WHO IS HANGED? (cont.)
Question: What do they argue about?
Answer: Chachamim expound according to Kelal u'Ferat (generalities and specifics), and R. Eliezer expounds Ribuy and Mi'ut (inclusions and exclusions):
Chachamim expound that "v'Humas v'Salisa" is a Klal, and "Ki Kilelas Elokim Taluy" is a Prat;
If they would be adjacent to each other, we would include only the Prat;
Since they are far apart, this comes to include idolatry, which resembles it in all respects.
R. Eliezer expounds Ribuy and Mi'ut. "V'Humas v'Salisa" is a Ribuy. "Ki Kilelas Elokim Taluy" is a Mi'ut;
If they would be adjacent to each other, we would include only idolatry, which resembles it in all respects;
Since they are far apart, this comes to include everyone who is stoned.
(Mishnah): We hang a man...
Question: What is Chachamim's reason?
Answer #1: "V'Salisa Oso" - not her.
Objection: R. Eliezer expounds "Oso" - without his garment. Also Chachamim should expound like this!
Answer #2: Indeed, they do. Rather, they learn from "v'Chi Yihyeh b'Ish Chet", but not in a woman.
Question: How does R. Eliezer expound this?
Answer #1 (Reish Lakish): This excludes a Ben Sorer u'Moreh (he is a not a proper Ish (i.e. adult), so he is not hung).
Rejection (Beraisa - R. Eliezer): A Ben Sorer u'Moreh is stoned and hung.
Answer #2 (Rav Nachman bar Yitzchak): R. Eliezer uses it to include a Ben Sorer u'Moreh.
Question: How does he learn this?
Answer: "V'Chi Yihyeh b'Ish Chet" refers to a proper man, but not a Ben. Also "Chet" excludes a Ben Sorer u'Moreh. He is not killed for his sin, rather, due to his future (if he would live, he would sin much more);
Two exclusions, one after the other, always come to include.
MAY WE JUDGE DIFFERENT CAPITAL CASES IN ONE DAY?
(Mishnah - R. Eliezer): Shimon ben Shetach hung women in Ashkelon!
(Rav Chisda): Beis Din may not judge capital cases of different death penalties (on one day), but it may judge many similar cases.
Objection: In the episode with Shimon ben Shetach, they all received the same Misah, yet Chachamim proved that it was a special action not according to Halachah from the law that we do not judge two capital cases in one day!
Correction (Rav Chisda): Beis Din may not judge two cases which are like different death penalties...
Interjection: What does this mean?
Answer: It means different transgressions.
(Rav Chisda - continuation): ...but it may judge multiple cases of the same transgression and the same Misah.
Question (Rav Ada bar Ahavah - Beraisa): Beis Din may not judge two capital cases in one day, even an adulterer and adulteress.
Answer (Rav Chisda): That refers to a Bas Kohen and her adulterer (or Zomemei Zomemeha. I.e. if lying witnesses testified 'the witnesses who convicted her were with us elsewhere at the time', and they were Huzmu). She is burned and he (or they) are choked. Different Misos cannot be judged the same day.)
(Beraisa - R. Eliezer ben Yakov): I heard that Beis Din can lash or punish not according to Torah law;
They do not intend to transgress Torah law, rather, to make a fence (to deter transgressors).
A case occurred in the days of the Yevanim, in which a man rode on a horse on Shabbos. Beis Din killed him.
He did not deserve to be killed, but at the time it was necessary to kill him (people were disgracing the Mitzvos).
Another case occurred in which a man had Bi'ah with his wife under a fig tree. Beis Din gave him lashes.
He did not deserve to be given lashes, but at the time it was necessary.
HOW WE HANG PEOPLE
(Mishnah): To hang someone, we insert a beam into the ground, partly sticking out. We bring his hands together, and hang him by them;
R. Yosi says, we lean the beam against a wall and hang him from it, the way butchers hang meat.
Immediately, we take him down. If not, we transgress "Lo Salin."
Since he is hung for blasphemy, everyone who sees him is reminded of his act - this is Chilul Hash-m.
R. Meir says, when one is in pain, the Shechinah (Divine Presence) says 'My head hurts. My arms hurt.' (Kilelas is like Kal Leis, I (Hash-m) am not feeling well);
The Shechinah feels pain over the blood (pain) of Resha'im, and all the more so over the blood of Tzadikim!
Also, anyone who leaves his dead relative overnight (unburied) transgresses a Lav;
If he left him for his honor, to bring a coffin or shrouds, he does not transgress.
Someone executed is not buried with his family;
Beis Din has two cemeteries, one for those killed by the sword or choked, and one for those stoned or burned.
After the flesh has decomposed (the deceased received atonement), his bones are buried with his family.
After one is executed, his relatives greet the judges and witnesses, to shows that they do not bear a grudge. They believe that the sentence was correct.
The relatives do not mourn (Aveilus)., they conduct Aninus, for this is not apparent to others.
(Gemara - Beraisa): Had it said 'Chet v'Salisa', one would have thought that we hang before killing, like kings do;
It says "v'Humas v'Salisa" to teach that we kill before hanging.
We delay the verdict until shortly before sundown. we kill him and hang him (this way, we must bury him immediately, we are not concerned lest people will tarry and come to forget).
