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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Sanhedrin 54
1) ONE IS ALWAYS LIABLE FOR HIS MOTHER
(a) Support (for Rava - Beraisa): "Ish" - this excludes a
minor; "Asher Yishkav Es Eshes Aviv" - this connotes
whether or not she is his mother;
1. Question: What is the source to obligate Misah for
his mother if she is not his father's wife?
2. Answer: "Ervas Aviv Gilah" - this is free to learn
from a Gezerah Shavah (to be explained).
3. "Mos Yumesu" - they are stoned.
4. Question: Perhaps it refers to a different Misah!
5. Answer: It says here "Demeihem Bam", and also
regarding Ov and Yid'oni - just as there it refers
to stoning, also here.
6. Question: This teaches the punishment - where does
the Torah warn not to have relations with her?
7. Answer: "Ervas Avicha Lo Segale" - this refers to
your father's wife.
8. Question: Perhaps it refers to your father himself!
9. Answer: It says "Ervas Avicha Lo Segale", it also
says "Ervas Aviv Gilah";
i. Just as the latter refers to his father's wife,
also the former.
10. Question: This includes his father's wife whether or
not she is his mother - what is the source to forbid
his mother if she is not his father's wife?
11. Answer: "Ervas Imcha Lo Segale".
12. Suggestion: Perhaps his mother is forbidden whether
or not she is his father's wife, but this is Chayav
Misah if she is his father's wife!
13. Rejection: It says "Ervas Avicha Lo Segale", it also
says "Ervas Aviv Gilah";
i. Just as the mother is forbidden in every case,
the punishment is Misah in every case.
14. "Imcha Hi" - he is only liable for his mother, not
for his father's wife.
(b) Chachamim explain, "Ervas Avicha" refers to relations
with your father.
(c) Question: All Mishkav Zachar (homosexual relations) are
forbidden - "V'Es Zachar"!
(d) Answer: For relations with his father he is also liable
on account "Ervas Avicha", as Rav Yehudah taught.
1. (Rav Yehudah): If a Nochri had relations with his
father, or with his father's brother he is liable
twice.
2. (Rava): Presumably, Rav Yehudah refers to a Yisrael,
if he was Shogeg he brings two Korbanos;
i. 'Nochri' is a euphemism, he did not want to
attribute such an act to a Yisrael;
ii. If it really referred to a Nochri, he is killed
for transgressing any of his Mitzvos (even
b'Shogeg) - it is not possible to punish him
twice!
3. Support (Beraisa): If one had relations with his
father, or with his father's brother he is liable
twice.
4. Opinion #1: The Beraisa is unlike R. Yehudah (for he
uses "Ervas Avicha" for a Gezerah Shavah, it does
not teach about relations with his father).
5. Opinion #2: The Beraisa is even like R. Yehudah - he
learns (extra) liability for (homosexual relations
with) his father from a Kal va'Chomer from his
(paternal) uncle:
i. If one is liable (an extra Korban) for
(relations with) his uncle, the relative of his
father, all the more so he is liable for his
father!
6. Chachamim and R. Yehudah argue as Abaye and Rava do,
whether or not we punish (lashes or death from a Kal
va'Chomer):
i. R. Yehudah says that we do, that is his source
to obligate for the father;
ii. Chachamim say that we do not, they expound
"Ervas Avicha".
(e) Question: What is Chachamim's source for the warning for
a father's wife?
(f) Answer: They learn from "Ervas Eshes Avicha Lo Segale".
1. R. Yehudah uses that for a warning for a father's
widow.
2. Chachamim learn this from the end of the verse -
"Ervas Avicha Hi".
3. R. Yehudah uses this to teach that (if she is
married) you are liable only for your father's wife,
not for a married woman.
4. Question (Mishnah): If one had relations with his
father's wife, he is liable for this and for a
married woman, whether or not his father is alive.
i. R. Yehudah does not argue!
5. Answer (Abaye): He does not argue in the Mishnah,
but (presumably) he argues in a Beraisa.
(g) Question: What is Chachamim's source for the punishment
for a father's widow?
1. R. Yehudah can learn from the Gezerah Shavah, but
Chachamim do not learn from it!
(h) Answer: R. Yehudah used "Ervas Aviv Gilah" for a Gezerah
Shavah - Chachamim use this to teach Misah for a father's
widow.
(i) Question: What is Chachamim's source for the punishment
for one's mother if she was not his father's wife?
(j) Answer (Rav Shisha brei d'Rav Idi): "Imcha Hi" - the
Torah equates a mother not married to the father with one
who is.
(k) (Mishnah): One who had relations with his
daughter-in-law...
(l) Question: He should also be liable for relations with his
son's wife (since the Torah gives this as another name
for the prohibition)!
(m) Answer (Abaye): The Torah begins by calling her Kalaso
(daughter-in-law), and ends by calling her his son's
wife, to teach that these are the same prohibition.
2) MISHKAV ZACHAR
(a) (Mishnah): Men who have Mishkav Zachar, or a man or woman
that commits bestiality are stoned (and also the animal).
(b) Question: The person sinned, why is the animal killed?
(c) Answer #1: Because the animal led to the downfall of a
person, it is stoned.
(d) Answer #2: Also, the Torah does not want that people will
see the animal and mention that Ploni was stoned on
account of it.
(e) (Gemara) Question: What is the source to stone for
Mishkav Zachar?
(f) Answer (Beraisa): "Ish" - this excludes a minor; "Asher
Yishkav Es Zachar" - whether he (the one he lies with) is
a minor or adult;
1. "Mishkevei Ishah" - this teaches that there are two
kinds of relations with a woman (natural and
unnatural, the same laws apply to both).
