1)DO MURDERERS PAY RENT?
(a)R. Yehudah says, the murderers paid rent to the Leviyim of the city;
(b)R. Meir says, they did not pay rent.
(c)R. Meir says, if the murderer used to have a position of authority, when he goes free (after the Kohen Gadol dies), he returns to it;
(d)R. Yehudah says, he does not return to his old authority.
(e)(Gemara - Rav Kahana): They argue about paying rent in the six Arei Miklat mentioned in the Torah:
1.R. Yehudah expounds "Lachem" - for Kelitah (but they receive no other free benefits);
2.R. Meir expounds "Lachem" - for all your needs (including free rent).
3.All agree that they pay rent in the other 42 Arei Miklat.
(f)(Rava): All agree that in the six cities they do not pay rent. Both expound "Lachem" - for all your needs;
1.They argue about the other 42 cities. R. Yehudah expounds "va'Aleihem Titnu Arba'im u'Shtayim Ir" - the other cities are also Kolet;
2.R. Meir expounds "va'Aleihem Titnu" - the other cities are also for all your needs.
2)GALUS WITHIN AN IR MIKLAT
(a)(Mishnah - R. Meir): He returns to his old authority.
(b)(Beraisa - R. Yehudah): "V'Shav El Mishpachto v'El Achuzas Avosav Yashuv" - (when a Yisrael slave goes free,) he returns to his family, but he does not return to the authority of his fathers;
1.R. Meir says, he returns also to the authority of his fathers - "v'El Achuzas Avosav", like his fathers.
(c)The same applies to a returning murderer, for it says "Yashuv".
(d)Question: What does this mean?
(e)Answer (Beraisa - R. Yehudah): "Yashuv ha'Rotze'ach El Eretz Achuzaso" - a murderer returns to his family, but he does not return to the authority of his fathers;
1.R. Meir says, he also returns to the authority of his fathers. We learn from a Gezerah Shavah "Shivah- Shivah" from a returning slave.
PEREK ELU HEN HA'LOKIN
3)TRANSGRESSIONS FOR WHICH ONE IS LASHED
(a)(Mishnah): The following are lashed:
1.One who has Bi'ah with his sister, with the sister of his father, mother, or wife, with the wife of his brother or paternal uncle, or with a Nidah (whenever he is lashed, she is also);
2.A Kohen Gadol who has Bi'ah with a widow, any Kohen who has Bi'ah with a divorcee or Chalutzah, a Yisrael who has Bi'ah with a Mamzeres (one who was born (or descends from) a Bi'ah of Arayos forbidden by Kares) or Nesinah (a convert from the seven Kena'ani nations), or a Mamzer or Nasin who has Bi'ah with a Bas Yisrael;
i.If a Kohen Gadol has Bi'ah with a widow who is a divrocee, he is liable for two transgressions (receives two sets of 39 lashes);
ii.If any Kohen has Bi'ah with a divorcee who is a Chalutzah, he is liable only once.
3.A Tamei person who eats Kodesh or enters the Mikdash;
4.One who eats Chelev (forbidden lard), blood, Nosar, Pigul (Kodshim offered with improper intent) or Tamei Kodshim, or Chametz during Pesach;
5.One who slaughters and offers a Korban outside the Mikdash;
6.One who eats or does Melachah on Yom Kipur;
7.One who prepares (scented oil according to the formula for the) Shemen ha'Mishchah (anointing oil) or incense (according to the formula for the incense offered to Hash-m, for his own use), or anoints with Shemen ha'Mishchah (the very oil used to anoint the Mishkan, Kohanim Gedolim, and kings);
8.One who eats Neveilos, Treifos, Shekatzim u'Rmasim (insects or creeping creatures);
9.One who eats Tevel, Ma'aser Rishon from which Terumas Ma'aser was not taken, or Ma'aser Sheni or Hekdesh which were not redeemed.
(b)R. Shimon says, one who eats any amount of Tevel is liable (lashed);
(c)Chachamim say, he is not lashed unless he eats a k'Zayis (an olive's worth).
1.R. Shimon: Don't you agree that one is liable for eating a (full) ant of any size?
2.Chachamim: That is because it is a full creation.
3.R. Shimon: A wheat kernel is also a full creation!
(d)(Gemara): The Mishnah lists Chayavei Kerisus, but it omits Chayavei Misos Beis Din. It is like R. Akiva.
1.(Beraisa - R. Yishmael): Chayavei Kerisus and Chayavei Misos Beis Din are both lashed;
2.R. Akiva says, Chayavei Kerisus are lashed, for if they will do Teshuvah, Hash-m will pardon them from Kares;
i.Chayavei Misas are not lashed, for even if they do Teshuvah, Beis Din kills them.
