Mishnah 1
1)
(a)The Mishnah now discusses what happens to the accused, assuming that they sentence him to death. What does the Tana learn from the Pasuk in Emor "Hotzei es ha'Mekalel"?
(b)Why is it imperative for the Beis-ha'S'kilah to be some distance from the Beis-Din?
(c)What is the man posted next to Beis-Din holding in his hands?
(d)How far away does another man have to be sitting astride a horse?
(e)What happens if somebody does inform the Beis-Din that they have something to say in defense of the condemned man?
1)
(a)The Mishnah now discusses what happens to the accused, assuming that they sentence him to death. The Tana learns from the Pasuk in Emor "Hotzei es ha'Mekalel" - that the Beis-ha'S'kilah must be located some distance from the Beis-Din (See Tos. Yom-Tov) ...
(b)... so that, in the event that someone comes up with something in the condemned man's defense, they will be able to repeal the death-sentence before it is too late.
(c)The man posted next to Beis-Din is holding in his hands - a cloths.
(d)Another man sitting astride a horse - is waiting just within sight of the first one.
(e)If somebody does inform the Beis-Din that they have something to say in defense of the condemned man, then the man with the cloths waves them in the air, and the man astride the horse catches up with the procession and stops it (See Tos. Yom-Tov).
2)
(a)We have already learned that even if the condemned man himself claims that he has a point to make to prove his innocence, his claim is taken seriously. What if this happens four or five times?
(b)What is the point of that? Why is it not obvious that he is merely buying time?
(c)Seeing as after two times we no longer take him too seriously, why does the Tana refer to four or five times?
2)
(a)We have already learned that even if the condemned man himself claims that he has a point to make to prove his innocence, his claim is taken seriously - even if this happens four or five times (See Tos. Yom-Tov) ...
(b)... because we suspect that in his terrified state, his mind may have gone blank, and his mind will eventually clear.
(c)Even though after two times we no longer take him too seriously, the Tana nevertheless refer to four or five times - because even though he is not taken to Beis-Din , they do hand him two Talmidei-Chachamim to ascertain whether he has anything of substance to say.
3)
(a)As the condemned man is being taken out to be stoned, they announce that so-and-so is being taken out to be stoned for having performed such-and-such a sin. What do they add to that?
(b)What is the purpose of the announcement?
3)
(a)As the sentenced man is being taken out to be stoned (See Tos. Yom-Tov), they announce that so-and-so is being taken out to be stoned for having performed such-and-such a sin - plus the date, the time and the location (See also Tos. Yom-Tov), and the names of the witnesses.
(b)The purpose of the announcement is - that if anybody has anything to say in his favor, they should come and testify.
Mishnah 2
4)
(a)What do they instruct the condemned man to do when they arrive at a spot some ten Amos from the Beis-ha'S'kilah?
(b)Why do they not wait until they actually arrive at the Beis-ha'S'kilah?
(c)Why do Beis-Din instruct whoever is Chayav Misah to recite Viduy?
4)
(a)When they arrive at a spot some tem Amos from the Beis-ha'S'kilah, they instruct the condemned man - to confess to having sinned.
(b)They do not wait until they actually arrive at the Beis-ha'S'kilah - because at that point he might be tongue-tied from fear.
(c)Beis-Din instruct whoever is Chayav Misah to recite Viduy - to ensure that he receives a portion in the World to Come.
5)
(a)From whom (in Seifer Yehoshua) does the Mishnah learn the obligation to do this?
(b)Bearing in mind that a accused man cannot implicate himself, why was it vital for Achan to confess to what he did?
(c)He confessed that he took spoil by the battle against Yericho. What did he come to include when he added "ve'cha'Zos ve'cha'Zos Asisi"?
(d)What does the Tana extrapolate from the words in Yehoshua "ka'Yom ha'Zeh" (in the Pasuk in Yehoshua " ... Ya'achorcha Hash-m ka'Yom ha'Zeh!")?
5)
(a)The Mishnah learns the obligation to do this from - Achan (in Seifer Yehoshua).
