Hasraah To Warn or Not to Warn

Instructions:
1) Read through your assigned section.
2) Make sure to look up and translate any sources quoted. Any
hard words are already translated at the bottom of this
handout.
3) Answer the questions on your question sheet.
Our ( Makos 9b) teaches,
""
A is an exception to the rule of warning. Lets find out some more
about the topic of .
Lets start with the source.
1) The Source:
How do you know that you need to be warned in order to be punished?
The : at the bottom says,

: ) '( "
",
?
.

Group 1

2) The Purpose:
What is the purpose of being warned?
First, answer what you think.
Now lets look at what the has to say about it.
The ( Makos 9b) teaches us,

: ,
.

If the purpose of is to know whether one transgressed by accident

or on purpose, then why doesnt a need ?
The truth is that not everyone agrees with ' . The
disagree with him and say that a does need . Why would this
be? I can think of two possible reasons why we would still want to warn a
scholar. What reasons can you come up with?
3) Exceptions:
We have seen the importance of warning people before they can be
punished.
But we have seen in this two types of people (besides for a scholar)
that do not need warning to be punished. Who are they?
a) The . says,
..... : . Group 2

b) The in . says,

:
, ,
Furthermore, "in our on " . says,
" , .
."
4) Why are they different?
The question becomes, why are these people different? Dont we need to
make sure that they know that what they are doing is wrong before we
punish them?
Lets look at each group of people, one at a time. If you remember, last
week we learnt a ( Makos 9a-b)which explained that couldnt
say that he was innocent for stealing because....
From this the learns a rule.

, .
So there we have the answer. A does not need to be warned
because.....

Group 2

Now we just need to find out why are different. Why should
they not need a warning? The in gives an answer. The '
says,

Group 3

,
?

The idea this is saying is as follows:
-Can you say that the who conspired to get someone else killed
without him ever getting warned at all should themselves have the
opportunity to get a warning??
-That wouldnt be the correct punishment of !
They should have to suffer just like they wanted the victim to suffer!
So we see that we take away the opportunity from to be
warned.

5) Are Guilty?:
The final question is, what if the actually did not know that
what they were doing was wrong? Shouldnt we make sure that they know
that what they are doing is an ?This is a question that was asked
by recent .
A] One answer given by Rabbi Shimon Shkop "is that even if they
dont know that the forbids lying falsely, they should still be
punished, because any human being knows that it is evil and wrong to
frame someone else even if the would not have said anything.
B] A different answer, given by the Ketzos HaChoshen is that really the
idea that you should need to be warned at all is a big . Normally one
can assume that people know basic and what the big are.
The very idea that you need to be warned is the s way of making
absolutely sure that you are 100 percent guilty. If so, then the fact that by
we dont make this investigation isnt surprising.
Group 3

C] And a final answer, given by R Elchonon Wasserman ", is that the

idea of the punishment of is that we put the in the exact
place of the victim. That means that if they say that ate treif and
needs to get , then their punishment is that they become Reuvein!
They switch places with the victim and take the punishment. If so, then
the reason why they dont need a warning is because theyre not getting a
punishment for what they did, theyre just standing in for someone elses
punishment!
Hard Words:
Does it matter if he saw her?
The reason why its wrong.
To distinguish between a
mistake and on purpose.
R Yakov ben Acha found that it
was written in a sefer of Agadda
from the school of Rav:
Judge

?




:

Question Sheet:

Group 1

1. The Source:
1) How do you know that you need to be warned in order to be
punished?
2) Translate the quote from .
2. The Purpose:
1) What do you think the purpose of being warned is?
2) Translate what the says about this.
3) The say that a still needs to be warned. Why
would they say this?
3. Exceptions:
1) Which people dont need warnings in order to punish them?
2) Translate 2 of the 3 sources.

Group 3

4. Why are they different?

1) If thought that was s sister, why was he still
considered guilty?
2) Why does a not need a warning in order to be punished?
3) Why dont need a warning?
5. Are Guilty?:
1) What is the problem with s reason for not needing a
warning?
2) Answer, in your own words, two of the three answer provided.

Group 2

Distribution of Roles

Group
#___
Group Reader
Name:______________
_
Source-finder
Name:______________
_

Question-Solver
Name:_______________

Group Speaker
Name:_______________

Group Reflection
Name:__________________________________________
1. Was this group learning session enjoyable to you? Why?

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__
2. Would you be excited to learn this way again?
__________________________________________________________________________________
____________________________
3. Rate yourself out of 5 (5 being the best) how well you think you learned
during the lesson.
Circle.

4. Rate your group out of 5 how well you worked together as a team.
Circle.