One person ties him to the beam and (immediately) one unties him, to fulfill the Mitzvah of hanging.
(Beraisa) Suggestion: Perhaps the "Etz" (beam) can be attached or detached!
Rejection: "Ki Kavor" - we must be able to bury the body right away;
This excludes an attached tree, for it must be cut before it can be buried.
R. Yosi says, it also excludes a beam inserted in the ground, for it must be unearthed before it can be buried.
Chachamim say, unearthing it is insignificant. An inserted beam is considered ready for immediate burial.
(Mishnah): Since he is hung for blasphemy...
(Beraisa - R. Meir): A parable explains this. There were twin brothers. One was appointed king, and the other was a bandit. The king ordered to hang him. Passersby thought that the king was hanging, so the king ordered to take him down. (Man was created in Hash-m's image.)
(Mishnah - R. Meir): (When one is in pain,the Shechinah says 'My head hurts...')
Question: What is R. Meir's source for this?
Answer #1 (Abaye): He expounds "Kilelas" like Kal Leis (Hash-m's 'limbs' are not light).
Objection (Rava): If so, the Mishnah should have said 'My head is heavy upon me...'!
Answer #2 (Rava): Hash-m says that the world is light to Me (an indirect way of saying that He 'feels heavy').
Question: The verse teaches that a blasphemer is hung (it is not free to be expounded)!
Answer: If so, it should have said 'Mekalel.' (Since it says "Kilelas", we also expound like Rava).
Question: Perhaps it only comes to teach like Rava!
Answer: If so, it should have said 'Kalas.' (Since it says "Kilelas", it also teaches about a blasphemer).
THE MITZVAH OF BURYING THE DEAD
(Mishnah): Also, anyone who leaves his deceased overnight transgresses a Lav.
Version #1 (R. Yochanan): Anyone who leaves his deceased overnight transgresses a Lav. (A Lav forbids leaving someone hung by Beis Din overnight, and after this it says "Ki Kavor Tikberenu." (The double expression comes to include any Mes).
Version #2 (R. Yochanan): "Ki Kavor Tikberenu" hints at the Mitzvah of burying the dead.
Question (Shevor Malka): What is the source for the Mitzvah of burying the dead?
Rav Chama was silent.
Question (Rav Acha bar Yakov): He should have said "Ki Kavor"!
Answer: Rav Chama expounds that to teach that we put a Mes in a coffin (it does not teach that we bury in the ground).
Question Rav Acha bar Yakov: He should have said "Tikberenu"!
Answer: Rav Chama does not (Ran; Rashi - Shvor Malka would not) hold that the double expression warrants this Drashah.
Question: He should have said, since we find that great Tzadikim were buried, surely it is a Mitzvah!
Answer: Perhaps it is only a custom.
Question: Hash-m buried Moshe. Surely it is a Mitzvah!
Answer: Perhaps He did not want to deviate from the custom.
Question: "V'Sofdu... (v'Kovru Oso.)" (This was a reward to Aviyah!)
Answer: His reward was that he would not be different. (However, it is only a custom, and not a Mitzvah.)
Question: "Lo Yisofdu v'Lo Yikaveru" - if it is a punishment that Resha'im are not buried, surely Hash-m approves of burial!
Answer: It is a punishment not to conduct with them according to custom.
THE REASON FOR BURIAL AND EULOGIES
Question: What is the reason for burial? Is it to avoid disgrace (of a rotting corpse), or for atonement?
Question: What difference does it make?
Answer: If he asked (before he died) not to be buried: if we are concerned for disgrace, we do not comply; if it is for atonement, since he does not want it, we honor his request.
Answer #1: Tzadikim are buried, even though they do not need atonement!
Rejection: They do - "Adam Ein Tzadik ba'Aretz... v'Lo Yecheta."
Answer #2: "V'Sofdu (Aviyah)... v'Kovru Oso."
If it is for atonement, all of Yarav'am's family should have been buried!
Rejection: Hash-m did not want them to get atonement, for they were Resha'im.
Answer #3: "(The people of Anasos) Lo Yisofdu v'Lo Yikaveru."
Rejection: Hash-m did not want them to get atonement.
Question: Is a eulogy to honor the dead or the living?
Question: What difference does it make?
Answer #1: He asked not to be eulogized. (If it is for his honor, we comply.)
Answer #2: If it is for his honor, we force the heirs to pay for eulogizers.
Answer #1 "Va'Yavo Avraham Lispod l'Sarah v'Livkosah." If it were to honor the living, they would not have delayed her burial until Avraham returned (from the Akeidah)!
Rejection: Sarah herself would have wanted this, in order to honor Avraham.
Answer #2: "V'Sofdu Lo Chol Yisrael." Aviyah's relatives were Resha'im, and they were not worthy of being honored. (Surely, it must be to honor the dead.)
Rejection: Tzadikim want that others be honored through them.
Answer #3 "Lo Yisofdu v'Lo Yikaveru" (if it is to honor the living, they should be eulogized)!
Rejection: Tzadikim do not want to be honored through Resha'im.
Answer #4: "(Yirmeyahu told Tzidkiyahu) "V'Hoy Adon Yispedu Lach." If it is to honor the living, what difference does it make to him?
Rejection: He told him 'Yisrael will get honor through you, like they did from your ancestors.'