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The last part of the daf dealt with
Rabbeinu Nissim in Sukkah.
If 100
dayanim sat down to preside over a
shaila, the halacha is if they make a
mistake, the only time Klal Yisrael is
going to have to bring the par of davar
sheal tzibbur if is if it was yaru
kulan. If all 100 of these dayanim
pasken this mistake.
And we mentioned that Rabbeinu Nissim is
saying two chiddushim. One chiddush
Rabbeinu Nissim is saying is that even
though ordinarily when it comes to Beis
Din the rule is ruba k'gula. So you
would think if rov of Klal Yisrael
pasken one way, you're supposed to
follow the rov. Turns out it was a
mistake, Klal Yisrael acted upon it, you
bring the par of davar sheal tzibbur.
When it comes to the halacha of par
davar sheal tzibbur,
rov is not enough, you need kulai.
What's the makor to that? When kol
Yisrael, kol is the rabbai's, not rubai,
but kol is the rabbai's even kulai.
Rabbeinu Nissim added to that and he
said that this would be true even if
there were more than 71 members of the
Beis Din. So let's say you have a Beis
Din and
Even then you would need all 100 of
those dayanim to go and to pasken and
make the mistake. But let's say you
would even have 71 of the 100 that would
make the mistake. That wouldn't be
enough. And even though ordinarily 71 is
the Sanhedrin Gedolah. But once you have
100, you need all 100 and this halacha
of kulai would apply to every single
person that's now partaking in this Beis
Din. Yanki showed me a Yerushalmi right
here in the beginning of Maseches
Sanhedrin that brings this halacha in
the name of a different Amora.
If 100 dayanim would enter the chambers
where the Sanhedrin sat, the only time
there would be a power helm double shot
to board is if all 100 of these dayanim
would make the mistake and base them
would act upon. Literally Rabbeinu in
Sukkah that we have here in Maseches
Sukkah.
Continues Yerushalmi and says as I come
on over there on Rab Zeira. Rab Zeira
said now where's there? So where there
is in Yerushalmi Maseches Sanhedrin
Perek Gimmel and Yerushalmi Maseches
Rosh Hashanah Perek Gimmel. But either
way Rab Zeira said that the whole issue
come on my remits at a hold. Now the
context over there was Ibra Shana. When
it comes to Ibra Shana so at the end of
the day whether or not base then was
going to be my Shana depended on the
vote, right? They had to hear what base
then had to say. Rab Zeira said there in
the Sugyas of Ibra Shana notice the
first perek is on Ibra Shana that's one
of the places it's mentioned in Bavli
and Rosh Hashanah that's where the Ika
Sugya is. But the bottom line is that
over there Rab Zeira said that when it
comes to Ibra Shana you need the whole
issue you come on my remits at a hold.
You need that all the dayanim should not
only agree but you need that all the
dayanim
should agree for the same exact reason.
Says the Yerushalmi the car this is real
Yerushalmi sprach ma. What is the car ma
mean? Not car ma car ma, right? What is
the car ma mean? The car of the dove and
to come to the halacha from parim double
shot to board ma. Would you have that
same tonight or would you not have that
same tonight? It's a fascinating
Yerushalmi.
The Yerushalmi brings the halacha of the
Bavli. This halacha that the Gemara said
two of the Rabbeinu and two of the and
that is that when it comes to the parim
double shot to board you need every
single member of the base then to be in
agreement. But the Yerushalmi wanted to
know should we also apply but this is a
chiddush, right? Because ordinarily
we're making a kullah. We're applying a
chiddush. Should we apply another
chiddush? Should we also apply a
chiddush that you find in the laws of
Ibra Shana and that is that the only
time we can pass can based on a
consensus of Beis Din is number one if
all the dayanim are in agreement this is
that you have over here, but also they
all have to be saying what they're
saying for the same reason.
Is that going to be true when it comes
to the par of tzirbor or not? And the
Beis Din leaves with a shaila. So let's
just explain the shaila a little bit
better. You remember in the first of
Sanhedrin the talked about different
reasons that Beis Din can sometimes be
shama.
It could be done for this reason, could
be done for that reason. The says that
when the dayanim got together the only
time they were
number one if all the dayanim that were
there felt you should be
and they all were coming to for the same
reason. But if one said for this reason
and the other one said for that reason
even though they ended up in the same
place, he took the parkway and he took
route nine. They both ended up in 08701.
