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Rosh Kollel: Rabbi Mordecai Kornfeld


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Sanhedrin 13

1) IBUR ON ACCOUNT OF THE TEKUFAH

(a) (Shmuel): We Me'aber the year (on account of the Tekufah) only if the Tekufah (of Tamuz, the 91 and a quarter days after the solstice) will extend into the majority of Tishrei.
1. Question: What is considered the majority of a month?
2. Answer (Shmuel): R. Yehudah requires 16 days, R. Yosi requires 21 days.
(b) Both of them expound "Chag ha'Asif Tekufas ha'Shanah": R. Yehudah holds that all of Chol ha'Mo'ed Sukos must be in the new Tekufah, R. Yosi holds that part of Chol ha'Mo'ed (i.e. at least the last day, the 21st) must be in the new Tekufah.
(c) Question: How do they hold (regarding the day of (transition of) the Tekufah)?
1. If they hold that the day of the Tekufah ends (and is considered part of the previous Tekufah) - even if 15 days (for R. Yehudah, or 20 for R. Yosi) of the old Tekufah would fall in Tishrei, we must Me'aber the year (for if the Tekufah falls on the 16th (or 21st), the first day of the new Tekufah is the 17th (or 22nd))!
(d) Answer: They hold that the day of the Tekufah begins the new Tekufah.
(e) Question #1 (Beraisa - R. Yehudah): The day of the Tekufah ends;
(f) R. Yosi says, the day of the Tekufah begins.
(g) Question #2 (Beraisa): We Me'aber the year only if the Tekufah will extend into the majority of the month (of Tishrei);
1. The majority of the month is 16 days;
2. R. Yehudah says, we require two thirds of the month, i.e. 20 days;
3. R. Yosi says, if 16 days of the Tekufah (of winter) will remain when (Nisan, the month of) Pesach comes, we Me'aber the year; if 16 days of the (summer) Tekufah will remain when (Tishrei, the month of) Sukos comes, we do not Me'aber the year;
4. R. Shimon says, also if 16 days of the Tekufah remain before Tishrei, we Me'aber;
5. Others say, even if a minority remains (we Me'aber);
i. A minority containing 14 days is required.
6. Summation of question: This contradicts what Shmuel said above (c) according to R. Yehudah - this is left difficult.
(h) (Beraisa - R. Yehudah): We require two thirds of the month, i.e. 20 days;
(i) R. Yosi says, if 16 days of the Tekufah remain before Nisan, we Me'aber.
(j) Question: (There are 182 (and a half, which we ignore) days altogether in the spring and summer Tekufos, and 177 days in the six months from Nisan until Tishrei; if 16 days of the winter Tekufah remain before Nisan, 21 days (of Tekufas Tamuz) will remain before Tishrei.) R. Yosi holds like R. Yehudah (we only require part of Chol ha'Mo'ed Sukos in the new Tekufah)!
(k) Answer: They argue about the day of the Tekufah: R. Yehudah says that it ends (therefore, we Me'aber if the Tekufah will fall on the 21st), R. Yosi says that it begins (therefore, we Me'aber if it falls on the 20th).
(l) Question (Beraisa - R. Yosi): If 16 days of the Tekufah remain before Tishrei, we do not Me'aber;
1. Inference: If 17 (or more) days remain, we Me'aber.
2. Contradiction: (Beraisa - R. Yosi): If 16 days remain before Nisan, we Me'aber.
i. Inference: If 15 (or less) remain, we do not Me'aber (even though 20 days will remain before Tishrei, as we calculated above)!
(m) Answer: Really, even if 17 (or more, up to 20) days remain before Tishrei, we *do not* Me'aber;
1. R. Yosi mentioned 16 for parallel structure (to the previous law, if 16 days remain before Nisan, we Me'aber).
(n) Question (Beraisa - R. Shimon): Also if 16 days of the Tekufah remain before Tishrei, we Me'aber.
(o) Question: This is like the first Tana!
13b---------------------------------------13b

(p) Answer: They argue about the day of the Tekufah (but we do not know who says that it ends and who says that it begins).
2) THE OPINION OF OTHERS
(a) (Beraisa - Others): Even if a minority of 14 days remains (we Me'aber).
(b) Question: Even if they say that the day of the Tekufah ends, the new Tekufah begins on the 16th, all of Chol ha'Mo'ed is in the new Tekufah - why do we Me'aber?!
(c) Answer #1 (Rav Shmuel bar Rav Yitzchak): Others discuss the remaining days before Nisan;
1. "Shamor Es Chodesh ha'Aviv" - ensure that the Tekufah of Aviv (i.e. of Nisan) will begin in the first half of the month, before the moon is full.
2. Question: If 14 days remain, it would suffice to add a day to Adar (why must we Me'aber the year)?
3. Answer (Rav Acha bar Yakov): Indeed, that is true - the Tana counts from the top down: we Me'aber as long as the remaining days are (at least 15,) not a minority of Nisan;
(d) Answer #2 (Ravina): Really, Others discuss the remaining days before Tishrei, they require that all of Sukos, even the first day of Yom Tov, must be in the new Tekufah.
(e) Question: We learn from "Chag ha'Asif" - Asifah (gathering) is forbidden on Yom Tov!
(f) Answer: It means, the festival that comes at the time of gathering.
3) SEMICHAH
(a) (Mishnah - R. Shimon): Three judges are needed for Semichah of judges.
(b) (Beraisa) Suggestion: "V'Samechu Ziknei..." (they lean on a Par He'elam Davar (a bull brought for a mistake of the Sanhedrin)) - perhaps the Zekenim need not be from the Sanhedrin!
(c) Rejection: It says "Edah".
(d) Suggestion: Perhaps they can be from a small Sanhedrin!
(e) Rejection: It says "Ha'Edah", from the most special one (the Great Sanhedrin).
1. R. Yehudah says, "V'Samechu" teaches two judges, "Ziknei" teaches two, we do not make a Beis Din with an even number, so we add a fifth.
2. R. Shimon says, "Ziknei" teaches two judges, we do not make a Beis Din with an even number, so we add a third.
3. Question: Why doesn't R. Shimon learn from "V'Samechu"?
4. Answer: This is needed to teach that they do Semichah!
i. R. Yehudah expounds it, for it could have omitted this, and said only 'Ziknei ha'Edah Yedeihem Al Rosh ha'Par".
ii. R. Shimon says, had it said thusly, one might have thought that 'Al' means *near*.
iii. R. Yehudah says, we would learn from the Gezerah Shavah "Rosh-Rosh" from an Olah.
iv. R. Shimon had no tradition for this Gezerah Shavah.
(f) (Beraisa - R. Shimon): Three judges are needed for Semichah and Semichah of Zekenim.
(g) Question: What is the difference between Semichah and Semichah of Zekenim?
(h) Answer (R. Yochanan): (Semichah is leaning on a sacrifice for a mistake of the Sanhedrin;) Semichah of Zekenim is ordination of judges.
(i) Question (Abaye): Question: What is the source that Semichah of Zekenim requires three judges?
1. Suggestion: If we learn from Moshe's Semichah of Yehoshua, one should suffice - "Va'Yismoch Es Yadav Alav"!
2. Suggestion: Perhaps Moshe is considered like 71 judges.
3. Rejection: If so, we should need 71!
(j) This is left difficult.
(k) Question (Rav Acha brei d'Rava): Must Semichah be with the hand?
(l) Answer (Rav Ashi): (No,) Semichah is giving the title 'Rebbi' and permission to judge fines.
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