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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Sanhedrin 62
SANHEDRIN 62 - has been dedicated by Family Posen of Jerusalem & London to
honor the Yahrzeit on 3 Kislev of their father, Reb Moshe ben Yehoshua
(Frank) Posen Z"L, who completed Shas learning Dafyomi. He insisted on
continuing with his Kevi'us until his very last day.
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1) "KORBANOS" FOR IDOLATRY WITH MULTIPLE "AVODOS"
(a) Version #1 (R. Zakai): If one did Zevichah, Haktarah,
Nisuch and Hishtachava'ah in one forgetting (he did not
remember in between that these are forbidden), he only
brings one Korban.
(b) R. Yochanan: Leave the Beis Medrash (that is wrong)!
(c) (R. Aba): Tana'im argue about R. Zakai's law.
1. (Beraisa - R. Yosi): The Torah forbids all Melachos
- it specifically forbids burning to teach that it
is only a Lav, one is not Chayav Misah for it;
2. R. Noson says, it is taught by itself to separate
the Melachos (it teaches that one is liable for a
single Melachah, and obligates one to bring a Korban
for every Melachah done b'Shogeg).
3. R. Zakai's law is like the opinion that burning was
taught by itself to teach that it is only a Lav -
likewise, Hishtachava'ah (and we have no source to
Mechayev a separate Chatas for each Avodah in one
He'elam)
4. According to the opinion that burning teaches that
we Mechayev a separate Chatas for each Melachah in
one He'elam, Hishtachava'ah teaches similarly about
Avodos.
(d) Objection (Rav Yosef): Perhaps R. Yosi only said that
burning was taught by itself to teach that it is only a
Lav because "Me'Achas me'Henah" is Mechalek Melachos;
1. (Beraisa - R. Yosi): "V'Asah me'Achas me'Henah" -
sometimes one is liable one Chatas for many
Melachos, sometimes he brings one Chatas for each
transgression.
2. (R. Yonason): He learns from "V'Asah me'Achas
me'Henah" - it could have said 'V'Asah Achas',
therefore we expound the extra 'Mem', 'Henah' and
'me'Henah':
3. Achas refers to a full Melachah, e.g. writing the
name 'Shimon'; "me'Achas" teaches that he is liable
even for part of a Melachah, he wanted to write
'Shimon', he only wrote the first two letters,
'Shem' (Rashi - because this is also a name or word;
Me'iri - even if they would not form a word);
4. 'Henah' teaches Avos (important Melachos used to
build the Mishkan), 'me'Henah' teaches Toldos
(secondary Melachos derived from and similar to the
Avos);
5. Achas (transgression of one Mitzvah, do not do
Melachah on Shabbos) is sometimes Henah (liable
multiple Chata'os) - he remembered that it was
Shabbos, he forgot (and did) different Melachos;
6. Henah (many transgressions) is sometimes liable only
Achas (one Chatas) - he forgot that it was Shabbos,
he remembered that he was doing Melachos.
7. Summation of objection: Regarding idolatry, R. Yosi
has no other source to Mechalek Avodos, he would
agree that Hishtachava'ah is Mechalek Avodos!
(e) Counter-question: The same verse can be used to teach
Chiluk Avodos!
1. Achas refers to a full Avodah, e.g. slaughter;
"me'Achas" teaches that he is liable even for part
of an Avodah, he slaughtered one of the two Simanim
(Kaneh and Vesht);
2. 'Henah' teaches Avos - slaughtering, burning, Nisuch
and bowing; 'me'Henah' teaches Toldos, breaking a
stick in front of it (if the idolatry is served with
a stick), which resembles slaughter;
3. Achas (transgression of one Mitzvah, idolatry) can
be Henah (multiple Chata'os) - he remembered that
idolatry is forbidden, he forgot the Avodos (and did
different Avodos);
4. Henah (many transgressions) can be Achas (one
Chatas) - he was Shogeg regarding idolatry, he
remembered the Avodos.
5. Question: What is the case of idolatry b'Shogeg?
i. If he thought he was bowing to a synagogue, and
it really was idolatry - he intended to serve
Hash-m (surely, he is exempt)!
6. Answer #1: Rather, he bowed to a statue.
7. Rejection: If he accepted it to be his god, he was
Mezid; if he did not accept it, he did not serve
idolatry!
8. Answer #2: Rather, he served idolatry on account of
love or fear.
9. Question: This is like Abaye, who obligates for
serving on account of love or fear;
i. According to Rava, who exempts, how can we
answer?
