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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Sanhedrin 50
1) HOW CHACHAMIM LEARN THE ORDER OF SEVERITY OF THE 4 MISOS
(a) (Mishnah): Stoning, burning...
(b) Stoning is more severe than burning, for it is given to
blasphemers and idolaters.
(c) Question: Those are considered severe transgressions
because they rebel against Hash-m; (the reasons for the
severity of the transgressions remains the same in the
entire discussion, we will not repeat them every time).
1. A Bas Kohen who was Mezanah is burned, this is
severe because she profanes her father!
(d) Answer: Chachamim say that a Bas Kohen is burned only if
she had Nisuin (or is a Bogeres or non-virgin), but a
(virgin) Mekudeshes Na'arah is stoned (like a Bas
Yisrael);
1. Surely, the Torah is more stringent when she is
Mekudeshes (she disgraces her father even more, she
was Mezanah while under his jurisdiction) - it
follows that stoning is more severe than burning.
(e) Stoning is more severe than beheading, for it is given to
blasphemers and idolaters.
(f) Question: People of an Ir ha'Nidachas are beheaded, this
is more severe!
1. Question: What is the stringency of an Ir
ha'Nidachas?
2. Answer: We destroy their property.
(g) Answer: Enticing to serve idolatry is worse than serving
it;
1. (Beraisa): The ones who enticed a city to become an
Ir ha'Nidachas are stoned.
(h) Stoning is more severe than choking, for it is given to
blasphemers and idolaters.
(i) Question: One who wounds a parent is choked; this is
severe because honor of parents is compared to honor of
Hash-m.
(j) Answer: Since a Nesu'ah (Bas Yisrael) is choked for
Zenus, and a Mekudeshes Na'arah (Yisrael) is stoned, it
follows that stoning is more severe than choking.
(k) Burning is more severe than beheading, for a Bas Yisrael
who was Mezanah is choked.
(l) Question: People of an Ir ha'Nidachas are beheaded!
(m) Answer: It says "Aviha" by stoning a Mekudeshes Na'arah,
and also by burning a Bas Kohen;
1. Just as stoning is more severe than beheading, also
burning.
(n) Burning is more severe than choking, for a Bas Kohen is
burned (the stringency is that she profanes her father).
(o) Question: One who wounds a parent is choked!
(p) Answer: Since a (Nesu'ah) Bas Yisrael who was Mezanah is
choked, and a Bas Kohen is burned, this shows that
burning is more severe.
(q) Beheading is more severe than choking, for it is given to
people of an Ir ha'Nidachas.
(r) Question: One who wounds a parent is choked.
(s) Answer: Ir ha'Nidachas is more severe, for idolatry is a
rebellion against Hash-m.
2) HOW R. SHIMON LEARNS THE ORDER OF SEVERITY THE 4 MISOS
(a) (Mishnah - R. Shimon): Burning...
(b) Burning is more severe than stoning, for a Bas Kohen who
was Mezanah is burned, this is severe because she
profanes her father.
(c) Question: Stoning is severe, for it is given to
blasphemers and idolaters;
1. These are severe because they rebel against Hash-m.
(d) Answer: R. Shimon says that a Bas Kohen is burned even if
she is Mekudeshes;
1. A Mekudeshes Bas Yisrael is stoned - surely, the
Torah is more stringent regarding a Bas Kohen.
(e) Burning is more severe than choking, for a Bas Kohen who
was Mezanah is burned.
(f) Question: One who wounds a parent is choked; this is
severe because honor of parents is compared to honor of
Hash-m!
(g) Answer: Since a (Nesu'ah) Bas Yisrael who was Mezanah is
choked, and a Bas Kohen is burned, this shows that
burning is more severe.
(h) Burning is more severe than beheading, for a Bas Kohen
who was Mezanah is burned.
(i) Question: Beheading is severe, for it is given to people
of an Ir ha'Nidachas - their property is destroyed!
(j) Answer: Enticing to serve idolatry is worse than serving
it;
1. R. Shimon holds that the ones who enticed a city to
idolatry are choked, surely this is more severe than
beheading.
50b---------------------------------------50b
2. Burning is more severe than choking, all the more so
it is more severe than beheading!
