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Sanhedrin 49
SANHEDRIN 49 (24 Cheshvan) - dedicated by Dr. Moshe and Rivkie Snow to the
memory of Rivkie's father, the Manostrishtcher Rebbe, Hagaon Rav Yitzchak
Yoel ben Gedaliah Aharon Rabinowitz Ztz"l. A personification of the Torah
scholar of old, the Ukranian born Rebbe lived most of his life in Brooklyn,
NY, where his warm ways changed many lives.
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1a) [line 1] TEHEI LUTA - you should be the recipient of a curse
b) [line 1] V'LO SEHEI LE'ATAH - and you should not be the one who curses
2) [line 2] AVNER (AVNER V'ASAH'EL)
(a) Avner was the commander-in-chief of the army of King Shaul, who crowned
Shaul's son Ish Boshes as Shaul's successor (Shmuel II 2:8-9). Asah'el, who
was a nephew of David and a military commander, was pursuing Avner during
the war between David and the house of Shaul. Asah'el was extremely swift,
"as fleet as a deer," (ibid. 2:18) and thus he thought that he would be able
to capture and kill Avner. Avner called out to him, begging him to turn away
so that he would not be forced to kill him. Asah'el ignored Avner's pleas
and continued the pursuit. Avner, defending his own life, killed Asah'el in
a single blow (ibid. 2:17-23). For a short time there was a break in the
fighting, with each side regrouping and counting their casualties. Asah'el
was laid to rest (ibid. 2:28-32).
(b) The war dragged on, with David's men slowly gaining the upper hand
(ibid. 3:1). One day, Avner was terribly insulted by Ish Boshes, and he
decided to desert to David's side. He went to Chevron, wishing to unite all
of the people under the leadership of David (ibid. 3:8-21). David, eager to
have such a major figure join his ranks, greeted him warmly, guaranteeing
him amnesty and safety in his kingdom. David's chief of the army, Yoav, who
was Asah'el's brother, despised Avner for having killed his brother and he
treacherously and underhandedly assassinated him (ibid. 3:27). David was
infuriated at Yoav's insubordination, and he cursed him with the following
formidable condemnation: "It (the guilt for Avner's blood) shall rest upon
Yoav's head and upon all his father's family. May there never cease from
Yoav's house a [male descendent who is a] Zavim (see Background to Bava
Metzia 105:30), a Metzora (see Background to Sanhedrin 34:34), who walks
with crutches, who falls [in battle] by the sword and who lacks bread [to
eat] (ibid. 3:29)."
3) [line 3] GO'EL HA'DAM D'ASAH'EL (GO'EL HA'DAM)
(a) The Go'el ha'Dam is the "avenger of the blood." When a person who killed
unintentionally 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.
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.
(b) Yoav, the commander-in-chief of David's army, was the brother of
Asah'el, who was killed by Avner (see previous entry). Since he was his
brother, Yoav considered himself to be the Go'el ha'Dam of Asah'el, and thus
he felt that he was entitled to kill Avner to avenge his brother's death.
Yoav brought Avner to the Sanhedrin (according to the simple understanding
of the Gemara) in order to clarify Avner's status. The Sanhedrin did not
come to any conclusive decision regarding Avner's guilt in killing Asah'el
(for perhaps he was justified in killing him to protect his own life. On the
other hand, perhaps he was not justified in killing him since he should have
only wounded Asah'el to protect himself and not killed him). Yoav then asked
Avner how a woman with no arms can perform the rite of Chalitzah, which
requires her to remove the Yavam's shoe. Avner told him that it can be done
with the teeth. Yoav asked him to demonstrate how it is done, and when Avner
bent down to show him, Yoav.
4) [line 3] ASAH'EL RODEF HAYAH - Asah'el was a Rodef, a pursuer (see above,
entry #2) (RODEF)
(a) A person is allowed to save himself from a "Rodef" (an assailant
pursuing him with the intention of murdering him), even by killing the
Rodef, if he cannot save himself in any other way. In this situation, the
Torah teaches, "ha'Ba l'Horgecha, Hashkem v'Horgo" - "When someone tries to
kill you, rise up and kill him first." It is permitted not only for the
Nirdaf, the one being pursued, to kill the Rodef, but anyone may kill the
Rodef.
