Zichru Daf Simanim
Sanhedrin - Daf 66
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  • אזהרה for cursing a parent

The Mishnah states: המקלל אביו ואמו – one who curses his father or mother אינו חייב עד שיקללם בשם – is not liable unless he curses them with [Hashem’s] Name. A Baraisa asks for the אזהרה for cursing a parent. If his father was a judge or a נשיא – leader, cursing him is forbidden through one of those explicit prohibitions. The Baraisa suggests deriving the אזהרה for cursing an ordinary father from a צד השוה – common characteristic between these two: cursing either is uniquely severe, because you are commanded regarding הוראתו –the rulings [of a judge], and המראתו – rebelling against [a נשיא]. Their common characteristic is שהן בעמך ואתה מוזהר על קללתן – that they are in your nation and you are prohibited from cursing them. However, ordinary people cannot be derived from them, שכן גדולתן גרמה להן – because their elevated status caused them to be forbidden to curse. They also cannot be derived from the prohibition against cursing a חרש – deaf person, the אומללים שבעמך – feeble ones of your nation, because his deafness caused his law. They cannot even be derived from a צד השוה between all three, שכן משונין – because they are different from ordinary people. The Baraisa concludes that the Torah did not have to write either a נשיא or a judge, because it could be derived from the other two. It was written to forbid cursing any father.

  • Machlokes if adultery with קטנה מאורסה is subject to סקילה

The next Mishnah states: הבא על נערה המאורסה – one who has relations with a naarah arusah, אינו חייב עד שתהא נערה בתולה מאורסה – is not liable  for stoning unless she is a naarah (within six months after reaching physical maturity), a virgin, and an arusah (after kiddushin, but before nisuin), והיא בבית אביה – and she is still in her father’s home (i.e., he did not send her to the husband’s house for nisuin).

Rav says this Mishnah reflects the view of Rebbe Meir, who holds סקילה only applies to adultery with a נערה, but the Chochomim say about the phrase "נערה המאורסה", that אפילו קטנה במשמע – even a minor is implied, and only a בוגרת (the stage after נערות) is excluded. Rav Acha miDifti asked Ravina that perhaps the Mishnah only means to exclude a בוגרת, and reflects the Rabbonon’s view? Ravina responded that if so, the Mishnah would have said one is only liable "על נערה" – for relations with a naarah; since it states one is not liable "עד שתהא נערה", which means until she is a naarah, it means to also exclude a קטנה.

  • If an adulterer with a קטנה receives חנק or is exempt, according to Rebbe Meir

Rebbe Yaakov bar Ada asked Rav, according to Rebbe Meir that an adulterer with a קטנה arusah is excluded from סקילה, is he excluded לגמרי – completely from any death penalty, or is he only excluded from סקילה? Rav answered: מסתברא מסקילה ממעט ליה – it is logical that he is only excluded from סקילה, but receives the standard חנק. Rebbe Yaakov bar Ada protested that the passuk says about adultery punished by חנק: "ומתו גם שניהם" – both of them shall die, implying: עד שיהו שניהן שוין – neither is punished unless they are both equal in being punished. Since she is exempt (as a קטנה), the adulterer should also be exempt!? Rav was silent. Shmuel wondered why he was silent, since he could have responded with a different passuk: ומת האיש אשר שכב עמה לבדו – the man who lay with her alone shall die, indicating that even if she is exempt, the adulterer is still executed. These two sides reflect a machlokes Tannaim, where Rebbe Yoshiyah requires both parties to be adults for חנק, and Rebbe Yonasan says the adulterer can receive חנק even if she is a minor. The Gemara explains how each Tanna darshens the other passuk.

Siman – Tailor (Sew). The tailor who pricked his finger with a needle as he sewed a label with a warning not to curse one’s parents, since he couldn’t find the אזהרה, had his קטנה מאורסה daughter who wasn’t executed for adultery bring him a band aid while her adulterer got חנק outside with a long white scarf he had sewn.

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.