REVACH L'DAF
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SUMMARY
1. The prohibition of Ever Min ha'Chai does not apply to Sheratzim.
2. There is a dispute regarding whether all of the seven Mitzvos of Bnei Noach carry a death penalty, or only some do.
3. A non-Jew who steals is Chayav Misah even if he steals less than a Shaveh Perutah, and regardless of whether he steals from a Jew or another non-Jew.
4. A non-Jew who commits murder is Chayav Misah regardless of whether his victim was a Jew or a non-Jew. A Jew who murders a non-Jew, however, is Patur from Misah.
5. A non-Jew is Chayav Misah if he has relations with a maidservant who was designated for a male servant, regardless of whether the maidservant belongs to a Jew and was designated for a Jewish servant or she belongs to a non-Jew and was designated for his servant.
6. Rebbi Yonasan Ben Shaul rules that a Nirdaf is Chayav Misah if he kills a Rodef when he could have stopped him without killing him.
7. A Ben Noach can be sentenced to death even by a single judge and based on the testimony of a single witness.
8. There is a dispute regarding whether a Ben Noach who kills an unborn baby is Chayav Misah.
9. A non-Jew who is Mezaneh with a Jewish Na'arah ha' Me'orasah is judged like a Yisrael.
10. There is a dispute regarding whether a Ben Noach is Chayav Misah for Arayos which are a Chiyuv Kares for a Yisrael.
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A BIT MORE
1. The Gemara later derives from a verse that the prohibition of Ever Min ha'Chai applies only to creatures whose blood is included in the general prohibition of eating blood, for which there is a Chiyuv Kares. The blood of Sheratzim is not included in the general prohibition of eating blood; rather, it is included in the same prohibition as the flesh of the Sheretz. Therefore, Sheratzim are not subject to the prohibition of Ever Min ha'Chai.
2. Rav Sheshes quotes Rav as maintaining that a Ben Noach is Chayav Misah if he commits Avodah Zarah, Giluy Arayos, Birchas Hashem, or murder, but there is no Chiyuv Misah for a Ben Noach who violates any of the other Mitzvos. Rav Huna, Rav Yehudah and the other students of Rav maintain that a Ben Noach who violates any of the seven Mitzvos is Chayav Misah.
3. A non-Jew who steals an item that is worth less than a Perutah is Chayav Misah, even though a Jew who steals such an item is Patur. The reason a Jew is Patur in such a case is that the Torah allows a Jewish thief to rectify his sin by returning what he stole, and a Jewish thief is therefore only considered a Gazlan when he steals an item that is subject to being returned. Since a Jewish victim of a theft will be Mochel the theft of any item that is not worth a Perutah, a Jew who steals such an item is not Chayav. A non-Jew, on the other hand, does not have the option of rectifying his sin by returning the stolen item; consequently, the value of the item is irrelevant with regard to his Chiyuv for Gezeilah. Even if a non-Jew steals from a Jew, who is assumed to be Mochel any theft that is less than a Shaveh Perutah, the non-Jew is still Chayav because of the temporary pain that he caused his victim when he stole from him.
4. Even though a Jew who murders a non-Jew is Patur from Misah, it is still prohibited to kill him outright. Thus, the Beraisa rules that if a person finds a non-Jew or a shepherd (the latter of which is always assumed to be a thief) drowning in a well, he should not rescue them, but a person is not permitted to place a non-Jew or a shepherd in a well in order to kill them outright.
5. Even though a non-Jew who has relations with a maidservant designated for someone else is invariably Chayav, a Jew is Patur if he has relations with a maidservant who was designated for a non-Jewish servant. A maidservant who was designated for a Jewish slave, however, has the Din of a Shifchah Charufah, and a Jew who has relations with her is Chayav to bring an Asham.
6. If the Rodef is Jewish, a Nirdaf who kills him is Chayav Misah even if he is also Jewish. If the Rodef is not Jewish, however, only a non-Jew who kills him is Chayav, but a Jew who kills him is Patur.
7. Furthermore, a Ben Noach can be sentenced to death even based on the testimony of a relative, and even if he did not receive Hasra'ah. However, even a Ben Noach can be sentenced to death only by a male judge and only on the basis of a man's testimony; a woman cannot be a judge or a witness in the trial of a Ben Noach.
8. Rebbi Yishmael derives from a verse that a Ben Noach who kills an unborn baby is Chayav Misah. The Tana Kama has a different explanation for the verse; he maintains that a Ben Noach is not Chayav Misah for killing an unborn baby. Even Rebbi Yishmael agrees that a Yisrael who kills an unborn baby is not Chayav Misah, as a Chiyuv Misah can be incurred by a Jewish murderer only when he kills a person who has already been born.
9. Since Eirusin cannot be performed with a non-Jewish woman, the concept of Na'arah ha' Me'orasah does not exist in the Dinim of Bnei Noach. Nevertheless, a Ben Noach who has relations with a Jewish Na'arah Me'orasah, or with a Jewish woman who has had a Chupah but has not yet had relations with her husband, is Chayav Misah. Since his Chiyuv stems from the Dinim of Yisraelim and not from the Dinim of Bnei Noach, he is judged in accordance with all the Dinim of a Yisrael. Thus, he can be sentenced only by the testimony of two witnesses and by a Beis Din of twenty-three judges, even though a Ben Noach can usually be sentenced to death by a single judge and based on the testimony of a single witness.
10. Rebbi Meir maintains that only the Arayos for which a Yisrael is Chayav Misah are forbidden to a Ben Noach. The Chachamim maintain that even Arayos for which a Yisrael is Chayav Kares are prohibited to a Ben Noach, and their prohibition carries a Chiyuv Misah.
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