Sanhedrin 72a

סנהדרין ע״ב ע״א

Learn Sanhedrin 72a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Sanhedrin 72a in Gemara Clarity

Topic

Being judged by one's end: the בן סורר ומורה and the burglar (בא במחתרת), and whether a burglar must pay for or return what he took

Overview

The גמרא opens with a ברייתא from רבי יוסי הגלילי. He explains that a בן סורר ומורה is not punished for one meal; the Torah sees that his path will lead to robbery, so it is better that he die innocent. A new משנה teaches that a burglar who tunnels in (הבא במחתרת) is also judged by his likely end, and that he pays for a barrel he breaks only if killing him would be forbidden. רבא explains that a burglar expects the owner to defend his money and is ready to kill him, so the owner may kill him first. רב rules that such a burglar keeps the vessels he took, because he 'acquired them with his blood.' רבא first limits this to broken items, then admits רב meant even items that still exist, and explains why he himself disagrees: paying for accidents is not ownership, just like a borrower. The גמרא challenges רב from the משנה's wording, which stays a קשיא. It challenges רבא from a ברייתא about stealing a purse on שבת, and answers it. A story shows רבא refusing to take back his own stolen rams out of respect for רב's ruling. Finally, two ברייתות read 'if the sun has risen upon him' in opposite ways for a homeowner who is unsure of the burglar's intent; the answer begins at the end of the amud and continues on the next amud.

Opening lines

The steps (27)

1. QuestionIs he really stoned just for one meal?
2. ResponseThe Torah sees where his path will end
3. StatementBetter to die innocent than guilty
4. StatementMore things that help or hurt the wicked and the righteous
5. StatementThe burglar is judged by his end
6. StatementThe burglar who breaks a barrel
7. Questionרבא asks why a burglar may be killed
8. ResponseA person defends his money, so the burglar plans to kill
9. Statementרב: The tunneling burglar who took vessels is exempt
10. Statementרבא limits רב to broken items
11. RejectionNo! רב said it even when he simply took the vessels
12. ProofProof: the stolen items count as in the burglar's possession
13. RejectionRejected: liability for accidents is not ownership, like a borrower
14. ChallengeChallenge to רב from the משנה about the barrel
15. ResolutionThe משנה's 'broke' teaches the opposite case
16. ChallengeWhy teach this? He is obviously a damager
17. ResolutionLiable even when he broke it by accident
18. ChallengeWe already know a person is always liable
19. ConclusionThe difficulty stays unanswered
20. ChallengeStealing a purse on שבת: liable
21. ChallengeDragging the purse out: exempt
22. ResolutionThe ברייתא is talking about a purse thrown into a river
23. Statementרבא refuses to take back his stolen rams
24. StatementFirst ברייתא: the 'sun' means clear knowledge, and if unsure do not kill
25. StatementSecond ברייתא: if unsure, you may kill him
26. ChallengeThe two ברייתות contradict each other in the unclear case
27. ResolutionThe גמרא begins to answer the contradiction