemara - Abaye): They must announce the time and place he transgressed, so if anyone was with the witnesses elsewhere at the time, he will come to be Mezim them.
(Mishnah): They announce in front of him...
Inference: They announce only when he is being taken to be executed, but not before.
(There is a discussion which was censored from the text; we omit it.)
(R. Yehoshua ben Levi): Anyone who slaughters his evil inclination (repents after having succumbed) and confesses, the Torah considers it as if he honored Hash-m in two worlds, i.e. this world and the next - "Zove'ach Todah Yechabdaneni" (the letter 'Nun' is doubled).
(R. Yehoshua ben Levi): One who brought a Korban in the Mikdash was only credited for that Korban. If one has a broken spirit, the Torah considers it as if he brought all the Korbanos - "Lev Nishbar v'Nidkeh Elokim Lo Tivzeh."
CONFESSION BEFORE EXECUTION
(Mishnah): When he was 10 Amos from Beis ha'Skilah, they would tell him to confess;
Everyone killed by Beis Din confesses, for everyone who confesses has a share in the world to come.
We find that Yehoshua told Achan "Beni Sim Na Chavod... v'Sen Lo Sodah", and he confessed.
Question: What is the source that this atoned for him?
Answer: "Yakorcha Hash-m ba'Yom ha'Zeh" - today you are sullied, but not in the world to come.
If he does not know how to confess, we tell him to say 'this should atone for all my sins.'
R. Yehudah says, if he knows that he was framed, he says 'this should atone for all my sins except for this that I am being killed for (I am innocent, I need no atonement for it).'
Chachamim: If so, everyone will say this to clear himself!
(Gemara - Beraisa): "Na" is an expression of request;
When Hash-m told Yehoshua "Chota Yisrael", Yehoshua asked who had sinned.
Hash-m: I am not a talebearer! Cast lots.
The lot fell on Achan. He protested: 'if I would cast a lot on you and the Kohen Gadol, it would fall on one of you. It would not prove that one of you is guilty (likewise, I am innocent)!'
Yehoshua: Do not slander the lottery, for it will be used to divide Eretz Yisrael - "Ach b'Goral Yechalek Es ha'Aretz."
(Ravina): "Sen (Lo) Sodah" - Yehoshua made him think that he merely desires a confession, but he will not be killed.
(Rav Asi): "Chotasi... vecha'Zos vecha'Zos Asisi" - three times Achan took things forbidden by Cherem, twice in Moshe's time, and once in Yehoshua's time.
(R. Yochanan): He transgressed four times in Moshe's time, once in Yehoshua's time (we expound the 'Vov' in each 'vecha'Zos' ).
Question: Why weren't Yisrael punished for his previous transgressions?
Answer (R. Yochanan): Yisrael were not punished for hidden transgressions (of others) until they crossed the Yarden.
Tana'im argue about this.
(Beraisa - R. Yehudah): "Ha'Nistaros la'Shem Elokeinu veha'Niglos Lanu ul'Vaneinu Ad Olam" - there are dots over "Lanu ul'Vaneinu" and the 'Ayin' of "Ad" to teach that Yisrael were not punished for hidden transgressions until they crossed the Yarden.
R. Nechemyah: Yisrael are never punished for hidden things. It says "Ad Olam"!
Rather, just like Yisrael were not punished for hidden things before crossing the Yarden, they were not punished for open transgressions (of others) until they crossed.
Question: Why were Yisrael punished for Achan's transgression?
Answer: His wife and children knew about it (this is considered open).