Jewish Audio on Chabad.org. Today's שיעור will be מסכת סנהדרין דף י״ז, but we will start on דף ט״ז עמוד ב׳, two lines from the bottom of the עמוד. The גמרא quotes from the משנה where it says סנהדרי גדולה היתה, that the סנהדרי גדולה was made up of 71 people. And we find in the משנה a מחלוקת. The חכמים hold that the סנהדרין had to be made up of 71, as it quotes the פסוק that השם said to משה he should gather שבעים איש מזקני ישראל, 70 people from the elders of the אידן, ומשה על גביהן, משה was on top of them, so משה is included in the סנהדרין, so together with משה we have 71. But רבי יהודה says that we only supposed to have 70, because he does not count משה as one of the סנהדרין. So the גמרא here asks a קשיא, מאי טעמא דרבנן דאמרי משה על גביהן, what is the reason of the רבנן that hold that משה was on top of them, meaning that משה is included in the סנהדרין and therefore we must have 71? And the גמרא answers, אמר קרא, the פסוק says, והתיצבו שם עמך, that they should stand there with you. So he דרשנ'ס עמך, ואת בהדייהו, with you, and you are with them. That means that they are with you and you are part of them, so therefore משה was part of the סנהדרין. So that shows that you have to have 71. But then the

גמרא asks, ורבי יהודה, what would רבי יהודה do with this פסוק? How can רבי יהודה say that משה was not included, when this פסוק seems to be saying that משה was included? And he answers, עמך משום שכינה. That what the פסוק means to say, that they should stand with you, not to go into the אהל, because the שכינה was in the אהל. So the תורה does not mean to say that you should be part of them, but what it means to say, let them stand here with you, let them not come in because of the שכינה. Another פשט רש״י says, that really עמך means they should stand with you and you are part of them, but not that you are part of them as part of the סנהדרין, but what the פסוק means that because the שכינה was supposed to rest upon them, the only way the שכינה could rest on them was if משה was with them. And therefore the תורה says עמך, but not that משה himself really was part of the סנהדרין. But then the גמרא asks, ורבנן, so now it's a question on the רבנן, how can the רבנן use this פסוק to show that משה was part of the סנהדרין, maybe this פסוק comes to tell us that because of the שכינה that's why he was with them? So the

גמרא says there's another פסוק. אמר קרא, the פסוק says, ונשאו אתך במשא העם, השם said that they will carry with you the burden of the nation. So here it says אתך, with you, so we דרשן, אתך, with you, ואת בהדייהו, and you are with them. Since they are with you, that means that you are together, so you are part of them. That shows that משה was part of the סנהדרין, and therefore we have to have 71. But then the גמרא asks, ורבי יהודה, so what would רבי יהודה do with this פסוק? Doesn't this פסוק show that משה was included in the סנהדרין? So the גמרא says, no, he דרשנ'ס, אתך בדומים לך. What the פסוק means to say, אתך, with you, that the ones you're going to choose have to be similar to you. They have to have the proper יחוס as you, the proper purity of descendancy, and also as רש״י says, they have to be clean from all blemishes like you. So it doesn't mean that משה was part of the סנהדרין, what it means is that the סנהדרין, the other 70, have to be such great people, similar to you. So then the גמרא asks, ורבנן, so what will the רבנן answer to this? How can the רבנן use this פסוק as a ראיה that משה was part of the סנהדרין? Maybe the פסוק comes to tell us that they should be similar to you? So the גמרא answers, מהכא, מהקל מעליך ונשאו אתך נפקא. There's another פסוק that says, this is in פרשת יתרו, when יתרו spoke to משה רבינו and he said to him, that you should not judge all the people yourself, but you should appoint different judges. So he said to him that it will make it easier from you, ונשאו אתך, and they will carry with you. So from there he learns out that they have to be similar to you, because over there when the פסוק says they will carry with you, that means that the people that you are going to choose as judges should be similar to you. So there we see that the judges have to be similar to משה. Now, even though that פסוק does not speak about the סנהדרי גדולה, about the סנהדרין of 70 people that השם told him to appoint, this refers to סנהדרי קטנה, because when יתרו told him to make a סנהדרין, that wasn't the סנהדרי גדולה, it was a סנהדרי קטנה. And that's where the פסוק says ונשאו אתך, that they should carry with you, meaning that they should be similar to you. But still, ויליף סנהדרי גדולה מסנהדרי קטנה. You could learn out the דין by סנהדרי גדולה from סנהדרי קטנה, that just like by סנהדרי קטנה you have to have the judges similar to משה, so by סנהדרי גדולה you also have to have the דיינים similar to משה. So therefore, this דין that they have to be similar to משה is learned out from the פסוק מהקל מעליך, so according to the רבנן, the פסוק ונשאו אתך במשא העם is extra, And that comes to teach us that משה was part of the סנהדרין, and that's why the חכמים say that you have to have 71 people in the סנהדרין. Then the גמרא continues, תנו רבנן, and the רבנן learned. We

find in the פסוק where it says, וישארו שני אנשים במחנה, that when השם said to משה that you should appoint 70 people, so it says that two people were left in the מחנה, in the camp, and they prophesied, it says in the תורה. So what's the פשט that these two people were left over? יש אומרים, some say, בקלפי נשתיירו, they were left over from the גורל, from the lots. And the גמרא explains what that means. Because בשעה שאמר לו הקדוש ברוך הוא למשה, because when השם said to משה, אספה לי שבעים איש מזקני ישראל, gather to me 70 people from the elders of the אידן, אמר משה, משה said, כיצד אעשה, how should I do it? Because there were 12 שבטים, in order to have 70 people, if you're going to take the same amount from every שבט, it means that you will have to take six from a שבט, but 6 * 12 is 72, you will have two leftovers. So משה said, what should I do? אבור שישה מכל שבט ושבט, should I take out, choose, six from every שבט, נמצאו שנים יתרים, I will have two extras. אבור חמישה חמישה מכל שבט ושבט, should I take out five five from every שבט, נמצאו עשרה חסירים, I will be missing 10, because 5 * 12 is 60, and השם said he should gather 70. אבור שישה משבט זה, should I choose six from one שבט, וחמישה משבט זה, and five from another שבט? In other words, he should gather from 10 שבטים six, so that'll come out to 60, and then from two שבטים he'll gather five five, that's 10 more, he will have 70. But then, הריני מטיל קנאה בין השבטים, I will cause jealousy between the שבטים, because those שבטים that will only have five will be jealous of the other שבטים that will give six. מה עשה, so what did משה do? בירר שישה שישה, he chose six six from every שבט. So he had altogether 72, but he only needed 70. והביא שבעים ושנים פתקין, and he brought 72 pieces of paper. על שבעים כתב זקן, and 70 of them he wrote the word זקן, elder, ושנים הניח חלק, and two he left empty. בללן, he mixed them, ונתנם בקלפי, he put them into the קלפי for a גורל. אמר להם, and he said to the 72 people, בואו וטלו פתקיכם, come and take your pieces. כל מי שעלה בידו זקן, anyone that picks out his piece and it said on it זקן, אמר, משה said, כבר קידשך שמים, the heaven, which means השם, already made you holy, you are chosen. מי שעלה בידו חלק, the one that came up in his hand empty piece of paper, אמר, he said, המקום לא חפץ בך, השם doesn't want you. אני מה אעשה לך, what could I do for you? And what happened was, as רש"י says, that אלדד ומידד stayed behind, they didn't go to pick their pieces, because they were afraid maybe they will get the empty ones. So 70 others went, ולפועל, amongst those 70, two people got empty pieces of paper. And אלדד ומידד really were supposed to get the pieces of paper where it did say זקן. So that's what the פסוק means, when it says that they were left over, that they were left over in the קלפי, in this גורל, because they really would have won to be one of the זקנים, but they were left over because they didn't come to pick their pieces. And that's what the פסוק means, that they were left over, והמה בכתובים, the פסוק says that they were written, because really they were written in the גורל, in other words, they should have gotten a piece which would have said זקן, but they didn't come to take it because they were afraid. And that's why they were מתנבא במחנה, they prophesied in the מחנה, because really they were from those who were supposed to become זקנים, supposed to become נביאים. כיוצא בדבר אתה

