Question: This is difficult, as in Makos (12a) we derive this from a different Pasuk! The Gemara asks, how do we know that if Sanhedrin saw a person kill someone else that they may not kill him until he is tried in Beis Din? The Pasuk, "Until he stands before the judges for judgment" teaches this lesson.

Answer: The main derivation is indeed from the Pasuk quoted in Sanhedrin (ibid.). The Pasuk here is necessary so that we should not derive from there to other laws that a different Beis Din would be necessary. Capital cases are different, as the Torah states, "And the judges will save" (implying the judges have to have a shot at acquittal).

Observation: However, the same law applies regarding a person who hits his friend, as is apparent from the Gemara in Bava Kama (90b).

Observation (cont.): Regarding a witness becoming a judge there are various differences in law, as we have explained in Kesuvos (21b, DH "Hanach"). This is because regarding testimony of the new moon a witness who sees it may become a judge. Regarding ratifying the witnesses on a document, even a witness who testified can be a judge. Regarding capital cases, even a witness may not be a judge.

Implied Question: The Mishnah does not say, "besides the horn of a Re'aim" even though a Re'aim's horns are also called "Keren," as the Pasuk states, "v'Karnei Re'aim Karnav" and "u'mi'Karnei Re'aim Inisani." (Why didn't the Mishnah exclude a Re'aim as it excluded a cow?)

Answer: Perhaps a Re'aim's horns are not hollow anyway, and therefore they are not practically fit to be a Shofar.

Question: This is difficult, as the Rebbi Yosi should have quoted the Pasuk regarding Yitzchak (that the ram was stuck), "in the brush by its horns (Karnav)." Even though that Pasuk is when it was alive, we see the Gemara brings other Pesukim when the animal was alive, such as "Bechor Shoro Hadar Lo v'Karnei Re'aim Karnav."

Answer: Rebbi Yosi would rather quote this because this very Pasuk mentions, "Shofar" as well.

Explanation: They are called a Keren as we have stated, and they are called a Shofar, as the Pasuk states, "when the Yovel will sound" and it says, "va'Yehi Kol ha'Shofar" (implying the Yovel and the Shofar are the same thing).

Question: Some ask why he does not quote the Pasuk quoted in the Mishnah, 'b'Meshoch b'Keren ha'Yovel b'Shamachem Kol ha'Shofar" to prove that all Shofaros are called a Shofar.

Answer #1: This is a silly question and it is easy to understand that, on the contrary, this Pasuk proves that a Shofar is called a Keren.

Answer #2: Additionally, there is no proof from here that Shofaros are generally called Shofar.

Explanation: Regarding a Shofar, one is adorned with the sound of its voice.

Question: This is difficult, as the Eifod and Shulchan are also to remember, as stated in the Pasuk!

Answer: The (Tosfos ha'Rosh - names of the) Shevatim are the remembrance (not the Eifod itself).

Implied Question: This is unlike putting a Shofar inside another Shofar, as explained by Rashi. (Why?)

Answer: This is because the edge of the second Shofar is added onto the opening of the first Shofar, and the sound that comes out comes out of (the length of) both of them together (as opposed to coming out of the length of one Shofar with other Shofars around it).

Observation: The difference is as we derive in Sotah (42a), "because the congregation of a flatterer is a Galmud."

Observation: The practical difference is regarding a Zav, as the Gemara states in Yoma (18a), "We do not give certain types of food to a Zav that will easily cause him to become impure, such as Chaluglogos."

Explanation #1: Rashi explains that this refers to an undomesticated animal know as an Ishtanbuk.

Explanation #2: The Aruch explains that this is a female sheep, and its horn is normally straight.

Proof: Rashi's explanation appears to be correct, as a Yael is an undomesticated animal. This is as the Pasuk states, "tall mountains for the Yaelim." (Additionally) The Targum translates "v'Ako v'Dishon" as "v'Yaela v'Rama."

Observation: It would seem that it is a Mitzvah to take the straight Shofar of a Yael, as implied in the Gemara that it is better to have a straighter Shofar because of the Pasuk, "We should raise our hearts to our palms."

Observation (cont.): However, this is not the Halachah. Rather, the law follows the opinion of Rebbi Yehudah who says that on Rosh Hashanah we should use the bent Shofar of a male animal, meaning a male ram. Rebbi Levi holds this way in the Gemara as well, as he says that it is a Mitzvah to use bent Shofaros on Rosh Hashanah and Yom Kippur. This is because he understands that the more a person "bends himself" before Hash-m the better, as the Pasuk states, "And my eyes and heart are there."

