1)

ACHAN'S TRANSGRESSIONS [line 2]

(a)

(R. Aba bar Zavda): "Chota Yisrael" - even if a Yisrael sinned, he is still called a Yisrael.

1.

People say 'a Hadas branch among Chilfa (an inferior type of Hadas) is still called Hadas.' (Ramah - Chilfa among Hadasim is called Hadas.)

(b)

(R. Ila'i): "V'Gam Ovru Es Brisi... v'Gam Lokchu Min ha'Cherem v'Am Gonvu v'Gam Kichashu v'Gam Simu vi'Chleihem" - it says 'Gam' five times to teach that Achan transgressed all five Chumashim.

(c)

(R. Ila'i): Achan pulled his foreskin to cover up his circumcision. It says here "v'Gam Avru Es Brisi", similar to "Es Brisi Hefar."

(d)

Question: R. Ila'i already taught that he transgressed all the Torah. Circumcision is included!

(e)

Answer: One might have thought that he did not go so far (to annul a Mitzvah on his body).

(f)

(R. Aba bar Zavda): "V'Chi Asa Nevalah b'Yisrael" teaches that he had Bi'ah with a Na'arah Me'orasah, about whom it says "Ki Osesa Nevalah b'Yisrael."

(g)

Objection: This is obvious (he transgressed the entire Torah)!

(h)

Answer: One might have thought that he did not go so far (a great sin to Hash-m, it also embarrasses her family and forbids her to her husband).

(i)

(Ravina): The verse teaches that his punishment was to be stoned, like one who had Bi'ah with a Na'arah Me'orasah.

(j)

Question (Reish Galusa): It says "va'Yikach Yehoshua Es Achan... v'Es ha'Kesef... v'Es Banav v'Es Benosav v'Es Shoro... v'Es Kol Asher Lo" - he sinned, why were his children killed?

1.

Counter-question (Rav Huna): It says also "v'Chol Yisrael Imo." Were all of Yisrael killed?!

(k)

Answer (to both questions - Rav Huna): His children and all of Yisrael were taken to see the execution, to instill in them fear of sin.

(l)

Question: "V'Yisrefu Osam ba'Esh va'Yiskelu Osam" - were they burned and stoned?!

(m)

Answer (Ravina): What was proper for burning (money and garments) was burned. What was proper for stoning (Achan and his animals) was stoned.

(n)

(Rav): "Va'Ere ba'Shalal Aderes Shin'ar Achas Tovah" - it was a cloak of clean white wool.

(o)

(Shmuel): It was dyed with alum.

2)

CRITICISM OF YEHOSHUA [line 34]

(a)

(Rav Nachman): "Va'Yatzikum Lifnei Hash-m" - Yehoshua cast the spoils on the ground, and asked if these were worthy to cause the majority of the Sanhedrin to die in the battle against Ai.

1.

(Beraisa - R. Yehudah): "Va'Yaku...ki'Shloshim v'Shishah Ish" - they killed 36 people.

2.

R. Nechemyah: It says "Ki'Shloshim v'Shishah (like 36)." Really, they killed Ya'ir ben Menasheh, who is equal to the majority of a Sanhedrin.

(b)

(Rav Nachman): "Tachanunim Yedaber Rash" refers to Moshe, who prayed in a soft voice for Yisrael;

1.

"V'Ashir Ya'aneh Azos" refers to Yehoshua, who spoke brazenly.

(c)

Question: What is the source to say so about Yehoshua?

1.

Suggestion: "Va'Yatzikum Lifnei Hash-m" - Rav Nachman taught that he cast the spoils on the ground...

2.

Rejection: Also Pinchas did so!

i.

(R. Elazar): "Va'Ya'amod Pinchas va'Yfalel." It does not say 'va'Yispalel', rather, "va'Yfalel", he was judging in front of Hash-m;

ii.

He cast Zimri and Kozbi on the ground, and asked if these were worthy to cause 24,000 Yisraelim to die in a plague.

(d)

Answer #1: He said "Lamah Ha'avarta Ha'avir Es ha'Am ha'Zeh."

(e)

Rejection: Moshe also said "Lamah Hare'osa la'Am ha'Zeh"!

(f)

Answer #2: He said "v'Lo Ho'alnu va'Neshev b'Ever ha'Yarden."

(g)

(R. Shila): "Va'Yomer Hash-m... Kum Lech" - your transgression is worse than theirs;

1.

Hash-m commanded to set up the stones (immediately) "b'Avrechem Es ha'Yarden", but you waited until you entered 60 Mil into the land.

(h)

(Rav): "Ka'aser Tvivah Hash-m Es Moshe... Ken Tzivah Moshe Es Yehoshua... Lo Hesir Davar mi'Kol Asher Tzivah Hash-m" (Yehoshua did not transgress)!

(i)

Question: Why did Hash-m say "Kum Lech"?

(j)

Answer: Yehoshua caused the problem (by forbidding the spoils of Yericho).

1.

It says about Ai "Ka'asher Asisa li'Richo...(but you will take the spoils and animals)."

(k)

When Yehoshua saw a Mal'ach in Yericho, he bowed to the ground.