אומר, the גמרא continues and says, the same way we say here that in order to make everything right, משה רבינו had no choice but to make a גורל, we find in another place in the תורה the same thing. It says, ולקחת חמשת חמשת שקלים לגלגלת, that refers to the time when השם chose the לויים to be the ones to serve in the משכן. Originally it used to be the בכורים, all the firstborn, but then השם said that he's going to choose the לויים, because שבט לוי did not worship by the עגל. And השם said that since the לויים will be as an exchange for the בכורים, you had to have that each לוי should be exchanged by one בכור, and השם said they should count to see how many לויים there are, and how many בכורים there are. So when they counted, they saw that the בכורים there were 22,273. On the other hand, לויים, there were 22,000. So the 273 בכורים who were more than the לויים were supposed to be redeemed by the amount of five שקלים. That's what השם said, since they don't have a לוי that should redeem him, so therefore, each one of them instead had to give five שקלים. So when השם said ולקחת חמשת חמשת שקלים לגלגלת, you should take five, five שקלים for each head, for each person, אמר משה, משה said, כיצד אעשה להם לישראל? What should I do to the יידן? אם אומר לו, if I would tell him, if I would come over to one of the בכורים and I would say to him, תן לי פדיונך, give me your money to redeem you, וצא, and go out, in other words, you have to pay for the redemption, יאמר לי, he could say to me, כבר פדאני בן לוי, a לוי redeemed me. What In other words, he would say, what makes you say that I am one of those 273 leftovers? Maybe I am one of the 22,000 בכורים that's redeemed by the לויים. מה עשה, what did משה do? הביא עשרים ושנים אלפים פתקין. He brought 22,000 פתקלאך, וכתב עליהן, and he wrote on them the word בן לוי, ושלשה ושבעים ומאתים, and on 273, כתב עליהם, he wrote on them, חמשת שקלים, five שקלים. בללן, he mixed them, ונתנן בקלפי, he put them into the קלפי. אמר להם, and he said to all the בכורים, טלו פתקיכם, come and take your פתקלאך, your pieces of paper. מי שעלה בידו בן לוי, the one that in his hand came out the word בן לוי, אמר לו, so משה said to him, כבר פדאך בן לוי, a לוי redeemed you, and you don't have to pay. מי שעלה בידו חמשת שקלים, the one that got a piece of paper where it said the word, five שקלים, אמר לו, משה said to him, תן פדיונך וצא, give your money to redeem you, and you could leave. And that's how he was able to see who's the one that's supposed to pay and who not. Now the גמרא goes back to the פסוק where it said before that the two were left over in the מחנה, and the first opinion was that where were they left over? In the קלפי, in the גורל. רבן שמעון, but רבי שמעון says, במחנה נשתיירו, they were left over in the camp, meaning that בשעה שאמר לו הקדוש ברוך הוא למשה, when השם said to משה, אספה לי שבעים איש, gather for me the 70 people, אמרו אלדד ומידד, so אלדד and מידד said, they were amongst those that were chosen by משה רבינו, but they said, אין אנו ראויין לאותה גדולה, we are not worthy of that glory, of that greatness, and that's why they didn't go to participate amongst the others, because they felt that they're not worthy of it. אמר הקדוש ברוך הוא, so השם said, הואיל ומיעטתם עצמכם, since you made yourself small, הריני מוסיף גדולה על גדולתכם, I'm going to add greatness to your greatness. מה גדולה הוסיף להם? What greatness did he add to them? שהנביאים כולם נתנבאו פסקו, the other נביאים, the other 70, they prophesied, but they prophesied just then, and then they stopped. והם נתנבאו ולא פסקו, but they, אלדד and מידד, prophesied and didn't stop. ומה נבואה נתנבאו? Which prophecy did they prophesy? אמרו, they said, משה מת, משה is going to die, יהושע מכניס את ישראל לארץ, and יהושע is going to take the יידן into ארץ ישראל. Because at that time, this wasn't known yet, because השם did not decree that משה should not take the יידן into ארץ ישראל till later by the story of the מי מריבה. But at this time, it wasn't known yet. And they prophesied already, and they said that משה is going to die and יהושע will take the יידן into ארץ ישראל. אבא חנין אומר משום רבי אלעזר, אבא חנין says in the name of רבי אלעזר, על עסקי שלו הם נתנבאים, they prophesied for the שלו, as you find in the תורה that the יידן complained that they want meat, and השם said he will send them the birds called שלו, and that will be enough for them to eat meat. So they were the ones that prophesied concerning the שלו. What did they say? עלי שלו עלי שלו, let the שלו come up. רב נחמן אמר, רב נחמן says, what did they prophesy? על עסקי גוג ומגוג היו נתנבאים, concerning גוג ומגוג they prophesied, because it says that when משיח will come, there will be the final war against the גוים, and that will be against גוג ומגוג, and the יידן will win this war, and that's when there will be the complete גאולה. So אלדד and מידד prophesied concerning this ענין. שנאמר, as the פסוק says in יחזקאל, ל"ח, כה אמר ה' אלקים, this is what השם אלקים said, האתה הוא אשר דברתי בימים קדמונים, are you the one that I spoke about in the earlier days, ביד עבדי נביאי ישראל, in the hands of my servants, the prophets of the יידן, הנבאים בימים ההם שנים, who prophesied in those days for years, להביא אותך עליהם וגו', to bring you upon them, etc. And this speaks about גוג ומגוג, and here it says that they prophesied in those days for years, and the word years is שנים. So he says, אל תקרי שנים אלא שנים, do not read the word שנים, but read the word as שנים, two. In other words, what he's saying, that the two people prophesied concerning this ענין. ואיזו הן שנים נביאים שנתנבאו בפרק אחד נבואה אחת? And where do we find that there were two נביאים at the same period who prophesied the same נבואה, הוי אומר say, אלדד ומידד. This was אלדד ומידד. So that shows that אלדד ומידד were the ones that prophesied concerning גוג ומגוג. Then the גמרא continues, אמר מר, we had learned before, כל הנביאים כולם נתנבאו פסקו, all the other נביאים at that time prophesied and stopped, והם נתנבאו ולא פסקו, but they, אלדד ומידד, prophesied and didn't stop.

