1)

FOR WHICH WOMEN IS THERE A FINE

(a)

This answer is valid if R. Yesheivav merely came to disagree with R. Simai (he did not really mean every forbidden Bi'ah. He only wanted to include a widow to a Kohen Gadol.)

(b)

Question: If R. Yesheivav said an independent statement, even Chayavei Aseh produce Mamzerim, and Ein Kidushin Tofsin. What do Shimon ha'Teimani and R. Shimon ben Menasya argue about?

(c)

Answer: They argue about a Kohen Gadol who married a non-virgin (Kidushin is Tofsin).

(d)

Question: Why is this different than other Chayavei Aseh?

(e)

Answer: This Isur does not apply to everyone.

2)

CAPITAL OFFENSES EXEMPT FROM PAYMENT

(a)

(Rav Chisda): All (i.e. both Tana'im of the Beraisa) agree that a man who raped a Nidah pays a fine.

1.

Kidushin is Tofsin with her. He may marry her (and have Bi'ah with her after she becomes Tehorah).

(b)

He (Rashi - the Tana of our Mishnah) teaches unlike R. Nechunya ben Hakanah.

1.

(Beraisa - R. Nechunya ben Hakanah): Yom Kipur is like Shabbos regarding paying (for obligations incurred while doing a Melachah);

2.

On Shabbos, since he is liable to death for the Melachah, he is exempt from payment. The same applies to Yom Kipur (Kares includes Misah b'Yedei Shamayim).

(c)

Question: Why does he learn this way?

(d)

Answer #1 (Abaye): It says "Ason (fatality)" regarding acts of man (fighting) and regarding acts of Shamayim (Yakov's concern for Binyamin).

1.

Just like liability to die through man (Beis Din) exempts (from paying for obligations incurred at the time he transgressed), liability to die b'Yedei Shamayim exempts.

(e)

Question (Rav Ada bar Ahavah): Why do you assume that Yakov was concerned for colds and heatstroke, i.e. acts of Shamayim? Perhaps it refers to thieves and lions, acts of man!

(f)

Answer: Yakov was certainly concerned for both!

(g)

Objection #1: Colds and heatstroke are not in the hands of Heaven!

1.

(Beraisa): All is in the hands of Heaven, except for colds and heatstroke.

(h)

Objection #2: Lions and thieves are not in the hands of man!

1.

(Rav Yosef): Even though the Sanhedrin ceased after Churban Beis ha'Mikdash, the four death penalties did not cease.

2.

Question: They did cease!

30b----------------------------------------30b

3.

Answer: The penalties are still meted out;

i.

Someone liable to be stoned (the first step is to through him to the ground) falls off a roof or is trampled by an animal;

ii.

Someone liable to be burned falls into a fire or is bitten by a snake;

iii.

Someone liable to death by the sword is killed by the government or bandits;

iv.

Someone liable to be strangled dies of croup or drowns.

(i)

Retraction: Rather, lions and thieves are b'Yedei Shamayim. Colds and heatstroke are due to man.

(j)

Answer #2 (to question (c) - Rava): R. Nechunya ben Hakanah learns from "If people will ignore (and not execute)... one who gives his seed to Molech... I will give him Kares";

1.

This equates Kares from Shamayim to our death penalties. Just like our death penalties exempt from payment, also Kares.

(k)

Question: What do Rava and Abaye argue about?

(l)

Answer: They argue about a Zar who eats Terumah (it is punishable by death b'Yedei Shamayim, but not Kares).

1.

Abaye exempts (from payment), and Rava obligates.

(m)

Question: Does Abaye really exempt?

1.

(Rav Chisda): R. Nechunya ben Hakanah agrees that if Reuven eats Shimon's Chelev, he must pay!

i.

When Reuven picked it up, he became a thief and was obligated to return it. The exemption due to the Chiyuv Kares does not apply until he eats it.

ii.

Also here, he is liable (to return or pay) for the Terumah once he picks it up. He is not Chayav Misah b'Yedei Shamayim until he eats it!

(n)

Answer #1: The case is, someone else put the Terumah in Reuven's mouth (Reuven never picked it up).

(o)

Objection: Still, he is liable for it once he chews it, but is not Chayav Misah until he swallows it!

(p)

Answer: It was stuck down his throat.

(q)

Question: How far down was it stuck?

1.

If he could have spit it out, he should have (he must pay for not doing so)!

2.

If he could not spit it out, why is he liable to die (he had no choice)!

(r)

Answer: He could have spit it out with great difficulty.

(s)

Answer #2 (to Question (m) - Rav Papa): Someone else put Terumah liquids in Reuven's mouth.

(t)

Answer #3 (Rav Ashi): The case is, a Zar ate his own Terumah and tore someone else's silk at the same time.

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