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Sanhedrin 17a

סנהדרין י״ז ע״א

Learn Sanhedrin 17a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 17a in Gemara Clarity

Topic

How many judges sit on the סנהדרי גדולה; the story of אלדד ומידד; how a majority of two can arise; and rules and qualifications for the סנהדרין

Overview

The amud finishes the מחלוקת over whether the סנהדרי גדולה has 71 judges (the רבנן, who count משה with the seventy) or 70 (רבי יהודה, who reads each 'with you' differently). A ברייתא then tells the story of אלדד ומידד, who 'remained in the camp'. One view says their names were left in the lottery box. The ברייתא explains משה's lottery and compares it to a similar lottery for the extra בכורות. רבי שמעון says instead that they stayed behind out of humility, and their reward was prophecy that never stopped. The גמרא lists three views on what they prophesied and tests each one against what יהושע and משה said in the פסוקים. It then returns to the משנה's count of 23 judges and asks how a majority of exactly two can ever happen. רבי אבהו answers that it happens once judges are added, or in a court of seventy. The amud ends with rules for the סנהדרין: a unanimous guilty vote frees the defendant, and judges need special qualities and very sharp reasoning. רב begins to show how a שרץ could be argued pure, and the argument itself comes on the next amud.

Opening lines

עִמָּךְ״,

"...with you" (במדבר 11:16).

״עִמָּךְ״ – וְאַתְּ בַּהֲדַיְיהוּ.

"With you" means: and you are together with them.

וְרַבִּי יְהוּדָה:

And רבי יהודה?

״עִמָּךְ״ מִשּׁוּם שְׁכִינָה.

"With you" is said because of the Divine Presence.

The steps (40)

  1. ProofThe Rabbis count משה together with the seventy
  2. Rejectionרבי יהודה: 'with you' is about the שכינה
  3. ProofThe Rabbis bring a second 'with you'
  4. Rejectionרבי יהודה: 'with you' means 'like you'
  5. ResolutionThe Rabbis learn 'similar to you' from a different פסוק
  6. StatementThe two men who remained in the camp
  7. Statementמשה's problem: seventy does not divide evenly among twelve tribes
  8. ResponseThe lottery with two blank slips
  9. StatementA similar problem: which firstborns must pay five shekels
  10. ResponseThe lottery for the firstborns
  11. Statementרבי שמעון: They stayed in the camp out of humility
  12. QuestionWhat extra greatness did they get?
  13. ResponseTheir prophecy never stopped
  14. QuestionWhat did they prophesy?
  15. ResponseFirst view: משה will die and יהושע will lead
  16. ResponseSecond view: the quail
  17. ResponseThird view: גוג ומגוג, with a פסוק
  18. ProofReading 'years' as 'two'
  19. QuestionHow do we know the others stopped?
  20. ResponseSuggested source: 'ולא יספו'
  21. Rejection'ולא יסף' at הר סיני means it did not stop
  22. ResponseA new source: the seventy stopped, but אלדד ומידד kept going
  23. ChallengeWhy did יהושע want them imprisoned, if they didn't say משה would die?
  24. ResolutionProphesying near משה was disrespectful
  25. ChallengeWould משה wish everyone prophesied his death?
  26. Resolutionמשה didn't hear what they said
  27. QuestionWhat does 'כלאם' mean?
  28. ResponseKeep them busy with community needs
  29. StatementQuoting the משנה: Where do the three extra judges come from?
  30. ChallengeA majority of exactly two is impossible with twenty-three judges
  31. Resolutionרבי אבהו: It happens when judges are added, or in a court of seventy
  32. Statementרבי אבהו: After adding judges, the court is even-numbered from the start
  33. ChallengeIsn't that obvious?
  34. ResolutionA judge who said 'I don't know' counts as gone
  35. Statementרב כהנא: If every judge convicts, the defendant goes free
  36. QuestionWhat is the reason?
  37. ResponseThe overnight delay exists to find merit, and these judges will find none
  38. Statementרבי יוחנן's list of qualities for a סנהדרין judge
  39. StatementA judge must be able to argue that a שרץ is pure
  40. Statementרב says he can make the argument himself