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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Sanhedrin 82
1) ZEALOTS MAY KILL ONE WHO HAS RELATIONS WITH A NOCHRIS
(a) (Mishnah): One who has relations with a Nochris.
(b) Question (Rav Kahana): If zealots did not kill him, what
is the law?
(c) Rav forgot what he learned about this, he could not
answer. Rav Kahana was shown in a dream "Bagdah
Yehudah...u'Va'al Bas El Nechar"; he told Rav.
(d) Rav: This reminds me - "Bagdah Yehudah" refers to
idolatry;
1. "V'Soevah..." - this refers to Mishkav Zachar;
2. "Chilel Yehudah Kodesh Hash-m " - this refers to
harlotry,
3. "U'Va'al Bas El Nechar" - this is one who has
relations with a Nochris;
i. After this, it says "Yachres Hash-m...Er
v'Oneh...u'Magish Minchah".
ii. If he is a Chacham, he will not have a son that
is Er (sharp) among Chachamim and can Oneh
(answer) Talmidim;
iii. If he is a Kohen, he will not have a son that
brings Menachos (i.e. does Avodah).
(e) (R. Chiya bar Avuha): One who has relations with a
Nochris is like one who marries idolatry - "U'Va'al Bas
El Nechar";
1. Idolatry does not have children, the verse refers to
a Nochris like idolatry itself.
(f) (R. Chiya bar Avuha): It said on the skull of Yehoyakim
'This (the curse that it will not be buried) and one
other (vengeance will be taken on it)'.
1. R. Freida's grandfather found a skull by the gates
of Yerushalayim, it said on it 'This and one other'.
He buried it (twice, each time) it came up. He
realized that it was the skull of Yehoyakim, about
whom it says "Kevuras Chamor Yikaver Sachov
ve'Haslech me'Hal'ah l'Sha'arei Yerushalayim".
2. He reasoned, it is not proper for a king to be
disgraced - he wrapped it in silk and put in a
chest.
3. His wife found it; neighbors told her that it is
probably from his first wife, he cannot forget her.
She burned it in the oven - this was the other
vengeance.
(g) (Rav Dimi): Beis Din of Chashmona'im decreed that a
Yisrael that has relations with a Nochris is liable on
four counts, as if he had relations with a Nidah, slave,
Nochris (in the way of marriage) and a married woman.
(h) (Ravin): They decreed, he is liable as if he had
relations with a Nidah, slave, Nochris (in the way of
marriage) and (if he is a Kohen) Zonah;
1. The decree does not consider her a married woman,
for this does not apply to Nochrim (Rashi - most
Nochriyos are not faithful to one man; Tosfos - a
Yisrael is not forbidden to a Nochri's wife by a
Lav).
2. Rav Dimi says that Nochrim do not allow their wives
to be like Hefker (Rashi - therefore, we can
obligate for a married woman; Tosfos - therefore,
the decree does not consider her a Zonah).
2) PINCHAS' ACT
(a) (Rav Chisda): If a zealot asks if he should kill (someone
doing one of these transgressions), we do not counsel him
to kill.
(b) (Rabah bar bar Chanah): If a zealot asks if he should
kill, we do not counsel him to kill;
1. Had Zimri ceased relations with Kozbi (and Pinchas
would have killed him anyway), Beis Din would have
killed Pinchas, Zimri would have been allowed to
kill Pinchas (PInchas would have been considered a
Rodef).
(c) "Va'Yomer Moshe El Shoftei Yisrael (to kill those who had
served Ba'al Pe'or)" - Shevet Shimon complained to Zimri
(its Nasi) that they were being sentenced to death. He
took 24,000 Yisraelim and asked Kozbi to have relations
with him.
1. Kozbi: I am the king's daughter, father asked me to
have relations with the most important Yisrael.
2. Zimri: I am Nasi of a Shevet - and my Shevet was
born second to Yakov, before Levi (Moshe's Shevet),
which was third!
3. Zimri took her in front of Moshe. 'Is she permitted
or forbidden? If you says forbidden - who permitted
you to marry Yisro's daughter (who was also from
Midyan)?!' (In truth, Moshe's wife had converted
when the Torah was given.)
4. Moshe forgot the Halachah (that zealots may kill in
this case); all of Yisrael were crying - "V'Hemah
Vochim Pesach Ohel Mo'ed".
(d) Question: "Va'Yar Pinchas" - what did he see?
(e) Answer #1 (Rav): He saw the act, and remembered the
Halachah.
1. Pinchas (to Moshe): Didn't you teach me that a
zealot may kill one who has relations with a
Nochris?
2. Moshe: You recalled the Halachah, it is proper for
you to carry it out.
(f) Answer #2 (Shmuel): He saw that "Ein Chachmah v'Ein
Tevunah v'Ein Etzah l'Neged Hash-m" - when desecration of
Hash-m's name is happening, we do not stop to honor the
Rebbi (he acted without asking Moshe).
(g) Answer #3 (R. Yitzchak): He saw that the Malach ha'Maves
was killing Yisraelim (therefore, he acted immediately).