3.R. Yitzchak says, the Torah taught that (all) Arayos are Chayavei Kerisus, and (superfluously) mentions Kares for Bi'ah with a sister;
i.This teaches that it (and all other Chayavei Kerisus) are punishable by Kares, and not by lashes.
(e)Question: What is R. Yishmael's reason? (We are thinking that he obligates lashes for Chayavei Misos, even when the transgressor will be killed.)
(f)Answer #1: "Im Lo Sishmor La'asos Es Kol Divrei ha'Torah... v'Hifla Hash-m Es Makoscha";
1.Question: What does Hafla'ah refer to?
2.Answer: It refers to lashes - "v'Hipilu ha'Shofet v'Hikahu."
(g)Question: We should learn from "Im Lo Sishmor La'asos" that one is lashed for not fulfilling an Aseh!
(h)Answer #1: "Im Lo Sishmor" connotes a Lav;
1.(R. Avin): Wherever it says 'Hishamer', 'Pen' or 'Al', this is a Lav.
(i)Question: We should learn that one is lashed for a Lav she'Ein Bo Ma'aseh (without an action)!
(j)Answer #1: It says "La'asos."
(k)Question: We should say that one is lashed for a Lav she'Nitak l'Aseh (there is an Aseh to 'fix' transgressing the Lav)!
(l)Answer (and Answer #2 to questions (g) and (i)): Lashes are for transgressions like muzzling an animal (which it written next to the Parshah of lashes), which is not Nitak l'Aseh.
4)R. AKIVA'S REASON
(a)Question: What is R. Akiva's reason?
(b)Answer #1: "Kedei Rish'aso" - one receives only one punishment for his evil;
1.R. Yishmael says, this teaches that one who is lashed or killed does not pay, but it does not apply to lashes and Misah, for this is like a protracted death (i.e. one punishment).
(c)Question: R. Akiva should exempt also Chayavei Kerisus from lashes due to "Kedei Rish'aso"!
1.Granted, if they will do Teshuvah, Hash-m will pardon them from Kares. However, if we lash them before they do Teshuvah, this is a second punishment!
(d)Answer (R. Avahu): The Torah explicitly teaches that Chayavei Kerisus are lashed. We learn from a Gezerah Shavah "l'Einei (written regarding Kares for incest with a sister) -l'Einecha (written regarding lashes)."
(e)Question (R. Aba bar Mamal): If so, we should also learn Chayavei Misos from a Gezerah Shavah "me'Einei (written regarding idolatry) -l'Einecha"!
(f)Answer: We learn from "l'Einei" from "l'Einecha." We do not learn "me'Einei" from "l'Einecha."
(g)Question #1: A Gezeirah Shavah may be learned even from a different word altogether!
1.(Beraisa - Tana d'Vei R. Yishmael): (The Gezerah Shavah) "v'Shav ha'Kohen-u'Va ha'Kohen" equates the law (of a house with Tzara'as) when the Kohen (first) returns with when he comes (another week later).
(h)Question #2: We should learn "me'Einei" from "l'Einei" (Chayav Misos from Chayavei Kerisus) - these are no less similar than "l'Einei" and "l'Einecha", which are learned from each other!
(i)Answer (Rav Shmuel bar Rav Yitzchak): "Kedei Rish'aso" - one receives only one punishment from Beis Din for his evil.
(j)(Rava): All agree that one who is killed is not lashed. They argue only about one who was warned that he will be lashed for transgressing:
1.Answer #2 (to Question 3:e): R. Yishmael holds that one is lashed for a Lav that warns for Misas Beis Din (if he was warned for lashes).
2.Answer #2 (to Question 4:a): R. Akiva says that one is not lashed for a Lav that warns for Misah (since it cannot warn also for lashes).
(k)Question: If so, R. Akiva should likewise exempt Chayavei Kerisus from lashes (the Lav warns for Kares, and not for lashes)!
(l)Answer (Rav Mordechai citing Rava): Kares does not need a Lav. There is no Lav for Korban Pesach and Milah (circumcision), yet they are Chayavei Kerisus.
(m)Question: Perhaps the Lav (for the other Kerisus) is to obligate a Korban (for Shogeg)!
1.Support: There is no Lav for Pesach and Milah, therefore one who does not fulfill them does not bring a Korban (Chatas)!
(n)Answer: No, the reason they are exempt is (not because there is no Lav, rather,) because the Torah obligates a Chatas only for transgressions similar to idolatry, i.e. we are commanded to refrain. Pesach and Milah are Mitzvos to do an action.
(o)Defense of Answer #1 (3:b - Ravina): R. Akiva learns from "Kedei Rish'aso."
(p)Reiteration of Question (c:1): Before Teshuvah there is also Kares. Lashes is a second punishment!
(q)Answer (Ravina): Since he can avoid one punishment (by doing Teshuvah), this is not considered two punishments.