SANHEDRIN 74 - In memory of Sheina Basha (daughter of Yakov and Dora) Zuckerman, by her children and sons in law.

[a - 48 lines; b - 29 lines]

1)[line 1]MEFUTAH- one who was seduced [and is therefore not eligible to be saved]

2)[line 2] YACHOL L'HATZIL B'ECHAD ME'EVARAV- he is able to save [her from the attempted rape] by [wounding] one of the limbs [of the attempted rapist instead of killing him]

3)[line 5] NEHERAG ALAV- he [can] receive the death penalty for [murdering the Rodef]

4)[line 7]"- , , . - , .""V'CHI YINATZU ANASHIM V'NAGFU ISHAH HARAH V'YATZ'U YELADEHA V'LO YIHEYEH ASON, ANOSH YE'ANESH ... V'IM ASON YIHEYEH, V'NASATA NEFESH TACHAS NAFESH."- "And if men should fight and they hit a woman and she miscarries and she does not die, he shall be penalized according to the demands of the woman's husband, and he shall pay the amount decided by the judges. And if death occurred, he shall pay a soul for a soul" (Shemos 21:22-23). These verses clearly imply that Beis Din cannot demand monetary payment from one who has at the same time incurred a death penalty; they are the source for Kam Lei bid'Rabah Minei (see Background to 72:9).

5)[line 8] B'MATZEVES SHEB'MISAH HA'CHASUV MEDABER- the Torah is discussing a case in which his intention is to murder [the man with whom he is fighting, in which case he can be killed as a Rodef]

6)[line 14] ?HEICHI MISHKACHAS LAH D'YE'ANESH?- how is it possible that he should be penalized [with a monetary payment]? [Since it was Halachically permissible for any bystander to kill him at that moment, Kam Lei bid'Rabah Minei should apply!]

7)[line 15] MISAH LA'ZEH V'TASHLUMIN LA'ZEH- he is liable to the death penalty due to this one (namely, the Nirdaf) and is obligated in remuneration to that one (namely, the woman's husband)

8)[line 15] LO SHNA - it makes no difference [whether he is liable to the death penalty due to the one whom he owes money to or anybody else; either way, he is exempt from payment]

9) [line 17] MISCHAYEV B'NAFSHO HU - it is Halachically permissible to kill him [at that time, and therefore Kam Lei bid'Rabah Minei applies]. Since the Rodef is exempt from paying for even those items that do not belong to the Nirdaf, it is clear that the argument of "Misah la'Zeh v'Tashlumin la'Zeh" is not a reason to obligate him.

10) [line 18] SHE'LO YEHEI MAMONO CHAVIV ALAV MI'GUFO - so that his money should not be more precious to him than his life; i.e., if the Nirdaf may kill the Rodef in order to save himself, then he may certainly destroy his property!

11)[line 21] LO MIN HA'DIN- it is not according to Torah law [that he is exempt from repaying others whose property he damaged in his attempt to save the Nirdaf]

12)[line 26]AVUHA- his father [Rebbi Shimon ben Yochai]

13)[line 27] NIMNU V'GAMRU BA'ALIYAS BEIS NITZEH B'LOD- they counted [among themselves] and concluded in the second story of the house of Nitzeh (the name of a person) in Lod

14)[line 28] AVOR V'AL TEHAREG- transgress [this sin] and you will not be killed

15)[line 31]"[ - - ... ...""[U'SHMARTEM ES CHUKOSAI V'ES MISHPATAI ...] VA'CHAI BA'HEM ..."- "[And you shall guard my statutes and my laws ...] and live through them ..." (Vayikra 18:5).

16)[line 32]B'FARHESYA- in public. The Gemara (74b) defines this term.

17)[line 32]" - , ; [ ' .]""V'LO SECHALELU ES SHEM KODSHI, V'NIKDASHTI B'SOCH BNEI YISRAEL; [ANI HASH-M MEKADISHCHEM.]"- "And do not profane My holy name, and sanctify Me in the midst of Bnei Yisrael; [I am Hash-m Who sanctifies you]" (Vayikra 22:32).

18)[line 32]INHU- (the Gemara answers) he (namely, Rebbi Yochanan quoting Rebbi Shimon ben Yehotzadak)

19)[line 33]" ' -, -, -.""V'AHAVTA ES HASH-M ELOKECHA B'CHOL LEVAVCHA, UV'CHOL NAFSHECHA, UV'CHOL ME'ODECHA."- "And you shall love Hash-m your G-d with all of your heart, all of your soul, and all of your might" (Devarim 6:5). Rebbi Eliezer interprets loving Hash-m as not turning to idol worship. To love Hash-m with all of one's soul means that one is willing to give up his life if necessary to avoid transgressing this sin, while to love Hash-m with all of one's might means that one is willing to give up all his money in order to escape idolatry.

20)[line 37]"... - , .""... 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.

21)[line 39]ME'ATAH- at this point [we can conclude]

22)[line 39] , HAREI ZEH BA L'LAMED, V'NIMTZA LAMED- this ostensibly comes to teach, but ends up being the subject of a lesson

23)[line 43] MAREI DURA'I- the master of my city

24)[line 43] ZIL KATLEI L'FELANYA- go and kill so-and-so (who is Jewish)

25)[line 44] LIKTELUCH V'LO TIKTOL - allow yourself to be killed rather than commit murder

26) [line 44] ? ! MI YEIMAR D'DAMA DIDACH SUMAK TFEI? DILMA DAMA D'HA'HU GAVRA SUMAK TFEI! - who is to say that your blood is redder? Perhaps that man's blood is redder! Hash-m taught in the Torah that a Jewish life is more precious to Him than the observance of a commandment. In this case, however, a Jewish life will be lost in any event. There is therefore no allowance to transgress the injunction against murder.

