[84a - 43 lines; 84b - 47 lines]

1)[line 2] "U'MIN HA'MIKDASH LO YETZEI, V'LO YECHALEL ES MIKDASH EL-KAV..."- "And he shall not leave the Sanctuary, and [thereby] he will not profane the sanctuary of his G-d..." (Vayikra 21:12) - This verse instructs a Kohen Gadol who is an Onen (see Background to Sanhedrin 83:19) not to act in the normal manner of an Onen. While he is an Onen, he is permitted to perform the Divine Service without profaning it. From this fact, our Gemara learns that an ordinary Kohen who is an Onen who performs the Divine Service does profane it.

2)[line 3] ACHER- (lit. another) an ordinary Kohen

3)[line 13] "ACH EL HA'PAROCHES LO YAVO, V'EL HA'MIZBE'ACH LO YIGASH, KI MUM BO, V'LO YECHALEL ES MIKDASHAI, KI ANI HASH-M MEKADESHAM."- "Only he shall not go in to the Paroches (the curtain separating the Holy from the Holy of Holies), nor come near to the Mizbe'ach, because he has a Mum (blemish). And he shall not profane My sanctuaries, for I, HaSh-m, do sanctify them." (Vayikra 21:23)

4)[line 22] AMAR KRA "BO"- the verse says "Bo" (lit. "*in him* has Hash-m chosen..." (Devarim 18:5)

5)[line 29] "KOL HA'KAREV HA'KAREV EL MISHKAN HASH-M YAMUS; [HA'IM

TAMNU LIGVO'A?]" - "Who ever comes at all near the tabernacle of HaSh-m shall die. [Shall we totally perish?]" (Bamidbar 17:28) - The Jewish people expressed their fear that any non-Kohen who approaches the Mishkan (and enters an area where only a Kohen may enter) will be Chayav Misah.

6)[line 33] "VEHA'NAVI HA'HU O CHOLEM HA'CHALOM HA'HU YUMAS, [KI DIBER SARAH AL HASH-M EL-KEICHEM, HA'MOTZI ESCHEM ME'ERETZ MITZRAYIM VEHA'PODCHA MI'BEIS AVADIM, L'HADICHACHA MIN HA'DERECH ASHER TZIVCHA HASH-M EL-KECHA LALECHES BAH; U'VI'ARTA HA'RA MI'KIRBECHA.]"- "And that prophet, or that dreamer of dreams, shall be put to death; [because he has spoken to turn you away from HaSh-m your G-d, who brought you out of the land of Egypt, and redeemed you out of the house of slavery, to thrust you out of the way which HaSh-m your G-d commanded you to walk in. So shall you purge the evil away from the midst of you.]" (Devarim 13:6)

*****PEREK #10 ELU HEN HA'NECHENAKIN*****

7)[line 1] HA'MAKEH AVIV V'IMO - one who hits his father or his mother (CHOVEL B'AV V'EM)

(a)A person who strikes his father or mother such that blood flows from the wound, after having received a proper warning that the act is punishable with death, is liable to the death penalty of Chenek (choking), as it states in the Torah (Shemos 21:15).

(b)If blood does not flow from the wound when the person strikes his father or mother, the penalty is the same as Chovel b'Chaveiro, one who strikes his fellow man (see Background to Sanhedrin 78:30). (RAMBAM Hilchos Chovel u'Mazik 4:7)

8)[line 2] ZAKEN MAMREI AL PI BEIS DIN (ZAKEN MAMREI)

(a)A Zaken Mamrei is a Torah Sage who argues against and defies the ruling of the Great Sanhedrin of 71 judges of the Lishkas ha'Gazis in Yerushalayim, with regard to a practical Halachic decision. The Torah states, "veha'Ish Asher Ya'aseh v'Zadon l'Vilti Shemo'a El ha'Kohen... O El ha'Shofet, u'Mes ha'Ish ha'Hu..." - "And the man who will act presumptuously, and will not listen to the Kohen... or to the judge, that man shall die..." (Devarim 17:12).

