[a - 48 lines; b - 37 lines]

1)[line 1] MATZILIN OSAN B'NAFSHAN- a) we save them [from sinning] by killing them [first] (RASHI, TOSFOS DH l'Hatzilo); b) we save [their intended victim] by killing them [first] (YAD RAMAH)

2)[line 2] ACHAR HA'ZACHAR- after a man [to sodomize him]

3)[line 3] NA'ARAH HA'ME'URASAH (MOTZI SHEM RA - A Maiden Accused of Adultery)

(a)If one accuses (Motzi Shem Ra) his ostensibly virgin wife of having committed adultery between Erusin (betrothal) and Nisu'in (marriage) and is found to be lying, he receives Malkus (lashes) (Devarim 22:18). He must also pay his wife's father a fine of one hundred silver Shekalim / Sela'im (equivalent to approximately two kg. or four lb. of silver). Furthermore, he may not subsequently divorce her against her will (ibid. 22:19).

(b)A husband may base his claim upon witnesses who testify that his wife had had relations with another during the time in question, or through a Ta'anas Damim (in which he brings proof that she lacked virginal blood; see Background to Kesuvos 2:4). An accused wife (or her father) can defend herself by either discrediting her husband's witnesses as Edim Zomemin (plotting witnesses; see Background to 41:11), or by proving that she did indeed bleed from the detachment of her hymen (and that her husband obscured the proof).

(c)If valid witnesses testify that she had committed adultery after she had been properly warned of the consequences of her action, Beis Din takes her to the door of her father's house (assuming that that was where she had been living at that time; RAMBAM Isurei Bi'ah 3:9) and she is stoned to death (Sekilah; Devarim 22:21). If such witnesses testify before her marriage, then she is stoned at the city gates (Devarim 22:24; see Kesuvos 45a).

(d)These rules apply only to a Na'arah - a woman during the six months following the confluence of her having reached twelve years of age and having attained physical maturity. If she is a Bogeres (a woman after the six-month period of Na'arus), a Be'ulah (a non-virgin), or if she had once been married, then she receives the death penalty of Chenek (choking; see below, entry #20:a:4) instead of Sekilah (44b, 48b). Furthermore, her husband neither receives Malkus nor is he fined.

(e)Our Mishnah explains that if one is pursuing a Na'arah ha'Me'urasah with intention to rape her, then another is permitted to kill him in order to save the Na'arah. This allowance does not apply only to this case and that of sodomy; any rape punishable by either a death penalty administered by Beis Din (see below, entry #20) or Kares (see below, entry #21) may be prevented through the killing of the would-be rapist.

4)[line 7]"... - ...""... LO SA'AMOD AL DAM RE'ECHA ..."- "... do not stand upon the blood of your fellow ..." (Vayikra 19:16). This verse adjures one not to stand idly by while another dies.

5)[line 9]TOVE'A- drowning

6)[line 10] CHAYAH GORARASO- a wild animal is dragging him; i.e., mauling him

7)[line 10]LISTIN- bandits

8)[line 14]L'FOGMAH- to blemish her. A betrothed virgin who has been violated is no longer as desirable to her husband as she had been prior to the violation.

9)[line 16] AL ACHAS KAMAH V'CHAMAH- all the more so [since the blemish of death is greater than that of rape]

10)[line 16] ?V'CHI ONSHIN MIN HA'DIN? (KAL VA'CHOMER - An A Fortiori Argument)

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Kal va'Chomer. This is a logical argument in which proof of a law is shown by means of an already proven stronger law. A Kal va'Chomer can be applied to permit (i.e., something must be permitted since that which is more likely to be forbidden is already permitted) as well as to forbid (i.e., something must be forbidden since that which is more likely to be permitted is already forbidden).

(b)Because a Kal va'Chomer is based upon pure logic, one need not have a tradition in order to apply it. In this, a Kal va'Chomer differs from the other thirteen methodologies found in the Beraisa. On the other hand, however, a Kal va'Chomer is very weak. It may be applied only if there is no logical argument that the "weaker" law is not stronger than the "stronger" law in any way. If such an argument, known as a "Pirchah", exists, then the Kal va'Chomer may not be applied (this is similar to a Binyan Av; see Background to Bava Kama 88:15). Additionally, most opinions maintain that a punishment cannot be administered for a prohibition derived through a Kal va'Chomer or a Binyan Av. This is termed "Ein Onshim Min ha'Din".

