[54a - 53 lines; 54b - 48 lines]

1)[line 1] "ISH"- The entire Pasuk is "v'Ish Asher Yishkav Es Eshes Aviv, Ervas Aviv Gilah; Mos Yumsu Sheneihem Demeihem Bam" (Vayikra 20:11), which the Beraisa now proceeds to expound.

2)[line 5] MUFNEH L'HAKISH VELA'DUN MIMENU GEZEIRAH SHAVAH- [this phrase, "Ervas Aviv," is not used for a specific derivation, but rather] it is free to be used to link and to learn a Gezeirah Shavah from it. (The Gemara later will explain what the Gezeirah Shavah is.) (GEZEIRAH SHAVAH - see Background to Sanhedrin 40:24)

3)[line 10] ONESH SHAMANU; AZHARAH MINAYIN? - We have learned the source for the punishment; from where do we learn the warning (Azharah)? (LO ANASH HA'KASUV ELA IM KEN HIZHIR)

A basic principle of the Torah with regard to punishment for transgressions is that every verse which mentions a punishment for a transgression has a corresponding verse that states not to commit that transgression. This Azharah is known as a Lo Ta'aseh. A corollary of this principle is that when a person sins, he cannot be punished by court unless he is specifically warned by two witnesses ("Hasra'ah") that if he commits the act, he will be punished (some Rishonim maintain that they must mentioned the specific verse of the Azharah in the Torah).

4)[line 11] "ERVAS AVICHA [V'ERVAS IMECHA] LO SEGALEH"- "The nakedness of your father [and the nakedness of your mother] do not expose" (Vayikra 18:7) - According to the Beraisa (which expresses the view of Rebbi Yehudah), this does not refer actually to immorality with one's father, but rather with one's father's wife.

5)[line 25] LISHNA MA'ALYA HU- "clean" language (Rav Yehudah did not want to discuss explicitly a Jew committing such heinous acts)


We do not administer corporal punishments through deriving them from an exegetical process such as a Kal v'Chomer or Binyan Av (rather, it must be written in the Torah explicitly, or learned from a Hekesh or Gezeirah Shavah). For example, the Torah explicitly prohibits a man from living with his daughter's daughter (who is not his wife's granddaughter -- Vayikra 18:10), but it does not mention one who lives with his own daughter (who is not his wife's daughter). If not for a Gezeirah Shavah, we would not be able to administer a punishment to one who sins with his daughter, because "Ein Onshin Min ha'Din." (This follows the opinion of Rava, Sanhedrin 76a. Abaye rules that this case is an exception to this rule, since the Kal v'Chomer is not a real Kal v'Chomer but rather it is a Giluy Milsa (a device that shows the meaning of the words in the verse). As such, the prohibition *can* be derived through that Giluy Milsa.) (See Insights to Nazir 44:1, Bava Kama 2:2.)

7)[line 47] TAKALAH- a stumbling block (the animal is the object which caused a person to sin and be killed)


8)[line 3] "LO YIHEYEH KADESH MI'BENEI YISRAEL"- "There shall be no licentious man among the sons of Yisrael." (Devarim 23:18)

9)[line 4] "V'GAM KADESH HAYAH BA'ARETZ, ASU K'CHOL HA'TO'AVOS HA'GOYIM ASHER HORISH [HA'SHEM MIPNEI BENEI YISRAEL.]"- "And also licentiousness was in the land -- they did like all of the abominations of the nations which HaSh-m had driven out from before Benei Yisrael." (Melachim I 14:24)

10)[last line] (ZACHAR) [HA'BA AL HA'ZACHUR] BEN TESHA SHANIM V'YOM ECHAD- a male (who is the passive partner, the "Nishkav," with another male) who is nine years and one day old... (Rashi explains that this is one case, and "ha'Ba Al ha'Behemah" (55a) is different case; the Rambam, however, understands that this is all one case (i.e. a male who is nine years old who is "Nishkav" with an animal)