(h) "Va'Yakam mi'Toch ha'Edah va'Yikach Romach b'Yado (he
took his spear after taking leave of the Sanhedrin)" -
this teaches that we do not take weapons into the Beis
Medrash.
1. He removed the dagger at the end of his spear and
put it in his garment; he used it as a walking staff
and came to Shevet Shimon.
82b---------------------------------------82b
2. Pinchas: Where do we find that Levi is greater than
Shimon? (Also we can do like you!)
3. They thought they he also wanted to sin, they
allowed him to enter the tent of Zimri.
(i) (R. Yochanan): Six miracles were done for Pinchas:
1. Zimri should have ceased the act (to save himself) -
he did not;
2. He should have screamed for his Shevet to help him -
he did not;
3. Pinchas was able to kill them through their genitals
(so all would see that he killed them amidst the
act);
4. They did not fall off the spear;
5. A Malach lifted the lintel (top doorframe) in order
that Pinchas could leave with the spear still
pointing up (so they would not fall off);
6. A Malach came and struck people of Shimon, so they
did not kill Pinchas.
(j) He cast Zimri and Kozbi on the ground, and asked if these
were worthy to cause 24,000 Yisraelim to die in a plague;
1. (R. Elazar): "Va'Ya'amod Pinchas va'Yfalel" - it
does not say 'Va'Yispalel', rather, "va'Yfalel", he
was judging in front of Hash-m.
(k) Malachim wanted to dispel him for this, but Hash-m
defended him - he is a zealot, a descendant of a zealot
(Levi, who avenged the taking of Dinah); he turns away My
anger, a descendant of one who turned away My anger
(Aharon, after Korach's rebellion).
(l) The tribes were scorning Pinchas - 'This son of Puti,
whose grandfather (Yisro) Pitem (fattened) calves for
idolatry, killed the Nasi of a Shevet!'
1. Therefore, the verse gives his lineage to show in
whose ways he followed - "Pinchas ben Elazar ben
Aharon ha'Kohen".
2. Hash-m made a Bris with Pinchas - "Hineni Nosen Lo
Es Brisi Shalom".
3. ("Bris Kehunas Olam") - his act is worthy to be an
eternal atonement for Yisrael.
(m) (Rav Nachman): "Zarzir Masnayim..." - this refers to
Zimri, who had 424 (the Gematri'a of Zarzir) acts of
relations with Kozbi.
1. "MaSNayim O SayiSH..." - Pinchas HiMTiN (waited)
until Zimri strength TaShaSh (grew weak) - he did
not know that "U'Melech Alkum Imo" (Hash-m would do
miracles for him).
(n) (Beraisa): He had 60 acts of relations with her, until
she was full of semen.
(o) (Rav Sheshes): Her real name was Shevilnai bas Tzur; she
is called Kozbi because she was Kozev (unfaithful) to her
father's command (to have relations with the greatest
Yisrael);
(p) (R. Yochanan): He had five names - Zimri, Ben Salu,
Sha'ul, Ben ha'Kana'anis, and Shlumi'el ben Tzurishadai:
1. He is called Zimri because he had relations with
Kozbi until his Beitzim were Muzaros (scrambled);
2. Ben Salu - because he Hisli (made people mention)
his family's transgressions;
3. Sha'ul - because he Hish'il (lent) himself out to
sin;
4. Ben ha'Kana'anis - because he acted like Kana'an;
5. Shlumi'el ben Tzurishadai was his real name.
3) LIABILITY FOR PERFORMING "AVODAH" WHEN ONE IS "TAMEI"
(a) (Mishnah): A Kohen did Avodah when he was Tamei...
(b) Question (Rav Acha bar Huna): If a Kohen did Avodah in
Tum'ah, is he Chayav Misah bi'Dei Shamayim?
(c) Answer (Rav Sheshes - Mishnah): If a Kohen did Avodah in
Tum'ah, the other Kohanim do not take him to Beis Din,
rather, the young Kohanim take him outside of the Azarah
and break his head with pieces of wood.
1. If he is Chayav Misah bi'Dei Shamayim, why must they
kill him - Hash-m will kill him!
(d) Objection: We never find someone who is not Chayav Misah
bi'Dei Shamayim, and we kill him!
(e) Question: We do find such a case!
1. (Mishnah): If someone was lashed twice, Beis Din put
him in Kipah and feed him barley, until his stomach
bursts.
2. He is not Chayav Misah bi'Dei Shamayim, and we kill
him!
(f) Answer: R. Yirmeyah taught, the Mishnah discusses someone
lashed for Chayavei Kerisus, he is Chayav Misah (bi'Dei
Shamayim);
(g) Question: Zealots can kill one who steals ha'Kisvah!
(h) Answer: Rav Yehudah taught, this refers to a Kli Shares,
for which he is Chayav -: "K'Bala Es ha'Kodesh va'Mesu".
(i) Question: Zealots can kill one who curses b'Kosem!
(j) Answer: Rav Yosef taught, he says 'Kosem should strike
the One who made it' - this resembles blasphemy.
(k) Question: Zealots can kill one who has relations with a
Nochris!
(l) Answer: Rav Kahana was shown in a dream "...U'Va'al Bas
El Nechar...Yachres..." (he gets Kares).
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