[38a - 40 lines; 38b - 40 lines]
1)[line 1]דאם כן נכתוב קרא להאי רעהו גבי מועדD'IM KEN, NICHTOV KRA L'HAI RE'EHU GABEI MU'AD- for if it were so [that the verse wished to exempt one from paying for an animal belonging to Hekdesh], the verse should have written "Re'ehu" when discussing a Mu'ad. It is not clear from the Gemara why Hekdesh is exempt from paying when its ox damages one belonging to a private individual. RASHI offers two explanations: (a) The verse regarding a Tam states, "If the ox of a man (Ish) shall gore..." (Shemos 21:35), and the verse regarding a Mu'ad states, "and its owners (Be'alav) were warned ..." (Shemos 21:29). "Ish" and "Be'alav" imply that only a private owner of an ox is responsible to pay for damage that it causes; (b) No extra verses are necessary. It is impossible to infer that an animal belonging to Hekdesh is only responsible for damaging a contemporary, since Hekdesh has no contemporary. Therefore, the word "Re'ehu" must imply that a Shor Tam belonging to Hekdesh is exempt. Once a Shor Tam of Hekdesh is exempt, it follows that when the Torah continues and rules that a Mu'ad must pay for full damages, this refers only to an animal that was responsible for half-damages as a Tam. The explanation of TOSFOS DH d'Im is similar to the second explanation of Rashi.
2)[line 3]ממה נפשךMIMAH NAFSHACH?- which way would you like to turn? (i.e., whichever way one looks at it, this Halachah does not appear to be logical)
3)[line 3]אי רעהו דוקאIY RE'EHU DAVKA- if the word "Re'ehu" is specific [in its implication that one is responsible only if his animal damages that of a contemporary]
4)[line 6]"עמד וימודד ארץ ראה ויתר גוים""AMAD, VA'YEMODED ERETZ; RA'AH, VA'YATER GOYIM..."- "He stood, and shook the earth; He beheld, and caused the nations to tremble..." (Chabakuk 3:6)
5)[line 7]שבע מצות שקיבלו עליהם בני נחSHEVA MITZVOS SHE'KIBLU ALEIHEM BNEI NOACH (SHEVA MITZVOS BNEI NOACH - The Seven Noahide Laws)
(a)All people other than Jews are categorized as "Bnei Noach," since all of mankind is descended from Noach. From the inception of the human race - long before the acceptance of the Torah or the existence of the Jewish people - mankind was instructed to fulfill seven basic categories of Mitzvos. From the time that they accepted the Torah, Klal Yisrael follow the guidelines of the Torah. The rest of humanity, however, remains bound by the original seven Mitzvos.
(b)These Mitzvos include six categories of prohibitions and one positive commandment, as follows:
1.The prohibition against worshiping idols (Avodah Zarah).
2.The prohibition against cursing HaSh-m (Birkas HaSh-m).
3.The prohibition against committing murder (Shefichus Damim).
4.The prohibition against committing adultery or engaging in incestuous relationships (Giluy Arayos).
5.The prohibition against stealing (Gezel).
6.The prohibition against consuming a limb detached from an animal while it is still alive (Ever Min ha'Chai).
7.The positive commandment to establish courts of law (Dinim).
(c)Some of these categories include numerous actions prohibited under the general heading of the Mitzvah. A Ben Noach who transgresses an action that falls under these classifications receives the death penalty, even if he had not received prior warning. The penalty for the transgression of these Mitzvos is so severe since they disrupt the natural order of the world (RAMBAM Hilchos Melachim 9:14).
(d)The Rambam (ibid. 8:11) writes that Bnei Noach who are careful to fulfill their seven Mitzvos are "Chasidei Umos ha'Olam" ("Pious Ones of the Nations"), and that they merit a share in the World to Come. This is only true, however, if they perform these Mitzvos specifically because HaSh-m has commanded them to. If their rationale for doing so is that they are logical guidelines for the survival of the world, then such Nochrim have not earned the designation of "Chasidei Umos ha'Olam."