(b) If, however, it is possible to save the Nirdaf by *wounding* the Rodef,
then it is not permitted to kill him. If one kills the Rodef when it is
possible to save the Nirdaf by merely wounding the Rodef, then the savior is
considered a killer and is Chayav Misah.
5) [line 4] HAYAH LO L'HATZILO B'ECHAD ME'EVARAV - he should have saved
him[self] by [wounding his pursuer in] one of his limbs (see previous entry)
6) [line 6] B'DOFEN CHAMISHIS KIVEIN LEI - he intended [to pierce him] in
his fifth rib (thus mortally wounding him)
7) [line 6] "VA'YAKEHU AVNER B'ACHAREI HA'CHANIS EL HA'CHOMESH" - "And Avner
struck him (Asah'el) with the back of the sword at the fifth rib" (Shmuel II
2:23)
8) [line 8] BA'MAKOM SHE'MARAH V'CHAVED TELUYIN BO - in the place where the
gallbladder and the liver are suspended
9) [line 9] NEIZIL AVNER - let [our accusation against you concerning the
death of] Avner go
10) [line 10] AMASA
Amasa was a great warrior who was to be appointed commander of David's army
after Avshalom's rebellion was crushed. Yoav, who had been the commander
until then, was going to be demoted because he killed Avshalom. David sent
Amasa to gather soldiers to suppress the rebellion started by Sheva ben
Bichri (Shmuel II 20:1). David gave Amasa three days to return with the
soldiers. Amasa, however, returned late, because he found them engaged in
Torah learning and did not want to disturb them. Because of the delay, Yoav
considered Amasa to be a "Mored b'Malchus," someone who rebels against the
king, because he did not obey the king's command (and was thus deserving of
death). Yoav killed Amasa by arranging his sword in its sheath in such a way
that it would fall out easily without arousing Amasa's suspicion. Yoav then
picked up the sword in his left hand and engaged Amasa in conversation,
pretending to ask him about his welfare while taking hold of Amasa's beard
with his right hand as if
to kiss him. He then killed him in a single blow, as described in Shmuel II
20:8-10.
11) [line 11] "VA'YOMER HA'MELECH (L') [EL] AMASA, 'HAZ'EK LI ES ISH YEHUDAH
SHELOSHES YAMIM, V'ATAH PO AMOD.' VA'YELECH AMASA L'HAZ'IK ES YEHUDAH,
VA'YOCHER MIN HA'MO'ED ASHER YE'ADO." - The king said to Amasa, 'Marshal for
me the men of Yehudah in three days, and you shall then stand here.' And
Amasa went to marshal Yehudah, but he was late from the appointed time that
he (the king) had set for him." (Shmuel II 20:4-5)
12) [line 13] ACHIN V'RAKIN DARASH - he expounded Halachos based on the
words "Ach" (but) and "Rak" (only) in the Torah
13) [line 13] ASHKECHINHU DI'FESI'ACH LEHU B'MASECHTA - he found them with
their tractates open [in front of them, learning]
14) [line 14] "KOL ISH ASHER YAMREH ES PICHA V'LO YISHMA ES DEVARECHA L'CHOL
ASHER TETZAVENU YUMAS; RAK CHAZAK VE'EMATZ!" - "Any man who will rebel
against your command and will not listen to your words regarding all that
you will command him shall die; only be strong and be brave!" (Yehoshua
1:18) - Yehoshua was, for all intents and purposes, the "king," i.e. leader,
of Yisrael, and a Halachah is learned from this verse regarding kings.
Because the word "Rak" limits the scope of the previous part of the verse,
Amasa learned that there were to be times when the king's command could be
disobeyed.
