Zichru Daf Simanim
Sanhedrin - Daf 57
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  • A בן נח is killed for stealing פחות משוה פרוטה

A Baraisa defines the prohibition of theft for a בן נח: stealing, robbery, or taking a married יפת תואר, וכן כיוצא בהן – and anything similar to these types of theft, are forbidden for a כותי (whom this Baraisa considers a gentile) to do against another כותי, or against a Yisroel (and they are executed for doing so). But a Yisroel is permitted to do so against a כותי. The Gemara asks what is “similar to robbery,” and Rav Pappa says it means stealing something פחות משוה פרוטה – less than a perutah’s value. The Gemara asks why a כותי is prohibited from stealing less than a שוה פרוטה from a Yisroel, since a Yisroel forgives such a small loss!? It answers: נהי דבתר הכי מחיל ליה – granted that he forgives this loss afterwards, צערא בשעתיה מי לית ליה – but did he not have distress at the time [of the robbery]? Therefore, a כותי is even liable for stealing something פחות משוה פרוטה. [Even a Yisroel is prohibited from stealing this minimal amount from another Yisroel, but is not obligated to repay it, since the victim forgives the loss. A כותי, however, is executed for any transgression.]

  • A בן נח is executed with a single judge and witness, and is executed for killing even a fetus

Rav Yaakov bar Acha found written in the book of Aggada of Rav’s Yeshiva: בן נח נהרג בדיין אחד – a בן נח is executed by one judge, ובעד אחד – and based on one witness’s testimony, שלא בהתראה – and even for a transgression without prior warning.  The judge and witness must be men, but can be his relatives. Rebbe Yishmael was quoted saying: אף על העוברין – a בן נח is executed even for killing fetuses, although a Yisroel is only executed for killing a baby after birth. Rav Yehudah explains the sources for the requirements of the judge and witness. Rebbe Yishmael’s source is the passuk: שפך דם האדם "באדם" דמו ישפך – whoever spills man’s blood, by man his blood shall be spilled. He interprets this as “whoever spills the blood of a man (who is) "באדם" – inside a man.” איזהו אדם שהוא באדם – Which is the man who is inside another man? This must mean עובר שבמעי אמו – a fetus inside its mother’s womb.

  • A בן נח who has relations with a Jewish נערה המאורסה is killed with סקילה

A Baraisa darshens "איש איש" – any man (written by עריות) לרבות את הכותים שמוזהרין על העריות כישראל – to include כותים (i.e., gentiles), that they are warned against גילוי עריות like a Yisroel. Since there is already a source prohibiting עריות to a בן נח, this derashah refers to “our” עריות, meaning adultery with a married Jewish woman. As that Baraisa concludes, if he had relations with עריות of a Yisroel,נידון בדיני ישראל – he is judged according to a Yisroel’s laws. This cannot be requiring twenty-three judges, two witnesses, and התראה, since it is impossible that his adultery with a Jewish woman would be less severe than with a כותית. Therefore, Rebbe Yochanan explains that it refers to adultery with a Jewish נערה המאורסה. Since an adulterer with a married בת נח is only killed if her marriage was completed, his adultery with a Jewish נערה המאורסה is judged according to Jewish law, and he is killed with סקילה.

Similarly, his adultery with a Jewish woman שנכנסה לחופה ולא נבעלה – who entered the chuppah but did not have relations with her husband, which is also not liable regarding wives of בני נח, would incur חנק (like a Yisroel), not the standard סייף penalty of a בן נח.

Siman – Nose. The כותי who stole a keychain doll with a long nose worth less than a perutah, and was sentenced to be executed by a single judge and witness with long noses, warned his friend theכותי to stay away from the Jewish נערה המאורסה if he doesn’t want סקילה.

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.