1)ONE IS ALWAYS LIABLE FOR HIS MOTHER

(a)Support (for Rava - Beraisa): "Ish" excludes a minor. "Asher Yishkav Es Eshes Aviv" connotes whether or not she is his mother;

1.Question: What is the source to obligate Misah for his mother if she is not his father's wife?

2.Answer: "Ervas Aviv Gilah" is free to learn from a Gezerah Shavah. (The answer is finished below (13).)

3."Mos Yumsu" - they are stoned.

4.Question: Perhaps it refers to a different Misah!

5.Answer: It says here "Demeihem Bam", and also regarding Ov and Yid'oni. Just like there it refers to stoning, also here.

6.Question: This teaches the punishment. Which verse forbids Bi'ah with her?

7.Answer: "Ervas Avicha Lo Segale" refers to your father's wife.

8.Question: Perhaps it refers to your father himself!

9.Answer: It says "Ervas Avicha Lo Segale", and it says "Ervas Aviv Gilah";

i.Just like the latter refers to his father's wife, also the former.

10.Question: This includes his father's wife whether or not she is his mother. What is the source to forbid his mother if she is not his father's wife?

11.Answer: "Ervas Imcha Lo Segale."

12.Suggestion: Perhaps his mother is forbidden whether or not she is his father's wife, but they are Chayav Misah only if she is his father's wife!

13.Rejection: It says "Ervas Avicha Lo Segale", and "Ervas Aviv Gilah";

i.Just like the mother is forbidden in every case, the punishment is Misah in every case.

14."Imcha Hi" - he is liable only for his mother, but not for his father's wife.

(b)Chachamim explain, "Ervas Avicha" refers to Bi'ah with your father.

(c)Question: All Mishkav Zachar (homosexual relations) is forbidden - "v'Es Zachar"!

(d)Answer: For Bi'ah with his father he is liable also due to "Ervas Avicha", like Rav Yehudah taught.

1.(Rav Yehudah): If a Nochri had Bi'ah with his father, or with his father's brother he is liable twice.

2.(Rava): Presumably, Rav Yehudah refers to a Yisrael. If he was Shogeg he brings two Korbanos;

i.'Nochri' is a euphemism. He did not want to attribute such an act to a Yisrael;

ii.If it really referred to a Nochri, he is killed for transgressing any of his Mitzvos (even b'Shogeg). It is impossible to punish him twice!

3.Support (Beraisa): If one had Bi'ah with his father, or with his father's brother, he is liable twice.

4.Opinion #1: The Beraisa is unlike R. Yehudah. (He uses "Ervas Avicha" for a Gezerah Shavah. It does not teach about Bi'ah with his father.)

5.Opinion #2: The Beraisa is even like R. Yehudah. He learns (extra) liability for (Mishkav Zachar with) his father from a Kal va'Chomer from his (paternal) uncle:

i.If one is liable (an extra Korban) for (Bi'ah with) his uncle, the relative of his father, all the more so he is liable for his father!

6.Chachamim and R. Yehudah argue as Abaye and Rava do, about whether we punish based on a Kal va'Chomer):

i.R. Yehudah says that we do. That is his source to obligate for the father;

ii.Chachamim say that we do not. They expound "Ervas Avicha."

(e)Question: What is Chachamim's source to forbid a father's wife?

(f)Answer: They learn from "Ervas Eshes Avicha Lo Segale."

1.R. Yehudah uses that to forbid a father's widow.

2.Chachamim learn this from the end of the verse - "Ervas Avicha Hi."

3.R. Yehudah uses this to teach that (if she is married) you are liable only for your father's wife, and not for a married woman.

4.Question (Mishnah): If one had Bi'ah with his father's wife, he is liable for this and for a married woman, whether or not his father is alive.

i.R. Yehudah does not argue!

5.Answer (Abaye): He does not argue in the Mishnah, but (we may infer that) he argues in the Beraisa.

(g)Question: What is Chachamim's source to punish for a father's widow?

1.R. Yehudah can learn from the Gezerah Shavah, but Chachamim do not learn from it!

(h)Answer: R. Yehudah used "Ervas Aviv Gilah" for a Gezerah Shavah. Chachamim use this to teach Misah for a father's widow.

(i)Question: What is Chachamim's source to punish for one's mother if she was not his father's wife?

(j)Answer (Rav Shisha brei d'Rav Idi): "Imcha Hi" - the Torah equates a mother not married to the father with one who is married to him.

(k)(Mishnah): One who had Bi'ah with his daughter-in-law...

(l)Question: He should also be liable for Bi'ah with his son's wife (since the Torah gives this as another name for the Isur)!

(m)Answer (Abaye): The Torah begins by calling her Kalaso (daughter-in-law), and ends by calling her his son's wife, to teach that these are the same Isur.

2)MISHKAV ZACHAR

(a)(Mishnah): Men who have Mishkav Zachar, or a man or woman who transgressed bestiality (and the animal) are stoned.

(b)Question: The person sinned, why is the animal killed?

(c)Answer #1: Because the animal led to the downfall of a person, it is stoned.

(d)Answer #2: Also, the Torah does not want that people will see the animal and mention that Ploni was stoned due to it.

(e)(Gemara) Question: What is the source to stone for Mishkav Zachar?

(f)Answer (Beraisa): "Ish" - this excludes a minor; "Asher Yishkav Es Zachar" - whether he (the one he lies with) is a minor or adult;

1."Mishkevei Ishah" teaches that there are two kinds of Bi'ah with a woman (normal, and abnormal, i.e. in the anus. The same laws apply to both.)