6)[line 10]"... הופיע מהר פארן""... HOFI'A ME'HAR PARAN..."- "... He appeared from the Mountain of Paran..." (Devarim 33:2). This verse refers to the giving of the Torah. Har Paran borders the Sinai Desert, and at the time of the giving of the Torah was the area in which the descendants of Yishmael resided. When Yishmael, along with the other nations of the world, rejected the Torah when it was offered to them (Avodah Zarah 2b), HaSh-m revealed their money to Klal Yisrael and rendered it Hefker (ownerless).
7)[line 15]מאי ואומרMAI 'V'OMER'?- what [is the necessity for] the additional verse?
8)[line 18]והגלה אותם מעל אדמתםV'HIGLEH OSAM ME'AL ADMASAM- and he exiled them from their lands
9)[line 20]"[אך את זה תאכלו מכל שרץ העוף ההולך על ארבע אשר לא כרעים ממעל לרגליו] לנתר בהן על הארץ""[ACH ES ZEH TOCHLU MI'KOL SHERETZ HA'OF HA'HOLECH AL ARBA; ASHER LO CHERA'AYIM MI'MA'AL L'RAGLAV] L'NATER BAHEN AL HA'ARETZ."- "[But these you may eat of all creeping flying insects that walk upon all four; those which have two legs in front of their back four legs] with which to leap upon the earth" (Vayikra 11:21).
10)[line 20]ומתרגם לקפצא בהון על ארעאU'METARGEM, L'KAPATZA VEHON AL AR'A- and the translation of Onkelus is, "with which to leap upon the earth"
11)[line 22]והתירן להםV'HITIRAN LA'HEN- and he permitted [the previously forbidden actions] to them
12)[line 22]איתגורי אתגר? א''כ מצינו חוטא נשכר!ISGUREI ISGAR? IM KEN, MATZINU CHOTEI NISKAR!- Did they then receive a reward? If so, we have found a sinner who benefits [from sinning] (which is not the way HaSh-m intended the world to function]!
13)[line 23]שאפילו מקיימין אותן אין מקבלין עליהן שכרSHE'AFILU MEKAYEMIN OSAN, EIN MEKABLIN ALEIHEN SECHAR- even if they do fulfill them, they do not receive reward for doing so [although they will still be held accountable if they do not fulfill them]
14)[line 25]"ושמרתם את חקותי ואת משפטי אשר יעשה אתם האדם וחי בהם אני ה'""[U'SHEMARTEM ES CHUKOSAI V'ES MISHPATAI,] ASHER YA'ASEH OSAM HA'ADAM VA'CHAI BA'HEM; [ANI HASH-M.]"- "[And You shall guard My edicts and My ordinances,] which people shall perform and live through them; [I am HaSh-m]" (Vayikra 18:5). The phrase "live through them" implies that those who perform Mitzvos will receive a share in the world to come.
15)[line 27]כמצווה ועושהK'METZUVEH V'OSEH- as one who was commanded in the Mitzvah and then performed it
16)[line 28]גדול המצווה ועושה יותר ממי שאינו מצווה ועושהGADOL HA'METZUVEH V'OSEH YOSER MI'MI SHE'EINO METZUVAH V'OSEH- one who performs a Mitzvah in which he was commanded [receives] greater [reward] than one who performs a Mitzvah in which he was not commanded [since (a) he worries more about discharging his obligation (TOSFOS to Kidushin 31a DH Gadol); (b) he has fulfilled the will of his Creator (TOSFOS HA'ROSH ibid., second explanation)]
17)[line 29]מלכות רומי הרשעהMALCHUS (ROMI) [HA'RESHA'AH]- the (Roman) [evil] empire. The word "ha'Resha'ah" was changed by Christian censor.
