KESUVOS 30 (8 Av) - Dedicated l'Iluy Nishmas Mrs. Lily (Leah bas Pinchas) Kornfeld, who passed away on 8 Av 5765, by her daughter and son-in-law, Diane and Andy Koenigsberg and family. May Lily and her husband's love for Torah and for Eretz Yisrael continue in all of their descendants.

[30a - 30 lines; 30b - 32 lines]

1)[line 12]מתחייב בנפשו ופטור מן התשלומיןMISCHAYEV B'NAFSHO U'PATUR MIN HA'TASHLUMIN - he is liable to the death penalty, and exempt from payment (KAM LEI BID'RABAH MINEI)

(a)When a single action causes one to incur two punishments, or a punishment plus a monetary liability, then the sinner receives only the more severe punishment and is exempted from the less severe one. This is known as Kam Lei bid'Rabah Minei; literally, "he remains with the greater of them." For example, one who stabs another to death is liable to receive the death penalty, but will not have to pay for the shirt ruined by the stabbing.

(b)This rule applies only when the two punishments, or the punishment and the monetary liability, are incurred through a single action. If one action follows the other - even by a split second - then the sinner receives both punishments. The Gemara (Kesuvos 31a) discusses what defines a single action for the purposes of Kam Lei bid'Rabah Minei. According to one opinion, an entire series of actions which together define a sin are considered a single action with regard to Kam Lei bid'Rabah Minei.

(c)Although Beis Din does not require one to pay for damages, etc. when he receives a more severe punishment, he will be held responsible for not doing so by the Heavenly court.

(d)There are a number of situations in which this rule may not apply:

1.Rebbi Meir is of the opinion that only a death penalty will absolve he who is liable from other punishments. One who is liable to receive Malkus must pay in addition to receiving Malkus. (Kesuvos 33b)

2.If one sins unintentionally, whether or not Kam Lei bid'Rabah Minei applies is the subject of a Machlokes. If the sin is one which warrants Malkus, Rebbi Yochanan is of the opinion that since no actual punishment is executed, that which this sin could potentially have resulted in Malkus is not enough to exempt the sinner from monetary liability. Reish Lakish disagrees and says that a potential punishment holds the same exempting powers of an actual punishment. Rav Dimi understands that a sin which warrants the death penalty is subject to the same disagreement between Rebbi Yochanan and Reish Lakish, while Ravin maintains that in this case both Rebbi Yochanan and Reish Lakish agree that Kam Lei bid'Rabah Minei is applicable. (Kesuvos 34b-35a)

3.In certain cases in which the payment is to be made to someone other than the victim, the sinner may be liable to pay even when his action is also punishable with the death penalty or Malkus.

2)[line 20]צינים ופחיםTZINIM U'FACHIM- chills and fever

3)[line 22]אזהרAZHAR- warned

4)[line 26]עיקשIKESH- fooled

5)[line 29]ארבע מיתותARBA MISOS (MISOS BEIS DIN)

(a)One who transgresses certain sins, after receiving a proper warning and in front of two witnesses, receives the death penalty from Beis Din. The four death penalties administered by Beis Din, in order of stringency, are:

1.SEKILAH - one who is convicted of an Aveirah punishable by stoning is led to the Beis ha'Sekilah, which is located outside of the settlement (Sanhedrin 42b). This is a structure twice the height of an average person. The convict is given wine to drink until he is inebriated, and he is then brought to the top of the Beis ha'Sekilah with his hands tied. The two witnesses whose testimony served to convict him accompany him, and one of them pushes him off of the top platform. Should he survive the fall, the witnesses roll a large stone heavy enough to require the two of them to lift it onto him from above. If he is still alive following this, then all those assembled pelt him with stones until he perishes (Sefer ha'Chinuch #555). Sins for which Sekilah is administered include Shabbos desecration, idol worship, cursing G-d, bestiality, sodomy, and certain illicit relations including incest with one's mother or one's daughter-in-law (Sanhedrin 53a).

2.SEREIFAH - one who is convicted of an Aveirah punishable by burning is placed into refuse up to his knees. A scarf of hard material wrapped within a scarf of soft material is then wrapped around his neck. The witnesses to his crime pull on the ends of the double scarf until the convict opens his mouth, at which point molten lead is poured down his throat, burning his intestines (Sefer ha'Chinuch #26). Sereifah is administered for certain illicit relations, including incest with one's daughter, granddaughter, or spouse's daughter or granddaughter (Sanhedrin 75a).

3.HEREG - one who is convicted of an Aveirah punishable by death by sword has his head severed in Beis Din by the witnesses to his crime (Sefer ha'Chinuch #50). Sins for which Hereg is administered include serving Avodah Zarah along with other inhabitants of an Ir ha'Nidachas, and murder (Sanhedrin 76b).

4.CHENEK - one who is convicted of an Aveirah punishable by strangulation is placed into refuse up to his knees. A scarf of hard material wrapped within a scarf of soft material is then wrapped around his neck. The witnesses to his crime pull on the ends of the double scarf until he expires (Sefer ha'Chinuch #47). Sins for which Chenek is administered include wounding one's parents, an elder who rules against Beis Din (a Zaken Mamrei), one who prophecies falsely, and certain illicit relations (Sanhedrin 84b).