(b)Chazal received the tradition that a Sage does not become a Zaken Mamrei unless the following conditions are met:

1.He is one of the outstanding Torah Sages of his time, authorized to judge and to teach Halachic matters.

2.He was involved in a dispute with other Sages in a Halachic matter, and they brought the case to the Great Sanhedrin for judgment.

3.The Sanhedrin ruled against him, but he nevertheless returned to his city and obstinately continued to rule according to his own opinion.

(c)If these three conditions are fulfilled after having received the proper warnings, he is termed a Zaken Mamrei and is put to death by Chenek (choking). His sentence is carried out in Yerushalayim when Benei Yisrael come for Aliyah la'Regel, on the next holiday, to fulfill the verse, "v'Chol Yisrael Yishme'u v'Yira'u, v'Lo Yezidun Od." - "And all the people of Yisrael shall hear, and fear, and do no more presumptuously [inspired acts]." (ibid. 17:13)

9)[line 3] NEVI HA'SHEKER - the false prophet

(a)The Torah describes three instances of false prophets who are put to death by Chenek (choking): 1. A person who, in the name of Avodah Zarah, tells people to do or not to do anything; 2. A person who says a prophecy (even in the name of HaSh-m) that he did not hear; 3. A person who says a prophecy that was said to another prophet. These people are judged by the Beis Din ha'Gadol of seventy-one judges.

(b)A false prophet is sentenced to death even if he spoke the words of HaSh-m and did not add or subtract from the Mitzvos of the Torah. (RAMBAM Hilchos Avodah Zarah 5:6-7)

10)[line 3] HA'MISNABEI B'SHEM AVODAS KOCHAVIM- one who prophesies in the name of idols

11)[line 8] SALKA DA'ATACH?- Does this (the following) make sense?

12)[line 8] KATAL CHAD B'SAYIF, V'AVIV B'CHENEK?!- If he (a murderer) kills one [other person, he is punished] with [the death penalty of] Sayif (death by the sword). [Does it make sense that should he kill] his father, [he would be punished] with [the less severe punishment of] Chenek (death by choking)?!

13)[line 12] "O V'EIVAH HIKAHU V'YADO VA'YAMOS, [MOS YUMAS HA'MAKEH, ROTZE'ACH HU; GO'EL HA'DAM YAMIS ES HA'ROTZE'ACH B'FIG'O BO.]"- "Or if in enmity he hits him with his hand, so that he dies; [he who hit him shall surely be put to death, for he is a murderer; the Go'el ha'Dam shall slay the murderer when he meets him.]" (Bamidbar 35:21)

14)[line 15] "KOL MAKEH NEFESH, [LEFI EDIM YIRTZACH ES HA'ROTZE'ACH; V'ED ECHAD LO YA'ANEH V'NEFESH LAMUS.]"- "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)

15)[line 19] NEFALIM- stillborns

16)[line 19] BEN SHEMONAH

(a)According to Chazal, a woman can give birth to a viable child only from a seven-month or a nine-month term of pregnancy. The child that is born from an eight-month term will not be viable. Even if he appears normal upon birth it is assumed that he will not survive and will die from a birth defect shortly.

(b)The Amora'im argue as to whether the child born at the beginning, but before the end, of the ninth month ("l'Mekuta'in") can be viable. According to all opinions, however, a woman who gives birth before the end of the seventh month of pregnancy can bear a viable child. (For example, Shmuel ha'Navi was born after six months and two days, as mentioned in Yevamos 42a, based on the verse in Shmuel I 1:20).

(c)If the features of a baby born in the eighth month (especially the hair and nails) are fully developed, he is deemed by Rebbi to have developed in seven months, but to have lingered in the womb until the eighth month (Yevamos 80a). Therefore, he is considered a viable child. However, some rule that his viability is in question until he lives thirty days (or twenty years, according to RASHI -- see Insights to Yevamos 80:1).

