POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Sanhedrin 48
1) DOES "HAZMANAH" (DESIGNATION) TAKE EFFECT?
(a) Question (against Rava - Mishnah): A kerchief was Tamei
Medras (it becomes an Av ha'Tum'ah, because she often
sits on it); it was given to be used as a cover on a
Sefer Torah - it is no longer Tamei Medras, but it is
Tamei (because it 'touched' itself at the moment its
status changed, through designation).
(b) Answer: The case is, it was wrapped on the Sefer Torah.
1. (Rav Chisda): If a cloth was designated and used to
wrap Tefilin, one may not wrap coins in it;
2. If it was designated but not yet used to wrap
Tefilin, or used but not designated, one may wrap
coins in it.
3. According to Abaye, who says that designation takes
effect, it all depends on designation:
i. If it was designated, even if it was not yet
used for Tefilin, one may not wrap coins in it;
ii. If it was not designated, even if it was used
for Tefilin, one may wrap coins in it.
(b) Question (against Rava - Beraisa): If a Nefesh (a tomb
above ground) was built for a living person, it is
permitted;
1. If a layer of stones was added for his sake after he
died, it is forbidden.
(c) Answer: It is forbidden after the Mes was put inside
(d) Question: If so, even if a layer of stones was not added,
it is forbidden!
(e) Answer: If a layer of stones was added, it is forbidden
even after the Mes is removed.
(f) (Rafram bar Papa): If one recognizes the layer of stones
added, he may remove it, and the Nefesh is permitted
(after the Mes is removed).
(g) Question (against Rava - Beraisa): If one dug a grave for
his father and buried him elsewhere, no one else may be
buried in the first grave.
(h) Answer: There it is forbidden on account of the honor of
his father.
1. Support (end of the Beraisa - R. Shimon ben
Gamliel): Even if he quarried rocks for a grave for
his father and buried him elsewhere, he may not use
the rocks to bury anyone else.
2. Surely, this is on account of the honor of his
father;
i. No one says that such a preliminary stage of
designation has any effect, this is like
spinning thread to be woven to make shrouds!
(i) Question (against Abaye - Beraisa): It is permitted to
benefit from a new grave;
1. If a Nefel was put inside, it is forbidden to
benefit from it.
2. Inference: Before putting a Nefel inside, it is
permitted!
(j) Answer: No, even before putting a Nefel inside, it is
forbidden;
1. The Tana comes to argues with R. Shimon ben Gamliel,
who says that a Nefel does not forbid a grave
(permanently, i.e. even after it is removed).
(k) Question (against Abaye - Mishnah): If money was
collected to bury the dead and not all is needed, the
extra is used for people who will die later;
1. If money was collected for one Mes and not all is
needed, the extra is given to his heirs.
2. (Beraisa): If money was collected to bury the dead
in general (Mesei Mitzvah or Mesim from poor
families), the extra is used for people who will die
later;
3. If money was collected for a particular Mes and not
all is needed, the extra is given to his heirs (the
designation had no effect)!
4. Counter-question (end of the Mishnah - R. Meir): The
heirs may not use the money, it is left until
Eliyahu comes;
5. R. Noson says, we use it to build another layer on
his grave, or to sprinkle wine in front of his
coffin.
(l) (Seemingly, Chachamim hold like Rava, R. Meir and R.
Noson hold like Abaye.)
(m) Answer #1 (for Abaye): All agree that designation takes
effect - Chachamim say that designation only applies to
the amount needed for the Mes, R. Meir is unsure
(therefore, we leave it until Eliyahu comes), R. Noson is
sure that it applies to everything collected (therefore,
we use it for the Mes).
(n) Answer #2 (for Rava): All agree that designation has no
effect - Chachamim say that a person (when alive) pardons
his disgrace (that people collect for his burial) in
order to help his heirs (they should keep the extra
money), R. Meir is unsure, R. Noson is sure that he does
not pardon.
2) DOES "HAZMANAH" TAKE EFFECT? (Cont.)
(a) Question (against Abaye - Beraisa): If the parents of the
Mes were throwing clothes on the Mes (more than is
needed), it is a Mitzvah to remove them (so they will not
become forbidden, i.e. they are not yet forbidden)!
48b---------------------------------------48b
(b) Answer: That is different, they only throw out of grief
(therefore, it is not designation).
(c) Question (end of the Beraisa - R. Shimon ben Gamliel): If
the clothes touched the bed on which the Mes rests, they
are forbidden (even though they threw from grief)!
(d) Answer (Ula): The case is, the bed will be buried with
the Mes; R. Shimon ben Gamliel decrees to forbid what
touches the Mes, lest people will think that shrouds are
permitted.
(e) Question (against Rava): If a bag was made to hold
Tefilin, one may not put coins in it;
1. If it was not made for Tefilin but Tefilin was put
in it, one may put coins in it.
(f) Answer: The first clause should say, if it was made for
Tefilin and Tefilin was put in, one may not put coins in
it (like Rav Chisda's teaching above).