(b)Despite the fact that an accused man cannot implicate himself, it was nevertheless vital for Achan to confess - since there were no witnesses, and sentencing him to death on his own admission was a Hora'as Sha'ah (a momentary ruling).
(c)He confessed that he took spoil by the battle against Yericho, adding "ve'cha'Zos ve'cha'Zos Asisi" to include - two other occasions when he took spoil in the desert against Moshe's express orders.
(d)The Tana extrapolate from the words in Yehoshua "ka'Yom ha'Zeh" (in the Pasuk in Yehoshua " ... Ya'achorcha Hash-m ka'Yom ha'Zeh!") - that, because he confessed, he retained his portion in Olam ha'Ba.
6)
(a)What is the significance of the words 'Tehei Misasi Kaparah al Kol Avonosai!'? Who says it?
(b)What does Rebbi Yehudah say the condemned man should add if he knows that the witnesses were false?
(c)On what grounds do the Chachamim object to that?
(d)Like whom is the Halachah?
6)
(a)'T'hei Misasi Kaparah al Kol Avonosai!' - which they dictate to a Mechuyav Misah who does not know how to say Viduy, means that his death should atone for all his sins.
(b)According to Rebbi Yehudah, if he knows that the witnesses are false (See Tos. Yom-Tov), he adds 'Chutz mi'Zeh' ('except for this one').
(c)The Chachamim object to that, because then - every Mechuyav Misah will say that in order to convey the impression that he is innocent.
(d)The Halachah is - like the Tana Kama.
Mishnah 3
7)
(a)At which point do they remove the condemned man's clothes?
(b)How do we learn this from the Pasuk in Emor "ve'Ragmu oso"?
(c)What distinction does Rebbi Yehudah draw between a man and a woman regarding what one does before actually stoning them?
(d)What do the Chachamim say?
7)
(a)They remove the condemned man's clothes -when he reaches a distance of four Amos from the Beis-ha'S'kilah (See Tos. Yom-Tov).
(b)We learn this from the Pasuk in Emor "ve'Ragmu oso" - from which we extrapolate that he is stoned, but not his clothes.
(c)Rebbi Yehudah holds that - a man is stoned wearing a loin-cloth at the front, a woman, one at the front and one at the back (See Tos. Yom-Tov), before actually stoning them.
(d)According to the Chachamim - a man is stoned naked, a woman is not (See Tos. Yom-Tov).
Mishnah 4
8)
(a)How high is the Beis-ha'S'kilah?
(b)Who pushes the condemned man from the Beis-ha'S'kilah?
(c)How does he push him? In which direction does he fall?
(d)What if he falls on his front?
(e)Why is that?
8)
(a)The Beis-ha'S'kilah is - two heights of a person (i.e. six Amos) from the ground (See Tos. Yom-Tov).
(b)One of the witnesses pushes the condemned man from the Beis-ha'S'kilah (See Tos. Yom-Tov) ...
(c)... from the back (See Tos. Yom-Tov) so that he falls on his back.
(d)If he falls on his front - then they move him on to his back ...
(e)... because it is more disgusting if he lies there on his front (See lso Tos. Yom-Tov).
9)
(a)What does the second witness do in the event that the man does not die from the fall?
(b)What happens if he is still alive?
(c)From which Pasuk in Parshas Shoftim does the Tana learn this?
9)
(a)In the event that the man does not die from the fall - the second witness 'places' a large boulder (See Tos. Yom-Tov) on his heart.
(b)If he is still alive - then the people pelt him with stones.
(c)The Tana learns this from the Pasuk in Parshas Shoftim - "Yad ha"Eidim Tih'yeh bo ba'Rishonah ve'Yad Kol ha'Am ba'Acaronah" (See Tos. Yom-Tov).
10)
(a)Rebbi Eliezer maintains that whoever dies by stoning must subsequently be hanged. What do the Chachamim say? According to them who, besides someone who blasphemes Hash-m, is hanged?
