1)

(a)Rav Papa bar Shmuel queries our current interpretation of Rebbi Yehudah from a Beraisa, where Rebbi Yosi gives a Giyores who sees blood the same Din as a born Yisraelis. What is the Din of a Yisraelis who sees blood?

(b)What does Rebbi Yehudah say about a Giyores who sees blood?

(c)Why does he not declare her Tamei retroactively, like Rebbi Yosi?

(d)Why are we not afraid that maybe the blood only moved after the conversion, and emerged immediately?

1)

(a)Rav Papa bar Shmuel queries our current interpretation of Rebbi Yehudah from a Beraisa, where Rebbi Yosi gives a Giyores who sees blood the same Din as a born Jewess - who must render Tamei retroactively, any Taharos that she worked with within twenty-four hours and (me'Eis l'Eis) or since the last time she examined herself (mi'Pekidah li'Pekidah [whichever is closer]).

(b)According to Rebbi Yehudah - she is Tamei only from the moment that she actually sees blood ('Dayah Sha'atah').

(c)He does not declare her Tamei retroactively like Rebbi Yosi - because, even if she were to have seen blood twenty-four hours earlier, she would not have been Tamei (seeing as, at that time, she was still a Nochris, and Nochrim are not subject to Tum'ah).

(d)We are not afraid that maybe the blood only moved after the conversion, and emerged immediately - because, since the concept of rendering her Tamei retroactively is only mid'Rabanan, we only declare her Tamei retroactively, if both mi'Pekidah li'Pekidah and me'Eis l'Eis can be applied; wherever one is not applicable, we do not apply the other, either.

2)

(a)According to Rebbi Yehudah, a Giyores needs to wait three months before marrying. Why is that?

(b)What does Rebbi Yosi say?

(c)What did Rav Yosef reply to Rav Papa bar Shmuel to reconcile this ruling of Rebbi Yehudah with his previous one, where he holds that a Shevuyah retains her chastity?

2)

(a)According to Rebbi Yehudah, a Giyores needs to wait three months before marrying - in case she is pregnant, and we will not subsequently know whether the baby that is born is from the first man or the second.

(b)Rebbi Yosi says - that she may marry immediately.

(c)To resolve Rav Papa bar Shmuel's query, Rav Yosef reconciles this ruling of Rebbi Yehudah, with his previous one (where he holds that a Shevuyah retains her chastity) - by differentiating between a Giyores, who does not guard herself against pregnancy, and a Shevuyah, who does.

3)

(a)What did Rav Yosef answer, when Rav Papa bar Shmuel asked him the same Kashya from another Beraisa, where Rebbi Yehudah issued the same ruling with regard to a Giyores (who converted) and a Shevuyah and a Shifchah (who was freed when they were over three)?

(b)How did Rav Papa bar Shmuel himself answer this Kashya in the name of Rav Sheshes?

(c)In the same Beraisa, Rebbi Yehudah requires any of the above who are over three, to wait three months before marrying. Why is a Ketanah who is older than three, who cannot become pregnant anyway, obligated to wait three months?

3)

(a)Rav Yosef was stumped however - when Rav Papa bar Shmuel asked him the same Kashya from another Beraisa, where Rebbi Yehudah issued the same ruling with regard to a Giyores, a Shevuyah and a Shifchah (who converted or was freed when they were over three).

(b)Rav Papa bar Shmuel himself quoted Rav Sheshes - who established Rebbi Yehudah there when they actually saw the girl being raped.

(c)In the same Beraisa, Rebbi Yehudah requires any of the above who are over three, to wait three months before marrying. A Ketanah who is older than three, who cannot become pregnant anyway, is nevertheless obligated to wait three months - because Chazal decreed a Ketanah on account of a Gedolah.

4)

(a)We just cited Rav Sheshes, who established the latter Beraisa when they saw the girl being raped. What reason does Rabah then ascribe to Rebbi Yosi for exempting her from having to wait three months before marrying?

(b)This is fine in the case of a Giyores, who presumably knew that she would soon convert, and in the case of a captive, who hopes that she will soon be redeemed by her fellow-Jews, both of whom will consequently be prepared by constantly carrying a cloth with them. It is also fine in the case of a Shifchah who overheard her master saying that he intended to set her free. Which case presents us with a problem?

(c)On what grounds do we reject the suggestion that in all unforeseen cases, Rebbi Yosi does indeed concede that the woman is obligated to wait three months?

(d)Abaye finally explains that Rebbi Yosi permits a woman who has been raped or seduced to marry immediately - because she turns over after the Bi'ah to ensure that she does not become pregnant. On what grounds does Rebbi Yehudah disagree with that?

4)

(a)We just cited Rav Sheshes, who established the Beraisa when they saw the girl being raped. Rebbi Yosi nevertheless exempts her from having to wait three months before marrying, says Rabah - because in his opinion, a girl who is being raped uses a cloth, to prevent herself from becoming pregnant (as we learned in Yevamos).

