Sanhedrin Daf 49 סַנהֶדרִין דַף 49

The Gemara describes Yoav’s trial. בניהו asked him why he killed Avner, and Yoav explained he was the גואל הדם for his brother עשאל, whom Avner killed. בניהו argued that עשאל was a רודף – pursuer, who was trying to kill Avner, and Avner was permitted to kill him. Yoav replied: היה לו להצילו באחד מאבריו – [Avner] could have saved himself through injuring one of [עשאל’s] limbs, so killing him constitutes murder. He pointed out that Avner struck him precisely at the fifth rib, במקום שמרה וכבד תלויין בו – where the gallbladder and liver hang, and surely could have disarmed him with one of his limbs. Accepting his argument for killing Avner, בניהו asked him why he killed עמשא, and Yoav said he was a מורד במלכות – rebel against the king, because he did not carry out the king’s command to gather troops within the allotted time. בניהו responded that עמשא’s delay was because the men had begun learning Torah, and he darshened that one must not interrupt learning even for the king’s command. The Gemara concludes that Yoav was killed as a מורד במלכות for following Adoniyah’s rebellion.

The passuk says that Yoav sent messengers after Avner, וישבו אתו מבור הסרה – and they brought him back from “Bor HaSirah.” Rebbe Abba bar Kahana darshens this name: בור וסירה גרמו לו לאבנר שיהרג – a pit and a thorn caused Avner to be killed. This refers to two incidents when Shaul might have reconciled with Dovid, if not for Avner. In the first incident, Dovid had an opportunity to kill Shaul, and instead took his spear and water container (his "בור"), and in the second, cut off a piece of his cloak, demonstrating he did not want to kill Shaul. Instead of convincing Shaul of this point, Avner suggested in the first incident that a soldier had given the items to Dovid, and in the second, that a thorn ("סיר") tore his cloak. The passuk says Yoav took Avner aside to the midst of "השער" – the gate, which Rebbe Yochanan explains: שדנו דין סנהדרי – he judged him as a Sanhedrin would, by confronting Avner over his killing עשאל, with the argument above. Yoav took Avner aside to speak with him "בשלי" – in peace, which Rav darshens: על עיסקי שלו – regarding taking off a shoe. Yoav asked Avner how a woman without hands performs chalitzah, and when Avner bent forward to demonstrate removing a shoe with his teeth, Yoav killed him.

The seventh Perek begins: ארבע מיתות נמסרו לבית דין – four types of execution were given over to Beis Din: סקילה שריפה הרג וחנק – stoning, burning, beheading, and strangulation (listing in descending order of severity). Rebbe Shimon’s order of severity is שריפה סקילה חנק והרג. Rav Sechora said in Rav Huna’s name: כל מקום ששנו חכמים דרך מניין – wherever the Sages taught a Mishnah as a list, אין מוקדם ומאוחר – there is no significance to what is earlier and later, i.e., it does not indicate a particular order (of importance, or sequence), except regarding שבעה סמנין – the seven cleaning agents for determining if a stain is (niddah) blood, which must be applied precisely in the Mishnah’s order. Rav Pappa Saba quoted Rav saying that our Mishnah’s list is also particular; since the Tannaim debate the order of severity of the four מיתות, the list is obviously particular. Rav Sechora agrees but was not referring to disputes. Amoraim disagree if the orders of the Yom Kippur avodah and korban tamid are also exceptions. Rav Sechora’s intent was that the listed order of chalitzah is not מעכב, and the list of the Kohanim’s clothing is not sequential.