Sanhedrin 35 - January 21, 21 Tevet

Today's daf is sponsored by Susan Cashdan in loving memory of her father Yitzchak ben Moshe Chona. Today's daf is sponsored by Hannah Piotrkowski. "May our learning be a segula for the safe return of the five "תצפיתניות" (IDF observers) Liri Albag, Karina Ariev, Agam Berger, Daniella Gilboa, and Naama Levy." Today's daf is sponsored by Susan Kurzmann in honor of the yahrzeit of her mother, Rivkah bat h'Rav Simcha Bunim, A"H. "My mother showed my siblings and me through her example how wonderful and important it is to always keep learning." The derivation for the law that capital cases can only be judged during the day comes from Bamidbar 25:4 when those who had worshipped ba'al peor were hung in broad daylight. The verse there uses the verb "v'hoka" which is explained to mean that they were hung. The proof for that definition comes from the verse Samuel 2 21:6 when King David allowed the Gibeonites to kill the sons of Saul in an act of revenge. If the court wants to convict in a capital case, they wait until the following day, halanat hadin. Two different verses from Isaiah Chapter 1 are brought as a possible source for this law. Because of that law, capital cases cannot begin on a Friday as if they would convict, the case would need to be finished the next day and if the person was found guilty, they would need to execute on Shabbat and that is forbidden, as it is a violation of Shabbat. From here it is clear that capital punishment doesn't override Shabbat. Several kal v'chomers are suggested regarding what types of things could possibly override Shabbat, and whether or not they do is clarified. The first suggestion is of Reish Lakish, that burial of a met mitzva should override Shabbat. If a met mitzva overrides worship in the Temple and worship in the Temple overrides Shabbat, then shouldn't met mitzva override Shabbat!? The derivation that a met mitzva overrides worship in the Temple is learned from a verse about the nazir, Bamidbar 6:7. Rabbi Yochanan responds to Reish Lakish that the kal v'chomer he suggested is invalid as can be proven from implementing the death penalty which does not override Shabbat but does override worship in the Temple. The Gemara questions Rabbi Yochanan by suggesting another kal v'chomer that could teach that implementing the death penalty perhaps overrides Shabbat. Rava rejects this suggestion as a braita of Rabbi Yishmael brings a derivation from Shmot 35:3 "You shall not kindle a fire throughout your settlements on Shabbat" that teaches that the court cannot implement the death penalty on Shabbat.