(k) Stoning is more severe than choking, for it is given to
blasphemers and idolaters.
(l) Question: One who wounds a parent is choked!
(m) Answer: Since a Nesu'ah (Bas Yisrael) is choked for
Zenus, and a Mekudeshes Na'arah (Yisrael) is stoned, it
follows that stoning is more severe.
(n) Stoning is more severe than beheading, for it is given to
blasphemers...
(o) Question: Beheading is severe, for it is given to people
of an Ir ha'Nidachas!
(p) Answer: Enticing to serve idolatry is worse than serving
it;
1. (R. Shimon holds that) the ones who enticed a city
to idolatry are choked, surely this is more severe
than beheading.
2. Stoning is more severe than choking, all the more so
it is more severe than beheading!
(q) Choking is more severe than beheading, for it is given to
one who wounds a parent.
(r) Question: Beheading is severe, for it is given to people
of an Ir ha'Nidachas!
(s) Answer: Enticing to serve idolatry is worse than serving
it;
1. The ones who enticed a city to idolatry are choked,
surely this is more severe than beheading.
2. (Beraisa): The ones who enticed a city to idolatry
are stoned;
3. R. Shimon says, they are choked.
3) WHEN A "BAS KOHEN" IS BURNED
(a) (R. Yochanan): (Chachamim say that) if a Mekudeshes
Na'arah Bas Kohen was Mezanah, she is stoned; R. Shimon
says, she is burned.
1. If she was Mezanah with her father, she is stoned;
R. Shimon says, a Bas Kohen is burned.
(b) Question: What does R. Yochanan teach?
(c) Answer: Chachamim say that stoning applies only to a
Nesu'ah (or Bogeres or non-virgin), not to a (virgin)
Mekudeshes Na'arah; R. Shimon says, it applies to both.
(d) Question: What is the reason for the argument?
(e) Answer: Chachamim say that stoning is more severe, R.
Shimon says that burning is more severe.
1. This reason also teaches about anyone who is liable
to both Misos, he receives the harsher one.
(f) Question: What is the source of R. Shimon's opinion about
a Mekudeshes Na'arah?
(g) Answer (Beraisa - R. Shimon): The Torah gave two general
rules about a Bas Kohen...
(h) Interjection: His rules also apply to a Bas Yisrael!
(This questioner already knows R. Shimon's opinion.)
(i) Correction: The Torah gave two general rules (that should
have applied) *even* regarding a Bas Kohen (a Nesu'ah
that was Mezanah is choked, a Mekudeshes Na'arah is
stoned);
1. The Torah said that a Nesu'ah Bas Kohen has a
different law than a Nesu'ah Bas Yisrael, and a
Mekudeshes Bas Kohen has a different law than a
Mekudeshes Bas Yisrael (i.e. the Bas Kohen is
burned);
2. Just as (even Chachamim agree that) a Nesu'ah Bas
Kohen gets a harsher Misah than a Nesu'ah Bas
Yisrael, also a Mekudeshes Bas Kohen.
3. The special law of a Bas Kohen does not apply to
Zomemim witnesses that are killed for testifying
that a Nesu'ah or Mekudeshes Bas Kohen was Mezanah
(they are choked or stoned, as if they testified
about a Bas Yisrael).
(j) (Beraisa) Suggestion: "U'Vas Ish Kohen Ki *Sechel*" -
perhaps this refers even to Chilul (desecration of)
Shabbos!
(k) Rejection: "Liznos" - the verse only applies to Zenus.
(l) Suggestion: Perhaps it even applies to a single girl!
(m) Rejection: It says here "Aviha", like it says regarding a
Mekudeshes Na'arah;
1. Just like there she has a husband, also here.
(n) Question: Perhaps "Aviha" (here) teaches that she is
burned only if she was Mezanah with her father (and is
not free for the Gezerah Shavah)!
(o) Answer: "Hi Michaleles" implies that she was Mezanah with
someone else (if it was with her father, he is Mechalel
her), therefore, "Aviha" is free for the Gezerah Shavah.
(p) Question: There it referred to a Mekudeshes Na'arah - how
do we know to include a Nesu'ah or a Bogeres, even if she
is old?
(q) Answer: '*U*'Vas" - in any case.
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