Zichru Daf Simanim
Sanhedrin - Daf 35
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  • דיני נפשות cannot be judged on Erev Shabbos, because of the הלנת דין requirement

The Mishnah on Daf 32a taught that although דיני נפשות can be concluded for acquittal that same day, a defendant can only be convicted on the following day. Therefore, they cannot be judged on Erev Shabbos or Erev Yom Tov. The Gemara explains why: they cannot give a verdict on Friday, since they may decide to convict, ובעו למיעבד הלנת דין – and will be required to delay the judgement overnight. They cannot convict and execute him on Shabbos, because execution does not override Shabbos, as the Gemara will explain. They cannot execute him on מוצאי שבת, because executions are only performed by day. If they would delay his execution to Sunday, נמצא אתה מענה את דינו – it emerges you are causing him anguish in [delaying] his judgement, which is prohibited. They cannot judge him on Friday and reach a verdict on Sunday, because the judges may forget their arguments from Friday. Although every judge’s initial position and reason is recorded, נהי דבפומא כתבין – although their words are recorded, ליבא דאינשי אינשי – the full reasoning of a person’s heart is not recorded and may be forgotten.

  • Why burying a מת מצוה is not דוחה Shabbos, despite a kal vachomer that it should

Reish Lakish asked Rebbe Yochanan: ותהא קבורת מת מצוה דוחה שבת מקל וחומר – The burial of a מת מצוה (a dead body with no one to bury it) should override Shabbos prohibitions, based on a kal vachomer: עבודה – service of korbanos overrides Shabbos (i.e., that day’s korbanos are brought on Shabbos), yet burying a מת מצוה overrides עבודה. The superfluous word "ולאחותו" (written by nazir) teaches that even a Kohen Gadol who is a nazir, who was going to shecht his korban pesach, must become tamei to bury a מת מצוה, disqualifying him from bringing his korban pesach. Therefore, Shabbos, which is overridden by עבודה, should certainly be overridden by the requirement to bury a מת מצוה!? Rebbe Yochanan answered: רציחה תוכיח – [the mitzvah of] execution proves that this reasoning is incorrect, שדוחה את העבודה ואינה דוחה את השבת – because it overrides עבודה, yet it does not override Shabbos. The Torah teaches that a Kohen who murdered someone, who is prepared to do עבודה, is taken from the מזבח for judgement. Still, execution does not override Shabbos, as the Gemara will explain. Therefore, burying a מת מצוה also does not override Shabbos, despite overriding עבודה.

  • The source that מיתת בית דין is not carried out on Shabbos

The Gemara challenges Rebbe Yochanan’s statement that execution does not override Shabbos, because a kal vachomer should prove that it does: if עבודה, which is able to override Shabbos, is still overridden by רציחה, then Shabbos, which is overridden by עבודה, should certainly be overridden by רציחה!? Rava quotes a Baraisa from Rebbe Yishmael’s Yeshivah about the passuk "לא תבערו אש" – you shall not kindle a fire (on Shabbos), which uses the term "מושבות" – in all your “dwellings,” which usually teaches to apply a law even outside Eretz Yisroel. But since Shabbos is a חובת הגוף – a personal obligation, it applies everywhere anyway; why did the Torah need to write "מושבות"? The Baraisa answers that we would not know if the mitzvah of execution applies even on Shabbos, and the prohibition of Shabbos only applies to other melachos, or if Shabbos prohibits even execution, and it can only be performed during the week. To this, the Torah said, “You shall not kindle a fire in all of your מושבות – dwellings,” a term which is also used regarding Beis Din, teaching that even executions are prohibited on Shabbos.

Siman – Children’s choir singing “La-la-la”. The judge conducting the children’s choir erev Shabbos since he was off from work because דיני נפשות cases cannot be judged then, had the boys sing the uplifting “Not דוחה שבת” song, as one boy lay on the ground pretending to be a מת מצוה while another boy behind bars waiting to be executed sang the לא" תבערו אש בכל מושבותיכם” stanza as a solo.

Rabbi Avraham Goldhar

Rabbi Avraham Goldhar has been designing and teaching Jewish literacy courses for over thirty years. His knowledge frameworks for Biblical mastery, Jewish History, Talmudic Law & Jewish Holidays enable students of all backgrounds to better integrate Jewish concepts and learn systematically. After serving as the Educational Director of Aish HaTorah New York, Avraham launched GoldharSchool.com, Home of Big Picture Jewish Education, featuring Jewish literacy content for schools and individuals. He is the developer of the Goldhar Method, a revolutionary learning system that integrates memory into the learning process and has trained over 80,000 students, teachers and professionals. He lectures internationally on the topic of academic mastery and the solutions required to raise the bar in education. Avraham learned in Aish HaTorah, Mir, and Chaim Berlin and received his ordination under the tutelage of Rabbi Yitzchok Berkovits in Jerusalem.