Sanhedrin - Daf 112
- The process for trying idol-worshippers until establishing an עיר הנדחת
The Gemara asks how individual idol-worshippers are tried before we determine if a majority of the city committed idolatry (since individuals are stoned, not beheaded). Rav Yehudah says: דנין וחובשין דנין וחובשין – we judge and imprison each sinner, then judge and imprison the next sinner, and do not execute anyone until we determine if a majority is guilty, rendering it an עיר הנדחת. Ulla objected: נמצא אתה מענה את דינן של אלו – it emerges you are causing them anguish in [delaying] their judgement, which is prohibited!? Rather, Ulla says we judge and actually stone each sinner, until a majority is reached, and those convicted thereafter are beheaded. Rebbe Yochanan ruled like Ulla, but Reish Lakish said: מרבין להן בתי דינין – we set up numerous courts for them, to try them all on one day (and thereby judge them all as residents of an עיר הנדחת if a majority is convicted). Since an עיר הנדחת cannot be judged by locals, but by the Sanhedrin of seventy-one judges, the Gemara clarifies that the numerous courts try the individuals, and after determining that most of the city served idolatry, they are brought up to the Sanhedrin, who convicts and executes them as an עיר הנדחת.
- Destruction of a צדיק’s property in an עיר הנדחת, and jointly owned property
A Baraisa darshens from the words "החרם אותה" – destroy it, פרט לנכסי צדיקים שבחוצה לה – to exclude from destruction the property of the righteous (i.e., innocent) which is outside [the city]. "ואת כל אשר בה" – and everything in it teaches that צדיקים’s property inside the city is destroyed. Another derashah teaches to destroy all property of רשעים (i.e., those guilty of idolatry), even outside the city. Rebbe Shimon explains why the Torah says to destroy the property of innocent צדיקים: מי גרם להם שידורו בתוכה – what caused them to reside in [this idolatrous city]? ממונם – Their money! לפיכך ממונם אבד – Therefore, their money is destroyed. Rav Chisda says that an animal which is partly owned by a resident of an עיר הנדחת and partly owned by someone else is forbidden, but dough which is jointly owned between them may be divided, and the half belonging to another city is permitted. He explains: בהמה כמאן דלא פליגא דמיא – an animal is considered like it is not divided, since no part can be eaten without shechitah, and the “עיר הנדחת part” is considered executed and not shechted, so it is all prohibited. Dough is considered divided, so half is permitted.
- שללה ולא שלל שמים: korbanos of an עיר הנדחת
The Mishnah on the previous Daf darshened "שללה" ולא שלל שמים – [the city’s] booty must be burned, but not the booty of Heaven. This exempts numerous sanctified items from being destroyed, such as hekdesh, terumah, and maaser sheni. A Baraisa details the laws of several such items, beginning with: קדשי מזבח ימותו – items sanctified for the mizbeiach (i.e., korbanos) must die. The Gemara asks that they should graze until they develop a מום, and be sold, and the money should be used for voluntary korbanos!? Rebbe Yochanan answers: זבח רשעים תועבה – the sacrifice of the wicked is an abomination. Not only are the animals themselves disqualified as korbanos, but even their monetary proceeds are disqualified for korbanos, so the animals are indirectly killed. Reish Lakish says: ממון בעלים הוא – the korban discussed by the Baraisa is the owner’s property, and therefore is subject to the law of עיר הנדחת (and is not "שלל שמים"). He eventually explains it as קדשים קלים, which Rebbe Yose HaGlili considers personal ממון בעלים. קדשי קדשים, which are not ממון בעלים, would be redeemed and their proceeds used for korbanos, because Reish Lakish holds כיון דאישתני אישתני – since [the korban] was changed (into money), it was changed and loses the status of זבח רשעים תועבה.