Proof: This is also as per the statement of Rebbi Avahu who says (16a), why do we blow a ram's horn? Hash-m says, "Blow before Me with a Shofar of a ram, so that I should remember for you Akeidas Yitzchak (i.e. to serve as a merit for you)."

Opinion #1: However, it seems that they only argue Lechatchilah. Everyone agrees that one fulfills his obligation b'Dieved whether he uses a ram's horn or the horn of a Yael, as the Mishnah says that all Shofaros are valid besides that of a cow.

Opinion #1 (cont.): If one cannot find a ram's horn, he fulfills his obligation with a sheep or goat horn.

Proof #1: It is clear that they only argue regarding the best way to perform the Mitzvah, as Rebbi Levi says, "Mitzvah."

Proof #2: Additionally, does it say in the Pesukim "straight" or "bent?!" It merely says, "You should pass the (sound of the) Shofar" regarding Yovel, and we derive Rosh Hashanah from it. Since they are all called Shofaros besides the horn of a cow, why wouldn't one fulfill his obligation with them?

Observation: It is also implied that the argument between the Rabbanan and Rebbi Yosi is a separate argument from the argument between Rebbi Yehudah and the Rabbanan. It is not one argument.

Observation (cont.): If you say it is the same argument, the Tana Kama holds that everything is valid whether for Rosh Hashanah, Yom Kippur, or Ma'amados besides for the horn of a cow. Rebbi Yosi holds one may even use the horn of a cow. The Rabbanan who argue on Rebbi Yehudah hold that one should use the horn of a Yael on Rosh Hashanah and Yom Kippur, and the horn of a male animal on fast days. Rebbi Yehudah says on Rosh Hashanah use the horns of males, and on Yovel use the horns of Yaels.

Question: However, the following is slightly difficult. Rebbi Levi is of the opinion that it is a Mitzvah to use bent Shofaros on Rosh Hashanah and Yom Kippur because he derives a Gezeirah Shaveh from Rosh Hashanah to Yom Kippur of "Shevi'i - Shevi'i," as stated later (34a). This is also as the Mishnah states later that Yovel is similar to Rosh Hashanah regarding Tekios.

Question (cont.): If the reason is due to a Mitzvah in general, as we say that it is better for people to be as bent as possible (before Hash-m), this is specifically on Rosh Hashanah where the Tekiah is for prayer and remembrance. However, the Shofar blowing of Yovel is only to indicate that the servants should be sent away and that the fields should be returned to their original owners.

Opinion #2: It therefore seems to me that the opinion that one only fulfills his obligation with a bent Shofar holds that it must be bent, otherwise one does not fulfill his obligation. We derive Yovel from here (i.e. the Shofar that is used on Rosh Hashanah).

Explanation: They had two Shofaros, one on this side and one on the other side, in order that the Chatzotzros should be in the middle because the Mitzvah of the day was with Chatzotzros.

Opinion #1: Rebbi Yehudah does not hold that Yovel is like Rosh Hashanah.

Opinion (cont.): We do not require a Shofar on Rosh Hashanah because we derive from Yovel that it is necessary. Rather, the source for this is the derivation of the Tana later (34a) from the Pasuk, "Tiku b'Chodesh Shofar."

Implied Question: However, this Tana also derives Rosh Hashanah from Yovel using a Gezeirah Shaveh, as we say that three "Teruos" were stated in the Pasuk regarding Rosh Hashanah. He quotes the Pasuk, "v'Ha'avarta Shofar Teruah," stated by Yovel. He also derives that the Shofar blasts must be during the day and not at night, as stated there.

Implied Question (cont.): He still requires the Pasuk, "Tiku b'Chodesh Shofar" (to teach that a Shofar is needed on Rosh Hashanah). (Why does the Tana require this Pasuk for this lesson if he has a Gezeirah Shaveh from Yovel?)

Answer: This is because he also derives Rosh Hashanah from the Midbar, and one would therefore think that one should use Chatzotzros as they used in the Midbar.

Opinion #2: It therefore seems that Rebbi Yehudah admits that Yovel is like Rosh Hashanah. However, regarding this particular topic (what to use to blow) he holds that they cannot be compared in order to make the Shofar of Yovel be from a male animal as it is on Rosh Hashanah.

Opinion #2 (cont.): The reason regarding Rosh Hashanah is logical, that it is preferable for a person to be as bent as possible before Hash-m on Rosh Hashanah as it is the day of judgment. It is also in order to remember the Akeidah. However, for Yovel, which is a time of setting slaves free and having fields go back to their owners, there is no need for a Shofar to be used. Even though Rebbi Levi uses the Gezeirah Shaveh to teach that Yovel requires a Shofar, Rebbi Yehudah argues this point, and that is the crux of their argument.