(b)If we learn the former from the Pasuk in Korach "ve'ha'Nefesh asher Ta'aesh be'Yad Ramah", from where do we learn the latter?
(c)According to Rebbi Eliezer, what is the difference between the way they hang a man and the way they hang a woman?
(d)What do the Chachamim say about hanging a woman?
10)
(a)Rebbi Eliezer maintains that whoever dies by stoning must subsequently be hanged. According to the Chachamim, only someone who blasphemes Hash-m - and someone who serves Avodah-Zarah are subsequently are hanged.
(b)We learn the former from the Pasuk in Korach "ve'ha'Nefesh asher Ta'aesh be'Yad Ramah", and the latter - from the fact that that Parshah is actually speaking about Avodah-Zarah.
(c)According to Rebbi Eliezer - a man is hanged facing the people, and a woman, facing the wood.
(d)The Chachamim maintain - that a woman is not hanged at all (See Tos. Yom-Tov).
11)
(a)How did Rebbi Eliezer queries the Chachamim from Shimon ben Shetach? What did he do?
(b)What did the Chachamim mean when they countered that Shimon ben Shetach hanged eighty witches (on one day)? What were they trying to prove with that?
(c)What does that have to do with the fact that he hanged women?
11)
(a)Rebbi Eliezer queries the Chachamim from Shimon ben Shetach - who hanged women after they had been stoned to death.
(b)When the Chachamim countered that Shimon ben Shetach hanged eighty witches (on one day) - they were merely pointing out that since Beis-Din is forbidden to carry out the death-sentence on more than one person on one day, it must have been a 'Hora'as Sha'ah' (a momentary ruling) ...
(c)... in which case we can say the same about the fact that he hanged women (See Tos. Yom-Tov).
12)
(a)They hang the corpse from a beam. According to the Tana Kama, how the beam stand?
(b)How is the corpse suspended from the beam?
(c)According to Rebbi Yossi, the beam is leaned against a wall. How does he describe the way the corpse is suspended him from it?
12)
(a)They hang the corpse from a beam, which according to the Tana Kama - is stuck into the ground.
(b)The corpse is suspended from the beam - via his hands that are tied together over a wooden peg that is affixed to the beam.
(c)According to Rebbi Yossi, they lean the beam against a wall - and they suspend the corpse from it - 'like the butchers (suspend the carcass that they are skinning)'.
13)
(a)On which Halachah (concerning the beam) is the Machlokes between the Tana Kama and Rebbi Yossi depend? ruling that requires the beam to be buried with the corpse,
(b)Based on the Pasuk in Ki Seitzei "Ki Kavor Sikb'renhu", on what grounds does Rebbi Yossi disagree with the Tana Kama?
(c)How does the Tana Kama counter Rebbi Yossi's proof?
(d)Like whom is the Halachah?
13)
(a)The Machlokes between the Tana Kama and Rebbi Yossi depends on the ruling - that requires the beam to be buried with the corpse.
(b)Based on the Pasuk in Ki Seitzei "Ki Kavor Sikb'renhu", Rebbi Yossi disagrees with the Tana Kama - inasmuch as the Pasuk implies that whatever is buried requires burial only and not digging up as well.
(c)The Tana Kama counters Rebbi Yossi's proof - in that digging up is of no significance, and what we can extrapolate is that the beam should not be attached to the ground (i.e. one may not hang the corpse on a tree).
(d)The Halachah is like - the Tana Kama.
14)
(a)What does the Mishnah learn from the Pasuk there "Lo Salin Nivlaso al ha'Eitz"?
(b)What the Pasuk mean when it adds "ki Kile'las Elokim Taluy"?
(c)How does the Tana use the Pasuk as a reason for the Isur of leaving the corpse hanging?
14)
(a)The Mishnah learns from the Pasuk there "Lo Salin Nivlaso al ha'Eitz" - that one may not leave the corpse hanging, but rather, having fulfilled the Mitzvah of hanging the sinner, one takes him straight down immediately.
(b)When the Pasuk adds "ki Kile'las Elokim Taluy", it means - that seeing as he sinned by cursing Hash-m.