2. R. Yishmael says, this (seemingly) came to teach
(about Mishkav Zachar), but (since it is not needed
for this (there is only one way to do it)), it
teaches about relations with a woman.
3. "Mos Yumasu" - by stoning;
4. Question: Perhaps they receive a different Misah!
5. Answer: It says here "Demeihem Bam", and also
regarding Ov and Yid'oni - just as there it refers
to stoning, also here.
54b---------------------------------------54b
6. Question: This teaches the punishment - where does
the Torah forbid Mishkav Zachar?
7. Answer: "V'Es Zachar Lo Sishkav Mishkevei Ishah
To'evah Hi".
8. Question: This forbids the Shochev (the man who
inserts his Ever) - where does the Torah forbid the
Nishkav?
9. Answer #1 (R. Yishmael): It says "Lo Yihyeh Kadesh
mi'Benei Yisrael"; it also says "Kadesh Hayah
va'Aretz Asu k'Chol ha'*To'avos*" (which refers to
Mishkav Zachar in the above verse).
10. Answer #2 (R. Akiva): We learn from "Lo Sishkav" -
we (also) read this 'Lo Sishachev" (to be the
Nishkav).
(g) Question: Where does the Torah say to kill for
bestiality?
(h) Answer: "Ish" - this excludes a minor; "Asher Yiten
Shechavto bi'Vhemah" - whether it is big or small; "Mos
Yumas" - he is stoned.
1. Question: Perhaps he receives a different Misah!
2. Answer: It says here "Taharogu", as it says
regarding a Mesis - just as there it refers to
stoning, also here.
3. Question: This punishes one who is Shochev with an
animal - where does the Torah punish a Nishkav?
4. Answer: "Kol Shochev Im Behemah Mos Yumas".
i. Since we do not need this to teach about a
Shochev, we use it to teach about a Nishkav.
5. Question: This teaches the punishment - where does
the Torah forbid bestiality?
6. Answer: "Uv'Chol Behemah Lo Siten Shechavtecha".
7. Question: This forbids to Shochev with an animal -
where does the Torah forbid a Nishkav?
8. Answer #1 (R. Yishmael): It says "Lo Yihyeh Kadesh";
it also says "Kadesh Hayah..." (and bestiality is
also called To'evah).
9. Answer #2 (R. Akiva): It says "Lo Siten
Shechavtecha" - we (also) read this 'Lo Siten
Shechivasecha' (to be Nishkav).
(i) (R. Avahu): If Reuven was Shochev with a man and was
Nishkav with a man:
1. According to R. Yishmael, he is liable twice (i.e.
if he was Shogeg, he brings two Korbanos) because
different verses forbid these - "Lo Sishkav" and "Lo
Yihyeh Kadesh");
2. According to R. Akiva, he is liable once - both are
learned from (different ways to read) "Lo Sishkav".
(j) (R. Avahu): If Reuven was Shochev with and was Nishkav
with an animal:
1. According to R. Yishmael, he is liable twice - for
"Lo Siten Shechavtecha" and "Lo Yihyeh Kadesh";
2. According to R. Akiva, he is liable once - both are
learned from (readings of) "Lo Siten Shechavtecha".
(k) (Abaye): Here, R. Yishmael agrees that he is liable only
once - "Lo Yihyeh Kadesh" refers to Mishkav Zachar.
(l) Question: If so, what is his source to forbid a Nishkav
(with an animal)?
(m) Answer: He learns from "Kol Shochev Im Behemah Mos Yumas"
- since we do not need this to teach about a Shochev, (we
already have sources that it is forbidden and punishable
by stoning), we use it to teach about a Nishkav;
1. The Torah teaches about a Nishkav by saying
'Shochev', to equate them - just as a Shochev is
warned and punished, also a Nishkav.
(n) (R. Avahu): If Reuven was Nishkav with a man and with an
animal:
1. According to R. Akiva, he is liable twice - for "Lo
Sishkav" (we read 'Lo Sishachev') and "Lo Siten
Shechavtecha" (we read 'Lo Siten Shechivasecha');
2. According to R. Yishmael, he is liable once - both
are learned from "Lo Yihyeh Kadesh".
(o) (Abaye): Here, R. Yishmael agrees that he is liable twice
- it says "Kol Shochev Im Behemah Mos Yumas";
1. The Torah teaches about a Nishkav by saying
'Shochev', to equate them - just as a Shochev is
warned and punished, also a Nishkav.
(p) If one is Shochev and Nishkav with a man, and is Shochev
and Nishkav with an animal, R. Avahu and Abaye agree that
R. Yishmael obligates him three times (for "Lo Sishkav",
"Lo Siten Shechavtecha", and "Lo Yihyeh Kadesh"), R.
Akiva obligates twice (for "Lo Sishkav" and "Lo Siten
Shechavtecha").
3) RELATIONS OF A MINOR
(a) (Beraisa): A boy is not considered like a man, a small
animal is considered like a grown animal.
(b) (Rav): This means that we do not consider relations with
a boy less than nine years old like relations with a boy
above nine.
(c) (Shmuel): It means that we do not consider relations with
a boy less than three like relations with a boy above
three.
(d) Question: On what do they argue?
(e) Answer: Rav holds that only one who can be Shochev (i.e.
a nine-year old, his Shechivah is considered relations)
can be Nishkav;
1. Shmuel learns from "Mishkevei Ishah" (a boy that is
Nishkav is like a girl - if a three-year old girl is
Nishkeves, it is considered relations).
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