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ANSWERS TO REVIEW QUESTIONS

prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Sanhedrin 7

Questions

1)

(a) Rebbi Tanchum bar Chanila'i does not hold of Bitzu'a, because he interprets the Pasuk "u'Botze'a Beirech ... " with regard to the incident - when Aharon saw that his nephew Chur had been killed for trying to stop the people from making the Eigel. Realizing that he would suffer the same fate if he stood up to them, he decided to give in to their demands and make the Golden Calf.

(b) The deeper meaning of the Pasuk "va'Yar Aharon va'Yiven Mizbe'ach Lefanav" is - that Aharon understood from the one that lay slaughtered before him (Chur [what would happen to him ... should he fail to comply]).

(c) The Pasuk in Eichah which prompted Aharon to give in to the people's demands was - 'Im Yehareg be'Mikdash Hashem Kohen ve'Navi', which was said in connection with Zecharyah, who was killed on Yom Kipur in the Beis Hamikdash, when he came to rebuke the people.

(d) The drastic aftermath of that calamity was - the destruction of the Beis-Hamikdash.

2)
(a) The Tana'im who disagree with P'sharah interpret the Pasuk "Poter Mayim Reishis Madon" like Rav Hamnuna, who interprets the Pasuk in connection with Torah ('Ein Mayim Ela Torah'). The Pasuk comes to teach us - that the first question we will be asked by the Heavenly Court is whether we studied Torah.

(b)

1. Rav Huna compares a dispute to a stream of water, following a river bursting its banks - which (unless one repairs it immediately) flows into the neighboring fields in an ever-increasing torrent, until it reaches a point that the breach becomes irreparable.
2. Abaye Keshisha compares it to a plank in a bridge - which is shaky when it is first built, but becomes firm after a few people have trodden on it.
(c) A certain man stated that a person who gets into the habit of remaining silent when he hears his own shame - staves off the hundred evils that he would have to endure if he reacted.

(d) Shmuel, speaking to Rav Yehudah, connected this lesson with the Pasuk "Poter Mayim Reishis Madon". In this context, the meaning of ...

1. ... "Mayim" is - evils.
2. ... "Madon" - either 'Me'ah Dini' (a hundred judgements, the acronym of the word), or a hundred, as indicated by its numerical value.
3)
(a) Shmuel, speaking to Rav Yehudah, learns from the Pasuk ...
1. ... "Koh Amar Hashem, Al Sheloshah Pish'ei Yisrael, ve'Al Arba'ah Lo Ashivenu" - that although a person was not caught stealing and killed (see Agados Maharsha) the first two or three times, this does not mean that he will not get caught and killed on the fourth occasion.
2. ... "Ki Sheva Yipol Tzadik ve'Kam" - that a Tzadik is saved from falling into the seven pits that he passes by, whereas ...
(b) ... the Rasha falls into the first one.

(c) And Shmuel told Rav Yehudah, based on the Pasuk ...

1. ... "ve'Gam Kol ha'Am ha'Zeh al Mekomo Yavo ve'Shalom" that a defendant who lost his coat to the claimant in litigation - ought really to leave the courtroom singing (for being spared retaining something that is not his).
2. ... "ba'Atzaltayim Yimach ha'Mikreh" - that a woman who falls asleep during her spinning, will find that her spinning-basket remains empty.
3. ... in Tehilim "Gam Ish Shelomi Asher Batachti Bo ... " - that it happens sometimes that even one's closest allies, show a fist and turn enemy.
4)
(a) That man stated - that as long as people love each other, there is room for them to sleep together on the breadth of a sword. But when there is not - then even a hall sixty Amos wide will prove too small.

(b) Rav Huna learned the same lesson from the Pasuk "ve'Noadti Lecha Sham ve'Dibarti Itcha me'Al ha'Kapores". The measurements of ...

1. ... the Aron were ten Tefachim tall and one and a half by two and a half Amos in area.
2. ... the first Beis Hamikdash were thirty Amos tall, and sixty by twenty Amos in area.
(c) We now learn that man's statement from a combination of the two Pesukim, in Terumah, where the Shechinah rested in the small space on top of the lid of the Aron, whereas in Yeshayah, Hashem declares that even the entire Beis-Hamikdash was too small to contain it, seeing as His Glory fills the world.