So the גמרא asks, מנלן דפסקו? How do we know that the others prophesied and stopped? אילימא, if you're going to tell me, מדכתיב, it's learned out from what the פסוק says, ויתנבאו ולא יספו, that they prophesied, ולא יספו, and we will say that the word ולא יספו means and they didn't continue, and this refers to the other 70, to the נביאים, that they prophesied and they didn't continue, אלא מעתה, if so, if you're going to say that the word ולא יספו means they didn't continue, there's another פסוק that has a similar word. It says, קול גדול ולא יסף. It's a פסוק in ואתחנן, and this refers to the voice of השם, the שכינה, by מתן תורה, and it says there was a big voice, a great voice, ולא יסף. Now if we're going to say ולא יסף means it didn't continue, הכא נמי, will you say here דלא אוסיף הוא, that it didn't continue, and is that so, as if the שכינה didn't continue? That cannot be. So therefore, when it says there ולא יספו, also cannot mean it didn't continue. אלא, what does it mean? דלא פסק, it didn't stop. So when the פסוק says, קול גדול ולא יסף, means there was a great voice, and it didn't stop. So here, when it says ולא יספו, it would also seem to be saying it didn't stop. So how do we know that it did stop? אלא, how do we know it stopped? הכא כתיב ויתנבאו. Here, concerning these people, it says that they prophesied. But התם כתיב מתנבאים, but them, by אלדד ומידד it says מתנבאים, which means they prophesy, עדיין מתנבאים והולכים, they are still prophesying. By the others it says they prophesied, in past tense, that means that they did it, and that's it. But by אלדד ומידד it says מתנבאים, that they are prophesying, which means they are continuing, they are still prophesying, that means that they didn't stop. Then the גמרא continues, בשלמא למאן דאמר משה מת, מילא, according to the one that says that what was their prophecy, that משה is going to die, היינו דכתיב, so therefore it says that יהושע said to משה, when he heard their prophecy, he said אדוני משה, my master משה, כלאם, stop them, or according to another פשט, kill them. We understand why יהושע was upset, because when he heard that they said משה is going to die, he was very upset. אלא למאן דאמר הנך תרתי, but according to the other two opinions, one opinion was that they prophesied concerning the שלו, and the other one that they prophesied concerning גוג ומגוג, מאי אדוני משה כלאם? Why did he say, my master משה, stop them? What was wrong with their prophecy? And the גמרא answers, דלאו אורח ארעא, it's not דרך ארץ, it's not proper, דהוה ליה כתלמיד המורה הלכה לפני רבו, it's like a תלמיד, a student, who פסקנ'ס a דין in front of his רבי, because we know that the דין is that a תלמיד is not allowed to פסקן a דין in front of his רבי. So in front of משה, to say a prophecy was not right, and therefore יהושע was upset. Then the גמרא asks, בשלמא למאן דאמר הנך תרתי, מילא, according to those two opinions that say that the prophecy was, one about the שלו and the other one says about גוג ומגוג, היינו דכתיב, so therefore it says מי יתן, because it says in חומש, that after יהושע said to משה, אדוני משה כלאם, משה רבינו answered him, what are you upset about? מי יתן, who could give, in other words, הלוואי all the Jews should be נביאים. Why are you upset that they are prophesying? So according to the other two opinions, we understand why משה wasn't upset, משה was happy, and he said מי יתן. אלא למאן דאמר משה מת, but according to the one that says that their prophecy was that משה will die, מי ניחא הוי ניחא ליה? Was it okay for משה? Was משה happy with this נבואה? How come משה said הלוואי that all the Jews should be נביאים? The גמרא says, לא סיימוה קמיה, they didn't finish it for him. In other words, they didn't tell משה exactly what the prophecy was, and therefore, when משה just heard that they prophesied, he said הלוואי all the יידן should become נביאים. Then the גמרא says, מאי כלאם? When he said כלאם, what did he mean, they should stop? How will they stop? What should he do to them? אמר ליה, he said to him, יהושע said to משה, הטל עליהם צרכי ציבור, put upon them communal work, והם כּלים מאליהם, and they will stop by themselves. And as תוספות, תוספות says, what does that mean, that they will stop prophesying by themselves, because there is a rule that אין השכינה שורה מתוך עצבות אלא מתוך שמחה, the שכינה does not rest if you are depressed, only if you are happy. Now if they will get צרכי ציבור, they will definitely be depressed, they will definitely not be happy, because the work will bring them to many problems. So therefore, they will not be happy, the שכינה will stop from them, and they will stop prophesying anyway. And this is what יהושע said, make them stop through doing this.

Then the גמרא continues, it quotes from the משנה, מניין להביא עוד שלושה? How do we know to include three more? In the משנה it said that a סנהדרי קטנה is made up of 23, and the משנה said how do we know it's made up of 23? So the משנה said, because there's a פסוק that says ושפטו העדה והצילו העדה, and the עדה should judge, and the עדה should save, and we know an עדה is 10, so we have to have 10 on the side of the judgment and 10 on the side of the saving, so together it is 20. So already we know 20. Now the משנה continues, how do we know three more? So the משנה says, because there is a פסוק that says לא תהיה אחרי רבים לרעות, do not follow the majority for bad. On the other hand, there is a פסוק that says אחרי רבים להטות, that you should follow the majority. Now what does that mean? And the משנה explains that when it comes to פסקן לחיוב, for the bad, then you must have at least a majority of two. With a majority of one, you cannot פסקן that the person is guilty. And that's what the פסוק means, לא תהיה אחרי רבים לרעות, do not follow the majority for bad, because to show that the person is guilty and is חייב מיתה, you must have at least a majority of two, while for the good, you could have a majority of one. Now, since we must have at least 10 for the side of זכות, and we also must have possible that we should have a majority of two to the sides of חוב, so we must have at least 10, and then 12 to the side of guilty, together it's 22. And since we cannot have an even number in the בית דין, so we add one more, so there we get 23. That's what the משנה says.

