[33a - 49 lines; 33b - 36 lines]

1)[line 2] DAN ES HA'DIN- a judge who tried a case

2a)[line 4] MAH SHE'ASAH ASUY- what he did is done (irreversible)

b)[line 5] V'YESHALEM MI'BEISO- and he (the judge, who is not a Mumcheh) must pay from his own pocket

3)[line 6] MUMCHEH- an expert judge who has Semichah (Halachic ordination) (TOSFOS DH Kan)

4)[line 9] GADOL HEIMENU B'CHOCHMAH UV'MINYAN- there is an available judge who is greater (that the one who tried the case) in wisdom and age

5)[line 11] KAN SHE'TA'AH BI'DEVAR MISHNAH, KAN SHE'TA'AH B'SHIKUL HA'DA'AS

(a)The mistaken rulings of a judge fall into two categories (Sanhedrin 33a). Ta'ah bi'Devar Mishnah means that the judge forgot an explicit Halachah. In such a situation, the judge reverses his mistaken ruling and permits what he originally prohibited, etc.

(b)The second type of mistake is termed a Ta'us b'Shikul ha'Da'as, and it involves a Halachah that is not explicit, but rather implicit. An example of this is when two Tana'im or Amora'im argue on a certain point, and the Gemara does not specify the Halachic ruling, however, the Halachah can be inferred from a Sugya elsewhere (e.g. the Gemara elsewhere follows one of the two opinions without mentioning the other one). A judge who rules like the unmentioned opinion is termed a To'eh b'Shikul ha'Da'as. He does not reverse the mistaken ruling in such a case, since it does have some basis.

6a)[line 14] B'REBBI CHIYA V'REBBI OSHAYA- if a judge makes a mistaken ruling with regard to a Beraisa of Rebbi Chiya and Rebbi Oshiya, does it have the same outcome as Ta'ah bi'Devar Mishnah or not?

b)[line 15] BED'RAV U'SHMUEL- in a ruling of Rav and Shmuel?

c)[line 16] B'DIDI V'DIDACH- in a ruling of mine or yours?

7)[line 17] ATU ANAN KATLEI KANEI B'AGMA ANAN?!- Are we simple reed-cutters in the marsh (ignorant people)?! (That is, even our rulings have the same status with regard to Ta'ah bi'Devar Mishnah)

8)[line 20] V'IKRI V'AVAD K'CHAD MINAIHU- and it happened that he ruled (lit. did) like one of them

9)[line 21] SUGYA DI'SHEMATESA [alt. D'ALMA] AZLEI K'IDACH- the Gemara elsewhere (most of the Dayanim -- RASHI) follows the other opinion

10)[line 24] NITLAH HA'EM SHELAH- its womb was removed

11)[line 24] HE'ECHILAH REBBI TARFON LI'KELAVIM - and Rebbi Tarfon fed it to the dogs (the Gemara goes on to explain that he only ruled that it was a Tereifah, and the owner fed it to the dogs) (TEREIFAH)

(a)A Tereifah is an animal that has acquired or was born with a fatal defect that will result in its death within a year. (There are some who maintain that a Tereifah can live for more than a year -- see Chulin 42a-b)

(b)Our Gemara brings the ruling that a cow without a womb is not considered a Tereifah (Mishnah Chulin 54a), but Rebbi Tarfon incorrectly ruled that it was a Tereifah.

12)[line 27] ME'ALEKSANDERIYA SHEL MITZRAYIM- from Alexandria of Egypt, where they raised exceptional cows and pigs

13)[line 28] KEDEI SHE'LO SELED- so that it will not be able to give birth (in order that they would have a monopoly on all of these types of cows and pigs)

14)[line 29] "HALCHAH CHAMORCHA TARFON" - "Tarfon, your donkey has gone (since you will have to sell it to pay the owner of the cow for the loss incurred by wrongly prohibiting his cow)"

15)[line 32] TO'EH BI'DEVAR MISHNAH ATAH- you have mistakenly ruled against an explicit Halachah (quoted in the Mishnah Chulin 54a)

16)[line 39] KAM DINA- the ruling stands, i.e. and it would now be impossible to achieve a ruling proclaiming the cow Kosher

17)[line 42] NATAL V'NASAN B'YAD- he took [money or property out of the defendant's ownership] and gave [it to the claimant] with his own hands

33b----------------------------------------33b

18)[line 4] GO'EL HA'DAM - the "avenger of the blood."

