Sanhedrin - Daf 16
- An entire שבט which served avodah zarah is judged by Sanhedrin
The Mishnah taught that a "שבט" is judged by the Sanhedrin of seventy-one judges, and the Gemara seeks to identify the case. If they were mechalel Shabbos, they would each be judged like an ordinary individual, with twenty-three judges. If they served avodah zarah, where we find that an עיר הנדחת is judged by Sanhedrin, all Tannaim agree this does not apply to an entire שבט!? Rav Masnah explains it refers to the נשיא of a shevet. His judgement requires Sanhedrin, because "כל הדבר הגדול" – every great matter which was brought to Moshe (who was equal to Sanhedrin) is darshened to include דבריו של גדול – the matters of a great person. After another interpretation is rejected, Ravina answers that the Mishnah refers to an entire shevet which served avodah zarah. Despite not having the law of עיר הנדחת (so they are stoned, not beheaded), they still must be judged by Sanhedrin. For just as we darshen: "והוצאת את האיש ההוא או את האשה ההוא" – you shall take out that man or that woman, to teach: איש ואשה אתה מוציא לשעריך – an individual man or woman you shall take out to “your gates,” (a Beis Din of twenty-three), but an entire city requires Sanhedrin, so too an entire shevet’s judgement requires Sanhedrin.
- Dovid’s practice of waking at night to learn, and procedure for מלחמת הרשות
The Mishnah taught that a מלחמת הרשות – optional war requires the consent of Sanhedrin. The Gemara derives this from Rebbe Shimon Chasida’s statement. He taught that a harp hung above Dovid’s bed, and the north wind would blow on it at midnight, causing the harp to play. Immediately, Dovid would rise and learn Torah until the morning. At that point, the wise men of Yisroel would enter and say: אדונינו המלך עמך ישראל צריכין לפרנסה – Our Master, the King! Your nation Yisroel needs sustenance! He replied that they should be supported by each other, through charity, but they responded: אין הקומץ משביע את הארי – a mere handful of food does not satisfy the lion, ואין הבור מתמלא מחולייתו – and a pit cannot be filled from its own dirt (i.e., we cannot provide for all our poor). Dovid then said to wage war against foreign nations to obtain sustenance. Immediately, they consulted אחיתופל for advice, requested the Sanhedrin’s permission, and asked the אורים ותומים if they would succeed, as the Gemara proceeds to show from pesukim.
- Limitations of עיר הנדחת (a border city, or three cities)
The Mishnah taught that a border city cannot be declared an עיר הנדחת, which the Gemara darshens from "מקרבך" – from your midst, excluding the border area. Below, a Baraisa gives a practical reason: שמא ישמעו נכרים ויחריבו את ארץ ישראל – perhaps gentiles will hear about the unprotected border and destroy Eretz Yisroel. The Gemara explains this Tanna is Rebbe Shimon, who darshens reasons for laws taught by pesukim. The Mishnah taught that three cities cannot be declared ערי הנדחת, because the passuk says "אחת" – one. Still, two cities can be declared ערי הנדחת, because the plural of "עריך" – your cities includes two cities. At times, Rav would say that three ערי הנדחת can only not be declared by a single Sanhedrin, but multiple Sanhedrins can declare a total of three. At other times, Rav said even multiple courts cannot declare three ערי הנדחת, משום קרחה – because it would result in a large area of desolation in Eretz Yisroel. Reish Lakish says that three such cities can be declared across multiple areas, but Rebbe Yochanan holds they cannot, which is supported by a Baraisa.
