1)

(a)The Tana now presents the list of those who are Chayav Chenek. The first three cases are someone who strikes his father or mother, someone who kidnaps and a rebellious elder 'al-Pi Beis-Din' - in that he refuses to adhere to the ruling of the Beis-Din ha'Gadol.

(b)Besides a Navi who prophesies falsely - one who prophesies in the name of an Avodah-Zarah, is subject to Chenek, too.

(c)The case from the Parshah of Arayos that is Chayav Chenek is - adultery with a married woman.

2)

(a)Despite the fact that a bas Kohen who committed adultery receives S'reifah, Zomemei bas Kohen u'Bo'alah receive Chenek - because the Bo'el is Chayav Chenek.

(b)We learn from the word ...

1. ... "Hi" (in the Pasuk in Kedoshim " " ... Hi ba'Eish Tisaref") - that whereas the bas Kohen receives S'reifah, the Bo'el receives Chenek.

2. ... "le'Achiv" in the Pasuk in Ki Seitzei " ... ka'asher Zomam La'asos le'Achiv" - that the Zomemin are subject to the same punishment as the Bo'el and not as the bas Kohen herself.

3)

(a)Someone who strikes his father or mother is Chayav - provided he inflicts a wound.

(b)Besides the actual punishment itself (S'kilah v Chenek) a son who curses his parents is more stringent than one who strikes them - inasmuch he is Chayav even after their death, whereas the latter is not.

(c)And we learn this - from the otherwise superfluous in Kedoshim "Aviv ve'Imo Kilel".

(d)And we learn that someone who strikes his parents after their death is Patur - since, as we just stated, one is only Chayav if one inflicts a wound, and this is not possible after their death (See Tos. Yom-Tov).

4)

(a)According to the Tana Kama, a kidnapper is Chayav - only if he subsequently takes him into his domain (See Tos. Yom-Tov).

(b)Based on the Pasuk in Kli Seitzei (in connection with the Isur of kidnapping) "ve'His'amer bo u'Mecharo", Rebbi Yehudah also requires - him to work with him.

(c)Seeing as the Torah writes "ve'His'amer ... " - the Tana Kama is bound to argues with Rebbi Yehudah in that he does not require work to the value of a P'rutah (whereas Rebbi Yehudah does).

(d)The Halachah is - like the Tana Kama.

5)

(a)The Chachamim learn from the words there "ve'Nimtza be'Yado" that someone who kidnaps his own son is Patur because he is already Matzui (found) in his father's possession so to speak.

(b)The earlier Pasuk there "Ki Yimatzei Ish" already teaches us that the kidnapper is guilty if the victim is found in his possession, so the Pasuk of ve'Nimtza be'Yado must come to teach as the Chachachim understand it.

(c)The Halachah is like the Chachamim.

6)

(a)From the word "me'Echav", Rebbi Yehudah precludes - Avadim from the Din of kidnapping.

(b)Had the Torah then written "B'nei Yisrael", he would also have precluded - someone who is a Chatzi Even ve'Chatzi ben Chorin.

(c)But now that the Torah writes "mi'Benei Yisrael" - Rebbi Yehudah says that this is one Miy'ut that follows another Miyut, which we Darshen as a Ribuy, In which case we include a Chatzi Eved ve'Chatzi ben Chorin.

7)

(a)The Tana Kama declines to preclude Avadim from "me'Echav" - because Avadim are our brothers regarding Mitzvos.

(b)Consequently, he precludes them - from "Benei Yisrael" ...

(c)... and from the 'Mem' in "mi'Benei Yisrael" - he precludes a Chatzi even a Chatzi Eved ve'Chatzi ben Chorin.

(d)The Halachah is - like the Tana Kama.

8)

(a)We learn from the word "Yipalei" (in the Pasuk in Parshas Shoftim "Ki Yipalei mi'M'cha Davar" - that it is only a Zakein (Mufla she'be'Beis-Din) that is subject to the Din of a Zakein Mamrei, but not a Talmid.

(b)Three Batei-Din - sit in the vicinity of the Beis-ha'Mikdash.

(c)The first one sits inside the entrance of the Har ha'Bayis - just outside the eastern gate that leads to the Ezras Nashim (See Tos. Yom-Tov).

(d)The second Beis-Din convenes at the entrance to the Ezras Yisrael, and the third one - in the Lishkas ha'Gazis ...

(e)... that is situated in the Azarah, half in the Kodesh and half in Chol.

9)

(a)The Zakein is obligated to go to Yerushalayim - after he issues a ruling in his town with which all the other Dayanim disagree.

(b)When he arrives at the first Beis-Din, he declares - 'This is how I Darshened and this is how my colleagues Darshened; This is how I taught and this is how my colleagues taught!' (See Tos. Yom-Tov).

(c)If Beis-Din have heard the correct ruling (See Tiferes Yisrael) - then they send him home. Otherwise, he proceeds to the second Beis-Din.

(d)If neither the first Beis-Din nor the second one are able to issue a ruling - then they all proceed to the Lishkas ha'Gazis (See Tos. Yom-Tov).

