Gemara Clarity

Sanhedrin 36b

סנהדרין ל״ו ע״ב

Learn Sanhedrin 36b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 36b in Gemara Clarity

Topic

The differences between דיני ממונות and דיני נפשות (including שור הנסקל), who may serve as a judge, and how the סנהדרין was arranged.

Overview

The amud opens by finishing a discussion about רב's rule: it applies to students like רב כהנא and רב אסי. Next, רבי אבהו teaches that an ox judged for stoning (שור הנסקל) gets none of the special capital-case rules except a court of twenty-three. רב אחא בר פפא learns this from the פסוק 'do not tilt the judgment of your poor.' The גמרא then checks the count of ten differences, finds only nine in the משנה, and supplies a tenth from a ברייתא: judges who may lack mercy are not seated on the סנהדרין. For a מסית the reverse applies. The גמרא then explains that 'all are fit' to judge money cases includes both a גר and a ממזר, and why both had to be taught. Next it finds sources for why capital-case judges need a clean family line and a whole body. Finally a new משנה describes the סנהדרין sitting in a half circle with scribes recording the judges' opinions.

Opening lines

כִּי קָאָמַר רַב,

When Rav said [his rule],

כְּגוֹן רַב כָּהֲנָא וְרַב אַסִּי,

[he meant students] such as Rav Kahana and Rav Asi,

דְּלִגְמָרֵיהּ דְּרַב הֲווֹ צְרִיכִי,

who needed Rav's traditions,

וְלִסְבָרֵיהּ דְּרַב לָא הֲווֹ צְרִיכִי.

but did not need Rav's reasoning.

The steps (24)

  1. ResolutionWhich students רב's rule is talking about
  2. StatementThe ten differences do not apply to an ox that is to be stoned
  3. QuestionAsking for the source
  4. ResponseThe source: do not tilt the judgment of your poor
  5. ChallengeTen? There are only nine
  6. ChallengeBut the משנה itself lists ten
  7. ResolutionTwo items in the list count as one
  8. ResolutionThe tenth difference: no judges who may lack mercy
  9. StatementThe opposite rule for one who entices to idolatry
  10. QuestionWhat does 'all' come to include?
  11. Responseרב יהודה: it includes a ממזר
  12. ChallengeBut we already learned this in a ברייתא
  13. ResolutionOne source includes a גר, the other a ממזר
  14. ConclusionWhy both the גר and the ממזר had to be taught
  15. QuestionWhy can't everyone judge capital cases?
  16. ResponseThe court must be clean of every flaw
  17. ProofThe verse: 'There is no blemish in you'
  18. ChallengeMaybe it means a physical defect
  19. ResolutionPhysical defects come from a different verse
  20. RejectionMaybe that was only because of the שכינה
  21. ResolutionA better verse: 'They shall bear it with you'
  22. StatementThe סנהדרין sat in a half circle
  23. StatementTwo scribes record the judges' opinions
  24. Statementרבי יהודה: there were three scribes