1)

(a)Initially, we suggest that Rebbi Yochanan disagrees with Ula (who holds 'Mamona Meshalem, Milka Lo Laki'), because 'Im Ken, Bitalta "Ervas Achoscha Lo Segaleh". What is meant by that?

(b)How do we refute this suggestion (from Chovel ba'Chavero and from Eidim Zomemin)?

(c)On what condition then, do we fulfill the Lav of ...

1. ... "Lo Yosif ... Pen Yosif" (by Chovel ba'Chavero)?

2. ... "v'Hayah Im bin Hakos ha'Rasha" (by Edim Zomemin)?

3. ... "Ervas Achoscha Lo Segaleh" (by someone who rapes his sister)?

(d)A stroke that does not cause damage that is worth a Perutah (for which one will receive Malkus, even according to Ula) incorporates all five things that one normally has to pay. How is it possible for such a stroke not to cause shame to the value of a Perutah?

2)

(a)We conclude that Rebbi Yochanan disagrees with Ula, because he learns from Ula's Pasuk ("Tachas Asher Inah") like Abaye will learn after him (in connection with the fifty Shekalim of Kenas). What does Abaye learn from there?

(b)What does Ula learn from the Pasuk in Ki Setzei "v'Nasan ha'Ish ha'Shochev Imah la'Avi ha'Na'arah Chamishim Kesef"?

3)

(a)According to Rebbi Elazar, Edim Zomemin do not need a Pasuk ("Yad b'Yad") to teach us that they pay and do not receive Malkus, because it is a Sevara. What is the Sevara?

(b)Rava bears this out, because 'when would the warning have taken place?' Why could they not have been warned ...

1. ... an hour or two earlier?

2. ... just before they testified (like one usually does)?

3. ... just after they testified?

(c)Abaye asks on Rava that it would be possible to warn them immediately after they have testified. What would be the use of such a belated warning?

(d)Rav Acha Brei d'Rav Idi asks that one could even warn them an hour or two earlier. What would be the use of such an early warning?

4)

(a)Abaye then retracts from his Kashya on Rava, to refute Rebbi Elazar on the basis of his assumption that Eidim Zomemin do not require a warning at all. Why not?

5)

(a)From where do we learn that Edim Zomemin who testify that a Kohen is the son of a Gerushah or a Chalutzah receives Malkus?

(b)Why do we not apply "Ka'asher Zamam"?

(c)How do we learn that they too, are punished without warning?

6)

(a)Rav Shisha Brei d'Rav Idi learns that Chovel ba'Chavero pays (rather than receives Malkus) from the Pasuk in Mishpatim "v'Chi Yinatzu Anashim, v'Nagfu Ishah Harah v'Yatz'u Yeladehah". What does Rebbi Elazar mean when he says 'be'Mitzvos she'be'Misah ha'Kasuv Medaber'?

(b)From where does he extrapolate this?

(c)But why should he receive the death penalty, when he did not intend to kill the woman?

(d)And how can the sinner be sentenced to Malkus, when he was only warned for Misah?

7)

(a)What happens to the sinner in the event that the woman did not die?

(b)What does Rav Shisha Brei d'Rav Idi now learn from there?

33b----------------------------------------33b

8)

(a)Besides querying Rav Shisha Brei d'Rav Idi's principle 'Musrah l'Davar Chamur Musrah l'Davar Kal', Rav Ashi also queries his contention that Misah is more stringent. Perhaps Malkus is more stringent, he asks (and it is obvious that 'Musrah l'Davar Kal, Lo Havi Musrah l'Davar Chamur'). What is the basis of this seemingly strange theory?

(b)Rav Sama Brei d'Rav Asi (or Brei d'Rav Ashi) rejects this theory however. Why is there no proof from Chananya, Mishael and Azaryah that Malkus is more stringent than Misah?

9)

(a)Rav Yakov from Nahar Pakud queries Rav Shisha Brei d'Rav Idi source (from the Pasuk in Mishpatim) from the opinion of Rebbi. What does Rebbi say about a case of 'Niskaven Laharog es Zeh v'Harag es Zeh, Eino Neherag'?

(b)How does this dispense with the poof that wherever there is Malkus and Mamon, one pays and does not receive Malkus?

10)

(a)Still based on Rav Shisha B'rei d'Rav Idi's principle ('Musrah l'Davar Chamur ... '), Rav Yakov from Nahar Pakud in the name of Rava proves that Chovel ba'Chavero pays rather than receives Malkus, from the Pasuk "Im Yakum v'His'halech ba'Chutz al Mish'anto ... ". How do we know that the Torah is speaking when there was a warning?

(b)What does Rava now try to prove from there?

(c)Rav Ashi asks the same Kashyos as he asked earlier on Rav Shisha Brei d'Rav Idi. Rav Mari adds a Kashya: How do we know, he asks, that the Torah is speaking about Misah, when there must have been a warning? What is the alternative?

11)

(a)Resh Lakish reconciles our Mishnah (which obligates the rapist to pay Kenas), with the Mishnah in Makos (which sentences him to Malkus), by establishing our Mishnah like Rebbi Meir. What does Rebbi Meir say?

(b)The problem with this however is, that the Tana omits the case of 'Bito' (for whom one receives Misah at the hands of Beis Din). What makes us think that Rebbi Meir even holds 'Mes u'Meshalem' (and not just 'Lokeh u'Meshalem')? What does he say about someone who stole and Shechted on Shabbos or to Avodas-Lochavim?

(c)We refute this proof (that Rebbi Meir holds even 'Mes u'Meshalem') however, by citing those who quote Rebbi Yochanan. How does Rebbi Yochanan interpret the case of 'Ganav v'Tavach b'Shabbos, Ganav v'Tavach la'Avodas Kochavim'?

(d)What would Rebbi Meir hold if the thief himself Shechted the animal?

12)

(a)What is the problem with obligating the thief to pay four or five times, when it his Shaliach who Shechted it?

(b)What does Rava learn from the Pasuk in Mishpatim "u'Tevacho O Mecharo"?

(c)What does Tana d'Bei Rebbi Yishmael learn from the word "O", and Tana d'Bei Chizkiyah from "Tachas ha'Shor"?

(d)Mar Zutra queries this however, inasmuch as we cannot possibly obligate him to pay for what his Shaliach did, when he would not have been Chayav had he done it himself? How do we counter this Kashya?