17)[line 20] CHABURAH- a wound from which blood flows

18)[line 22] MAKEH ADAM U'MAKEH VEHEMAH- this refers to the verse, "u'Makeh Vehemah Yeshalemenah; u'Makeh Adam Yumas" - "And he who kills a beast, he shall pay for it; and he who kills a man, he shall be put to death." (Vayikra 24:21) - Even though this verse does not contain the word "Nefesh," the verse that does contain the word "Nefesh" (ibid. 24:18) can easily refer to wounding an animal as well as killing it ("Mah Li Katlah Kulah, Mah Li Katlah Palga?"), since both cases result in a monetary obligation alone. As such, we learn that one is not obligated to pay for the damages inflicted in an animal unless blood flows from the wound, since a verse referring to wounding an animal uses the word "Nefesh." (The Gemara will abandon this assumption shortly.) Likewise, one is not obligated in "Makeh Adam," striking a person (specifically one's father or mother), unless blood flows from the wound. (YA'AVETZ)

19)[line 26] HIKCHISHAH B'AVANIM- a person damaged it (the animal) with stones [but no blood flowed from its wounds]

20)[line 28] TENEIHU INYAN L'NEFESH ADAM- use it [to teach the Halachah] for the Nefesh of a person [that one is only liable to the death penalty for wounding one's father or mother if blood flows from the wound]

21a)[line 30] (LICHED'TANYA) [LICHED'TANA] D'VEI CHIZKIYAH- for [the teaching of] the Tana from the Beis Midrash of Chizkiyah (who taught that animals and people are compared in this verse in order to exempt a person from payment whenever the victim dies, whether the attacker intended to kill him or not -- but see Sanhedrin 79b and TOSFOS DH Bein Shogeg and similar Sugyos in Bava Kama 35a and Kesuvos 35a)

b)[line 31] L'MAN D'LEIS LEI TANA D'VEI CHIZKIYAH- those Tana'im who do not rule like the Tana from the Beis Midrash of Chizkiyah (such as Rebbi and Rabanan on Daf 79a-b -- see TOSFOS there DH Bein Shogeg)

22)[line 34] BEN MAHU SHE'YAKIZ DAM? - May a son let blood [for his father]? (HAKAZAS DAM)

Ancient medical practice recognized bloodletting as an effective treatment for illness. The Gemara is asking whether a son may perform this treatment on his father, even though it involves drawing blood, or whether it is included in the prohibition against inflicting a wound on one's father.

23)[line 38] RAV [PAPA] LO SHAVIK LI'VEREI L'MISHKAL LEI SILVA- Rav [Papa] did not allow his son to remove a thorn/splinter from his flesh

24)[line 40] L'MIFTACH LEI KEVASA- to open a blister for him

25)[line 40] DILMA CHAVIL- perhaps he will cause a wound [unnecessarily]

26)[line 41] SHIGEGAS LAV- an accidental transgression of a Lo Sa'aseh, a negative commandment

27)[line 42] MACHAT SHEL YAD LITOL BAH ES HA'KOTZ- a small, hand-held needle [may be used on Shabbos] to remove a splinter with it

28)[line 45] MEKALKEL PATUR / CHAYAV

(a)MEKALKEL (destroying) - Normally, one is Chayav on Shabbos only for performing a Melachah that is a creative act. If a person performed an act of destruction or impairment he is Patur. (For example, digging a hole in the middle of one's floor ruins the floor, and such an act is not considered Boneh (building) and is Patur.)

(b)Although this rule applies to all other Melachos of Shabbos, there is an argument among the Tana'im as to whether it applies to the Melachos of Chaburah (making a bruise and letting blood) and Hav'arah (lighting a fire). According to Rebbi Shimon, these two Melachos are exceptions to the rule, and one is Chayav even if they only accomplished a destructive act and not a constructive one. Rebbi Yehudah, who rules "Mekalkel b'Chaburah Patur," maintains that there is no difference between these two Melachos and the other Melachos.

(c)Our Gemara shows that even according to Rebbi Shimon, if the person who is Mekalkel b'Chabura does not need the result of this action (i.e. it is a "Melachah she'Einah Tzerichah l'Gufah" -- see Background to Sanhedrin 85:1), he is Patur.

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