18)[line 29]סרדיוטותSERADYOTOS- Roman officers
19)[line 30]קראו ושנו ושלשוKAR'U V'SHANU V'SHILSHU- they learned, reviewed, and reviewed again
20)[line 30]בשעת פטירתןB'SHA'AS PETIRASAN- when they left [back to Rome]
21)[line 34]מודיעיםMODI'IM- relay
22)[line 35]שכיבא ליה ברתאSHECHIVA LEI BARTA- his daughter died
23)[line 35]קום ניזל נינחמיהKUM; NEIZIL NINCHEMEI- get up; let us go and comfort him
24)[line 36]מאי אית לי גבי נחמתא דבבלאי? דגידופא הוא!MAI IS LI GABEI NECHEMTA D'BAVLA'EI? D'GIDUFA HU!- what have I to do with the comfort usually offered by the Babylonians? For it is blasphemy!
25)[line 36]מאי אפשר למיעבדMAI EFSHAR L'MEI'AVAD?- what could have been done?
26)[line 37]הא אפשר למיעבד עבדיHA EFSHAR L'MEI'AVAD, AVDEI?- if there was what to do, they would have done it [in opposition to the Divine will]?
27)[line 37]לחודאיL'CHUDA'I- alone
28)[line 38]"ויאמר ה' (אל משה) [אלי] אל תצר את מואב ואל תתגר בם מלחמה""VA'YOMER HASH-M (EL MOSHE) [ELAI], 'AL TATZAR ES MO'AV V'AL TISGAR BAM MILCHAMAH...'"- "And HaSh-m said to me, 'Do not harass Mo'av nor instigate a war with them...'" (Devarim 2:9). This verse was written in the first person by Moshe Rabeinu.
29)[line 38]מה עלה על דעתו של משהMAH ALAH AL DA'ATO SHEL MOSHE...?- [for] what [reason] would it have occurred to Moshe...?
30)[line 39]נשאNASA- [would have] figured (see TOSFOS DH Nasa)
31)[line 39]ומה מדינים שלא באו אלא לעזור את מואבU'MAH MIDYANIM SHE'LO BA'U ELA LA'AZOR ES MO'AV- and if the Midyanim only came to help Mo'av [neutralize the threat posed by Klal Yisrael (see Bamidbar 22:2-7 and 25:1-9)]
32)[last line]"צרור את המדינים והכיתם אותם""TZAROR ES HA'MIDYANIM, V'HIKISEM OSAM."- "Harass the Midyanites, and strike them" (Bamidbar 25:17).
38b----------------------------------------38b
33)[line 2]פרידותPREIDOS- squabs (young pigeons)
34a)[line 3]רות המואביהRUS HA'MO'AVIYAH- Rus the Moabite [convert, mother of David ha'Melech]
b)[line 4]ונעמה העמוניתV'NA'AMAH HA'AMONIS- Na'amah the Amonite [convert, mother of Rechav'am ha'Melech]
35)[line 5]חסCHAS- had pity
36)[line 8]על אחת כמה וכמה דהוה חיהAL ACHAS KAMA V'KAMAH D'HAVAH CHAYAH!- all the more so she would have lived! (See Insights)
37)[line 10]אין הקב''ה מקפח שכר כל בריהEIN HA'KADOSH BARUCH HU MEKAPE'ACH SECHAR KOL BERYAH- HaSh-m does not withhold reward from any creature
38)[line 11]שיחה נאהSICHAH NA'AH- refined speech
39)[line 11]בכירה דקאמרה מואבBECHIRAH DEK'AMRAH MO'AV- the older daughter [of Lot] who called [her son fathered by her father] "Mo'av" (lit. "from my father") (see Bereishis 19:30-38)
40)[line 14]אנגריאANGARYA- subjugation
41)[line 14]צעירה דקאמרה בן עמיTZE'IRAH DEK'AMRAH BEN AMI- the younger daughter [of Lot] who called [her son fathered by her father] "Ben Ami" (lit. "son of my nation") (see Bereishis 19:30-38)
42)[line 15]'וקרבת מול בני עמון אל תצורם ואל תתגר בם' כלל'V'KARAVTA MUL BNEI AMON, AL TETZUREM V'AL TISGAR BAM...' KLAL- "And when you approach opposite the nation of Amon, do not harass them and do not incite a war with them ..." (Devarim 2:19) [which implied that Klal Yisrael should not make life difficult for them] whatsoever
43)[line 19]שבשביל לילה אחת שקדמתה בכירה לצעירהSHE'BISHVIL LAILAH ACHAS SHE'KADMASAH BECHIRAH LI'TZE'IRAH- because the older daughter [of Lot] preceded the younger daughter [in having relations with their father] by one night. The daughters of Lot were under the impression that there was no other man left alive in the world, and that they had no other option through which to perpetuate humanity. Therefore, their actions are referred to by our Gemara as a "Mitzvah."
