REVACH L'DAF
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SUMMARY
1. It two people are standing together and one of them shot an arrow which killed someone, both of them are Patur from Misah.
2. If normal oxen were mixed up with an ox which had a Gemar Din to be put to death, Rava says there is an argument whether they are all put to death or not.
3. Rava says it is forbidden to bring as a Korban the offspring of an animal which gored or was Nirva.
4. If an animal gored and killed someone and prior to the Gemar Din it became pregnant and gave birth, the offspring is permitted.
5. If an animal gored and killed someone and prior to the Gemar Din it became pregnant - but it only gave birth *after* the Gemar Din, the offspring is forbidden.
6. If two people who are both Chayav Misah were mixed up, they are put to death with the more lenient of the two Misos.
7. There is an argument whether Hasra'ah must include mention of which Misah a person will be Chayav for transgressing.
8. In a case where people who are Chayav Sekilah were mixed up with people who are Chayav Sereifah, there is an argument whether they should all be put to death with Sekilah or with Sereifah.
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A BIT MORE
1. Since we do not know which one of them shot the arrow, they are both Patur from Misah. Even if one of them is a person who is well known for his righteousness, we do not put the other person to death on the assumption of the first person's righteousness.
2. The Rabanan learn that all of the oxen are stoned. Since the all the oxen are Asur b'Hana'ah, once they are mixed together the owners have nothing to lose if they are all killed. Therefore, the Beis Din may as well stone them in order to fulfill the Mitzvah of stoning for the one that was supposed to be stoned. Rebbi Yehudah says the oxen are not stoned but rather locked up (Kipah).
3. If an animal gored and killed someone in front of one witness or was Nirva in front of one witness, it is not put to death but it may not be used for a Korban. If it was pregnant at the time it gored or was Nirva, the offspring that it bears may not be brought as a Korban.
4. Since the animal was not pregnant at the time of the goring, the offspring is permitted. However, if the animal was pregnant at the time of the goring, the offspring would be forbidden.
5. The fetus is regarded as part of the mother. Therefore, since the animal was pregnant at the time of the Gemar Din the sentence applies equally to the fetus and to the mother.
6. We refer here to a case where one did not specify which Misah they will be Chayav in the Hasra'ah that was given to them. However, one opinion maintains that a person is not Chayav Misah unless the specific Misah that he will be given is mentioned in the Hasra'ah. According to that opinion, they will only be given the more lenient Misah according to those who hold that a Hasra'ah for a more stringent Misah comprises Hasra'ah for more lenient Misos.
7. The Tana Kama says that the Hasra'ah need only include a warning that they will be Chayav Misah. It is not necessary to specify which Misah they will be given. This is evident from the Mekoshesh, who was not given Hasra'ah for a specific Misah (as nobody yet knew which Misah he would be Chayav). Rebbi Yehudah argues and says it is necessary to specify in the Hasra'ah which Misah the sinner will be given. We cannot imply otherwise from the Mekoshesh, because the case of the Mekoshesh was a Hora'as Sha'ah.
8. Rebbi Shimon says even if the people who are Chayav Sereifah are the majority they are put to death by Sekilah, because that is the more lenient Misah of the two. The Rabanan disagree, because they consider Sereifah to be the more lenient Misah of the two.
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