When a person who killed unintentionally is banished to one of the six Arei Miklat (cities of refuge) or one of the forty-two cities of the Leviyim, he must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment. If the unintentional murderer leaves his city of refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.

19)[line 6] MASHKON- collateral

20)[line 11] "NAKI [V'TZADIK] AL TAHAROG"- "do not kill the innocent [and the righteous]" (Shemos 23:7)

21)[line 15] V'CHILUFA L'MESIS- and the opposite is true with regard to a Mesis (a person who influences others to worship Avodah Zarah -- see Background to Sanhedrin 29:23)

22)[line 15] "LO SACHMOL V'LO SECHASEH ALAV."- "Do not have compassion on him and do not cover for him." (Devarim 13:9)

23)[line 16] RAV KAHANA MASNI MI'"KI HAROG TAHARGENU"- Rav Kahana taught this Halachah from the verse, "for you shall surely kill him" (Devarim 13:10)

24a)[line 18] CHAYAVEI GALUYOS (GALUS / AREI MIKLAT)

(a)A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (banishment, exile).

(b)When it is proven that a person killed unintentionally, he is banished to one of the six Arei Miklat (cities of refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment.

(c)If the unintentional murderer leaves his city of refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.

(d)Rebbi Zeira is asking whether a sentence of Galus has the same Din as Dinei Nefashos, i.e. that the trial is reopened only to prove the convict innocent, but not to convict a defendant who was proven innocent.

b)[line 19] CHAYAVEI MALKUYOS

(a)It is a Mitzvah to administer the punishment of Malkus Arba'im (Torah lashes) to one who is liable to Malkus, as the Torah states, "v'Hipilo ha'Shofet v'Hikahu" - "and the judge shall cast him down and whip him" (Devarim 25:2). Malkus d'Oraisa are administered in Eretz Yisrael by a court of three judges who are Semuchin (Halachically ordained), whether the Beis ha'Mikdash stands or not (RAMBAM Hilchos Sanhedrin 16:2). Courts outside of Eretz Yisrael can administer only Makas Mardus (Rabbinic lashes, see Background to Kidushin 70:32).

(b)A person is only liable to Malkus Arba'im if he transgresses a *Lav* (a negative commandment) of the Torah that is not "modified," such as a Lav shebi'Chelalos (see Background to Nazir 38:20), a Lav she'Nitak l'Aseh (see Background to Yoma 85:26), etc. A prohibition that is implied by a positive commandment is never punishable by Malkus. In addition, in order to be liable he must transgress in front of witnesses after receiving a proper warning.

(c)For a further discussion of the topic of Malkus, see Background to Bava Kama 84:8).

25)[line 23] DAVAR SHE'EIN HA'TZEDUKIN MODIN BO- a Halachah that is not explicit in the Torah, that the Tzedukim do not observe

26)[line 25] "ZIL KARI BEI RAV" HU- it is a case of "Go and read it in the Yeshiva"

27)[line 27] AD'MOKDECH YAKID, ZIL KOTZ KARACH V'TZALI- while your fire is still burning, cut your gourds and roast them! That is, while you are still learning this topic, pay attention to the fact that I taught you the Halachah that Ta'ah bi'Davar she'Ein ha'Tzedukin Modin Bo, Chozer, and this is an instance of a Davar she'Ein ha'Tzedukin Modin Bo

28)[line 30] SHE'LO K'DARKAH- relations in an unnatural way

29)[line 33] "... V'ED ECHAD LO YA'ANEH V'NEFESH [LA'MUS.]"- "[Whoever kills any person, the murderer shall be put to death by the evidence of witnesses,] but one witness shall not testify against any person [to cause him to die.]" (Bamidbar 35:30)

30)[last line] B'ECHAD MIN HA'TALMIDIM- one of the students sitting in rows before the judges during the court case

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