15) [line 16] HA'HU GAVRA - that person, i.e. Yoav
16) [line 16] "VEHA'SHEMU'AH VA'AH AD YOAV KI YOAV NATAH ACHAREI ADONIYAH,
V'ACHAREI AVSHALOM LO NATAH..." - "The news reached Yoav [and worried him],
because Yoav had turned after Adoniyah, but he had not turned after
Avshalom. [And Yoav fled to the tent of HaSh-m and he grabbed hold of the
horns of the Mizbe'ach (altar).]" (Melachim I 2:28)
17) [line 19] LICHLUCHIS SHEL DAVID KAYEMES - the vitality (lit. moisture)
of David was still in existence (and he was able to punish those who rebel)
18) [line 19] ITZTAGNINEI SHEL DAVID KAYAMIN - the powerful influencing
agents of David were still in existence (this refers to the mighty warriors
of David's army, on whose word David relied when they advised him to go into
or emerge from battle. The word "Itztagninus" usually refers to astrological
influence, and it is used here to show that David followed the word of his
warriors like a person follows the astrological signs -- b)
19) [line 21] YEFAS TO'AR
See Background to Sanhedrin 21:21.
20) [line 21] b - they would grow Beloris (the long hair
grown at the back of the head by idol-worshipping youths of the upper
classes in honor of their gods, and that was offered to their gods once a
year) in order to look formidable, so that others would be afraid of them
(RASHI)
21) [line 21] MEHALCHIN B'ROSHEI HA'GAYASOS - they would walk at the head of
the battle troops (however, they went into battle only in order to frighten
the enemy, but they were not actual members of the army, since they were not
of pure lineage -- Kidushin 76b)
22) [line 22] BA'ALEI EGROFIN - strong men (lit. men of fists)
23) [line 22] PELIGA - argues with
24) [line 27] "VA'YETZEI YOAV ME'IM DAVID, VA'YISHLACH MAL'ACHIM ACHAREI
AVNER, VA'YASHIVU OSO MI'BOR HA'SIRAH, [V'DAVID LO YADA]." - "Yoav went out
from with David, and he sent messengers after Avner, and they brought him
back from Bor ha'Sirah, [and David did not know.]" (Shmuel II 3:)
25a) [line 29] BOR - a water flask (TZAPICHIS HA'MAYIM SHEL SHAUL)
The Bor in this verse refers to the flask of Shaul ha'Melech, which David
had taken from Shaul while Shaul was sleeping. Shaul has been pursuing David
and had encamped at Giv'as ha'Chavilah near Yeshimon. The soldiers
surrounding Shaul to protect as he slept had themselves fallen asleep, and
David used the opportunity to take Shaul's sword and his water flask, as a
sign that he did not want to kill him, but that he wanted Shaul to live and
to let him live (Shmuel I 27:5-12). Avner, however, told Shaul that David
never had the opportunity to harm Shaul, but rather some of the young
soldiers probably gave Shaul's sword and flask to David (b), or that
David's men found the flask at a water pit after Shaul forget it there
(RABEINU CHANANEL).
b) [line 29] SIRAH - a thorn (KENAF HA'ME'IL SHEL SHAUL)
The Sirah in this verse refers to the corner of Shaul's garment which David
cut off clandestinely, when Shaul was pursuing David and entered a cave to
relieve himself, unaware that David was hiding in that cave. David did not
kill Shaul even though he had the opportunity to do so, but rather he took
the piece of Shaul's garment as a sign that he did not want to kill him, but
that he wanted Shaul to live and to let him live (Shmuel I 24:4-17). Avner,
however, told Shaul that David never had the opportunity to harm Shaul, but
rather his garment was probably torn by being caught on a thorn, and David
found it. Because of Avner's words, David's actions were downplayed and
Shaul continued to pursue him.
