13b----------------------------------------13b
8)
(a) We cite Rebbi Yishmael's source (to give Malkos to both Chayvei K'risus and Chayvei Misas Beis-Din) as the Pasuk in Ki Savo "Im Lo Sishmor La'asos es Kol Divrei ha'Torah ha'Zos ... ve'Hiflah Hash-m es Makoscha". How does he extrapolate Malkos from there?
(b) We nevertheless preclude Chayvei Asei from Malkos, initially based on a principle of Rebbi Avin Amar Rebbi Ilai. What does he say about 'Kol Makom she'Ne'emar Hishamer, Pen ve'Al'?
(c) What do we initially think that Rebbi Yishmael learns from "La'asos"?
click for answer
9)
(a) Finally however, we preclude a 'La'v she'Ein bo Ma'aseh' from Malkos from the same source as a 'La'v she'Nitak la'Asei' What is a 'La'v ha'Nitak la'Asei'?
(b) From where do we learn that a 'La'v she'Nitak la'Asei' does not receive Malkos?
(c) What else do we learn from 'La'v de'Chasimah'?
(d) Why do we learn specifically from that La'v more than from any other?
click for answer
10)
(a) What does Rebbi Akiva learn from the Pasuk in Ki Seitzei (in connection with Malkos) "K'dei Rish'aso"?
(b) Why does Rebbi Yishmael disagree with this?
(c) In that case, we ask, why Rebbi Akiva does not also preclude Chayvei Kareis from Malkos. Why will his explanation (the fact that they can do Teshuvah not suffice?
(d) What is Rebbi Avahu referring to when, to answer the Kashya, he says that the Torah specifically includes Chayvei Kareis in the Din of Malkos with the Gezeirah-Shavah of "le'Einei" "le'Einecha"?
(e) Then why did Rebbi Akiva give the fact that one can do Teshuvah as the reason, seeing as it is really a Gezeirah-Shavah'?
click for answer
11)
(a) How do we initially refute the Kashya of Rebbi Aba bar Mamal Kashya that, in that case, why not also learn "me'Einei" (written by Misas Beis-Din of Avodas-Kochavim) from "le'Einecha" (and include Misos Beis-Din in te Din of Malkos)?
(b) We overrule this Kashya however, with a statement of de'bei Rebbi Yishmael. What does de'bei Rebbi Yishmael say about learning a 'Gezeirah-Shavah' "Shiyvah" from "Bi'ah"?
(c) What second objection do we raise to Rebbi Aba bar Mamal's Kashya, based on the fact that we have just learned "le'Einei" from "le'Einecha" (K'risus from Malkos)?
(d) 'Kiblah mineih Rebbi Shmuel bar Rav Yitzchak' might mean that Rebbi Shmuel bar Rav Yitzchak accepted Rebbi Aba bar Mamal's Kashya, and gave an answer. What else might it mean?
click for answer
12)
(a) In any event, to answer Rebbi Aba bar Mamal's Kashya, how do we qualify the D'rashah 'Mishum Rish'ah Achas Atah Mechayvo, ve'I Atah Mechayvo Mishum Sh'tei Rish'ayos'? In which case will the principle not apply?
(b) Rava disagrees with the previous interpretation of the Machlokes Tana'im. Even Rebbi Yishmael will agree he says, that if they warned the culprit that he will be killed, he will not receive Malkos. Why is that?
(c) Then in which case do Rebbi Yishmael and Rebbi Akiva argue? What is the basis of their Machlokes?
(d) In that case, why, according to Rebbi Akiva, are Chayvei Kareis subject to Malkos? Why do we not say there too, that the Azharah is needed for Kareis?
click for answer
13)
(a) What proof does Rav Mordechai bring, quoting Avimi me'Hagrunya in the name of Rava, that Chayvei Kareis do not require an Azharah?
(b) On what grounds do we suggest that the La'v is needed for a Korban be'Shogeg (by Chayvei Kareis), and not for Malkos?
(c) How do we refute this proof? What other reason might there be for not bringing a Korban, for contravening Pesach and Milah be'Shogeg?
(d) Ravina reinstates our original interpretation of Rebbi Akiva, and he takes his statement literally, 'she'Im Asu Teshuvah, Beis-Din shel Ma'alah Mochlin Lahen'. How does he answer the Kashya that we asked earlier 'Ha Lo Avud Teshuvah'?
click for answer
Next Daf
Index to Review Questions and Answers for Maseches Makos