(d) With reference to the previous Amud, Rav Acha bar Yaakov learns from the Pasuk "ve'Yayin Lo Sishteh ve'Lo *Se'egor*, and others from "Tachin ba'Kayitz Lachmah, *Agrah* be'Katzir" or from "*Oger* be'Kayitz Ben Maskil" - that "Lo *Saguru* Mipnei Ish" means that a judge or a Talmid may not hold back his words under the circumstances described there.

5)
(a) Rebbi Shmuel bar Nachmeini Amar Rebbi Yonasan learns from the Pasuk ...
1. ... "*Elokim Nitzav* ba'Adas Keil" - that when the Dayanim judge correctly ('Emes la'Amito') they bring the Shechinah down to Yisrael.
2. ... "mi'Shod Aniyim, me'Enkas Evyonim Atah *Akum*" - that when they don't, they cause it to depart.
(b) He states that when a Dayan unlawfully takes money from a poor litigant to give to the rich one - Hashem personally takes the part of the poor man, and punishes him by claiming his Soul.

(c) And he learns from the Pasuk in Shir Hashirim "Hinei Mitaso she'li'Shelomoh Shishim Giborim ... Ish Charbo al Yereicho mi'Pachad ba'Leilos" - that when a Dayan judges, he should consider it as if a sword was placed between his thighs, and Gehinom was open underneath him. "mi'Pachad ba'Leilos" - means 'from the fear of Gehinom'.

7b---------------------------------------7b

Questions

6)

(a) Hashem said to David "Diynu la'Boker Mishpat", meaning (not that Dayanim may only judge in the morning, but) - that they should only issue rulings once the Halachah is as clear to them as the fact that morning has arrived.

(b) Rebbi Chiya bar Aba Amar Rebbi Yochanan learns from the Pasuk "Emor la'Chochmah Achosi At" means - that they should only issue rulings once the Halachah is as clear to them as the fact that their sister is forbidden.

(c) Rebbi Yehoshua ben Levi says - that a noose hangs around the necks of ten people who sit to judge money-matters (even though three will suffice), though it is unclear why he picked on ten, an even number.

(d) We answer the Kashya 'P'shita' in order to incorporate the Talmidim, who are also obligated to state their opinion, should the Rebbe err, as we learnt above.

7)
(a) Rav Huna would gather ten Rabbanan from the Yeshivah, before issuing rulings (even though he had the authority to issue rulings on his own in his capacity as a Yachid Mumcheh) - in order to share the responsibility and the blame with them, should he err in his decision.

(b) When he said 'Ki Heichi de'Limtaya Shiva mi'Keshurah', he meant - that each one takes a bit of sawdust from the beam.

(c) When a Safek T'reifah was brought before Rav Ashi, who lived in Masa Mechsaya, to inspect, he would gather all the butchers of Masa Mechsaya, in order to clarify the options, before ruling.

(d) When Rav Dimi came from Eretz Yisrael, he cited Rav Nachman bar Kohen, who interpreted the Pasuk "Melech ba'Mishpat Ya'amid Aretz, ve'Ish Terumos Yaharsenah" to mean - that if a Dayan is financially independent, like a king, he keeps the world going with his rulings; if he is not, he destroys it.

8)
(a) Yehudah bar Nachmeini was the Meturgeman (translator) of - Resh Lakish.

(b) When he read out the Pasuk "Hoy Omer la'Eitz Hakitzah, Uri la'Even Domem ... " he was referring to - the unworthy judge appointed by the Beis ha'Nasi.

(c) He Darshened from the Pasuk "va'Hashem be'Heichal Kodsho, Has Mipanav Kol ha'Aretz" - that those who appointed such a Dayan, stands to be Divinely punished.

9)
(a) Resh Lakish Darshened from the juxtaposition of the Pesukim "Shoftim ve'Shotrim Titen Lecha" ... and "Lo Sita Lecha Asheirah Kol Eitz (Eitzel Mizbach Hashem)" - that appointing unworthy judges is comparable to planting an Asheirah (an idol-tree).