(b)This is fine in the case of a Giyores, who presumably knew that she would soon convert, and in the case of a captive, who hopes that she will soon be redeemed by her fellow-Jews, both of whom will consequently be prepared by constantly carrying a cloth with them. It is also fine in the case of a Shifchah who overheard her master saying that he intended to set her free. The case which presents us with a problem however - is that of a Shifchah who goes free because her master knocked out her tooth or eye. She cannot possibly know in advance that this will happen, so why should she we take for granted that she has a cloth handy?

(c)We reject the suggestion that in all unforeseen cases, Rebbi Yosi does indeed concede that the woman is obligated to wait three months - because of the Beraisa, where Rebbi Yosi permits even a woman who was raped or seduced to become engaged or married immediately (despite the fact that she could hardly have known in advance that this would happen).

(d)Abaye finally explains that Rebbi Yosi permits a woman who has been raped or seduced to marry immediately, because she turns over after the Bi'ah to ensure that she does not become pregnant. Rebbi Yehudah disagrees with that - because, he says, we are afraid that she may not turn round sufficiently to clear all the Zera.

5)

(a)Our Mishnah cites the Pasuk "v'Im Lo Yiheyeh Ason, Anosh Ye'anesh" as the source for 'Kol ha'Mischayev b'Nafsho, Ein Meshalem Mamon'. How do we reconcile this with the source cited elsewhere "Kedei Rish'aso", from which Chazal derive that a person can only punished for one evil deed at a time?

(b)Why would we not know ...

1. ... Malkus and Mamon from Misah and Mamon?

2. ... Misah and Mamon from Malkus and Mamon?

(c)According to Rebbi Meir, who holds 'Lokeh u'Meshalem', why do we need the two Pesukim?

(d)Why would we not know ...

1. ... Misah and Malkus from Misah and Mamon?

2. ... Misah and Mamon from Misah and Malkus?

5)

(a)Our Mishnah cites the Pasuk "v'Im Lo Yiheyeh Ason, Anosh Ye'anesh" as the source for 'Kol ha'Mischayev b'Nafsho, Ein Meshalem Mamon'. We reconcile this with the source elsewhere "Kedei Rish'aso", from which Chazal derive that a person can only punished for one evil deed at a time - by establishing the former in the case of Misah and Mamon, and the latter, in the case of Malkus and Mamon.

(b)We would not know ...

1. ... Malkus and Mamon from Misah and Mamon - in that, since, unlike the latter case, he is not receiving the extreme punishment of Misah, maybe he will receive both punishments.

2. ... Misah and Mamon from Malkus and Mamon - because, unlike in the latter case, he has transgressed such a terrible sin that, if not for the second Pasuk, we would have thought that he deserves to receive both punishments.

(c)According to Rebbi Meir, who holds 'Lokeh u'Meshalem', we need the two Pesukim - because the former is speaking about Misah and Mamon, and the latter, about Misah and Malkus.

(d)We would not know ...

1. ... Misah and Malkus from Misah and Mamon - because, unlike the latter (where one punishment pertains to the body, and the other, to his property), both punishments pertain to the body, so, if not for the second Pasuk, we might have thought that he will receive both punishments, because it is as if he was receiving an extended death-sentence.

2. ... Misah and Mamon from Misah and Malkus - because we would have said that it is only when the two punishments are administered to the body that he cannot receive both, but that when one of them pertains to the body and the other one to the property, perhaps he should.

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

6)

(a)Bearing in mind that we already know that a person cannot receive any two punishments, from the above two Pesukim, why do we need the Pasuk in Masei ...

1. ... "v'Lo Sikchu Kofer l'Nefesh Rotze'ach"? What would we otherwise have thought?

2. ... " Lo Sikchu Kofer Lanus el Ir Miklato"?

(b)Why do we need two Pesukim? Why could we not have learned the prohibition ...

1. ... by Shogeg from that of Mezid?

2. ... by Mezid from that of Shogeg?

6)

(a)Even though we already know that a person cannot receive any two punishments, from the above two Pesukim, we nevertheless need the Pasuk ...

1. ... "v'Lo Sikchu Kofer l'Nefesh Rotze'ach" - to teach us, not that a murderer does not also have to pay, but that one cannot take money from him to redeem him from death.

2. ... "Lo Sikchu Kofer la'Nus el Ir Miklato" - that one cannot take money from a murderer b'Shogeg to exempt him from the need to flee to a city of refuge.

(b)We could not have learned the prohibition ...

1. ... by Shogeg from that of Mezid - because his sin was not as severe as the latter (so maybe taking money instead would be permitted).

2. ... by Mezid from that of Shogeg - because we would otherwise have thought that it is perhaps a Mitzvah to save someone from death.

7)

(a)Why do we need the Pasuk there "v'la'Aretz Lo Yechupar l'Dam Asher Shupach Bah Ki Im b'Dam Shofcho"?

(b)So when does the Eglah Arufah atone?