So the גמרא asks, סוף סוף, after all, לרעה על פי שנים לא משכחת לה, you still can't find that you should have a majority of two to the guilty side. Because אי אחד עשר מזכין ושנים עשר מחייבין, because if you're going to have 11 מזכין, 11 will say innocent, and 12 out of the 23 will say guilty, אכתי חד הוא, it's still one, there's only with one more to the guilty side over the innocent side. אי עשרה מזכין ושלושה עשר מחייבין, and if you're going to have 10 who will say innocent, and 13 who will say guilty, תלתא הוו, you have three. So we still don't have a חשבון of two. In other words, we said in the משנה, the whole thing is based that when you have a majority of two for the guilty side, then he is guilty. But it's impossible, now that we פסקן that we must have 23, it's impossible to have a majority of two. It's or a majority of one if you have 11 against 12, or it's a majority of three if it's 10 against 13. אמר רבי אבהו, so רבי אבהו said, אי אתה מוצא, you טאקע cannot find to have a majority of two for the guilty side, אלא במוסיפין, only in the case when you add. Because the דין is that if you have 11 saying guilty and 11 saying innocent, and the last person says he doesn't know, so the דין is you have to add two more to this בית דין. And you see, if you have a majority now, you go according to the majority, and if not, you continue adding. Now, if you add, the one that said, "I don't know" is now not considered as part of the בית דין. So it comes out that when you had a בית דין of 23 and one said, "I don't know", and you had 11 against 11 and you added two, so now you have 24. Because the one that said, "I don't know" is not counted. So if you have 24, here you have a possibility of having two more that say guilty. If you have 11 saying innocent and 13 saying guilty, so here you have two more who say guilty over the ones that say innocent. And this will fit with דברי הכל. This goes according to everybody. According to all opinions, you could find a majority of two to the guilty side when you have 13 against 11. Or the גמרא says, בסנהדרי גדולה ואליבא דרבי יהודה דאמר שבעים. You could also find a case of a majority of two by the סנהדרי גדולה, but that would only fit according to רבי יהודה. Because as we said before, the חכמים hold a סנהדרי גדולה needs 71, רבי יהודה says 70. Now, according to רבי יהודה who says 70, so here there is a possibility to have a majority of two. Because since according to רבי יהודה there's an even number, there's a possibility to have 34 against 36. 34 will say innocent and 36 will say guilty. But according to the חכמים who say you have to have 71, so you never could have that you should a majority saying guilty of only two. It'll be or a majority of one or a majority of three. Then the גמרא continues, ואמר רבי אבהו, also did רבי אבהו say, במוסיפין, that when one person in the בית דין says, "I don't know", and the דין is that you have to add two more, עושין בית דין שקול לכתחילה.

So then לכתחילה you make a בית דין that is an even number. Because since לכתחילה the בית דין is an odd number, the one that says, "I don't know" is not counted, so we're back to an even number, and when you add two, you still have an even number. So לכתחילה you're going to make a בית דין now with an even number. So the גמרא says, פשיטא. Simple! If the one that says, "I don't know" is not counted, so you're left left with an even number, so if you're going to continue adding two, you'll always have an even, even number לכתחילה. The גמרא says מהו דתימא, I would have thought האי דקאמר איני יודע כי מאן דאיתיה דמי, that the one that says "I don't know" is considered as if he is part of the בית דין. And therefore ואי אמר מילתא, if he says something, שמעינן ליה, we listen to him. If he gives an opinion, we take his opinion into consideration. קא משמע לן, so he lets us know, that רב אבהו lets us know, that האי דקאמר איני יודע, the one that says "I don't know", כי מאן דליתא דמי, it's as if he doesn't exist. And that's what he meant to say, that you make an even number לכתחילה, that you disregard the one that says "I don't know". And ואי אמר טעמא, if he says a reason, if he gives an opinion, לא שמעינן ליה, we don't listen to him, we don't take it into consideration at all. Then the

גמרא continues, אמר רב כהנא, רב כהנא says, סנהדרי שראו כולן לחובה, the סנהדרין, all of them, saw it for guilty, in other words, they all said that he is guilty, every single one, and this is in the case of capital punishment, פוטרין אותו, we make him פטור. Then we say that he is פטור. מאי טעמא, what is the reason? כיון דגמירי, since we have a דין, הלנת דין, that we have to let the דין stay overnight, למהדר לזכות, in order to say make a זכות for him, in a case where they couldn't find a זכות for the person, so the דין is you don't give out the verdict right away, you have to wait till the next day, just in case they will find some kind of זכות overnight. So in a case like this where all of them said חייב, והני תו לא חזו ליה, they can't see anymore. In other words, there is no chance for him to have a זכות now, because if they all said guilty, then obviously it is very obvious, so there is no way that they could find a זכות, and since they can't find a זכות, this itself spoils the verdict, because there has to be an ability of finding a זכות, and since in this case there isn't, so automatically, this person is not חייב. Then the

גמרא continues, אמר רבי יוחנן, and רבי יוחנן said, אין מושיבין בסנהדרי, you cannot appoint into the סנהדרין אלא בעלי קומה, people who are of great stature, or people who are tall, ובעלי חכמה, people who have חכמה, ובעלי מראה, people who look nice, ובעלי זקנה, people who are of age, ובעלי כשפים, and those that know כשף, know magic, just in case that amongst other people there will be some who will through magic try to spoil the דין of the בית דין, and try to avoid certain things, so they have to know magic in order to counteract that. And also ויודעין בע' לשון, they have to know the seventy languages. The reason is שלא תהא סנהדרי שומעת מפי המתורגמן, so the סנהדרין shouldn't have to listen through an interpreter. Just in case one of the בעלי דין will not be able to speak לשון קודש, he will speak a different language, so then the only way the סנהדרין will be able to listen to him will be through an interpreter, and you're not allowed to do that, so therefore, you have to have in the סנהדרין people who understand

