Sanhedrin - Daf 4
- Five Tannaim who hold יש אם למקרא
Rebbe Yochanan listed five Tannaim who hold יש אם למקרא – there is primacy given to the pronounced form of a word in Torah, as opposed to its written form. (1) Rebbe requires five judges for דיני ממונות, because the word "יַרְשִׁיעֻן" – they shall condemn is pronounced as plural and adds two, although it is written "יַרְשִׁיעָן" (singular). (2) Rebbe Yehudah ben Ro’eitz says a woman who gave birth to a female is tamei for two weeks, rather than seventy days, because the word is pronounced "שְׁבוּעַיִים" – two weeks, although written as "שִׁבְעִים". (3) Beis Shammai says a חטאת, which requires four blood applications on the מזבח, effects כפרה if he did two, because the three occurrences of the word "קַרְנֹת" – the horns of (the מזבח) , written without a vav are all pronounced “קַרְנוֹת,” totaling six (four for the proper mitzvah, and two for what is critical to כפרה). (4) Rebbe Shimon requires three walls and a tefach for a succah, because the three occurrences of the word "בַּסֻּכֹּת" are all pronounced as plural. The first בסוכות teaches the law of succah, and the remaining four mentions of succah would require four walls, and a הלכה למשה מסיני reduces the fourth to a tefach. (5) Rebbe Akiva says a רביעית of blood from two corpses is metamei through אהל, because the word "נַפְשֹׁת" is pronounced as plural.
- לא תבשל גדי "בַּחֲלֵב" אמו refers to milk, proving that יש אם למקרא is unanimous
Rav Acha bar Yaakov objected: is it possible that anyone does not hold יש אם למקרא? But a Baraisa says about the passuk not to cook meat "בַּחֲלֵב אמו" – in its mother’s milk, יכול בחֵלֶב – one might think it means not to cook meat in its mother’s fat; אמרת יש אם למקרא – rather, you must say there is primacy given to the pronounced form of the word, בַּחֲלֵב, meaning milk. This proves that everyone must hold יש אם למקרא, for how else would we know that the prohibition is to cook meat in milk? Therefore, the Gemara revises its explanation of all the arguments quoted by Rebbe Yochanan to allow יש אם למקרא to be unanimously accepted.
- Proving from "טוֹטָפוֹת" and "יֵרָאֶה כָּל זְכוּרְךָ" that there are opinions that יש אם למסורת
The Gemara proves there are Tannaim who hold יש אם למסורת: the Torah refers to the head tefillin three times as "טוֹטָפוֹת", twice without a "ו" and once with a "ו". Rebbe Yishmael says the one plural mention and two singular mentions teach a total of four compartments for the תפלין של ראש. Rebbe Akiva says this is unnecessary, because the word “טט” means two in Caspian, and “פת” means two in Afriki, totaling four. This proves Rebbe Yishmael gives primacy to the word’s written form!? The Gemara suggests that Tannaim only argue if יש אם למקרא where the written form differs from the pronounced form. But regarding חֲלֵב and חֵלֶב, which are written identically, everyone agrees to follow the pronunciation. However, this is disproven, because Rebbe Yehudah ben Teima exempts someone who is blind is one eye from ראיה – appearing at the Beis Hamikdash on the רגלים, based on darshening "יֵרָאֶה כָּל זְכוּרְךָ" to also include יִרְאֶה – he shall see, even though its spelling is identical with יֵרָאֶה!? Therefore, the Gemara finally provides another source that בַּחֲלֵב אמו means milk, because the passuk prohibits cooking: דרך בישול אסרה תורה – the Torah prohibits a manner of cooking them together, which indicates it means milk, since cooking meat in fat would be called “frying.”