26) [line 29] "... VA'YATEHU YOAV EL TOCH HA'SHA'AR L'DABER ITO
BA'SHELI..." - "[And Avner returned to Chevron,] and Yoav took him aside in
the gate to speak with him quietly, [and struck him there at the fifth rib,
and he died, for the blood of Asah'el his brother.]" (Shmuel II 3:27)
27) [line 33] AL ISKEI SHALO - concerning the matter of the removal [of the
shoe]
28a) [line 36] HEN B'FEH - they [refused to obey the king's command even
though the king commanded them] with his mouth (orally). Avner refused to
obey King Shaul's command to kill the Kohanim of the city of Nov (see
Background to Sanhedrin 20:7) and Amasa refused to obey the king's command
because it would have meant stopping the Torah learning of the soldiers
b) [line 36] HU B'IGERES - he [obeyed the king's command to kill even
though the king only commanded him] through a letter
29) [line 41] "... V'YOAV YECHAYEH ES SHE'AR HA'IR." - "[And he (David)
built the city all around...] and Yoav repaired the rest of the city."
(Divrei ha'Yamim I 11:8) - The word for the restoration and repair of the
city is "Yechayeh," which has the connotation that he caused it to live. As
such, our Gemara learns that he provided the poor people of the city with
food and sustenance.
30) [line 41] MONINEI V'TZACHANASA TA'IM, PARIS LEHU - he would taste [the
food first to make sure of its quality and then] distribute [to the poor
people] small fish (RASHI) or fish brine (ARUCH), and hashed fish (a mixture
of salted small fish, the majority of which are whole, and the rest hashed
(RAN to Nedarim 51b), or hashed fish (TOSFOS ibid. 1st explanation, ROSH
ibid.)
49b---------------------------------------49b
*****PEREK #7 ARBA MISOS*****
31) [line 5] KOL MAKOM SHE'SHANU CHACHAMIM DERECH MINYAN - in every place
[in the Mishnayos] that the Chachamim taught Halchos in an orderly form,
counting out one after the other
32) [line 7] SHIV'AH SAMANIN MA'AVIRIN AL HA'KESEM
(a) The Mishnah (Nidah 61b) lists seven cleansing agents that are used to
check whether a stain on an article of clothing is blood of Nidus or another
substance, such as paint. If the article of clothing is treated with these
cleansing agents in the order that they are listed, a stain of blood of
Nidus will disappear at the end of the cleaning process. Any other stain
will remain.
(b) If the stain is proven to be the blood of Nidus, which is Metamei, any
items that were Tehorim (ritually pure) that touched the article of clothing
must be considered Temei'im and msut be treated accordingly.
33a) [line 8] ROK TAFEL - tasteless saliva; a person's saliva upon awakening
in the morning after not having eaten since midnight. (See Insights to Nidah
63:1)
b) [line 8] MEI GERISIN - shelled beans that have been chewed (and mixed
with saliva)
c) [line 8] MEI RAGLAYIM - fermented urine that is at least three days old
d) [line 8] NESER - natron, native carbonate of soda
e) [line 9] BORIS - an alkaline plant
f) [line 9] KIMOLYA / KIMONYA - an alkaline clay
g) [line 9] ASHLACH / ASHLAG - a kind of alkali or mineral used as a soap
(Ashlag is the Hebrew word for potash)
34) [line 14] BI'PELUGSA LO KA MAIRI - he (Rava Amar Rav Sechora Amar Rav
Huna) was not listing the Mishnayos of this type that contain a Tanaic
argument (and he does not argue with regard to our Mishnah)
35) [line 15] SEDER YOMA - the order of the day (the order of the Avodah in
the Beis ha'Mikdash on Yom Kipur)
36) [line 17] HA'HU CHUMRA B'ALMA - that (the order of the Avodah on Yom
Kipur) is due merely to the austerity of the day (and is not because one
part of the Avodah is more important than another part, --RASHI)
37) [line 19] SEDER TAMID - the order of the offering of the Korban Tamid
38) [line 20] L'MITZVAH B'ALMA - [the order of the offering of the Korban
Tamid is] merely for a Mitzvah (and if the order is changed, it does not
invalidate the service)
39) [line 21] CHALITZAH - see Background to Sanhedrin 18:2
40) [line 22] HAYU NOSNIN LO ETZAH HA'HOGENES LO - they would give advice
that is suitable for him (not to marry a woman who is too old or too young
for him)
41) [line 24] "ME'EN YEVAMI" - "[And if the man does not wish to take his
brother's wife, then his brother's wife shall go up to the Beis Din (lit.
the gate) to the elders, and say,] 'My husband's brother refuses [to raise
for his brother a name in Yisrael; he will not perform the Mitzvah of Yibum
with me.']" (Devarim 25:7)
42) [line 25] "LO CHAFATZTI L'KACHTAH" - "I do not desire to marry her."