(b) This latter Pasuk has to do with a Dayan - inasmuch as the Torah has already compared a person to a tree, when it writes in Shoftim "Ki ha'Adam Eitz ha'Sadeh".

(c) The Torah writes there "Elohei Chasef v'Elohei Zahav Lo Sa'asu Lachem" - strange, because it implies that wooden idols are permitted.

(d) Rav Ashi resolves this problem, by establishing the Pasuk in connection with the appointment of judges who are unworthy, simultaneously explaining the words "Eitzel Mizbach Hashem" - by adding to Resh Lakish's statement, that in a town where Talmidei-Chachamim reside, it is as if he planted an Asheirah beside the Mizbe'ach.

10)
(a) When Rav would enter the Beis-Din, he would declare - 'Of my own free-will I am going to my death, instead of seeing to the needs of my household (with reference to the World to Come). He will arrive there empty-handed. I wish that I would arrive there in the same state (of sinlessness) as I left'.

(b) What prompted ...

1. ... him to recite the Pasuk "Im Ya'aleh ha'Shamayim Si'o ... ki'Gelalo la'Netzach Ye'aved" - was the fact that crowds of people were following him.
2. ... Mar Zutra Chasida to recite the Pasuk "Ki Lo Le'olam Chosen, ve'Im Neizer le'Dor va'Dor" - was the people carrying him to the D'rashah on the Shabbos of thirty days before Yom-Tov, when he Darshen about Hilchos Yom'Tov and answer questions concerning Yom-Tov.
(c) bar Kapara Darshened from the juxtaposition of the Pesukim "ve'Lo Sa'aleh be'Ma'alos al Mizbechi" and "ve'Eileh ha'Mishpatim Asher Tasim Li'fneihem" - the principle (cited in Pirkei Avos) 'Be meticulous in judgment'.
11)
(a) Rebbi Elazar learns from the same juxtaposition that even the judges should avoid walking over the heads of the people as they go to their places during the Rosh Yeshivah's D'rashah.

(b) And Rebbi Yirmiyah or Rebbi Chiya bar Aba learns from the Torah's use of the word "Asher *Tasim* Lifneihem", rather than "Asher Telamdeim" - that the Dayanim should make a point of having the 'tools' handy when judging?

(c) These referred to a stick (to deliver Makas Mardus), a strap (for Malkos d'Oraysa), a Shofar (to place someone in Cherem) and a Sandel (for Chalitzah).

(d) Rav Huna referred to them as - his shop-tools.

12)
(a) The Pasuk in Devarim writes "va'Atzaveh es Shofteichem ba'Eis Ha'hi ... ". What are the connotations of "va'Atzaveh"?

(b) Rebbi Yochanan interpret this warning - with regard to the four tools mentioned earlier, which the Dayan must use to instill the fear of Din into the people, but only Le'shem Shamayim (not for his own honor).

(c) Rebbi Chanina extrapolates from the Pasuk there "Shamo'a Bein Acheichem u'Shefat'tem Tzedek" - that the judge may not listen to the arguments of one litigant before the second litigant has arrived.

(d) He also extends the prohibition to the litigants. To derive ...

1. ... the same thing, he amends the word "Shamo'a" to "Shama", implying 'Make heard your words, but only when you are both there'.
2. ... Rav Kahana amends the word "Lo Sisa Sheima Shav" (Mishpatim) to "Lo Sasi", implying 'Do not say false words that will cause others to accept them'.
13)
(a) Resh Lakish learns from the Pasuk "u'Shefat'tem Tzedek" - that a judge should first clarify the Halachah before issuing a ruling.

(b) Rav Yehudah learns from ...

1. ... "Bein Ish u'Vein Achiv - that if two brothers inherited a two-story house, the Dayan is obligated to make an equal division, which entails assessing the value of each of the two stories, and that the one who receives the better portion should pay the difference.
2. ... "u'Vein Geiro" - that if two partners ask Beis-Din to divide a Tanur and a Kirah, the one who receives the former (which costs more than the latter) pays the difference.
(c) According to Rebbi Yehudah, "Lo Sakiru Panim ba'Mishpat" refers to favoring a litigant who is a good friend of the judge. Rebbi Elazar interprets it - with reference to giving a raw deal to the litigant whom he hates.
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