It doesn't matter. You have to manage to
go the same way. If you don't get there
in the same exact way, you're not going
to have this
so clearly the
I can hear that being that you find the
first dish that you find here regarding
that is it's not enough
you need everybody. So what would that
be? Do you also need that they should
all be coming for the same reason or do
you not need that they should all be
coming for the same reason? And the
leaves it as an
The truth is the truth is
that
when it comes to paskening the love
when it comes to a Beis Din and
we're going to go
with the dayanim, you don't need that
the dayanim should come to their
for the same reason. And the to this is
a
The says
this is in
but in dayanim it's in
it's base. If there was a negative
you always follow the rabbit. But
even if the are not coming for the same
reason and
after the they have to have each one is
coming from his own angle.
Being that at the end of the day they
agree with the rabbinic considered
rabbinic
and we go
because you see that ordinarily
ordinarily you don't have to be in
agreement. It's not
the
it's also true by
why do you have to
because you see that other similarity to
that you need that all the should be in
agreement. So maybe it has this
similarity as well that they all should
they all should all have to be coming
for the same reason.
But you see from here that ordinarily
that's not the case. So I just want to
share with you
all of that was left on the table when
we decided
and this is from my going to remove
emotion. This is the
in my
in Sanhedrin number
he was talking there about
if you want to look it up about the
concept of
we know in Yeshiva this is always a big
like how does work how does work how do
work is
is
that famous I can
you have a so what do you do when you
have a
you go
each what is do is
the
meaning to the extent that I have a
so now
it's not
or it's not necessarily the but this is
like the
when in doubt there's certain rules and
guidelines that you're able to follow
one of those guidelines is
you're going to go to the the past this
in Yeshiva is that is
is a
that's why
it's not that is
better than
but
the mayor
doesn't go
but you don't find anywhere that the
mayor doesn't go
but you can't
really
really really really not good. But the
point is is that usually you learn that
Roy was a bear, but Hazaka is a Hanaka.
Even in Roy being a bear, everyone knows
the rush, right? The rush in the Sugya
of Takfu Cohen that says even though Roy
was a Mavar, but me they say to me not
good. It's still a Safek. That's the
famous kosher. That's mention of Pnei
Yehoshua and Sha'arei Shma'itza. That's
the case when you have a Roy and it's a
Safek to me Robin. If it's all Safek,
you should say Shvei Geta. Right? The
matter came in the forum really really
in the forum really really not for now.
But here's the bottom line. The bottom
line is this is always the big question.
The big Hakira ask any Yeshiva bochur in
the world, right? He's going to tell you
11 Hakiras in terms of how do you look
at a Roy? Right? Is Roy the Mavar? Is
still a Safek? Is not still a Safek?
Says Rav Reuven Margolis something very
very profound. To me this was very very
novel.
Rav Reuven Margolis says, "Haga
Atzmecha." He says, "Think about this
for one second."
So you have a a Beis Din that's
presiding over Dinei Nefashos. And
there's 23 Dayanim on this Beis Din.
13 say Zakkai, 10 say Chayav. What's the
Halacha? It's Zakkai.
Or if 13 say Chayav and 10 say Zakkai,
what's the Halacha? This person is going
to be Chayav. The Rama says, we just
quoted the Rama one second ago. And the
Makor seems to be in Yerushalmi right
here. That you don't need that all the
Dayanim should be saying the same thing,
right? So let's talk about the 13
Mezakeh. So one Mezakeh could be that I
hold that it's Motar because it's the
Rashba. The other one could say, "I
think it's Motar because it's the
Yerushalmi." The other one could say,
"It's because it's an Igros Moshe." The
other one could say, "What do you mean?
It's often a Halacha in Shulchan Aruch.
Yoreh De'ah Siman Kuf Lamed Zayin Daled,
right?" Everybody could say, "The other
one's going to say it's a good one." The
other one is going to say it's Piskei
Teshuva.
Everyone comes for another reason.
What's the Halacha? He's going to be
Zakkai. Says Rav Reuven Margolis, "I
don't understand. Because the Emes is,
if you plot it out, you ask 23 people,
all 23 people said something else. You
know what that means? Each one of these
23 people has 22 people that are saying
it from him. So, where's the right?
Where's the right? You tell me all the
10 guys that say right, they're
outvoted. What do you mean? The 13 guys
that say they're also outvoted. Because
there's not one person that agreed with
one of the guys.
