POINT BY POINT OUTLINE
THE MORDECAI (MARCUS) BEN ELIMELECH SHMUEL KORNFELD
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
(a) (Mishnah): A blasphemer is liable only if he explicitly says Hash-m's name.
(b) R. Yehoshua ben Korchah says, during the trial, the witnesses use a euphemism (e.g. Yosi) for Hash-m's name. They say (that the blasphemer said) 'Yosi should strike Yosi';
1. After reaching a verdict of guilty, before killing him we tell everyone else to leave, and we ask the greatest witness to say the exact words that he heard;
2. He does so. The judges stand, tear their clothing and may never sew it back;
3. The second witness says 'I heard like he did.' If there are more witnesses, each says (one after the other) 'I heard like he did.'
(c) (Gemara - Beraisa): He is liable only if he curses Hash-m with Hash-m's name.
(d) Question: What is the source of this?
(e) Answer (Shmuel): "V'Nokev Shem... b'Nokvo Shem Yumas" (there must be two mentions of Hash-m's name).
(f) Question: What is the source that "Nokev" refers to cursing?
(g) Answer #1: "Mah Ekov Lo Kabo E-l";
1. We are warned not to do so from "Elokim Lo Sekalel."
(h) Question: Perhaps 'Nokev' means making a hole in Hash-m's name, like it says "va'Yikov Chor b'Dalto";
1. The warning not to do so would be "v'Ibadtem Es Shemam... Lo Sa'asun Ken la'Shem Elokeichem."
(i) Answer #1: The Isur is 'Nokev Shem' with Hash-m's name.
(j) Question: Perhaps he puts two names of Hash-m one on top of the other, and cuts both!
(k) Answer #1: That is 'Nokev Shem' twice. It is not 'Nokev Shem ba'Shem' (using Hash-m's name).
(l) Question: Perhaps he carves Hash-m's name on the end of a knife, and cuts Hash-m's name with it!
(m) Answer #1: The blade makes the hole. Hash-m's name does not.
(n) Question: Perhaps it means to explicitly say Hash-m's name - "Asher Nikvu b'Shemos";
1. The warning not to do so would be "Es Hash-m Elokecha Tira."
(o) Answer #1: That is not 'Nokev Shem' with Hash-m's name.
(p) Answer #2: "Es Hash-m Elokecha Tira" is an Aseh. It is not a warning.
(q) Answer #3 (and Answer #2 to all the other questions): (It says about the man killed for Nokev Shem) "va'Yikov... va'Ykalel," i.e. he cursed Hash-m.
(r) Question: Perhaps one is not liable until he does both (Nokev and blasphemy)!
(s) Answer: It says "Hotzei Es ha'Mekalel." It does not say that he was taken to be stoned for Nokev and blasphemy. This teaches that Nokev is blasphemy.
2) NOCHRIM ARE LIABLE FOR BLASPHEMY
(a) (Beraisa): "Ish Ish (Ki Yekalel Elokav)" includes Nochrim. They are warned against blasphemy like Yisraelim;
1. They are killed by the sword. This is the punishment for any of their transgressions.
(b) Question: A different verse teaches this!
1. "(Va'Ytzav) Hash-m (Elokim Al ha'Adam)" teaches about blasphemy.
(c) Answer (R. Yitzchak Nafcha): "Ish Ish..." teaches that Nochrim are liable for blasphemy with Kinuyim (other names of Hash-m). The Beraisa is like R. Meir.
1. (Beraisa - R. Meir) Question: What do we learn from "Ish Ish Ki Yekalel Elokav v'Nasa Chet'o"? It already says "v'Nokev Shem Hash-m Mos Yumas"!
2. Answer: One might have thought that "v'Nokev Shem" obligates only for the special (four letter) name of Hash-m. "Ish Ki Yekalel Elokav" (this is not Hash-m's special name) obligates for Kinuyim.
3. Chachamim say, one is killed for Hash-m's special name. One who curses a Kinuy transgresses a Lav. (Presumably, if a Yisrael is not killed for Kinuyim, Nochrim are not commanded about this.)
(d) R. Yitzchak Nafcha argues with R. Meisha.
1. (R. Meisha): If a Nochri cursed a Kinuy, Chachamim say that he is liable.
2. Question: What is the reason?
3. Answer: "Ka'Ger ka'Ezrach" - a Ger (convert) or Ezrach (Ben Yisrael) is liable only for "b'Nokvo Shem" (Hash-m's special name), but a Nochri is liable for Kinuyim.
4. Question: What does R. Meir learn from "ka'Ger ka'Ezrach"?
5. Answer: A Ger or Ezrach is stoned, but a Nochri is beheaded;
i. One might have thought that since the verse includes Nochrim, they receive the same Misah. "Ka'Ger ka'Ezrach" teaches that this is not so.
(e) Question: According to R. Yitzchak Nafcha, what do Chachamim learn from "ka'Ger ka'Ezrach"?
(f) Answer: A Ger or Ezrach is liable only for cursing 'Shem ba'Shem.' A Nochri is liable for any blasphemy.
(g) Question: What does he learn from "Ish Ish"?
(h) Answer: The Torah speaks like people do. (We need not expound a doubled word.)
3) THE SEVEN MITZVOS OF BENEI NOACH
(a) (Beraisa): Nochrim must observe seven Mitzvos: Dinim (to set up courts to enforce civil laws), and Isurim against blasphemy, idolatry, Arayos, murder, theft, and Ever Min ha'Chai (eating a limb of a living animal).
