REVACH L'DAF
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SUMMARY
1. A person who has relations with his mother is Chayav Sekilah (or a Chatas, if he was b'Shogeg) regardless of whether she is married to his father. 2. A person who has relations b'Shogeg with his father or with his father's brother is Chayav to bring two Chata'os. 3. A non-Jew who has relations with a Zachor is Chayav Misah even if he was a Shogeg. 4. A person who has relations with his father's wife is Chayav even if his father is no longer alive. 5. A man who has relations b'Mezid with a Zachor or an animal, or a woman who has relations with an animal, is Chayav Sekilah. 6. If a man has relations b'Mezid with a Zachor, both the Shochev and the Nishkav are Chayav Misah. 7. There is a dispute regarding whether a person is Chayav to bring one or two Chata'os if he is both Shochev and Nishkav with a Zachor b'Shogeg in one He'elem (without realizing between the two acts that he had sinned). 8. There is a dispute regarding whether a person is Chayav to bring one or two Chata'os if he is both Shochev and Nishkav b'Shogeg with an animal in one He'elem. 9. There is a dispute regarding whether a person is Chayav to bring one or two Chata'os if he is Nishkav b'Shogeg with both a Zachor and an animal in one He'elem. 10. There is a dispute regarding how many Chata'os a person is Chayav to bring if he is both Shochev and Nishkav b'Shogeg with both a Zachor and an animal in one He'elem. According to one opinion, he is Chayav to bring three Chata'os, but the other opinion maintains that he is Chayav to bring only two Chata'os. 11. There is a dispute regarding whether a person is Chayav for Mishkav Zachor if he has relations with a Katan who is between the ages of three and nine years old.
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A BIT MORE
1. Rebbi Yehudah maintains that a person who has relations b'Shogeg with his mother is Chayav to bring only one Chatas even if his mother is married to his father; he is Chayav for the prohibition of Imo but not for the prohibition of Eishes Av. The Rabanan maintain that he is Chayav to bring two Chata'os, one for the prohibition of Imo and one for the prohibition of Eishes Av. 2. One Chiyuv Chatas is for the prohibition of Mishkav Zachor, and the other Chiyuv Chatas is due to the verses which prohibit Ervas Aviv (his father) and Ervas Achi Aviv (his father's brother). This Din follows the Rabanan's interpretation of these verses as referring literally to his father and his father's brother themselves. According to Rebbi Yehudah, however, although the verse that prohibits relations with one's father's brother is meant literally, the verse which refers to the Ervah of a person's father is really a reference to his father's wife. Consequently, according to Rebbi Yehudah, there is no verse that states explicitly that a person who has relations with his own father incurs a second Chiyuv Chatas. It is possible, however, that Rebbi Yehudah agrees, despite the lack of an explicit verse, that such a person is Chayav to bring two Chata'os, and the Gemara records a dispute on this point. This question hinges on the general dispute between Abaye and Rava regarding whether the punishment for an Aveirah can be derived from a Kal va'Chomer. 3. A non-Jew is Chayav Misah even for an Aveirah which he commits b'Shogeg. Consequently, the double penalty for a person who has relations with his father or with his father's brother cannot apply to a non-Jew, since it is not possible for a person to be Chayav more than one Misah. 4. The Rabanan maintain that if his father is still alive, he incurs an additional Chiyuv Chatas for having violated the prohibition of Eishes Ish. Rebbi Yehudah disagrees and maintains that a person who has relations with his father's wife is Chayav only for the prohibition of Eishes Av, but not the prohibition of Eishes Ish, even during his father's lifetime. 5. The animal is also Chayav Sekilah. The Mishnah gives two explanations for the fact that the animal is killed: because it caused the person who had relations with it to sin, or so that people will not continue to see the animal and comment that the sinner was put to death because of it. 6. Even if one of the parties to the Aveirah is a Katan, the other party is still Chayav Misah. If the Shochev is a Katan who is at least nine years old, the Nishkav is Chayav but the Shochev is Patur because he is a minor. (If the Shochev is less than nine years old, the act is not considered a genuine Bi'ah and the Nishkav is also Patur.) If the Nishkav is a Katan, the Shochev is Chayav but the Nishkav is Patur. 7. According to Rebbi Yishmael, the prohibition to be a Shochev and the prohibition to be a Nishkav are derived from two separate verses; consequently, a person who violated both prohibitions is Chayav to bring two Chata'os. Rebbi Akiva maintains that both prohibitions are derived from the same verse and he is therefore Chayav to bring only one Chatas. 8. Rebbi Akiva maintains that both prohibitions are derived from the same verse, and even if a person is both a Shochev and a Nishkav, he is not Chayav to bring more than one Chatas. Rebbi Yishmael, however, maintains that there are two separate verses for the prohibitions of Shochev and Nishkav; therefore, a person who violates both prohibitions is Chayav to bring two Chata'os. 9. Rebbi Akiva maintains that the prohibition to be a Nishkav with a Zachor and the prohibition to be a Nishkav with an animal are derived from different Pesukim, and the sinner is therefore Chayav to bring two Chata'os. According to Rebbi Avahu, Rebbi Yishmael maintains that the two prohibitions are derived from one verse and there is only one Chiyuv Chatas, but according to Abaye, Rebbi Yishmael agrees that the sinner is Chayav to bring two Chata'os because the prohibitions are, in fact, derived from two different verses. 10. According to Rebbi Yishmael, a sinner who violates all four prohibitions is Chayav to bring three Chata'os because there are three Pesukim altogether from which the prohibitions are derived. Rebbi Akiva maintains that all four prohibitions are derived from a total of two Pesukim, and consequently a sinner who violates all four prohibitions is Chayav to bring only two Chata'os. 11. Rav maintains that he is Patur because the Torah is Mechayev a person for Mishkav Zachor only if the Nishkav is at least nine years old, which is the age of at which a male is capable of Bi'ah. Shmuel argues, however, and maintains that a Shochev is culpable as long as the Nishkav is at least three years old, which is the age at which a female becomes capable of Bi'ah.
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