10. Answer #3: He thought that idolatry is permitted.
11. Question: If so, we can settle a question of Rava!
i. Question (Rava): If a person forgot that it was
Shabbos *and* he forgot Melachos (and did
them), does he bring just one Chatas (for
forgetting Shabbos), or one for each Melachah?
ii. Just like here, he forgot that idolatry is
forbidden (and perforce, he also forgot that
Avodos are forbidden), he brings only one
Korban, also regarding Shabbos! (We retract
from the previous explanation of Henah that is
Achas, we know say that he was Shogeg regarding
idolatry *and* the Avodos.)
iii. Answer: Indeed, Rava will answer as we said,
and we resolve his question.
(f) Answer: We cannot establish "Me'Achas me'Henah" to refer
to idolatry - this verse is in the Parshah of Chata'os in
Vayikra, where it says that an anointed Kohen brings a
bull, a Nasi brings a male goat, and a commoner brings a
female lamb or goat;
1. (Mishnah): Regarding idolatry, an anointed Kohen or
Nasi brings a female goat, like a commoner.
(g) Conclusion: Rav Yosef's objection is affirmed. (R. Zakai
must learn from "V'Lo So'ovdem" that all Avodos are
considered one.)
62b---------------------------------------62b
2) SHABBOS IS DIFFERENT FROM OTHER "MITZVOS"
(a) Version #2 (Rav Shmuel bar Yehudah): R. Zakai taught in
front of R. Yochanan as follows:
1. There is a stringency of Shabbos over other Mitzvos,
and there is a stringency of other Mitzvos over
Shabbos:
i. The stringency of Shabbos - if two Melachos
were done in one He'elam, he is liable for each
one, this is not so regarding other Mitzvos.
ii. The stringency of other Mitzvos - if someone
transgressed b'Shogeg without intention he is
liable, this is not so regarding Shabbos (one
is not liable unless he intended to do the
Melachah).
(b) Question: He said that regarding Shabbos, if two Melachos
were done in one He'elam, he is liable for each one -
what is the case?
1. If he reaped and ground - the corresponding case of
other Mitzvos is eating Chelev and blood, also there
he is liable for each!
(c) Answer #1: We must say, regarding other Mitzvos he ate
Chelev twice (in one He'elam).
(d) Rejection: Also regarding Shabbos, if he reaped twice he
is liable only once!
1. This is why R. Yochanan told him to leave the Beis
Medrash.
(e) Question (and Answer #2): Why not say, really, he reaped
and ground - the corresponding case of other Mitzvos is
idolatry, as R. Ami taught!
1. (R. Ami): If someone did Zevichah, Haktarah and
Nisuch in one He'elam, he is liable only one Korban.
(f) Answer: We cannot establish it regarding idolatry on
account of the latter clause - The stringency of other
Mitzvos, if someone transgressed b'Shogeg without
intention he is liable, this is not so regarding Shabbos.
1. Question: How could we establish this regarding
idolatry?
i. If he thought he was bowing to a synagogue, and
it really was idolatry - he intended to serve
Hash-m!
2. Answer #1: Rather, he bowed to a statue.
3. Rejection: If he accepted it to be his god, he was
Mezid; if not, he did not serve idolatry!
4. Answer #2: Rather, he served idolatry on account of
love or fear.
5. Question: This is like Abaye, who obligates for
serving on account of love or fear;
i. According to Rava, who exempts, how can we
answer?
6. Answer #3: He thought that idolatry is permitted.
7. Question: R. Zakai taught, this is not so regarding
Shabbos, he is totally exempt;
i. Rava only asked whether a person who forgot
that it was Shabbos and forgot Melachos brings
one Chatas, or for each Melachah - there was no
side to say that he is totally exempt!
(g) Question: Perhaps the first clause refers to idolatry,
the second clause refers to a different Mitzvah!
1. Transgressing b'Shogeg without intention - he
thought that saliva was on his tongue and he
swallowed it (and it was really Chelev);
2. The corresponding case regarding Shabbos - he
intended to pick up something detached, and cut
something attached to the ground, he is exempt.
i. (Rav Nachman): Misasek (doing an action without
intention) regarding Arayos or forbidden foods
is liable, for he received pleasure;
ii. Misasek regarding Shabbos is exempt - the Torah
only forbids Melachah Machsheves (one who
accomplished his intention).
(h) Answer: R. Yochanan rejected this possibility because
(also elsewhere) he demands that the beginning and end of
a Mishnah or Beraisa resemble each other.
1. (R. Yochanan): If someone can explain the Mishnah of
a barrel (that a watchman moved without permission)
according to one Tana, I will carry his clothes to
the bathhouse.
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