(b) R. Chananyah ben Gamliel says, they are also forbidden to eat blood of a living animal;
(c) R. Chidka says, they are also forbidden to castrate;
(d) R. Shimon says, also Kishuf (witchcraft) is forbidden to them;
1. R. Yehudah says, everything in the Parshah of Kishuf is forbidden to them - "Ma'avir Beno u'Vito ba'Esh Kosem Kesamim Me'onen u'Menachesh u'Mechashef v'Chover Chaver v'Sho'el Ov v'Yid'oni v'Doresh El ha'Mesim... u'Viglal ha'To'evos ha'Eleh Hash-m Elokecha Morish Osam Mipanecha."
2. The Torah does not punish without warning.
3. R. Eliezer says, they are commanded about Kilayim (crossbreeding) animals and grafting diverse trees onto each other;
i. They are permitted to wear Kilayim (Sha'atnez) and to plant Kilayim (mixed seeds).
(e) Question: What is the source of this?
(f) Answer #1 (R. Yochanan): "Va'Ytzav" refers to Dinim, like it says "Asher Yetzaveh Es Banav (...La'asos Tzedakah u'Mishpat)";
1. "Hash-m" refers to blasphemy - "v'Nokev Shem Hash-m...";
2. "Elokim" refers to idolatry - "Lo Yihyeh Lecha Elohim Acherim";
3. "Al ha'Adam" refers to murder - "Shofech Dam ha'Adam";
4. "Leimor" refers to Arayos - "Leimor Hen Yeshalach Ish Es Ishto... v'Haysah l'Ish Acher";
5. You may eat "mi'Kol Etz ha'Gan," but not from theft;
6. "Achol Tochal" (from the trees),but not a limb of a living animal.
(g) Answer #2 (R. Yitzchak): "Va'Ytzav" refers to idolatry. "Elokim" refers to Dinim (the others are like R. Yochanan taught).
(h) Question: Granted, "Elokim" refers to Dinim - "v'Nikrav Ba'al ha'Bayis El ha'Elohim";
1. However, how does "va'Ytzav" refer to idolatry?
(i) Answer #1 (Rav Chisda or R. Yitzchak bar Avdimi): "Saru Maher Min ha'Derech Asher Tzivisim Asu Lahem Masechah."
(j) Answer #2 (The other of Rav Chisda and R. Yitzchak bar Avdimi): "... Holach Acharei Tzav (commandments of the Nevi'im of idolatry)."
(k) Question: What is the difference between these answers?
(l) Answer: They argue about a Nochri who made an idol but did not serve it yet;
1. If we learn from "Asu Lahem Masechah" , he is liable once he makes it;
2. If we learn from "Holach Acharei Tzav", he is not liable until he serves it.
(m) Question (Rava): All agree that a Nochri is not liable until he serves it!
1. (Beraisa): Regarding idolatry, a Nochri is commanded only about things that a Yisrael is killed for.
2. Suggestion: This excludes a Nochri who made an idol but did not serve it yet.
(n) Answer (Rav Papa): No, it excludes hugging and kissing.
(o) Question: What is the case?
1. If hugging and kissing is the way this idol is served, a Yisrael is killed for this!
(p) Answer: This is not the way this idol is served.
4) OTHER OPINIONS ABOUT THE SEVEN MITZVOS
(a) Question: Is it really true that Nochrim are commanded about Dinim?!
1. (Beraisa): Yisrael were commanded 10 Mitzvos at Marah - the seven of Bnei Noach, and additionally Dinim, Shabbos, and honoring parents.
i. We learn Dinim from "Sham Sam Lo Chok u'Mishpat";
ii. We learn Shabbos and honoring parents from "Ka'asher Tzivcha Hash-m Elokecha" said (regarding these Mitzvos) on Sinai;
iii. (Rav Yehudah): We were commanded at Marah.
(b) Answer #1 (Rav Nachman): Nochrim are commanded about Dinim. At Marah, Yisrael were commanded about 23 judges (for capital cases, two) witnesses and warning.
(c) Objection: It says additionally they received Dinim. These are not extra laws, rather, mere conditions for existing laws!
(d) Answer #2 (Rava): Additionally, they received laws of fines.
(e) Objection: If the laws of Bnei Noach include Dinim, it should not say 'additionally' they received Dinim, rather, they received additional Dinim!
(f) Answer #3 (Rav Acha bar Yakov): Yisrael were commanded to set up Batei Din in every province and city.
(g) Objection: Bnei Noach are also commanded about this!
1. (Beraisa): Just like Yisrael must set up Batei Din in every province and city, also Nochrim must.
(h) Answer #4 (Rava): The Tana of the Beraisa (about 10 Mitzvos at Marah) is Tana d'Vei Menasheh, who includes castration and Kilayim among the seven Mitzvos, and excludes Dinim and blasphemy.
1. (Beraisa - Tana d'Vei Menasheh): The seven Mitzvos of Bnei Noach are idolatry, Arayos, murder, theft, a limb of a living animal, castration and Kilayim.
2. R. Yehudah says, Adam ha'Rishon was commanded only about idolatry - "va'Ytzav Hash-m Elokim Al ha'Adam" (Adam must accept that Hash-m is G-d).
3. R. Yehudah ben Beseira says, he was commanded also about blasphemy;
4. Some say, he was commanded also about Dinim.
(i) Question: Like whom is the following?
1. (Rav Yehudah): 'I am Elokim, do not curse Me. I am Elokim, do not worship something else in place of Me. I am Elokim, My authority should be upon you (to keep Dinim).'
(j) Answer: It is like 'some say.'