The Weekly Daf #69 
Sanhedrin 51-57
Week of 2-8 Sivan 5755 / 31 May-6 June 1995
By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions 
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                              When Logic Stops

The kal v'chomer is a method used in the Oral Law to interpret the Written 
Law.  It is a logical deduction which states that if a particular rule 
applies to a situation which is of a less serious nature (kal) then this 
rule should certainly apply to a situation of a more serious nature 
(chomer).

An attempt to apply this method to determining a death penalty for an 
offender is rejected by one school of thought in our Gemara on the grounds 
that we cannot punish someone on the basis of a kal v'chomer ("din").
The explanation for such limitation is offered by the Maharsha (Sanhedrin 
64b):

The death penalty administered by the Sanhedrin is an atonement for the 
sinner, perfectly matched to the gravity of the crime.  If someone commits 
a crime of a more serious nature we cannot assume that he can achieve 
atonement for that graver sin through the penalty which is sufficient as an 
atonement for the lighter one.
                                                              Sanhedrin 54a

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                          The Price of Impatience

"Many old camels have carried on their backs the skins of younger ones."

This is a folk saying which sums up this background story of the death of 
Aaron's sons, Nadav and Avihu:

Moshe and Aaron were once walking with Nadav and Avihu behind them, 
followed by all of Israel.  Said Nadav to Avihu:  "When will these two old 
men die so that you and I will lead the generation!"
At that moment Hashem said to them:  "Let us see who will bury whom!"
                                                              Sanhedrin 42a
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