You have 23 people that can't get along.
What else is new, right? That's really
what you have over here. These guys are
killing each other. Nobody can agree on
anything. Even the guys that are saying
saying to me that I'm a racist. No,
you're a racist. The master is
nobody that's agreeing with me. So,
everyone knows, where's the logic in
right? This way it knows it's fire. If
every person had to say the same thing,
so does it arrive. You have 13 people
that see the world exactly the same.
They all say
the same thing.
They're all saying the same thing.
They're all saying the same exact thing.
If they're all saying the same right,
this is an inside joke.
They're all saying the same thing. If
they're all saying the same thing, so
then
so then you understand. So, that's good.
You hear you have your right. But if
everyone is saying something else, then
everybody's really outvoted. If
everybody is outvoted, so where exactly
is the right? I'll tell you what this
reminded me of. It's you do it
Brisket. This is in safer. He was
talking about this situation, right?
That's why the we had with Sherry or a
good
He was talking about
Everyone knows that if you have a little
bit of something in the and the 60 times
of something else can the is is bottle.
So, he asked the man on the street, what
does it mean? He says, I got to taste
it. Right, that's what says if that's
the case, I want to ask you a question.
If you would take 1 oz
of 61 different beverages, so 1 oz of
scotch, 1 oz of bourbon, 1 oz of
tequila, 1 oz of vodka, and you would
fill up 61 oz, you drink it. You're not
going to get drunk, right? It's not
going to taste like anything. You'll be
sick as a horse, right? It's not and it
tastes like anything? Of course it's
going to taste like something. Like,
what do you mean? Each one of these
ounces, each one of these minim is
bottle beshishin. I thought when it's
bottle beshishin it's not going to come.
No, the time is a dumb college and the
time is bottle. It's not a time that has
the ability to go ahead and to make it
awesome.
He says you have 23 dayanim. Every
person is saying something else. Each
guy is bottle to the 22 other people. So
that's the case, where exactly is the
beirah? So he said it's poshit to him
from this halacha, from this ramah.
State that dover gotel. And that is, he
says, to me it's poshit that the Torah
is telling us that acharei rabbim
l'hatos is lav dafka beirah. There's a
din called acharei rabbim l'hatos. And
being that there's a din called acharei
rabbim l'hatos, that's why we follow
rov. It's a gezeiras hakasuv that you
follow rov. Because if it was a svara
b'alma, to me, I don't know. If the
dayanim are saying the same thing,
b'meilo. But if they're saying something
else, just like the mu'at are
technically the minority, the rabbim are
also the minority because each person's
din is technically mufrakh by everybody
else's din. And af ilu hachi, you go
b'asarei rov. He said, "Dam is this is
another raya to this. Because why is it
that you don't find anywhere, whenever
you have an acharei rabbim l'hatos, you
should take into account who exactly it
is that's voting?"
Let's be honest. At the end of the day,
you have a beis din of 23. You're not
going to tell me all 23 of these dayanim
were on the same level, right? I mean,
it's poshit as I not all acharonim are
on the same level. What can you do?
So it's it's poshit that's the way it
is. So how is it possible that if you
have a beis din and the beis din's made
up of 23 dayanim, you don't find
anywhere that we take into account the
eikhus of the individual dayanim? As
long as there's a rov, you go b'asarei
rov. Nothing else matters. He said,
"That, too, is very, very mashma to me
that acharei rabbim l'hatos is a din.
It's gezeiras hakasuv. It's ruled in
beer.
But at the end of the day, you can't
tell me it's a color beer. And I think
this would be very much here with the
famous rush that every time you have a
right me, they say nothing. Russian talk
to come which we're not getting into
right now. At the end of the day, the
right doesn't have the ability to be
metallic the subject either way.
Very interesting halacha which at first
glance sounds like a technicality. Do
you need all the people that are saying
exactly to be saying exactly for the
same reason and all the people saying
to be saying exactly for the same
reason. It's an
It's not debatable. It's an
seems to come from
right here in the beginning of related
to this
of
and I go fascinating thesis. Again, this
is food for thought. So just
something to think about a little bit
that the extent that you can go
even when every day is saying something
else. Well, that means that every day,
even the members of the are technically
in the minority. If they're in the
minority, what happened to the right? I
don't
have his theory. Does it stand with all
the in Yeshiva? I don't think so. But at
the same time,
I don't have
but that is
a little something to think about.