44)[line 20]קדמתהKADMASAH- her [descendant] preceded [the descendant of her sister]
45)[line 21]עובד ישי ודוד ושלמהOVED, YISHAI, V'DAVID, U'SHLOMO- [Rus the Amonite, descendant of the older daughter, married Boaz and fathered] Oved, [who fathered] Yishai, [who fathered] David, [who fathered] Shlomo (Rus, chapter 4)
46)[line 22]"[ורחבעם בן שלמה מלך ביהודה בן ארבעים ואחת שנה רחבעם במלכו ושבע עשרה שנה מלך בירושלים העיר אשר בחר ה' לשום את שמו שם מכל שבטי ישראל] ושם אמו נעמה העמונית""[U'RECHAVAM BEN SHLOMO MALACH BI'YEHUDAH; BEN ARBA'IM V'ACHAS SHANAH RECHAVAM B'MOLCHO, U'SHEVA ESREH SHANAH MALACH BI'YERUSHALAYIM, HA'IR ASHER BACHAR HASH-M LA'SUM ES SHEMO SHAM MI'KOL SHIVTEI YISRAEL,] V'SHEM IMO, NA'AMAH HA'AMONIS." - "[And Rechav'am the son of Shlomo reigned in Yehudah; he was forty-one years old when he became king, and seventeen years he reigned in Yerushalayim, the city which HaSh-m chose to place His Name there from out of all the tribes of Yisrael;] and his mother's name was Na'amah the Amonis." (Melachim I 14:21) (RECHAVAM THE SON OF SHLOMO)
The Kingdom of Yehudah angered HaSh-m with the evil that they perpetrated, even more than they did in the days of the Shoftim. They, too, made for themselves Bamos (altars), Matzeivos (monuments), and Asheros (idol trees) "on every high hill, and underneath every leafy tree." In addition, they indulged in prostitution, copying "all the abominations that those nations perpetrated whom HaSh-m had expelled (from the Land) before them."
47)[line 24]כותיKUSI
(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and forcibly resettled them in the Shomron (Samaria). They converted to Judaism after they found themselves under attack from lions. Tana'im disagree as to whether their conversion was an honest and valid one since they eventually came to accept all of the Torah (Geirei Emes Hem), or whether it was solely prompted by feelings of self-preservation and the Kusim remained Nochrim (Geirei Arayos Hem).
(b)After the times of the Mishnah, they were found worshipping an image of a dove. At that point, the Chachamim unanimously gave them the status of Nochrim (Chulin 6a). Most Rishonim interpret this to mean that they were from that point and onward treated as Nochrim l'Chumra (stringently). The RAMBAM (Peirush ha'Mishnayos), however, maintains that they declared full-fledged Nochrim regarding all Halachic matters.
48)[line 29]כותים גרי אריות הןKUSIM GEREI ARAYOS HEM- see previous entry
49)[line 30]הכתמיםKESAMIM - Garments Stained with Menstrual Blood
(a)All objects belong to one of three categories:
1.Sources of Tum'ah
2.Objects that can become Tamei
3.Objects that cannot become Tamei
(b)A source of Tum'ah is called an Av ha'Tum'ah. The exception to this is a corpse, which is referred to as the "Avi Avos ha'Tum'ah" due to the fact that it can generate more Tum'ah than any other object. When something or someone comes into contact with an object that is Tamei, it/he attains a status of Tum'ah one degree weaker than that object. Therefore, that which comes into contact with an Av ha'Tum'ah becomes a Rishon l'Tum'ah (or Vlad ha'Tum'ah). That which receives its Tum'ah from a Rishon becomes a Sheni l'Tum'ah, that which receives its Tum'ah from a Sheni becomes a Shelishi l'Tum'ah (in certain cases), etc.