11)[line 17] HEKEISHA HU (HEKESH - A Comparison of Two Subjects Mentioned Together in One Verse or Neighboring Verses)

(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is "Hekesh". A Hekesh entails comparing two subjects that are mentioned together in one verse or neighboring verses.

(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see previous entry), Binyan Av (see Background to Bava Kama 88:15), or Gezeirah Shavah (see below, entry #31) do not prevent the learning of one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").

12)[line 18]"... - , .""... KI KA'ASHER YAKUM ISH AL RE'EHU U'RTZACHO NEFESH, KEN HA'DAVAR HA'ZEH."- "... for as a man stands against his fellow and murders him, so is this matter" (Devarim 22:26). This verse, according to its simple meaning, comes to explain why a woman who was raped in a place where she was unable to cry out for help is exempt from punishment.

13)[line 19]ME'ATAH- at this point [we can conclude]

14)[line 19] , HAREI ZEH BA L'LAMED, V'NIMTZA LAMED- this ostensibly comes to teach, but ends up being the subject of a lesson

15)[line 24]"[ ; ,] .""... V'EIN MOSHI'A LAH."- "[For he found her in the field; the betrothed maiden cried out,] and there was no one to save her" (Devarim 22:27). This verse explains why a Na'arah ha'Me'urasah (see above, entry #3) is exempt from punishment when she was raped and was unable to attract the attention of one who could save her.

16)[line 29] ?AVEDAS GUFO MINAYIN?- how do we know [that one is not only obligated to return a lost item to its owner, but that he is even obligated to return] one's lost self [to himself] (i.e., to save his life)?

17)[line 30]"- , - ] .""... VA'HASHEVOSO LO."- "[And if your brother is not close to you and you do not know him, then you shall gather it into your house and it shall remain with you until your brother seeks it out] and you shall return it to him" (Devarim 22:2). this verse discusses the return of a found item. The words "and you shall return it to him" are seemingly extraneous.

18)[line 31]B'NAFSHEI- with his own [nominal] effort

19a)[line 31]MITRACH- to exert himself

b)[line 31] MEIGAR AGUREI- to [expend money and] hire others

20)[line 34] "CHAYAVEI MISOS BEIS DIN - The Death Penalties Administered by Beis Din

(a)One who transgresses certain sins, after receiving a proper warning and in front of two witnesses, receives the death penalty from Beis Din (Devarim 21:22). The four death penalties administered by Beis Din, in order of stringency, are:

1.SEKILAH - one who is convicted of an Aveirah punishable by stoning is led to the Beis ha'Sekilah, which is located outside of the settlement (42b). This is a structure twice the height of an average person. The convict is given wine to drink until he is inebriated, and he is then brought to the top of the Beis ha'Sekilah with his hands tied. The two witnesses whose testimony served to convict him accompany him, and one of them pushes him off of the top platform. Should he survive the fall, the witnesses roll a large stone heavy enough to require the two of them to lift it onto him from above. If he is still alive following this, then all those assembled pelt him with stones until he perishes (45a). Sins for which Sekilah is administered include Shabbos desecration, idol worship, cursing G-d, bestiality, sodomy, and certain illicit relations including incest with one's father or mother-in-law (53a).

2.SEREIFAH - one who is convicted of an Aveirah punishable by burning is placed into refuse up to his knees. A scarf of hard material wrapped within a scarf of soft material is then wrapped around his neck. The witnesses to his crime pull on the ends of the double scarf until the convict opens his mouth, at which point molten lead is poured down his throat, burning his intestines (52a). Sereifah is administered for certain illicit relations, including incest with one's child, grandchild, or spouse's child or grandchild (75a).

3.HEREG / SAYIF - one who is convicted of an Aveirah punishable by death by the sword has his head severed in Beis Din by the witnesses to his crime (52b). Sins for which Hereg is administered include serving Avodah Zarah along with other inhabitants of an Ir ha'Nidachas, and murder (76b).

4.CHENEK - one who is convicted of an Aveirah punishable by strangulation is placed into refuse up to his knees. A scarf of hard material wrapped within a scarf of soft material is then wrapped around his neck. The witnesses to his crime pull on the ends of the double scarf until he expires (52b). Sins for which Chenek is administered include wounding one's parents, an elder who rules against Beis Din (a Zaken Mamrei), one who prophecies falsely, and certain illicit relations (84b).

(b)The Beraisa cited in our Gemara teaches that if one is pursuing another with intent to rape them, and their relationship is one that is punishable by either Sekilah, Sereifah, or Chenek, then an observer may save the intended victim by killing the would-be rapist.