27) [line 45] LO SHANU - we did not learn [that it is permitted to transgress in order to stay alive]

28)[line 45] ( ) []SHA'AS (GEZEIRAS MALCHUS) [HA'SHMAD]- a period of (a royal decree) [a decree against the observance of Judaism]. Christian censors changed this Girsa from the original.

29)[line 46] MITZVAH KALAH- a light Mitzvah (the Gemara soon defines this term)


30)[line 1] L'SHANUYEI ARAKSA D'MESANA- a) to change the straps of their sandals [to a less modest style]. Even though this is merely a custom, one would be obligated to give up his life rather than transgress it under the right circumstances (RASHI); b) to change [the color of] their sandal straps [from white to black] (TOSFOS DH Afilu); c) to change [the color of] their sandal straps [from black to white] (ARUCH Erech Arka); d) according to the Girsa "AFILU ARAKSA D'MESANA" - [to crouch in order to tie] one's sandal [straps in front of an idol, appearing as if he was bowing to the idol]. This is forbidden mid'Rabanan (SHE'ILTOS)

31)[line 3]PESHITA- [the following] is clear

32)[line 7] "" ""ASYA "TOCH" "TOCH" (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.

33)[line 9]" [ .]""HIBADLU MI'TOCH HA'EDAH HA'ZOS [VA'ACHELEH OSAM K'RAGA.] - "Draw back from the midst of this congregation [and I will consume them in a moment]" (Bamidbar 27:21). In this verse, Hash-m addresses Moshe Rabeinu regarding Korach and his supporters.

34) [line 10] ? MAH L'HALAN ASARAH - As the GILYON points out, there are words missing from our Gemara. These words appear in the identical Gemara in Megilah (23b), and they derive another Gezeirah Shavah utilizing the word "Edah". This Gezeirah Shavah teaches that "Edah" refers to a group of ten, since Hash-m referred to the twelve spies - minus Yehoshua and Calev - as an "Edah Ra'ah" (Bamidbar 14:27). See also RASHI.

35) [line 11] ESTHER - Queen Esther [who had relations with a Nochri - King Achashverosh - instead of refusing and being martyred]

36)[line 12] KARKA OLAM HAYESAH- she was the earth; i.e., she was utterly passive, and was not actively involved in relations with Achashverosh

37)[line 13] HANA'AS ATZMAN SHAINI- [the Halachah] is different [when Nochrim act] solely for their own benefit

38)[line 14] KEVAKEI V'DIMONIKEI- large copper vessels that function as heaters when filled with coals

39)[line 14] ?HEICHI YAHAVINAN LEHU?- how do we give [coals to Nochrim to fill such vessels when they demand that everybody contribute to heat the holiday celebrations of their idols]?

40)[line 17] KETOL ASPASTA B'SHABATA V'SHADI L'CHIYUSA'I- uproot wheatgrass on Shabbos and throw it to my animal

41)[line 19] LIKTIL V'LO LIKTELEI- he should uproot and not be killed

42)[line 19] SHADI L'NAHARA- throw it into the river

43)[line 20] LIKTELEI V'LO LIKTIL- he should be killed and not uproot [if it is in public or the time of a decree against the observance of Judaism]

44)[line 20] LA'VUREI MILSA KA BA'I- he wishes to cause him to transgress

45)[line 21] ...?BEN NO'ACH METZUVEH AL KEDUSHAS HASH-M ...?- is a Nochri commanded to sanctify the name of Hash-m [if he is ordered to worship Avodah Zarah upon the pain of death] ...? The prohibition against idol worship is one of the seven Mitzvos in which Nochrim are commanded (56a).

46)[line 24] , !IM ISA, TAMNEI HAVYAN!- if it were [so that a Nochri was commanded in Kiddush Hash-m], there would be eight!

47)[line 25] INHU V'CHOL ABIZRAIHU- [it could be that a Nochri is commanded in Kiddush Hash-m, and the seven Mitzvos of Bnei Noach include the Mitzvos] themselves and all matters that pertain to them

48)[line 25] ?MAI HEVEI ALAH?- what is the final ruling [regarding whether or not a Nochri is commanded in Kiddush Hash-m]?

49)[line 26]" ' : - ? , -, ; , - ' . , ' ...'""LA'DAVAR HA'ZEH YISLACH HASH-M L'AVDECHA ... VA'YOMER LO, 'LECH L'SHALOM." - The Episode of Elisha and Na'aman

(a)Elisha was a great prophet and was well known as a worker of miracles. Na'aman, general of the Aramean armies, suffered from Tzara'as. His Jewish maidservant convinced him to seek the help of Elisha to cure him of his disease. He hesitantly agreed, and to his surprise Elisha cured him completely. Overcome with gratitude, he offered great sums of money as a tribute to Elisha. Elisha refused to accept anything, preferring not to diminish the honor of Hash-m by accepting a gift. Na'aman was so impressed by this man of G-d that he accepted upon himself to no longer worship idols (Melachim II 5:1-19).

(b)Before accepting the Mitzvah upon himself, Na'aman added one caveat. "Regarding this matter may Hash-m forgive your servant: When my master comes to Beis Rimon (a temple to an idol) to prostrate himself there, and he supports himself upon me, I [must also] prostrate myself in Beis Rimon; when I prostrate myself in Beis Rimon; may Hash-m forgive your servant in this matter. And [Elisha] said to [Na'aman], 'Go in peace ..." (Melachim II 5:18-19).