(b)According to Rebbi Shimon, the order of stringency is Sereifah, Sekilah, Chenek, and Hereg (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b).

(c)Beis Din is strongly encouraged to act leniently and find a loophole so as not to administer the death penalty (Devarim 13:15). A Beis Din that puts a sinner to death as often as once every seven years is considered a murderous Beis Din. According to Rebbi Elazar ben Azaryah, this applies to a Beis Din that puts a sinner to death as often as once in seventy years (Mishnah, Makos 7a).

(d)If a person commits two capital offences, he is put to death with the more stringent of the two. If a number of people were sentenced to die through different death penalties, and it is not known which sentence was passed upon which person, Beis Din administers to all of them the least stringent of the death penalties to which they were sentenced.

(e)Chazal instituted a practice of burying people who were sentenced to capital punishment in two different cemeteries: one for those who were put to death by Sekilah and Sereifah and one for those who were put to death by Hereg and Chenek.


6)[line 2]דורסתוDORASTO- tramples him to death

7)[line 4]מכישוMAKISHO- bites him

8)[line 6]בסרונכיSERUNCHI- (O.F. bon malant) quinsy, a severe development of heat, pain, redness and swelling in the throat

9)[line 16]זר שאכל תרומהZAR SHE'ACHAL TERUMAH - a non-Kohen who ate Terumah (TASHLUMEI TERUMAH)

(a)Once a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Terumah is one of the twenty-four Matnos Kehunah (gifts given to Kohanim by non-Kohanim). Although the Torah does not specify how much to give, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop. Until Terumah and Ma'asros (tithes) have been properly separated, the produce is termed "Tevel" and may not be eaten.

(b)Terumah must be eaten by Kohanim or their wives, unmarried daughters, and Nochri slaves, when they are Tehorim. If the wife of a Kohen is not herself the daughter of a Kohen, she may eat Terumah only as long as her husband or at least one of their sons is alive (Vayikra 22:11, Bamidbar 18:11; see Nidah 44a). If the daughter of a Kohen marries a Yisrael, she may not eat Terumah. If, however, she is widowed or divorced without children, then she returns to her father's house and may once again eat Terumah.

(c)Should a non-Kohen consume Terumah unknowingly, he must repay what he ate with a food item. That item, called Tashlumei Terumah, becomes Terumah when it is designated as repayment. The Keren (principal) must be paid to the Kohen who owned the Terumah (see Insights to the Daf, Pesachim 32). In addition, he is fined a Chomesh (one fifth) of the ensuing total, which is equal to one fourth of the Terumah eaten. This may be given to any Kohen (Terumos 6:2).

(d)If the Terumah was ingested in an abnormal fashion, e.g., the drinking of olive oil, as opposed to using it as a dip, then the non-Kohen need only pay as he would for damage caused (Nezek). He need not add a Chomesh.

(e)The Halachah of (d) applies as well to a non-Kohen who eats or benefits from Terumah b'Mezid (intentionally). Such a one is also liable to receive Misah b'Yedei Shamayim (Sanhedrin 83a).

10)[line 19]חלבוCHELBO (CHELEV)

(a)Chelev refers to those fats of a Korban that are offered upon the Mizbe'ach. This includes the layer of fat covering the stomachs of the animal, all other fat attached to the stomachs, and the fat lining the kidneys along its flanks (Vayikra 3:4).

(b)One may not consume the Chelev of a kosher Behemah (domesticated animal), although one may derive any other benefit from it. "Shuman" is the term for all other fats of a Behemah that are permitted for consumption. Both Chelev and Shuman of a Chayah (non-domesticated animal) may be eaten.

(c)If one consumes Chelev intentionally, he is liable to receive Kares (see Background to Sukah 25:25); if he did so unintentionally, then he must offer a Korban Chatas (see Background to Yoma 61:35). If one is in doubt as to whether the fat that he ate was Chelev or Shuman, then he must offer a Korban Asham Taluy (see Background ibid.).

11)[line 21]דמעידנא דאגביה קנייהDEME'IDNA D'AGBEI KANYEI- from the time that he lifted it, he acquired it

12)[line 25]שתחב לו חבירו לתוך פיוSHE'TACHAV LO CHAVEIRO L'SOCH PIV- his friend stuck it into his mouth

13)[line 26]כיון דלעסיה קנייהKEIVAN D'LA'ASEI KANYEI- when he chewed it, he acquired it

14)[line 28]בית הבליעהBEIS HA'BELI'AH- the throat

15)[line 28]דמצי לאהדורהD'MATZI L'AHADURAH- he is able to bring it back into his mouth (and spit it out)

16)[line 30]דמצי לאהדורה ע''י הדחקD'MATZI L'AHADURAH AL YEDEI HA'DECHAK- he is able to bring it back into his mouth with great difficulty