Sanhedrin 72 - February 27, 29 Shvat

This week's learning is sponsored by Nira Feldman in loving memory of her mother Faye Darack z"l. "A devoted Hadran learner, she approached each day with a renewed curiosity to learn and grow, she continues to inspire us each day."  Today's daf is sponsored by Phyllis & Yossie Hecht in loving memory of Phyllis’s father’s, HaRav Yerachmiel Binyanim ben Zalman Tzvi Witkin on his 16th yahrzeit, “Jerry Witkin, the יושר לב, חבר לכל רואך וכל כך שמח בחלקו. We can only imagine the pride Dad must feel peeking down on his impactful legacy of 6 children, 28 grandchildren and continuous growth of great-grandchildren living lives of Am Yisrael b'Eretz Yisrael im Torat Yisrael! Dad, you are so missed and we have been so blessed. Yehi Zichro Baruch.” Today’s daf is sponsored by Rabbi Art Gould in loving memory of Carol’s mother, Irma Robinson, Hudda Bat Moshe on her 8th yahrzeit. “Irma built a rich life in the Chicago area. She loved to have the family over for special events. Sadly, four years after she was widowed, Irma developed Alzheimer’s. Carol and her sister Debbie were blessed that though her illness progressed, she never forgot who they were.” She and Carol are together in a different world, and this dedication will always remain the same.  Today's daf is sponsored by Naomi Cohen. "Mazal Tov to Jack, Rivka, Itzik and Yoni on the birth of a daughter and sister, Elisheva bat Yaakov v'Rivka, Ella - with love from Mum and Dad/Savta and Sabba." Assumptions are made about a rebellious child regarding the course his future will take and therefore he is killed to prevent him from sinning further. Similar assumptions are also made regarding a robber - the assumption is that a robber will come to kill if the owner of the house stands up against the robber, and therefore it is permitted to kill a robber. The Gemara discusses the circumstances in which one can assume the robber is coming to kill. Additionally, if at the time of the robbery the robber is viewed as a pursuer, there is a "death penalty" on the robber. Therefore, the robber is exempt from damages caused to property because of the law that if one incurs two punishments simultaneously, one is exempt from the more lenient one. Rav takes this even further to say a robber who can be killed is exempt from returning the stolen items.  Rava disagrees and only exempts the robber if the item is broken or gone. Our Mishna is brought to support Rava's interpretation. Another source is brought to raise a difficulty against Rava's position. The difficulty is resolved. Other drashot are brought on the verses regarding robbery, including laws that one can even kill a robber on Shabbat, in any way they want, and anyone can kill the robber, not only the one being robbed. Two different drashot highlight why the verse specifically brought the example of a robber in a machteret, i.e. breaking in, even though the law would also apply to one who climbs up to the roof or enters the courtyard (easily). One explains that it is the typical manner of robbers, while the other learns from here that one who breaks in is already considered forewarned and no warning is necessary before killing the robber. Rav Huna rules that a minor pursuer can be killed as well, as there is no need for a warning. Rav Chisda raised a difficulty from a Mishna in Ohalot 7:6 that if the mother's life is endangered during childbirth, if the head has emerged, one cannot kill the baby to save the mother, even if the baby is acting like a pursuer. The resolution is that the baby is not intending to kill the mother, as it is an act of God. In the earlier part of that Mishna it is explained that before the head has emerged, one can abort the fetus if it is causing risk to the mother, as the life of the mother takes precedence to an unborn fetus. A braita is brought to support Rav Huna's position and another is brought to contradict. However, both are rejected as inconclusive.