2.R. Yishmael says, this (seemingly) came to teach (about Mishkav Zachar), but (since it is not needed for this, for there is only one way to do it), it teaches about Bi'ah with a woman.

3."Mos Yumasu" - by stoning;

4.Question: Perhaps they receive a different Misah!

5.Answer: It says here "Demeihem Bam", and also regarding Ov and Yid'oni. Just like there it refers to stoning, also here.

54b----------------------------------------54b

6.Question: This teaches the punishment. Where does the Torah forbid Mishkav Zachar?

7.Answer: "V'Es Zachar Lo Sishkav Mishkevei Ishah To'evah Hi."

8.Question: This forbids the Shochev (the man who inserts his Ever). Where does the Torah forbid the Nishkav (the man on the receiving end)?

9.Answer #1 (R. Yishmael): It says "Lo Yihyeh Kadesh mi'Bnei Yisrael"; and it says "Kadesh Hayah va'Aretz Asu k'Chol ha'To'avos" (this refers to Mishkav Zachar in the above verse. The plural alludes to both of them.)

10.Answer #2 (R. Akiva): We learn from "Lo Sishkav" - we (also) read this 'Lo Sishachev" (to be the Nishkav).

(g)Question: Where does the Torah say to kill for bestiality?

(h)Answer: "Ish" excludes a minor. "Asher Yiten Shechavto bi'Vhemah" - whether it is big or small. "Mos Yumas" - he is stoned.

1.Question: Perhaps he receives a different Misah!

2.Answer: It says here "Taharogu", like it says about a Mesis. Just like there it refers to stoning, also here.

3.Question: This punishes one who is Shochev with an animal. Where does the Torah punish a Nishkav?

4.Answer: "Kol Shochev Im Behemah Mos Yumas."

i.Since we do not need this to teach about a Shochev, we use it to teach about a Nishkav.

5.Question: This teaches the punishment. Where does the Torah forbid bestiality?

6.Answer: "Uv'Chol Behemah Lo Siten Shechavtecha."

7.Question: This forbids to be Shochev with an animal. Where does the Torah forbid a Nishkav?

8.Answer #1 (R. Yishmael): It says "Lo Yihyeh Kadesh"; and it says "Kadesh Hayah... (k'Chol ha'To'avos." Also bestiality is called To'evah.)

9.Answer #2 (R. Akiva): It says "Lo Siten Shechavtecha." We (also) read this 'Lo Siten Shechivasecha' (to be Nishkav).

(i)(R. Avahu): If Reuven was Shochev with a man and was Nishkav with a man:

1.According to R. Yishmael, he is liable twice (i.e. if he was Shogeg, he brings two Korbanos), for because different verses forbid these - "Lo Sishkav" and "Lo Yihyeh Kadesh");

2.According to R. Akiva, he is liable once, for both are learned from (different ways to read) "Lo Sishkav."

(j)(R. Avahu): If Reuven was Shochev with and was Nishkav with an animal:

1.According to R. Yishmael, he is liable twice, for "Lo Siten Shechavtecha" and "Lo Yihyeh Kadesh";

2.According to R. Akiva, he is liable once, for both are learned from (readings of) "Lo Siten Shechavtecha."

(k)(Abaye): Here, R. Yishmael agrees that he is liable only once. "Lo Yihyeh Kadesh" refers to Mishkav Zachar.

(l)Question: If so, what is his source to forbid a Nishkav (with an animal)?

(m)Answer: He learns from "Kol Shochev Im Behemah Mos Yumas." Since we do not need this to teach about a Shochev, (we already have sources that it is forbidden and punishable by stoning), we use it to teach about a Nishkav;

1.The Torah taught about a Nishkav through the word "Shochev" to teach that just like a Shochev is warned and punished, also a Nishkav.

(n)(R. Avahu): If Reuven was Nishkav with a man and with an animal:

1.According to R. Akiva, he is liable twice, for "Lo Sishkav" (we read 'Lo Sishachev') and "Lo Siten Shechavtecha" (we read 'Lo Siten Shechivasecha');

2.According to R. Yishmael, he is liable once, for both are learned from "Lo Yihyeh Kadesh."

(o)(Abaye): Here, R. Yishmael agrees that he is liable twice. It says "Kol Shochev Im Behemah Mos Yumas";

1.The Torah taught about a Nishkav through the word "Shochev" to teach that just like a Shochev is warned and punished, also a Nishkav.

(p)If one is Shochev and Nishkav with a man, and is Shochev and Nishkav with an animal, R. Avahu and Abaye agree that R. Yishmael obligates him three times (for "Lo Sishkav", "Lo Siten Shechavtecha", and "Lo Yihyeh Kadesh"), and R. Akiva obligates twice (for "Lo Sishkav" and "Lo Siten Shechavtecha").

3)BI'AH OF A MINOR

(a)(Beraisa): A boy is not considered like a man. A small animal is considered like a grown animal.

(b)(Rav): This means that we do not consider Bi'ah with a boy less than nine years old like Bi'ah with a boy above nine.

(c)(Shmuel): It means that we do not consider Bi'ah with a boy less than three like Bi'ah with a boy above three.

(d)Question: What do they argue about?

(e)Answer: Rav holds that only one who can be Shochev (i.e. a nine-year old, his Shechivah is considered Bi'ah) can be Nishkav;

1.Shmuel learns from "Mishkevei Ishah" (a male Nishkav is like a girl. If a three-year old girl is Nishkeves, it is considered Bi'ah)

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