21)[line 35] CHAYAVEI KERISOS (KARES / MISAH B'YEDEI SHAMAYIM - Two Types of Early Death Delivered through Natural Means)

(a)Kares is a severe punishment which takes the form of an early death delivered through natural means. The word "Kares" implies that the soul of the sinner is "severed" from its connection to the Eternal.

(b)The Tif'eres Yisrael, in his commentary to Sanhedrin 9:6, lists three differences between Misah b'Yedei Shamayim (also a type of early death delivered through natural means) and Kares:

KARES MISAH B'YEDEI SHAMAYIM

===== ======================

1.death before age 60 death after age 60

(according to the Yerushalmi

Bikurim 2, before age 50)

2.children alive at the time children will not die as a

of the transgression may die result of the transgression

(according to the Riva, only (although according to some,

for those sins about which the the sinner's possessions

Torah states the word Ariri) will be destroyed until he

is left destitute - see

Insights to Pesachim 32b and

Yevamos 73b)

3.in certain forms, the the soul of the sinner

soul of the sinner is cut remains unharmed

off from the Jewish people

(c)There are thirty-six Aveiros listed in the Torah for which one receives Kares: the sixteen forbidden conjugal relations listed in the Torah (Vayikra 18); one who curses G-d; an idol worshipper; one who worships Molech (see Background to 53:5); one who practices Ov (see Background to Pesachim 113:62); one who desecrates Shabbos; one who ate Kodshim or entered the Mikdash while in a state of Tum'ah; one who consumed blood, Nosar (see Background to Pesachim 120:9), or Pigul (see Background to 6:60); one who slaughters or offers a sacrifice outside of the Mikdash; one who eats Chametz on Pesach; one who eats or performs Melachah on Yom Kipur; one who compounds Shemen ha'Mishchah (the oil made by Moshe Rabeinu to anoint the Mishkan and its vessels, Kohanim Gedolim, and the kings of the Davidic dynasty) or the Ketores (see Background to 11:25) for his own use; one who anoints himself with Shemen ha'Mishchah; one who neglects to give himself a Bris Milah; and one who neglects to offer a Korban Pesach.

(d)The Beraisa cited in our Gemara teaches that if one is pursuing another with intent to rape them, and their relationship is one that is punishable by Kares, then an observer may save the intended victim by killing the would-be rapist.

22)[line 35] / ALMANAH L'CHOHEN GADOL / GERUSHAH VA'CHALUTZAH L'CHOHEN HEDYOT - Women whom Kohanim may not Marry

(a)A Kohen may not marry a divorcee (Gerushah), Zonah (see Background to Yevamos 81:4) or Chalalah (see Background to Gitin 59:77) (Vayikra 21:7). A Kohen Gadol may not marry a widow in addition to these women (Vayikra 21:14). A male child born of one of these forbidden unions is called a "Chalal", and he is not a Kohen. Due to her similarity to a divorcee, the Rabanan prohibited a Chalutzah (see Background to Bava Metzia 16:41) to a Kohen as well.

(b)These relationships (with the exception of a Chalutzah, whose prohibition is even less severe) are forbidden through negative Torah prohibitions. One who transgresses them is liable to receive neither Misas Beis Din nor Kares, but rather Malkus (lashes).

23)[line 40] HANICHU LO SHE'LO YAHARGENAH!- leave him be lest he kill her (referring to herself in the third person)!

24)[line 41]" - ; ...""V'LANA'ARA(H) LO SA'ASEH DAVAR; EIN LA'NA'ARAH CHET MAVES ..."- "And nothing should be done to the maiden; the maiden has not committed a sin worthy of death ..." (Devarim 22:27). The words "Ein la'Na'arah Chet Maves" - "the maiden has not committed a sin worthy of death" - are seemingly extraneous. Our Gemara therefore derives laws from each word.

25a)[line 42]"" "NA'AR" ZEH ZACHUR- The word "Na'arah" in this verse is written without a "Hei" at the end. Without vowelization, it therefore appears to spell "Na'ar". since the entire word is extraneous, our Gemara derives laws from both the way that it is spelled (Masores) and the way that it is pronounced (Mikra). From the way that it is written we derive that it is permitted to kill a man who is in pursuit of another male with intent to sodomize him.

b)[line 42]"" "NA'ARAH" ZO NA'ARAH HA'ME'URASAH- "Na'arah" (the way that the word is pronounced) refers to [one who is pursuit of] a Na'arah ha'Me'urasah [with intent to rape her]

26)[line 45] LAV ORCHEI- it is unnatural for him [to be sodomized, and his shame (Pegam) is therefore great]