all languages. אמר רב יהודה אמר רב, רב יהודה said in the name of רב, אין מושיבין בסנהדרי, you do not appoint in the סנהדרין אלא מי שיודע לטהר את השרץ מן התורה, only somebody who's so smart that is able to say and bring ראיות from the תורה that a שרץ is טהור. We know that the תורה says that a שרץ is טמא. There are שמונה שרצים, there are eight reptiles the תורה says that if they die and a person touches them, you become טמא, while other animals, etc., are not מטמא. So you have to be so smart that you could try to bring ראיות from the תורה that a שרץ really is טהור, even though the תורה says clearly it's טמא, but you have to be so smart to be able to figure out a way to prove that a שרץ is טהור. If you're that smart, then you could be appointed as a member of the סנהדרין. אמר רב, and רב said, אני אדון ואטהרנו, I am able to find a way of making a שרץ טהור, I have a לימוד to make it טהור. What's his לימוד? He says like this: ומה נחש, matter of fact, a snake, שממית, that kills, ומרבה טומאה, so it multiplies, it brings more טומאה, because when a person dies, he is טמא. The snake who kills people brings more טומאה into the world, nevertheless טהור, the snake himself is טהור. שרץ שאינו ממית, a שרץ that does not kill, ומרבה טומאה, and it does not add טומאה, אינו דין, certainly, שיהא טהור, he should be טהור. So this is a קל וחומר to show that the שרץ is טהור. But the גמרא says ולא היא, it is not so, this is not a good קל וחומר, because מידי דהוה, דהוה אקוץ בעלמא, like a thorn. When you have a thorn that could prick somebody, it could kill him too, so the thorn also adds טומאה in the world, and nevertheless, no one will ever say that a thorn is טמא. So this shows that the fact that it makes more טומאה in the world is not connected at all to itself being טמא. Then the גמרא continues, אמר רב יהודה אמר רב, רב יהודה said in the name of רב, כל עיר שאין בה שנים לדבר ואחד לשמוע, any city that doesn't have two people that are able to speak all other languages. A city doesn't have at least two people who could speak all other languages, and one that, even though he can't speak, but at least he understands then you don't make a סנהדרין there, because within a סנהדרין you must have at least three people who understand other languages, all other languages, and out of the three, at least two has to be able to speak. ובביתר הוו שלושה, in ביתר you had three. וביבנה ארבעה, in יבנה you had four. And who were they? רבי אליעזר, and רבי יהושע, and רבי עקיבא, and שמעון התימני דן לפניהם בקרקע. שמעון התימני, he was not in their level. He was still younger, so he wasn't part of them, but nevertheless he sat on the ground, and he discussed the things with in front of them, and he was also amongst those that understood other languages. Then the גמרא says מיתיבי, I will ask you a קשיא.

We just had said that you must have at least two who are able to speak all other languages, but we learned שלישית, if a בית דין has three that could speak all languages, חכמה, that's called a smart בית דין. רביעית, if it's a בית דין that has four that speak all other languages, אין למעלה הימנה, there's nothing greater than that. So we see that you must have at least three who speak all languages, and before we said that you have to have only two who speak. And the גמרא answers: הוא דאמר כי האי תנא, that רב, who said that two is enough, he holds like another תנא, from another ברייתא. דתניא, we learned in a ברייתא: שנייה חכמה, that if you have two people speaking all languages, it's called a smart בית דין. שלישית, if you have three, אין למעלה הימנה. It is not you can't have a greater בית דין than that. So we see that this ברייתא holds that two is enough, and רב followed the opinion of this ברייתא. Then the גמרא continues giving certain כללים, certain rules, in the different expressions that we find in the גמרא. Sometimes we find in the גמרא expressions that they learned, and they said, etc., and it doesn't say who they were, so here the גמרא will give general rules to these different

expressions. The גמרא says like this: למדין לפני חכמים, when it says that they learned in front of the חכמים, who was that? That was לוי מרבי, that means that לוי learned from רבי. When it says דנין לפני חכמים, that they discussed and judged in front of the חכמים, that means that they were not as great, but they were able to sit and discuss in front of the חכמים. Who were they? שמעון בן עזאי, and שמעון בן זומא, and חנן המצרי, and חנניה בן חכינאי. רב נחמן בר יצחק מתני חמישה. רב נחמן בר יצחק learned five, because the opinion we had just mentioned, they were four: שמעון בן עזאי and שמעון בן זומא and חנן המצרי חנניה בן חכינאי. רב נחמן בר יצחק learned that they were five. He added one. Who were they? שמעון, the first שמעון we mentioned before שמעון בן עזאי, שמעון, the second שמעון, which was שמעון בן זומא, and he adds a third שמעון, another שמעון התימני, as רש״י says, and then the other two also, חנן and חנניה. Wherever it says רבותינו שבבבל, our רבי'ס of בבל said something, that refers to רב and שמואל. רבותינו שבארץ ישראל, when it says our רבי'ס of ארץ ישראל, that is רב אבא. When it says דייני גולה, that means דיינים of the גלות, that refers to קרנא. When it says דייני דארץ ישראל, the דיינים of ארץ ישראל, that is רב אמי and רב אסי. When it says דייני דפומבדיתא, the דיינים of פומבדיתא, that is רב פפא בר שמואל. When it says דייני דנהרדעא, the דיינים of נהרדעא, that is רב אדא בר מניומי. When it says סבי דסורא, the זקנים, the elders of סורא, that is רב הונא and רב חסדא. When it says סבי דפומבדיתא, the old elders of פומבדיתא, that is רב יהודה ורב עינא. When it says חריפי דפומבדיתא, the sharp ones of פומבדיתא, that is עיפה ואבימי בני רחבה, that's עיפה and אבימי, the children of רחבה. Wherever it says אמוראי דפומבדיתא, the אמוראים of פומבדיתא, that is רבה ורב יוסף. אמוראי דנהרדעא, when it says אמוראים of נהרדעא, that is רב חמא. When it says נהרבלאי מתני, that נהרבלאי learned, that is רמי בר בריבי, רמי the son of רבי. When it says אמרי בי רב, that was said in the ישיבה of רב, that is רב הונא. The גמרא asks, how can you say that when it says the לשון it was said in the ישיבה of רב it means רב הונא? והא אמר רב הונא אמרי בי רב, because we find sometimes when רב הונא said that it was said in the ישיבה of רב. Now, if when we say it was said in the ישיבה of רב, it means it was said by רב הונא, so how could רב הונא himself say it was said in the ישיבה of רב? אלא, what did we mean? רב המנונא. That whenever it says it was said in the ישיבה of רב, it means רב המנונא. אמרי במערבא, when it says it was said in מערבא, which means in ארץ ישראל, that is רבי ירמיה. When it says שלחו מתם, they sent from there, they sent from ארץ ישראל, that is רבי יוסי בר חנינא. When it says מחכו עלה במערבא, that they laughed upon it in ארץ ישראל, when a certain thing was said, and the גמרא uses the לשון that they laughed about it in ארץ ישראל, who did it, who laughed, who was it? רבי אלעזר. Then the גמרא asks, how can you say that? והא שלחו מתם כדברי רבי יוסי בר חנינא. We said before that whenever it says שלחו מתם, they sent from there, who was it? It was רבי יוסי בר חנינא. But we find a place where it says that they sent from there saying that according to רבי יוסי בר חנינא etcetera. Now if the one that sent it was always רבי יוסי בר חנינא, so how could the גמרא say that they sent from there that according to the opinion of רבי יוסי בר חנינא so-and-so, when he is the one that sent it? אלא איפכא, therefore we have to change it around. That whenever it says שלחו מתם, they sent from there, that is רבי אלעזר. The one that originally we had said that he was when it says they laughed in ארץ ישראל, that referred to רבי אלעזר, and when it says they sent from ארץ ישראל is רבי יוסי בר חנינא, now we're changing it. That when it says they sent from there, that is רבי אלעזר. When it says מחכו עלה במערבא, that they laughed on it in ארץ ישראל, that is רבי יוסי בר חנינא. Then the גמרא