(c)A metal utensil may attain the status of an Avi Avos ha'Tum'ah, an Av ha'Tum'ah, or a Rishon l'Tum'ah (see Insights to Pesachim 14b); a person and utensils made of all materials other than earthenware may attain the status of an Av ha'Tum'ah or a Rishon l'Tum'ah (although Chazal decreed that one's hands attain status of a Sheni l'Tum'ah under certain circumstances; see Background to Gitin 15:26); earthenware utensils may attain the status of a Rishon l'Tum'ah; food and liquids which are Chulin may attain the status of a Rishon l'Tum'ah or a Sheni l'Tum'ah; Terumah may attain the status of even a Shelishi l'Tum'ah; and Hekdesh may attain the status of even a Revi'i l'Tum'ah.
(d)The only liquids with the status of an Av ha'Tum'ah are semen; the Zov, saliva, and urine of a Zav (see Background to 17:58); and the blood, saliva, and urine of a Nidah (see Background to 37:35) or Zavah (see Background to 46:16).
(e)Only fresh Nidah blood (derived from Vayikra 15:19) of a Jewess (derived from ibid. 12:2) is Tamei mid'Oraisa. Chazal decreed that fresh blood of a Nochris is Tamei as well (Nidah 34a).
(f)Kesamim are clothing stained with blood. If the blood is that of a Nidah or a Zavah, the clothing is a source of Tum'ah. If the area is one in which Nochrim reside, it may be presumed Tahor since it is dried. Furthermore, even if it is found in an area in which Jews reside, it may be presumed Tahor if it is found in a public place. This is because Jews are careful to place sources of Tum'ah where they will not inadvertently come into contact with that which is Tahor.
50)[line 30]מרקםME'REKEM- from Petra, Jordan [which is predominantly populated by Nochrim] (JOSEPHUS, TEVU'OS HA'ARETZ). Rekem is the Aramaic name for places called "Kadesh" in Hebrew (see TARGUM ONKELUS to Bereishis 14:7, 16:14, 20:1, and Bamidbar 20:16).
51)[line 30]טהוריםTEHORIM- are Tehorim [since they are dried and are presumed to come from a Nochris (see above, entry #48:e)]
52)[line 31]וטועיםV'TO'IM- and they have strayed [from the path of Torah]
53)[line 32]מבין הנכרים טהורים מבין ישראל ומבין הכותים ר''מ מטמא וחכמים מטהריןMI'BEIN YISRAEL U'MI'BEIN HA'KUSIM REBBI MEIR METAMEI VA'CHACHAMIM METAHARIN- The Gemara (Nidah 56b) explains that the meaning of this part of the Mishnah should be read as follows: All Kesamim found among either Jews or Kusim are Teme'im. If they are found in predominantly Jewish cities in public places, however, they are Tehorim since Jews are careful to hide their Kesamim until they are washed so as not to spread Tum'ah. If they are found in a public place in a city which is predominantly Kusi, Rebbi Meir and the Chachamim disagree as to whether Kusim are careful to hide their Kesamim or not.
54)[line 3]שלא נחשדו (ישראל) על כתמיהןSHE'LO NECHSHEDU (YISRAEL) AL KISMEIHEM- that the (Jews) [Kusim] are not suspected of leaving their Kesamim in a public place
55)[line 34]אלמא קסבר ר''מ כותים גרי אמת הםALMA KESAVAR REBBI MEIR KUSIM GEREI EMES HEM!- we see that Rebbi Meir rules that Kusim are true converts [since otherwise their Kesamim would be Tamei]!
