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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