1)

ABSTINENCE TO DISCERN THE FATHER

(a)

Question (Rav Papa bar Shmuel): R. Yehudah holds that she does not retain her Kedushah!

1.

(Beraisa - R. Yehudah): If a convert sees menstrual blood, she is not Temei'ah retroactively;

2.

R. Yosi says, she is like all other women. She is retroactively Temei'ah for 24 hours or from the last time she checked herself, whichever is less.

3.

R. Yehudah says, a female convert must wait three months before marrying (to discern whether the child was conceived before or after conversion);

4.

R. Yosi permits her to accept Kidushin and have Nisu'in immediately.

(b)

Answer (Rav Yosef): You cannot ask a question from a convert to a captive. A convert is not careful to avoid Bi'ah (before conversion), but a captive is.

(c)

Question (Rav Papa bar Shmuel): R. Yehudah contradicts himself regarding a captive!

1.

(Beraisa - R. Yehudah): A female convert, captive or slave, who converted, was redeemed or was freed above the age of three, must wait three months before marrying;

2.

R. Yosi permits her to accept Kidushin and have Nisu'in immediately.

(d)

Rav Yosef had no answer.

(e)

Answer (Rav Papa bar Shmuel citing Rav Sheshes): The case is, people saw that she had Bi'ah.

(f)

Question: If so, why is R. Yosi lenient?

(g)

Answer #1 (Rabah): A woman who is Mezanah uses a tuft (to absorb the semen after Bi'ah) to prevent pregnancy.

(h)

Question: Granted, a convert planned to convert, and guarded herself (from pregnancy).

1.

Also a captive guards herself, for she hopes to be redeemed.

2.

A slave might have heard that her master intended to free her, and guarded herself.

3.

Summation of question: If a slave was freed because her master decapitated one of her limbs, she did not know to (prepare a tuft to) guard herself beforehand!

4.

Suggestion: R. Yosi permits only when she anticipated the need to guard herself.

5.

Rejection: A girl does not anticipate being raped (and prepare a tuft for this)!

i.

(Beraisa - R. Yehudah): A raped girl must wait three months;

ii.

R. Yosi permits her to accept Kidushin and have Nisu'in immediately.

(i)

Answer #2 (Rabah): R. Yosi holds that a girl who is Mezanah turns over (so the semen will fall out) to avoid becoming pregnant;

1.

R. Yehudah is concerned lest she did not turn over well.

2)

CAPITAL SINS EXEMPT FROM PAYMENT

(a)

(Mishnah): "If there is no fatality, there will be (a monetary) punishment".

(b)

Question: We learned this from "According to his evil"! We punish him for one evil, not for two!

(c)

Answer: We need one source for execution and money, and one source for lashes and money.

1.

Had we learned only about death and money, we would say that this is because (it suffices that) a soul perishes, but we could obligate lashes and money;

2.

Had we learned only about lashes and money, we would say that this is because the sin was not so severe, but one who is executed could also need to pay.

(d)

Question: According to R. Meir, who says that we do administer lashes and money, what do we learn from the two verses?

37b----------------------------------------37b

(e)

Answer: One teaches about death and money. The other teaches about death and lashes;

1.

Had we learned only about death and money, we would say that this is because we do not punish him bodily and monetarily, but we do administer death and lashes, for this is like one long death;

2.

Had we learned only about death and lashes, we would say that we do not inflict two punishments on his body, but we do administer death and money.

3)

RANSOM

(a)

Question: Why do we need "Do not take a ransom for a murderer"? (We already know that we do not administer death and money!)

(b)

Answer: We do not accept money from him to exempt him from death.

(c)

Question: Why do we need "Do not take a ransom for one who (killed b'Shogeg and) must flee to a refuge city"?

(d)

Answer: We not accept money from him to exempt him from exile.

1.

Had we learned only about intentional murder, we would say that this is because the sin was severe, but we would take ransom for murder b'Shogeg;

2.

Had we learned only about murder b'Shogeg, we would say that this is because a soul will not perish, but we would take ransom to keep an intentional murderer alive.

(e)

Question: Why do we need "The only atonement for bloodshed... is the blood of the murderer"?

(f)

Answer (Beraisa): This teaches that if we beheaded a calf (for atonement after a murdered corpse was found) and later we found the murderer, he is executed.

(g)

Question: Why do we need "You will eradicate the innocent blood from your midst"?

(h)

Answer (Beraisa) Question: How do we know that death by Sayif (a sword) is administered at the neck?

1.

Answer: "You will eradicate the innocent blood from your midst" equates all murderers to Eglah Arufah. Just like the calf is killed by the neck, also murderers.

2.

Question: We should also learn that we use a chopper and cut from the back of the neck!

3.

Answer (Rav Nachman): "Love your neighbor as yourself" - choose a nice death for him (so he will die quickly).

(i)

Question: Why do we need "Any Cherem (person sentenced to die) will not be redeemed"?

(j)

Answer (Beraisa): This teaches that if someone pledged to Hekdesh the Erech (a sum based on a person's age and gender) of someone sentenced to die, he pays nothing.

1.

Suggestion: Perhaps this applies even before the verdict!

2.

Answer: "From a man" excludes this case.

(k)

Question: R. Chananya ben Akavya holds that since Erchin are fixed, they apply even to one sentenced to die. What does he learn from the verse?

(l)

Answer (Beraisa - R. Yishmael son of R. Yochanan ben Berokah): We find that people liable to death at the hands of Shamayim get atonement through money - "If ransom is put on him";

1.

Suggestion: Perhaps this applies even to one facing execution!

2.

Rejection: "Cherem Min ha'Adam Lo Yipadeh".

3.

Question: Perhaps this applies only to severe capital sins, for which there is no atonement for Shogeg. How do we know that it applies even to light capital sins (e.g. Chayavei Krisos), for which there is atonement for Shogeg (Korban Chatas)?

4.

Answer: "Every Cherem".

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