27)[line 47] KA PAGIM LEI- he blemished her [as she is no longer a virgin, and is therefore not as desirable to her husband]

73b----------------------------------------73b

28)[line 2] SHA'AR ARAYOS- other forbidden relations [whom one is pursuing with intent to rape them]

29)[line 2] LO NAFISH PIGMAIHU- their blemish is not as great [since those who are already married were not virgins to begin with, and those who are not yet betrothed do not have husbands who would find them undesirable]

30a)[line 9] CHAD L'ME'UTEI OVED AVODAS KOCHAVIM- one comes to exclude idol worship [which one would have otherwise derived from a Kal va'Chomer (as Rebbi Shimon ben Yochai teaches on 74a)]

b)[line 10] V'CHAD L'ME'UTEI BEHEMAH V'SHABBOS- and the other comes to exclude [one who pursues] an animal [with intent to have relations with it] and [one who intends to profane] Shabbos. It is necessary to exclude the case of an animal since it is similar to Arayos. It is not necessary, however, to exclude Shabbos according to this opinion. This is because only the opinion which maintains that one may kill he who would otherwise worship idols can then learn that it is permissible to kill he who would otherwise profane Shabbos, as the Gemara soon explains. Our Gemara mentions it here only as an aside (bi'Chedi). This also explains how two things can be excluded from one Derashah (see also TOSFOS DH Chilul).

31)[line 13] "" "" TEISI SHABBOS ME"CHILUL" "CHILUL" ME'AVODAS KOCHAVIM (GEZEIRAH SHAVAH - A Derivation Equating Two Subjects Utilizing a Common Word or Phrase)

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Gezeirah Shavah, in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.

(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.

(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah". This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.

(d)There are three possible configurations of a Gezeirah Shavah:

1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.

2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against comparing the two sections. This status is known as "Lemedin u'Meshivin". Others rule that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim.

3.EINO MUFNEH KOL IKAR - If neither word is free, then those who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied the status of Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.

(e)Regarding Shabbos the Torah states, "... Mechalaleha Mos Yumas ..." - "... those who profane it shall surely be put to death ...". Regarding idol worship the Torah states, "... v'Lo Sechalel Es Shem Elokecha Ani Hash-m." Since these similar terms are used respectively regarding the death penalty, Rebbi Elazar b'Rebbi Shimon derives a Gezeirah Shavah from them (TOSFOS DH Chilul).

32)[line 18] "", ""AIDI D'CHASAV RACHMANA "NA'AR", KASAV NAMI "NA'ARAH"- since the Torah wrote "Na'ar" [in order to exclude Behemah], it also wrote "Na'arah" [so that the word makes sense in the context of the Parshah, which discusses a Na'arah ha'Me'urasah]

33)[line 21] MAKPEDES AL PIGMAH- [a woman] who is distressed with the blemish [of the loss of her virginity] (as opposed to one who has been seduced)

34)[line 24] MASRAH NAFSHAH LI'KETALAH- [we are afraid that] she will give up her life [rather than submit to the rape]

35)[line 26] ALMANAH L'CHOHEN GADOL NAMI KA PAGIM LAH! (CHALALAH - A Woman Rejected from the Kehunah)

(a)A divorcee or Zonah (see Background to Gitin 79:53) who has relations with any Kohen - or a widow who has relations with a Kohen Gadol - becomes a "Chalalah." Any female children born of such a union are also Chalalos. In addition, any Jewish woman who has relations with a Chalal becomes a Chalalah, notwithstanding that which such a relationship is perfectly permissible.

(b)A Chalalah may not marry a Kohen. Should a Kohen and Chalalah marry (and have relations), they both receive Malkus (thirty-nine lashes). Normally, the daughter of a Kohen may eat Terumah as long as she is not married to or has children from a non-Kohen. If, however, she is married to a Kohen or has children from him, than she may eat Terumah even if she is not the daughter of a Kohen. A Chalalah in any of these situations may not eat Terumah (Yevamos 69a).

(c)A Kohen Gadol must marry a Besulah (virgin) (Vayikra 21:13). This is a Mitzvas Asei (positive commandment), which is less severe than a negative one such as those forbidding him from marrying a divorcee, Zonah, etc. Should a Kohen transgress this Asei and marry a Be'ulah (one who has had relations), the Chachamim maintain that she neither becomes a Chalalah nor are the resulting offspring Chalalim. Rebbi Eliezer ben Yakov rules that they are, and the Halachah follows his opinion (Yevamos 59b-60a).