(Devarim 25:8)
43) [line 25] "V'NIGSHAH YEVIMTO ELAV L'EINEI HA'ZEKENIM V'CHALTZAH NA'ALO
[ME'AL RAGLO] V'YARKAH B'FANAV, V'ANSAH V'AMRAH KACHAH YE'ASEH LA'ISH ASHER
LO YIVNEH ES BEIS ACHIV" - "Then shall his brother's wife come to him in the
presence of the elders, and pull off his shoe [from his foot], and spit [on
the floor] in front of him, and shall raise her voice and say, 'So shall it
be done to that man who will not build up his brother's house.'" (Devarim
25:9)
44) [line 26] ROK HA'NIR'EH LA'DAYANIN - spittle that could be seen by the
Beis Din
45) [line 26] "V'NIKRA SHEMO B'YISRAEL BEIS CHALUTZ HA'NA'AL." - " And his
name shall be called in Yisrael, 'The house of him who has had his shoe
pulled off.'" (Devarim 25:10)
46) [line 29] IY APICH - if the order is switched
47) [line 31] KOHEN GADOL MESHAMESH B'SHEMONAH KELIM - the Kohen Gadol
performs the Avodah while wearing eight vestments (BIGDEI KOHEN GADOL)
The Kohen Gadol must wear the eight vestments of the Kohen Gadol when he
does the Avodah in the Beis ha'Mikdash (RAMBAM Hilchos Klei ha'Mikdash
4:12-13). The eight vestments are 1. Tzitz (forehead-plate), 2. Efod
(apron), 3. Choshen (breastplate), 4. Me'il (robe), 5. Kutones (long shirt),
6. Michnasayim (breeches), 7. Avnet (belt), 8. Mitznefes (turban).
48) [line 33] [KESONES BAD KODESH YILBASH,] U'MICHNESEI VAD YIHEYU AL
BESARO, [UV'AVNET BAD YACHGOR, UV'MITZNEFES BAD YITZNOF" - "[He shall wear a
holy tunic of linen.] and breeches of linen shall be upon his flesh, [and he
shall gird himself with a belt of linen, and with a turban of linen he shall
wrap his head.]" (Vayikra 16:4)
49) [line 35] MISHUM D'MECHASYA KULEI GUFEI, ADIFA LEI - because it covers
the entire body, it takes precedence
50) [line 36] MEGADEF
The Torah states that a Megadef is punishable with Kares (Bamidbar 15:30).
There are two opinions regarding the definition of the Megadef in that
verse: (a) a person who curses Hashem; (b) a person who plays music and
sings to Avodah Zarah. However, the Megadef in our Gemara is clearly the
former, since playing music to Avodah Zarah is prohibited along with
worshipping Avodah Zarah, which is already mentioned in the Gemara.
51) [line 37] POSHET YADO BA'IKAR - he has stretched his hand against the
Source (he has denied the presence of HaSh-m in the world)
52) [last line] BAS KOHEN SHE'ZINSAH (SEREIFAS BAS KOHEN)
The daughter of a Kohen who commits adultery is put to death. She does not
receive the death penalty of Chenek (choking), as in other cases of
adultery, but rather Sereifah (molten lead is poured in her throat) as it
states in Vayikra 21:9.
53) [last line] MECHALELES ES AVIHA - she desecrates her father's name, as
the verse states, "The daughter of a Kohen who defiles herself through
adultery -- her father she desecrates" (Vayikra 21:9)
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