continues, we learned in the משנה: וכמה יהא בעיר ותהא ראויה לסנהדרין? מאה ועשרים. That how much people must a city have in order to be fit to have a סנהדרין, it must be at least 120 people, וכולי etcetera. And the משנה continues, רבי נחמיה said that you have to have at least 230, כנגד the שרי עשרות. When משה רבינו appointed judges, it says he appointed judges over thousands and over hundreds and over tens. So therefore, when you have judges in the city, you must have the 23 judges should be able to be at least each one over ten. And since 23 * 10 is 230, that's why he said you must have at least 230 people in the city. Then the גמרא says that according to the first opinion, you must have at least 120. So the גמרא asks: מאה ועשרים מאי עבידתייהו? What is the חשבון of 120? Why 120? And the גמרא says like this: עשרים ושלשה כנגד סנהדרי קטנה, 23 of them should be סנהדרי קטנה. Then ושלש שורות של עשרים ושלשה, you have to have three lines of 23 people. Those are תלמידים who sit around when the trial takes place, that just in case we will need more to add because there will be one person who will say I don't know, so you take it from those תלמידים. And as the גמרא explains other places, you have to have three lines, each one of 23. So together, הרי תשעים ושתים, it's already 92. Then ועשרה בטלנין של בית הכנסת. A city must have ten בטלנים, that means 10 people who don't work and are always ready to participate in the מנין. You must have 10 people in the city, otherwise it says it's not called a city, it's called a כפר, it's called a village. In order to have the status of a city, you must have at least עשרה בטלנים. So together, הרי מאה ושתים, you already have 102. ושני סופרים, then you have to have two people who could write. That means that they have to write down the notes for the prosecution and defense. שני חזנים, a city must have two חזנים. שני בעלי דינין, and you must have enough people that you should have those that should have a דין תורה to go to court, so you must have two בעלי דינים. ושני עדים, you have to have also enough that you should have two people to be witnesses. ושני זוממין, and two people should be able to be מזים those two witnesses, because we have a rule that any witness, any testimony that is an עדות שאי אתה יכול להזימה, it is a testimony that you cannot be מזים. מזים is that when two עדים come and say that they saw this and this thing take place, and two other people come and say, "How can you say that you saw that take place? עמנו הייתם, you were with us at that time when that took place", so then the דין is that the first group of עדים who are found false, ועשיתם לו כאשר זמם לעשות לאחיו, the תורה says you should do to them what they wanted to have done to the one they testified about. And in order for a testimony to be valid, it has to be in such a way that they should be able to get הזמה. If it is a testimony that you can't be מזים them, then this testimony לכתחילה is not valid. So therefore in this case when we say that we have to have enough people that you should have two בעלי דינים and then two people should be עדים, you also have to have two more people that they should be able to become the עדים that will be מזים the first group. And then you have to have ושני זוממי זוממין, that the second group who is going to be מזים the first, you could never know, maybe they could be hired falsely by the other side. So you have to have that they also should be able to become הוזם. There should be two more people that you should be able to be מזים the second group of עדים that will be מזים the first group. So all together, הרי מאה וארבעה עשר. So we already have 114. Now we need six more, because we said there has to be 120. תניא, we learned in a ברייתא: כל עיר שאין בה עשרה דברים הללו, any city that doesn't have these ten things, אין תלמיד חכם רשאי לדור בתוכה, a תלמיד חכם is not allowed to live in it. It has to be a בית דין מכין ועונשין, a בית דין that should be able to hit and punish. וקופה של צדקה, there has to be a fund of צדקה. And the fund of צדקה is נגבית בשנים, it's collected by two people, ומתחלקת בשלשה, when the money of the צדקה is divided, it has to be divided by three people. And a city also must have a בית הכנסת, a שול, ובית המרחץ, a bathhouse, ובית הכסא, a bathroom. רופא, a doctor. And as רש״י says, it doesn't really mean a doctor just to cure, but it means a מוהל to be able to מול the children. ואומן, that means a person who is able to draw blood. ולבלר, that's a סופר to write ספרים. And then there's a גירסא, וטבח, which is a butcher. ומלמד תינוקות, and also a teacher of children. So here we see that we must have all these

people. And as רש״י explains that from all these people, if we look at what is counted in the six that have to be added to the 114 in order to make up 120, so בית דין itself we can't count because we are talking about a בית דין, we have mentioned בית דין before. What we do count is the ones that have to collect the צדקה, and the ones that have to divide the צדקה, so that's two and three, that's five. And one more person who could do all the rest of the jobs. He could be the רופא, and the אומן, the לבלר, and the מלמד. So that makes six. So with the 114 we have before and the six now, together it's 120. And that's how we get the חשבון of 120. And the ברייתא continues, משום רבי עקיבא אמרו, in the name of רבי עקיבא they said, אף מיני פירא, we also have to have a certain kind of fruit in that city in order to be able to live there. מפני שמיני פירא מאירין את העיניים, because different fruits make light the eyes. That means they are good for the eyesight. And therefore, in order to live in the city, you must have that too. Then the גמרא continues, רבי

נחמיה אומר. We said in the משנה that רבי נחמיה said that you must have a 230 in the city in order to have a בית דין, וכולי, et cetera. But the גמרא says, תניא, we learned in a ברייתא, רבי אומר, רבי says, מאתים ושבעים ושבעה. But in order to have a בית דין you must have 277. And the חשבון of 277 is because he holds like רבי נחמיה that you must have 230, but he says you also have to have another 47. Because as we said before, the דין is that if you have a בית דין of 23, which the city will have, and out of the 23 11 say זכאי and 11 say חייב, and the other one, the 23rd says, "I don't know," so what we do is we add two more. Now, if out of the two, one says זכאי and one says חייב, we add two more. And if this happens again that one says זכאי, one says חייב, we add two more, and we go on up to 70. According to רבי יהודה, up to 70, and according to the רבנן, up to 71. And this is what the ברייתא means, that you have to have 277. Because you have to have 230 plus 47 more that you should be able to add up to 70.