(d)Rav Papa asked Abaye why, according to the opinion of the Chachamim who maintain that the Torah allows one to kill another to save his intended victim from Pegam, one may not kill a Kohen Gadol who intends to rape a widow? She will become a Chalalah through the union, which is also a Pegam!

36a)[line 27] PIGMAH RABAH- a [relatively] large blemish (namely, that caused by Arayos, which cause great shame, are punishable by Kares, result in Mamzerim, and render the woman a Zonah (see Background to Gitin 79:53))

b)[line 28] PIGMAH ZUTA- a [relatively] small blemish (namely, that caused by a relationship prohibited only to a Kohen, since it renders the woman a Chalalah and not a Zonah)

37)[line 29] NA'AROS SHE'YESH LA'HEN KENAS (ONES U'MEFATEH - The Fine Paid by One who Rapes or Seduces a Maiden

(a)If one rapes (Ones) a girl between the ages of three and twelve and a half according to the Chachamim or twelve and twelve and a half according to Rebbi Meir (Kesuvos 29a), then he must pay a fine of fifty Shekalim to her father. This is the equivalent of 200 Zuz, the amount of money promised in the case of divorce or widowhood in the standard Kesuvah (marriage document) of a virgin bride. In addition to this fine, he must pay for Pegam, Boshes, and Tza'ar (Kesuvos 39a; see Background to Bava Kama 4:13). If she and her father are agreeable, he must marry her, and he may never divorce her (Devarim 22:28).

(b)If one seduces (Pituy) a girl between the ages of three and twelve and a half according to the Chachamim or twelve and twelve and a half according to Rebbi Meir (Kesuvos 29a), he may marry her. If he is not interested in doing so, or if she or her father are not agreeable to the marriage, then he must pay a fine of fifty Shekalim to her father. This is the equivalent of 200 Zuz, the amount of money promised in the case of divorce or widowhood in the standard Kesuvah (marriage document) of a virgin bride. In addition to this fine, he must pay for Pegam and Boshes; however, a Mefateh does not pay for Tza'ar (Kesuvos 39a; see Background to Bava Kama 4:13). If he does marry her, then he need not pay the fifty Shekel fine. If he should divorce her, however, he must give her this amount for her Kesuvah as if she had been a virgin when he married her (Shemos 22:16).

(c)Our Gemara cites a Mishnah in Kesuvos (29a). It lists women whose fathers receive a fine upon their rape, even though the rapist cannot marry them afterward.

38)[line 30] HA'BA AL ACHOSO- one who has relations with his sister. Although one becomes liable to receive Kares for this action, he still becomes obligated to pay a fine. If, however, it was permissible for another to kill him to prevent him from performing this action, then he should be exempt from payment similar to the way in which a Ba' b'Machteres or a Rotze'ach is.

39)[line 31]HA'ARA'AH - The Parameters of Intimate Relations

(a)Ha'ara'ah refers to the minimum action necessary that is Halachically considered to constitute intimate relations. This applies whether one is fulfilling a Mitzvah, such as in the case of Yibum (see Background to Gitin 74:19), or whether one is transgressing an Aveirah, such as in the case of Arayos (forbidden relations). That which complete relations - defined as those which conclude with ejaculation - are not necessary is derived from that which the verse (Vayikra 20:18) uses the "He'erah" when describing forbidden relations. This word literally means "to unclothe", and implies that full relations are not required to transgress these sins.

(b)Amora'im disagree as to what constitutes Ha'ara'ah. Some rule that it is merely Neshikas Ever - intimate contact without penetration. Others maintain that Hachnasas Atarah - a minimal penetration - is necessary (Yevamos 55b).

40)[line 32] MAMONA LO MESHALEM AD GEMAR BI'AH- a) he is not obligated in the fine until [penetration at] the end of relations [when he deflowers her] (RASHI); b) he is not obligated in the fine until [penetration at] the end of relations [when he is no longer exempt from payment due to Kam Lei bid'Rabah Minei] (TOSFOS DH Mamona) (see Insights)

41)[line 33] ... HA'ARA'AH ZO NESHIKAH ... HA'ARA'AH ZO HACHNASAS ATARAH- see above, entry #39

42)[line 34] ?MAI IKA L'MEIMAR?- what is there to say? [He should be exempt from paying the fine since he could have been killed at the very moment that he becomes obligated in it!]

43)[line 35] BA ALEHA SHE'LO KEDARKAH- he [or another] had sodomized her [beforehand, thus blemishing her while her virginity remained intact]

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