1)

A NOCHRI'S OX [line 2]

(a)

(Mishnah): If a Yisrael's ox gored a Nochri's ox, the Yisrael is exempt.

(b)

Question: What is the since for this?

1.

If "Shor Re'ehu" is a condition to be liable, a Nochri's ox that gored a Yisrael's ox should be exempt!

2.

If "Shor Re'ehu" is just a typical case, but the Torah obligates even other cases, a Yisrael's ox that gored a Nochri's ox should also be liable!

(c)

Answer #1 (R. Avahu): "...(Hash-m) saw va'Yater (and scattered) Nochrim" - He saw that they were not keeping their seven Mitzvos, v'Hitir (and He permitted) their money to Yisrael.

(d)

Answer #2 (R. Yochanan): "(Hash-m) Hofi'a (appeared) from Mount Paran" - from Paran (when the Nochrim refused to accept the Torah), Hofi'a (He exposed, i.e. permitted) their money to Yisrael.

1.

Support (Beraisa): If a Yisrael's ox gored a Nochri's ox, it is exempt;

i.

If a Nochri's ox gored a Yisrael's ox, whether it is Tam or Mu'ad, it pays full damage. It says "...(Hash-m) saw va'Yater Nochrim", and "(Hash-m) Hofi'a from Mount Paran".

2.

Question: Why are both verses needed?

3.

Answer: One might have thought that we need the first verse to teach like Rav Masnah and Rav Yosef (as follows).

2)

REWARD AND PUNISHMENT OF NOCHRIM [line 16]

(a)

(Rav Masnah): "... (Hash-m) saw va'Yater Nochrim" - He saw that they were not keeping their seven Mitzvos, and exiled them from their land.

1.

Question: What is the source that va'Yater connotes exile?

2.

Answer: "Lenater (to jump) with them (extra legs of grasshoppers) on the ground".

(b)

(Rav Yosef): "...Ra'ah va'Yater..." - Hash-m saw that they were not keeping their seven Mitzvos, and released them from their Mitzvos.

(c)

Objection: Do they gain from their sins?!

(d)

Answer (Mar brei d'Ravina): No. He teaches that even if they fulfill their Mitzvos, they are not rewarded for them.

(e)

Question (Beraisa - R. Meir): "(The Mitzvos) that a man will do and live in them" - it doesn't say that Yisraelim will do, rather that a man will do!

1.

This teaches that a Nochri who engages in Torah is (rewarded) like a Kohen Gadol.

(f)

Answer: They are not rewarded like one who is commanded, rather like one who is not commanded.

(g)

(Beraisa): Romi sent two officers to learn the Torah; Chachamim taught them. They acknowledged the truth of every point, except for one.

1.

The officers: How can it be that a Yisrael's ox that gores a Nochri's ox is exempt, but a Nochri's ox (even a Tam) that gores a Yisrael's ox pays full damage?

i.

If "Shor Re'ehu" is a condition to be liable, a Nochri's ox that gored a Yisrael's ox should be exempt;

ii.

If "Shor Re'ehu" is not a condition, also a Yisrael's ox that gored a Nochri's ox should be liable!

2.

The officers said that they would not tell this to the authorities.

(h)

Rav Shmuel bar Yehudah's daughter died. Rabanan asked Ula to go with them to console him.

1.

Ula: The consolation they give in Bavel is blasphemy! They say 'what can one do', which implies that if one could do (differently than Hash-m did), he would!

2.

Ula went alone.

3.

Question (Ula): "Do not afflict Mo'av, and do not start war with them" - why would Moshe think to wage war if not commanded?

4.

Answer (Ula): Moshe made a Kal va'Chomer: Midyan only came to help Mo'av, and we were commanded to strike them. All the more so, we should strike the Mo'avim!

38b----------------------------------------38b

i.

Hash-m: No. Two special women will convert, Rus the Mo'avis and Na'amah the Amonis.

5.

Ula: Hash-m spared two nations due to two women that would convert from them. If your (Rav Shmuel's) daughter was proper, and good would have come from her, all the more so Hash-m would have kept her alive!

(i)

(R. Chiya bar Aba): Hash-m doesn't withhold reward for anything, even for nice words!

1.

Lot's older daughter (brazenly) called her son Mo'av (from father). Hash-m commanded "do not afflict Mo'av, and do not start war with them", but we may subjugate them to pay taxes;

2.

Lot's younger daughter (modestly) called her son Ben Ami (son of my nation). Hash-m commanded "do not afflict (Amon), and do not subjugate them" - at all.

(j)

(R. Chiya bar Aba): One should always do Mitzvos at the first opportunity!

1.

Because Lot's older daughter slept with him one night earlier than her sister, she merited four generations of descendants in Yisrael before a descendant of her sister entered Yisrael;

i.

Oved (Rus' son), Yishai, David and Shlomo descend from the older daughter. Rechavam, Shlomo's son from Na'amah, descends from the younger daughter.

3)

DAMAGES TO AND OF KUSIM [line 23]

(a)

(Beraisa): A Yisrael's ox gored a Kusi's ox, it is exempt. If a Kusi's ox gored a Yisrael's ox, a Tam pays half-damage, and a Mu'ad pays full damage;

(b)

R. Meir says, if a Kusi's ox gored a Yisrael's ox, whether Tam or Mu'ad, it pays full damage.

(c)

Inference: R. Meir holds that the Kusim converted due to lions (that were eating them. Their conversion was invalid, and they are Nochrim.)

(d)

Contradiction (Mishnah): All (blood) stains that come from Rekem are Tehorim. (We are not concerned that it is from a (Yisraelis) Nidah, for we assume that it is from a Nochris);

1.

R. Yehudah says, they are Teme'im, because converts live there and they err (act like Nochrim).

2.

Stains that come from places where Nochrim live are Tehorim;

3.

R. Meir says, stains that come from places where Yisraelim and Kusim live are Teme'im;

4.

Chachamim say, they are Tehorim, for they are careful about hiding away Tamei stains.

5.

(Summation of question): R. Meir is Metamei stains of Kusim. He must hold that they are true converts!

(e)

Resolution (and rejection of Inference - R. Avahu): Really, they are valid converts. R. Meir fined them, lest Yisraelim intermarry with them.

(f)

Question (R. Zeira - Mishnah): If one who rapes or entices a virgin Na'arah, pays the fine (of 50 Shekalim): a Mamzeres, a Nesinah, a Kusis...

1.

If R. Meir fines them monetarily, he should also fine them not to receive this fine!

(g)

Answer (Abaye): He does not want a sinner (the man who raped or enticed her) to profit.

(h)

Question: He should say that the fine goes to the poor!

(i)

Answer (Rav Mari): The rapist would avoid paying. He could tell any poor man 'I will give it to someone else.'