(c)And why do we need the Pasuk in Shoftim (in connection with Eglah Arufah) "v'Atah Teva'er Dam ha'Naki mi'Kirbecha"? In which respect is the Torah comparing all those who are killed by the sword to Eglah Arufah?

(d)What reason does Rav Nachman Amar Rabah bar Avuhah give to explain why are they not killed with a hatchet at the back of the neck?

7)

(a)We learn from the Pasuk "v'la'Aretz Lo Yechupar l'Dam Asher Shupach Bah Ki Im b'Dam Shofcho" - that, if the murderer is found after the Eglah Arufah was killed, he must be sentenced to death.

(b)The Eglah Arufah only atones - for a Safek, but not for a Vaday.

(c)And the Torah writes the Pasuk (in connection with Eglah Arufah) "v'Atah Teva'er Dam ha'Naki mi'Kirbecha" to compare all those who are put to death by the sword to an Eglah Arufah - inasmuch as the stroke must be delivered on the neck.

(d)Rav Nachman Amar Rabah bar Avuhah explains that they are not killed with a hatchet at the back of the neck - because of the Pasuk in Kedoshim "v'Ahavta l'Re'acha Kamocha", from which we extrapolate 'Beror Lo Misah Yafah' (i.e. kill him by severing the Simanim - at the front of the neck, with a sword that kills quickly, to avoid causing any undue pain or suffering.

8)

(a)What does the Tana Kama of the Beraisa learn from the Pasuk in Bechukosai ...

1. ... "Kol Cherem Asher Yochram (min ha'Adam) Lo Yipadeh"?

2. ... " ... min ha'Adam"?

(b)We ask what Rebbi Chananya ben Akavya will learn from this Pasuk. Why do we ask that? What does Rebbi Chananya ben Akavya say that negates the previous Derashah?

(c)If not for their interpretation of the Pasuk, the Rabanan would agree that, in spite of the fact that someone is about to be put to death, he would still have an Erech. Why is that?

8)

(a)The Tana Kama of the Beraisa learns from the Pasuk ...

1. ... "Kol Cherem Asher Yochram (min ha'Adam) Lo Yipadeh" - that if someone undertakes to pay the Erech of someone who, after being sentenced to death, is being taken out by Beis-Din to die, he is not Chayav to pay anything.

2. ... " ... min ha'Adam" - that this does not pertain to everyone who is sentenced to death (and that if he does so before Beis-Din have actually passed the sentence, he is Chayav to pay the Erech according to the person's sex and age-group).

(b)We ask what Rebbi Chananya ben Akavya will learn from this Pasuk - because Rebbi Chananya ben Akavya disagrees with the Tana Kama. In his opinion, even if one undertakes to pay the Erech of someone who has already been sentenced, he is Chayav to pay.

(c)If not for their interpretation of the Pasuk, the Rabanan would agree that, in spite of the fact that someone is about to be put to death, he would still have an Erech. This is because - granted, he has no Damim (real value), but Erech is a fixed assessment made by the Torah according to a person's sex and age, and has nothing whatsoever to do with his real value.

9)

(a)So we establish Rebbi Chananya ben Akavya's interpretation of the Pasuk like Rebbi Yishmael Bno shel Rebbi Yochanan ben Berokah, who bases his interpretation of the same Pasuk, on the Pasuk in Mishpatim "Im Kofer Yushas Alav". What does that Pasuk come to teach us?

(b)What does Rebbi Yishmael Bno shel Rebbi Yochanan ben Berokah subsequently learn from the Pasuk " ... Cherem min ha'Adam Lo Yipadeh"?

(c)And what does he learn from "Kol Cherem ... "?

(d)'Misos Chamuros she'Lo Nitnah Shigegasan l'Kaparah' refers to someone who wounds his father or who kidnaps. What does this mean? Why is there no Kaparah in the case of Shogeg?

9)

(a)So we establish Rebbi Chananya ben Akavya's interpretation of the Pasuk like Rebbi Yishmael Bno shel Rebbi Yochanan ben Berokah, who bases his interpretation of the same Pasuk, on the Pasuk in Mishpatim "Im Kofer Yushas Alav"on the Pasuk "Im Kofer Yushas Alav" - which comes to teach us that a person whose Mu'ad ox (that just killed a fourth people) can redeem himself from Misah b'Yedei Shamayim by paying 'Kofer'.

(b)Rebbi Yishmael Bno shel Rebbi Yochanan ben Berokah subsequently learns from the Pasuk " ... Cherem min ha'Adam Lo Yipadeh" - that someone who is Chayav Misah b'Yedei Adam cannot redeem himself from Misah by paying.

(c)And from "Kol Cherem ... " he learns to include even lesser cases of Misah (who have a Kaparah if they transgressed b'Shogeg).

(d)'Misos Chamuros she'Lo Nitnah Shigegasan l'Kaparah' refers to someone who wounds his father or who kidnaps - who is not Chayav Kares when there is no warning, and therefore not Chayav Chatas b'Shogeg.

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