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Sanhedrin 72b

סנהדרין ע״ב ע״ב

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

Open Sanhedrin 72b in Gemara Clarity

Topic

The burglar (בא במחתרת) and the רודף: when they may be killed, and whether a warning is needed

Overview

This amud is about the burglar who breaks into a house (בא במחתרת) and about the רודף, someone chasing another person to kill him. First the גמרא settles a contradiction: a father breaking into his son's house may not be killed, but a son breaking into his father's house may be. רב adds that he would kill any burglar except רב חנינא בר שילא, who loves him like a father loves a son. A ברייתא teaches that the burglar rules apply on שבת too, and רב ששת explains that we must even dig out a protected burglar from rubble on שבת. Another ברייתא teaches that anyone may kill the burglar, by any method. The גמרא explains why this could not be learned from רוצח, using the rule that two verses which come as one do not teach other cases. Two ברייתות agree that the burglar law applies anywhere on the property, but disagree about the word מחתרת: one says it is just the common case, and the other says breaking in is his warning (התראה). Finally, רב הונא rules that even a קטן who is a רודף may be killed, since a רודף needs no warning. The גמרא defends him against challenges and attempted proofs, ending with two answers that keep his ruling standing.

Opening lines

כָּאן – בְּאָב עַל הַבֵּן,

Here, it is about a father breaking in on his son,

כָּאן – בְּבֵן עַל הָאָב.

there, it is about a son breaking in on his father.

אָמַר רַב:

Rav said:

כֹּל דְּאָתֵי עֲלַאי בְּמַחְתַּרְתָּא –

Anyone who comes in on me through a break-in,

The steps (29)

  1. ResolutionFather breaking in versus son breaking in
  2. Statementרב would kill any burglar except one man
  3. QuestionWhy the exception?
  4. RejectionNot because he is righteous
  5. ResponseHe loves me like a father loves a son
  6. StatementBoth burglar rules apply on weekdays and on שבת
  7. ChallengeWhy the שבת clause makes sense for 'no blood'
  8. ChallengeWhy mention שבת for 'he has blood'?
  9. ResolutionWe must dig the burglar out on שבת
  10. StatementAnyone may strike the burglar, in any way
  11. ChallengeWhy 'by any person' was needed
  12. ChallengeWhy do we need 'by any death'?
  13. ProofWe already know it from a murderer
  14. RejectionA murderer is different because the verse says 'מות יומת'
  15. ChallengeWhy not learn the burglar from the murderer?
  16. ResolutionTwo verses that come as one do not teach
  17. StatementThe burglar's law applies anywhere he is found
  18. QuestionThen why does the verse say 'breaking in'?
  19. ResponseThe verse speaks of the common case
  20. StatementA second ברייתא with the same opening
  21. ResponseBreaking in counts as his warning
  22. Statementרב הונא: even a child who chases to kill may be stopped with his life
  23. Challengeרב חסדא's challenge: a baby whose head has come out may not be harmed
  24. ResolutionThe answer: in birth, the danger comes from Heaven
  25. ProofA suggested proof for רב הונא from a ברייתא about warning a pursuer
  26. RejectionThe proof is rejected: the ברייתא follows רבי יוסי ברבי יהודה
  27. ChallengeA ברייתא that seems to require a warning for a רודף
  28. ResolutionThe warning is only for bringing him to court
  29. Resolutionרב הונא follows the תנא of מחתרת