But then the גמרא says, ותניא, didn't we learn in a ברייתא, רבי אומר מאתים שבעים ושמונה, that you have to have 278. And in this ברייתא we just said you have to have 277. And the גמרא says, לא קשיא, it's not a קשיא. הא רבי יהודה, הא רבנן. One goes according to רבי יהודה, one goes according to the רבנן. The ברייתא that says that 277 is enough goes according to רבי יהודה. רבי said that according to רבי יהודה. According to רבי יהודה, a סנהדרי גדולה is 70, so then the דין is that when we add two more and we continue adding two more to the סנהדרי קטנה, we go up to 70. וממילא, when we have a 230 like רבי נחמיה said, so we need 47 more to get up to 70. So therefore he says, all we need is 47 more, so together it's 277. But according to the רבנן, who hold that a סנהדרי גדולה is made up of 71, so then when we continue adding, we have to have till 71. So when we have 23 לכתחילה, we have to have 48 more people in order to have up to 71. And therefore, all together 230 and 48, according to this opinion will be

278. Then the גמרא continues, תנו רבנן, the רבנן learned, it says in חומש, ושמת עליהם, that he said to him, יתרו said to משה, "You should put upon them, you should appoint, שרי אלפים, these are דיינים, judges over thousands, שרי מאות, the שרים over hundreds, שרי חמשים, the שרים over 50, ושרי עשרות, and the שרים over tens." So the גמרא makes a חשבון of how many appointed people there were. שרי אלפים, the appointed people over thousands were שש מאות, were 600. Because since you had 600,000 אידן, and you had over each thousand one שר, so it comes out that you had 600 שרים. שרי מאות, the שרים over hundreds were ששת אלפים, were 6,000. For the same חשבון, if there were 600,000 אידן, so if you have over each 100 one שר, so that's 6,000 שרים. שרי חמשים, the שרים over 50s were שנים עשר אלף, were 12,000. Because if there were, since there were 600,000 אידן, and over every 50 there was one, that comes out to 12,000. שרי עשרות, the ones you had over the tens, שש ריבוא, that's 60,000. Because 600,000 divided by 10 is 60,000. נמצא, so it comes out, the דייני ישראל, that the דיינים the יידן had then were שבעת ריבוא ושמונת אלפים ושש מאות, were 78,600, because if you add all these up together, that's the חשבון that you get. הדרן עלך דיני ממונות, הדרן עלך דיני ממונות, הדרן עלך דיני ממונות. כהן גדול דן ודנין

אותו, etc. But תוספות asks a קשיא here on this last piece of the גמרא, that how can the גמרא say that this was the חשבון of the שרים that you had, when really it should be much less? Because when you first made the שרים over thousands, and we said that was 600, now you have to take this, these 600 out of the 600,000, so you have with 600 less. So now when you're going to have the שרים over hundreds, it's not going to be שרים over 600,000, it'll be שרים over 600,000 minus 600. And then, when we said that we have a certain amount of שרים that were שרי מאות, when you're going to take them out of the חשבון and you're going to appoint now the שרי חמשים, you won't have שרי חמשים over 600,000 יידן, you will have over 600,000 יידן minus those who were already appointed as the שרי מאות. And the same when you come to the שרי עשרות, you will not have the שרים over 600,000, because you'll have to take out those that were already appointed as the שרי אלפים, שרי מאות, and שרי חמשים. So it should be

much less. So one פשט תוספות says is that amongst the שרים, it's possible that you had people who were older than 60 years. Because we know that when we count 600,000 of יידן, that is only יידן who were from 20 years old up to 60 years old. So it's possible that when they appointed the זקנים, could be some of them were older than 60 years old. When it came to the שרי עשרות, תוספות says it's possible that they were amongst from the בני עשרים, that they were part of the חשבון. And each one of them was a שר on nine, and he was the tenth. So if you make the חשבון that way, it comes out that you could have 600,000 יידן, and nevertheless, you have the שרים as the גמרא makes the חשבון. But another פשט that תוספות says is as follows: that באמת they were not different people. They started מלמטה למעלה. They started first that they appointed שרי עשרות. They appointed people on all ten, which means that they had nine and one was appointed, and that's the חשבון of ten. Now, out of the שרי עשרות that they made, the best ones of them were turned into שרי חמשים. And the best ones of the שרי חמשים were turned into שרי מאות. The best ones of the שרי מאות were turned into the שרי אלפים. So they were not different people that were שרי אלפים and then we went the other way and they were excluded from the חשבון. They were all included in the חשבון. Now according to that, we have the proper חשבון as the גמרא makes