56)[line 36]שלא יטמעו בהםSHE'LO YITME'U BAHEM- so that [Jews] will not intermarry with [the Kusim, whose lineage was contaminated (see Kidushin 76a)]
57)[line 37]נערות שיש להם קנסNA'AROS SHE'YESH LAHEM KENAS... (KENAS - 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 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 is 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 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).
58)[line 38]הממזרתMAMZERES - Illegitimate Offspring
(a)A Mamzer/Mamzeres is the child of a union prohibited by the Torah. Not all unions prohibited by the Torah result in a Mamzer. Rebbi Yehoshua rules that a Mamzer is born only from those unions punishable by Misas Beis Din (the death penalty). Rebbi Shimon ha'Timni maintains that a Mamzer results from even those unions punishable by Kares (see Background to Gitin 55:42). According to Rebbi Akiva, even those unions prohibited by a negative commandment (a Lav) produce a Mamzer (Mishnah, Yevamos 49a). Within the opinion of Rebbi Akiva, there are those Tana'im who insist that he includes only those Lavim which prohibit incestuous relationships (ibid.), those who maintain that it includes all Lavim, and those who assert that even those unions prohibited by a positive commandment (an Asei) produce a Mamzer (with the exception of a Kohen Gadol who has relations with a non-virgin; Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni (Yevamos ibid.).
(b)A Jew or Jewess of unsullied lineage may not marry a Mamzer/Mamzeres. Mamzerim may, however, marry each other as well as converts (MISHNAH Kidushin 69a). Whether or not a possible (Safek) Mamzer/Mamzeres may marry each other or Jews of unsullied lineage is the subject of both Tana'ic and Amora'ic dispute (see Yevamos 37a and Kidushin 73a, 74a).
59)[line 38]הנתינהNESINAH (NESINIM - A Nation Prohibited from Marrying Jews)
(a)Every member of the seven nations who inhabited Eretz Yisrael prior to the arrival of Klal Yisrael must be killed (Devarim 20:16). After Yehoshua led Klal Yisrael into the land, he was approached by a nation claiming to be from a far-off land who wished to convert. After they were accepted as converts, it was discovered that they were actually Giv'onim. The Giv'onim were a sub-nation of the Chivi, one of the seven nations indigenous to Eretz Yisrael. "And the people of Yisrael did not smite them, for the princes of the congregation had sworn to them..." (Yehoshua 9:18). Rebbi Yehudah maintains that since this oath was taken in public, it was irrevocable. The Rabanan understand that the oath of peace that Yehoshua had undertaken was not valid since it was uttered under a false pretense. However, Yehoshua felt that to dishonor it would be a Chilul HaSh-m (a desecration of HaSh-m's honor). Yehoshua therefore assigned them the tasks of chopping wood and drawing water for the Korbanos that were offered upon the Mizbe'ach (Yehoshua 9:3-27). Since Yehoshua "gave them over" - "va'Yitenem" (Yehoshua 9:27) to these tasks, they came to be known as "Nesinim."
(b)The Gemara (Yevamos 79a, based on Devarim 29:10) reveals that this same scene had played out earlier, when the Giv'onim had approached Moshe Rabeinu in the desert. Moshe, too, appointed them to the tasks of woodchoppers and water drawers. Moshe Rabeinu instituted a decree addressing the Nesinim of his generation, and Yehoshua extended it to apply as long as the Beis ha'Mikdash was in existence. David ha'Melech further extended it to last for all time, due to the cruelty that they exhibited. Kindness and empathy are integral and basic Jewish traits (Yevamos 79a).
(c)Nesinim are prohibited from marrying a Jew of legitimate lineage. They are limited to converts, Mamzerim (those born from a union prohibited by the Torah and punishable by Kares), and other Nesinim. RASHI (to Kesuvos 29a and elsewhere) maintains that this is a result of the decree of Moshe Rabeinu. This prohibition is therefore of Rabbinic origin. TOSFOS contend that the decree only addressed their servitude. Since they are of the seven nations who inhabited Eretz Yisrael, it is prohibited to marry them mid'Oraisa even if they convert (Yevamos 76a).