(l)

Question: R. Yochanan taught that one may not greet someone with Shalom at night, for perhaps it is a Shed (all the more so, one should not bow down)!

(m)

Answer: The Mal'ach had said "Ani Sar Tzeva Hash-m", so he knew that it was not a Shed.

(n)

Question: Perhaps it lied!

(o)

Answer: Shedim do not say Hash-m's name in vain.

44b----------------------------------------44b
1.

The Mal'ach rebuked Yehoshua for neglecting to offer yesterday's afternoon Tamid, and for not learning Torah now.

2.

Yehoshua: Which of these prompted you to come?

3.

The Mal'ach: "Atah Vasi" (for your current neglect to learn). Harchev Davar (Bereishis 48:16) - after Chet ha'Egel, Hash-m said that He will send an angel; Moshe prayed that Hash-m Himself come, and Hash-m consented (Shemos 33:2-3, 16-17), for Moshe's lifetime. Yehoshua knew that now, the angel will be in place of Hash-m, He was unsure if the angel will supply our food, or protect from all evil. The angel answered, 'I came now' (against your enemy, which is a temporary need, and not to supply your food, which is a constant need. This is why he appeared like a Sar Tzeva!) Torah protects; due to Bitul Torah, Hash-m Himself will not protect us, rather, an angel. Avodah sustains; had he come for Bitul Avodah, it would have been to supply our food.

4.

(R. Yochanan): Immediately, "va'Yalen Yehoshua... b'Soch ha'Emek" - he spent the night in the depth of Halachah.

(p)

(Shmuel bar Unya): Learning Torah is greater than bringing the Temidim. The Mal'ach came for neglect of the former.

3)

MAL'ACHIM THAT BESEECH HASH-M [line 8]

(a)

(Rav Dimi): In Eretz Yisrael they expound "Al Tetzei la'Riv Maher..." - when Hash-m told Yechezkeil to tell Yisrael "Avich ha'Emori v'Imech Chitis", a Ru'ach Poskanis (a Mal'ach; Rashi - Gavri'el) asked, if Avraham and Sarah would come in front of You, would You embarrass them this way?

1.

"Rivcha Riv... v'Sod Achar Al Tegal" (rebuke Yisrael, but do not reveal the shame of Avraham and Sarah).

(b)

Question: Does this Mal'ach have permission to speak this way to Hash-m?

(c)

Answer (R. Yosi b'Rebbi Chanina): Yes! He has three names: Piskin (he is Posek (speaks conclusively about Yisrael)), Itmon (he seals off the sins of Yisrael), and Sigron (if he must cease pleading for Yisrael, no other Mal'ach begins).

(d)

(R. Elazar): "Ha'Ya'aroch Shu'acha Lo b'Tzar" - one should pray before he is afflicted;

1.

Had Avraham not prayed for his descendants when he was between Beis Kel and Ai, they would have perished in the battle of Ai.

(e)

(Reish Lakish): "Ha'Ya'aroch Shu'acha Lo b'Tzar" - invigorating oneself in prayer blocks prosecution against himself above.

(f)

(R. Yochanan): One should pray (to Hash-m) that the Mal'achim will help him, and not prosecute against him.

4)

CONFESSION BEFORE EXECUTION [line 30]

(a)

(Mishnah) Question: How do we know that this atoned for him?...

(b)

(Beraisa) Question: How do we know that this atoned for him?

(c)

Answer: "Yakorcha Hash-m ba'Yom ha'Zeh" - today you are sullied, but not in the world to come.

(d)

Question: "U'Vnei Zerach Zimri v'Eisan... Kulam Chamishah" - why must it say that there were five?

(e)

Answer: This teaches that all five have shares in the world to come.

(f)

Question: In Divrei ha'Yamim he is called Zimri, in Sefer Yehoshua he is called Achan!

(g)

(Rav or Shmuel): His name is Achan. He is called Zimri because he did an action like Zimri.

(h)

(The other of Rav and Shmuel): His name is Zimri. He is called Achan because he caused the sins of Yisrael to be visited upon them like an Achna (snake).

(i)

(Mishnah): If he does not know how to confess... R. Yehudah says...(Chachamim say, if so, everyone will say this to) clear himself!

(j)

Question: What is wrong if he clears himself?

(k)

Answer: He will make people think that Beis Din killed an innocent person, and that the witnesses lied.

(l)

(Beraisa): A case occurred in which a man said on his way to execution 'if I am guilty of this, my death should not atone for my sins. If I am innocent, my death should atone for my sins, Beis Din and Yisrael should be clear, the witnesses should never be forgiven.'

1.

When Chachamim heard, they said 'the sentence cannot be retracted. He will be killed. If the witnesses lied, they will bear their sin.'

(m)

Question: Obviously, his words cannot overturn the sentence!

(n)

Answer: The Chidush is, even if the witnesses retracted, we carry out the sentence.

(o)

Question: Once witnesses testify, they cannot retract!

(p)

Answer: The Chidush is, even though they gave a reason (they lied due to hatred), they cannot retract (like the case in which Shimon ben Shetach's son was framed).