(e)The Tana learns from the Pasuk there "min ha'Makom ha'Hu asher Yivchar Hash-m" - that the ultimate P'sak comes from the Lishkas ha'Gazis.

10)

(a)If, after receiving a P'sak from any of the above Batei-Din, the Zakein returns to his home town and continues teaching as he did before - he is Patur.

(b)He only becomes a Zakein Mamrei - if he continues to Pasken like his initial opinion.

(c)The Tana learns it from the Pasuk there - "ve'ha'Ish asher Ya'aseh be'Zadon" (See Tos. Yom-Tov).

11)

(a)The Mishnah rules that a Talmid who issues a ruling with which the Beis-Din disagree - is not subject to the Din of Zakein Mamrei.

(b)And when the Tana says 'Nimtza Chumro Kulo!', he means - that the stringency of the sin (which is worse when perpetrated by a Talmid) is the cause of the lenient Din (that disqualifies him from becoming a Zakein Mamrei.

12)

(a)The Mishnah says - that a P'sak mi'Divrei Torah does not render a Zakein a Zakein Mamrei, but one mi'Divrei Sofrim does.

(b)'mi'Divrei Sofrim' in this context means - a detail of a basic Torah ruling that (is not written explicitly, but) is learned from a D'rashah.

(c)An example of a P'sak mi'Divrei Torah is that there is no obligation to put on Tefilin each day (See Tos. Yom-Tov), which does not make him a Zakein Mamrei - since every child knows that this a Chiyuv d'Oraysa and his ruling does not fall under the category of 'Hora'ah [a P'sak]).

13)

(a)The case of 'mi'Divrei Sofrim' that the Mishnah cites that renders him Chayav is - where he Darshens that the Tefilin contain five Parshiyos (and not four [See Tos. Yom-Tov])

(b)We know that Tefilin must contain four Parshiyos and not five - from the three times 'le'Totafos written in the Torah (See Tos. Yom-Tov).

14)

(a)The death-sentence of the Zakein Mamrei is not carried out by the Beis-Din in his own town (See Tos. Yom-Tov) - but by the Beis-Din ha'Gadol in Yerushalayim.

(b)The Tana needs to add that it is not carried out in Yavneh - if the Zakein Mamrei is due to be put to death after the Churban, when the Sanhedrin moved there ...

(c)... because he can only be put to death by the Beis-Din that sits in the Lishkas ha'Gazis (See Tos. Yom-Tov).

15)

(a)Rebbi Akiva learns from the Pasuk "ve'Chol ha'Am Yishm'u ve'Yira'u ve'Lo Yezidun Od" - that one carries out the death-sentence on Yom-Tov (See Tiferes Yisrael), when all of Yisrael are in Yerushalayim.

(b)Rebbi Yehudah disagrees (See Tos. Yom-Tov) - because of the prohibition of delaying the death-sentence ...

(c)... which must be carried out on the same day>

(d)And one fulfils the Pasuk "ve'Chol ha'Am Yishm'u ... " - by sending messengers to all locations in Eretz Yisrael who announce 'So-and-so is Chayav Misas Beis-Din (See Tiferes Yisrael).

16)

(a)The Mishnah lists two cases of Navi Sheker, one of them, a 'Navi' who prophesies something that was not said - and one who prophesies what was said to another Navi (See Tos. Yom-Tov).

(b)The source for this is the Pasuk in Parshas Shoftim "Ach ha'Navi asher Yazid Ledaber Davar bi'Shemi ... asher Lo Tzivisi Ledaber". We learn from ...

1. ... "Ach ha'Navi asher Yazid Ledaber Davar bi'Shemi" - the former, and from ...

2. ... "asher Lo Tzivisi Ledaber" - the latter.

(c)The Chiyuv Misah lies in the Pasuk "u'Meis ha'Navi ha'Hu" - which implies bi'Yedei Shamayim - since whenever the Torah writes Misah S'tam, it means Misah bi'Yedei Shamayim.

17)

(a)Based on the Pasuk in Shoftim "Anochi Edrosh me'Imo", what a 'Navi' who withholds his prophecy or to someone who disobeys the words of a Navi - is Chayav Misah bi'Yedei Shamayim.

(b)The third case in this latter list is - a 'Navi who contravenes his own prophecy.

(c)We learn all three from the word "Yishma" (in the Pasuk there "Vehayah ha'Ish asher Lo Yishma el Devarai ... Anochi Edrosh me'Imo") - which incorporates 'Lo Yishama' (disobeys his own prophecy), 'Lo Yashmi'a' (does not relate it) and 'Lo Yishma' (disobeys the orders of a Navi).

18)

(a)A Navi who prophesies in the name of an Avodah-Zarah that what is Tamei is Tamei or what is Tahor is Tahor - has the Din of a Navi Sheker and is Chayav Chenek.

(b)Someone who commits adultery with a married woman - is Chayav Chenek, even though she has not yet consummated her marriage.

(c)The Tana concludes with the Din of Eidim Zomemin - who always receive the same punishment as they wanted to mete out to the defendant ...

(d)... with the sole exception of Zomemei bas Kohen, who receive the same punishment as the Bo'el even if they came to implicate the bas Kohen as well (See Tos. Yom-Tov & Tiferes Yisrael).