(c)The Tana uses the Pasuk as a reason for the Isur of leaving the corpse hanging - because leaving the corpse hanging will cause people to talk about his sin, and a terrible Chilul Hash-m will ensue (See Tos. Yom-Tov).
Mishnah 5
15)
(a)According to Rebbi Meir, about whom does the Shechinah Kaveyachol, lament 'Kalani me'Roshi, Kalani mi'Zero'i!'
(b)What does the Mishnah say about Tzadikim who suffer?
(c)What does 'Kalani me'Roshi, Kalani mi'Zero'i!' mean?
15)
(a)According to Rebbi Meir, the Shechinah Kaveyachol (See Tos. Yom-Tov), laments 'Kalani me'Roshi, Kalani mi'Zero'i!' - even about Resha'im who are punished for their sins ...
(b)... how much more so does the Shechinah lament Tzadikim who suffer.
(c)'Kalani me'Roshi, Kalani mi'Zero'i!' means - 'My head is heavy (not light [See Tos. Yom-Tov]), and My arms are Heavy!'
16)
(a)We learned that the corpse of the hanged man may not be left hanging after nightfall. Based on the same Pasuk in Parshas Shoftim, who else transgresses a La'av?
(b)On what condition does he not transgress?
16)
(a)We learned that the corpse of the hanged man may not be left hanging after nightfall. Based on the same Pasuk in Parshas Shoftim (See Tos. Yom-Tov) - anyone who leaves his deceased relative unburied overnight also transgresses a La'av ...
(b)... unless it is a matter of Kavod ha'Meis (such as bringing a coffin and shrouds on his behalf).
17)
(a)What are the three other Misos Beis-Din?
(b)Why are those who are sentenced to death at the hand of Beis-Din not buried in their ancestral plot?
(c)Then where are they buried?
(d)Why are they not all buried in the same burial ground?
(e)Then why are there not four burial grounds
17)
(a)The three other Misos Beis-Din are - Sereifah (burning), Hereg (death by the sword) and Chenek (strangulation).
(b)Those who are sentenced to death at the hand of Beis-Din are not buried in their ancestral plot - because one is not permitted to bury a Tzadik in the vicinity of a Rasha (See Tos. Yom-Tov).
(c)They are buried - in two separate burial grounds, one for Neheragin and Nechnakin, the other, for Niskalin and Nisrafin.
(d)They cannot all buried in the same burial ground - since one may not bury someone who dies a more severe death together with someone who dies a less severe death.
(e)And the reason that there are not four burial grounds - is because Halachah le'Moshe mi'Sinai, there have to be two.
18)
(a)When is one permitted to gather the bones of someone who was put to death at the hands of Beis-Din and re-inter them in the family burial-plot?
(b)Why specifically then?
18)
(a)One is permitted to gather the bones of someone who was put to death at the hands of Beis-Din and re-inter them in the family burial-plot - once the body has decomposed (See Tos. Yom-Tov) ...
(b)... because that is when the Kaparah is complete.
19)
(a)The Mishnah rules that the relatives come and inquire after the Dayanim and the witnesses. Why do they do that?
(b)One reason that they do not mourn immediately is so that the disgrace should be part of the atonement. What is the alternative reason?
(c)So why do they not mourn after the bones have decomposed?
(d)What are mourners nevertheless obligated to do?
(e)Why is that?
19)
(a)The Mishnah rules that the relatives come and inquire after the Dayanim and the witnesses - to demonstrate that they do not hold their relative's death against them.
(b)One reason that they do not mourn immediately is so that the disgrace should be part of the atonement. Alternatively - it is because the mourning period begins when the grave is filled in, and at that time, the Kaparah is not yet complete, as we just explained.
(c)Neither do they mourn after the bones have decomposed - since having missed the correct time to mourn, one does not obligate them to do so later (See Tos. Yom-Tov).
(d)They nevertheless observe the Dinim of Aninus (on the day of the burial) ...
(e)... since Aninus does not entail any action (See Tiferes Yisrael).