(g) Question (against Abaye - Beraisa): Reuven told a
craftsman 'Make me a cover for a Sefer Torah (or for
Tefilin)' - he may use it for Chulin only until he uses
it for Kodesh, afterwards it is forbidden.
(h) Answer: Tana'im argue about designation.
1. (Beraisa): If (the Batim of) Tefilin were covered
with gold or hide of a Tamei animal, they are Pasul;
2. If they were covered with hide of a Tahor animal,
they are Kosher, even if the hide was not tanned
Lishmah (for the sake of Tefilin);
3. R. Shimon ben Gamliel says, if the hide was not
tanned Lishmah they are Pasul.
4. (Rashi - Chachamim do not require Lishmah, for they
say that designation is meaningless; R. Shimon
requires it, he says that designation takes effect;
R. Tam - Chachamim say that designation takes
effect, therefore, this suffices in place of
Lishmah; R. Shimon says that designation has no
effect, therefore he requires Lishmah.)
(i) Question (Ravina (to Rava)): You argue with Abaye about
shrouds made for a particular Mes - is there a place
where they (do not have shrouds ready in advance, they)
leave a Mes naked until they make shrouds?!
(j) Answer (Rava): Yes, in Herpanya.
(k) (Mereimar): The Halachah follows Abaye.
(l) (Rabanan): The Halachah follows Rava.
(m) The Halachah follows Rava.
3) WHO RECEIVES THE PROPERTY OF SOMEONE EXECUTED?
(a) (Beraisa): The property of people killed by the (Yisrael)
king (for rebelling against him) belongs to the king;
1. The property of people killed by Beis Din belongs to
the heirs.
2. R. Yehudah says, also the property of people killed
by the king belongs to the heirs.
3. Chachamim: But it says, "B'Cherem Navos Asher Yarad
(Achav) Sham Lerishto"!
4. R. Yehudah: Achav was his nephew, he was the heir.
5. Chachamim: But Navos had many sons (they were his
heirs)!
6. R. Yehudah: Achav killed them also - "Demei Navos
v'Es Demei Vanav Ra'isi".
7. Chachamim: That refers to other children that Navos
was fitting to have.
(b) Question: According to Chachamim, we understand "Berach
Navos Elokim va'Melech" - the witnesses (falsely)
testified that he cursed the king, in order that Achav
would be entitled to his property;
1. But according to R. Yehudah, in any case Achav would
inherit it, it would have sufficed to testify that
he blasphemed!
2. Counter-question: Also according to Chachamim, why
did they testify that he blasphemed, it would have
sufficed to testify that he cursed the king (a Mored
b'Malchus is killed)!
(c) Answer to both questions: They added to the story to give
more justification to kill him.
(d) Question: According to R. Yehudah, we understand
"Va'Yanas Yo'av El Ohel Hash-m va'Yachazek b'Karnos
ha'Mizbe'ach...Ki Fo Amus" (he did not want to be judged
by Shlomo, for then Shlomo would get his property);
1. But according to Chachamim, in any case his heirs
would inherit it, what difference would it make?
(e) Answer: He wanted (a small) additional time to live
(until Shlomo would hear and command to take him).
(f) "Ko Diber Yo'av v'Cho Anani" - Yo'av told Shlomo 'Do not
do inflict a second punishment upon me - if you will kill
me, accept upon yourself the curse David cursed me; if
you do not accept the curse upon yourself, do not kill
me'.
(g) (Rav Yehudah): "Ase Ka'asher Diber u'Fega Bo u'Kvarto" -
all David's curses ("Al Yikares mi'Beis Yo'av Zav
u'Metzora u'Machazik ba'Pelech v'Nofel ba'Cherev
va'Chasar Lachem") came upon David's descendants:
1. Rechav'am was a Zav - it says "Rechav'am Hisametz
La'also ba'Merkavah", just like "ha'Merkav Asher
Yirkav Alav ha'Zav Yitma";
2. Uziyahu was a Metzora - "Veha'Tzara'as Zorcha
v'Mitzcho";
3. Asa needed a cane - "L'Es Ziknaso Chalah Es Raglav".
i. (Rav Yehudah): He was stricken by Podagra (a
foot sickness).
ii. (Rav Nachman): It feels like a needle in the
skin.
iii. Question: How did Rav Nachman know?
iv. Answer #1: He himself suffered from this.
v. Answer #2: He had a tradition from his Rebbi.
vi. Answer #3: "Sod Hash-m li'Re'av".
4. Yoshiyahu was killed by the sword - "Va'Yoru
ha'Yorim la'Melech Yoshiyahu";
i. (Rav Yehudah): They shot so many arrows into
him that he resembled a sieve.
5. Yechonyah lacked bread - "Va'Aruchaso Aruchas Tamid
Nitnah Lo" (but before this, he lacked food).
(h) (Rav Yehudah): It is better to be cursed (without reason)
than to curse (all David's curses came back upon his
descendants).
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