it right here. Concerning what we learned before, the חשבון of 120 people in the city in order to be ראוי to have a סנהדרי קטנה, so we said first 114 the חשבון, then the גמרא brought the ברייתא from where we saw six more. So we said before according to רש״י who are the six: so there are two people who have to collect the צדקה, three people who give out the צדקה, that's five, and one person who will be all the things mentioned together, the רופא, and the אומן, the לבלר, and the מלמד תינוקות. That's the way רש״י learns. But the רמב״ם and the רב learn different. They learn that the same two who collected the צדקה were from those who distributed the צדקה. The only thing is they added another person to them. It wasn't two and then three others who distributed it. There were the same two plus one more. So according to them, it seems as the מהרש״א explains, that who are the six that the גמרא means? They are the three who collect and then distribute the צדקה, and then רופא אומן, they are גורס not רופא and אומן, the ו, but רופא אומן together, so it's רופא אומן one more, that's four, and then a לבלר, the סופר, is five, and the מלמד תינוקות, that is six. Another interesting thing here which is כדאי to mention: when יהושע said, as it says in the גמרא before, that put upon them צרכי ציבור, upon אלדד ומידד, והם כלין מאליהן, so we quoted from תוספות before that what does it mean? That that will make the נבואה stop, because since we know that the שכינה does not rest unless you are בשמחה, and if they're going to start doing צרכי ציבור, they won't be בשמחה anymore, so that'll take away the נבואה from them. So מהרש״א says that it seems a מאדנע פשט, because if יהושע really believed their נבואה, then why did he want them to stop being נביאים? Why would he want that those people who say נבואת אמת, proper, true נבואה, should stop saying it? So therefore the מהרש״א says that if not for תוספות, he would have said a different פשט: that יהושע thought that really they are not proper נביאים. They're just making themselves look like נביאים, and this was only an act of גאוה. So what he said to משה רבינו was, הטל עליהם צרכי ציבור, they want to act like נביאים, אדרבה, put them together with the other 70 Make them part of them and let them have the צרכי ציבור as they would like. But then, when they will start doing that, everybody themselves will see that they are not true נביאים, because they will see from their actions that they are not right נביאים. And that's what he means: הטל עליהם צרכי ציבור, put the צרכי ציבור upon them. Make them part of the other שבעים. והם כלים מאליהם, by themselves they will stop saying נבואה. People will realize that this is not a true נבואה. Another interesting thing that the מהרש״א says, that before we found a מחלוקת in the גמרא of how many people must be in a סנהדרין that are able to speak all 70 languages. One opinion was that you must have at least three, and one opinion was that you must have at least two. So the מהרש״א says, what is the reason for their מחלוקת? He says because we find in the beginning of this פרק that there are two מאן דאמר's, one מאן דאמר holds that there is twice the word אלקים that says in the פרשה concerning סנהדרין, and another מאן דאמר holds that there are three times the word אלקים. Now we know that the word אלקים means מומחה, that you have to have a person who is an expert, and it also means a person who is smart. As it says concerning the עץ הדעת, when השם didn't want אדם הראשון to eat from the עץ הדעת, it says if you'll eat from the עץ הדעת, והייתם כאלקים, you will be like אלקים, which means you will be like the מלאכים in חכמה, because אלקים refers to מלאכים also, and he said you will be like אלקים, that means you will have the חכמה like the מלאכים. So when it says concerning a בית דין the word אלקים, it means a person who is very smart, who is like the מלאכים. Now we know that the מלאכים know the 70 languages. As it says in the פרק אלו נאמרין that יוסף, גבריאל, the מלאך גבריאל came to teach him the 70 languages. So we see that a מלאך knows the 70 languages. So therefore, when it says in the תורה concerning a בית דין the word אלקים, it means that you have to have a person that knows the 70 languages, because he has to be כאלקים like the מלאכים. So according to the opinion that says that twice the word אלקים it says by בית דין, he holds that you have to have two people who are like מלאכים, two people who can speak the 70 languages. According to the opinion that says that there are three times the word אלקים by בית דין, according to this opinion, you must have three members of the בית דין that are able to speak the 70 languages like a מלאך. Another thing important to mention in this סוגיא is that when the גמרא said before that סנהדרי שראו כולן לחובה פוטרין אותו, מאי טעמא? כיון דגמירי הלנת הדין למעבד ליה זכותא, והני תו לא חזו ליה, and as we learned before the פשט is that if there is a סנהדרין that they all say that he is guilty, not one says that he is innocent, פוטרין אותו, you פטור him. And the reason is because in a case where you cannot find a זכות for him, you have to let the דין stay overnight in order maybe overnight they will find a זכות. But in this case, since they all say guilty, they certainly will not find a זכות, and therefore he is פטור. That's the way we learned the פשט, and that's the way most of the ראשונים learned the פשט, and that's the way the רמב״ם learns the פשט, as he פסק'נס in ספר משנה תורה. But it's interesting that the רמ״ה, who lived in the time of the רמב״ם, he has a complete different פשט in this גמרא, just the opposite. He says what the גמרא means is סנהדרין that they all saw לחובה, if they all said that he was guilty, and not one person said that he is innocent, פוטרין אותו, right away we let go of him and we kill him right away. He says פוטרין אותו למיתה. Normally, when a person is guilty in a case where not everybody said guilty, but the majority said guilty, so then the דין is that you have to wait till the next day, just in case during the night the other people will find a זכות. But in a case where they all said guilty, so then פוטרין אותו מיד למיתה, right away he gets killed. Not like we learned that פוטרין אותו means he becomes פטור, he doesn't get killed at all, but he learns the פשט, פוטרין אותו למיתה מיד, that right away he gets killed. And that's what the גמרא continues: מאי טעמא, what is the reason? כיון דגמירי, since we know הלנת הדין למעבד ליה זכותא, that the whole idea why normally do we have to wait till the next day is in order to find a זכות on him maybe, some of those who felt that he is guilty will find a זכות and say innocent, but הא תו לא חזי ליה, this case where everyone said guilty we are so sure that no one will find a זכות, and therefore we kill him right away. And this is an opposite פשט as the accepted פשט in this גמרא. Another thing interesting to mention here is when the גמרא told the story of the נביאים אלדד ומידד, and יהושע was upset, and he said to משה, "אדוני משה כלאם", and the גמרא asks that מילא, according to the opinion that the נבואה was concerning the שלו or concerning גוג ומגוג, we understand why משה answered הלוואי that all the יידן should be נביאים. But according to the opinion that the נבואה was "משה מת ויהושע מכניס לארץ", why did משה answer הלוואי all the יידן should be נביאים, as if משה was happy with this statement? לכאורה, he shouldn't have been happy with it. And the גמרא says לא סיימו קמיה, which means they didn't finish it in front of him. So the simple פשט seems to be saying that they didn't tell משה the whole נבואה. But they did tell him part of it, they just didn't tell him the whole thing. So it seems as if the גמרא is saying that because they didn't tell him the whole נבואה, they just told him the first part, that משה מת, that משה will die, but they didn't tell him that יהושע מכניס לארץ, that's why משה didn't mind. So the ערוך לנר asks a קשיא, לכאורה it's still not understood. If they told him the first part of the נבואה, that משה will die, why didn't he mind that? לכאורה that is even worse than the second half. The second half is only that יהושע will take the אידן in ארץ ישראל, but the first half is the bad one. The first half says that משה will die. משה should have been upset with the first half more than with the second. So what kind of answer does the גמרא give that they didn't tell משה the whole thing, they just told him part of it? So the ערוך לנר answers, the גמרא says in סוטה in the first פרק, למה נתאוה משה ליכנס לארץ ישראל? Why did משה so much want to go to ארץ ישראל? וכי מפריה היה מתאוה לאכול? What, did he want to eat from its fruit? אלא לקיים מצות התלויות בארץ. The reason he wanted so much to go into ארץ ישראל, to be able to perform the מצות that are only done in ארץ ישראל. So based on this, he says, it's understood. Because when they gave the נבואה משה מת, and משה heard that's all they said, that משה will die, he didn't care. Because we understand that when משה didn't want to die, it wasn't just like other people who don't want to die because they want to continue living. That's not what משה wanted. משה wasn't afraid of death. As we טאקע see, the גמרא there asks: why did משה want to go into ארץ ישראל? The גמרא could have answered: he wanted to go into ארץ ישראל to live longer. That's no תירוץ. Because the גמרא knows that that's not what interested משה. So משה wasn't afraid of death. So when משה heard that they said that משה will die, he thought that all they're saying is that משה will eventually die. What they were saying was that משה will not go up into שמים alive, like אליהו did or like רבי יהושע בן לוי did, but he's going to die. So משה wasn't upset. But if he would have heard the second half of the statement, that יהושע מכניס ישראל לארץ, and he would have understood that since יהושע will take them in, and the rule is אין מלכות נוגעת בחברתה אפילו כמלא נימא, that a kingdom of one does not touch the kingdom of the other, so that would have told him that he will not go into ארץ ישראל, that means that he will not be able to fulfill those מצות, that's when he would have been upset. And that's the גמרא's קשיא. The גמרא asks: why wasn't משה upset when he heard the נבואה that משה will die and יהושע will take them in? So the main קשיא of the גמרא is concerning the second half, because when he heard that יהושע will take them in, that would show him that he is not going to go into ארץ ישראל, so he will not be able to perform those מצות. But the גמרא answers they did not tell him the whole thing. He only heard the first half, that they said משה will die, and that didn't bother him. So he will die, so he will not go up to שמים like אליהו, but he will die. So then he didn't care, and that's why he said הלואי they all should be נביאים. But had he heard the second half of the נבואה, that יהושע is going to take them to ארץ ישראל, he would have understood that he will not go into ארץ ישראל and would not be able to fulfill those מצות, that's when he would have been upset. And that's why the גמרא says that לא סיימו קמיה, they did not finish it to him.