[13a - 40 lines; 13b - 48 lines]
1)[line 1]מעלים היו שכר ללויםMA'ALIM HAYU SECHAR LA'LEVIYIM- [unintentional murderers] would pay rent to the Leviyim; i.e., they have no Torah-granted right to live in these cities for free
2)[line 3]וחוזר לשררה שהיה בהCHOZER LI'SERARAH SHE'HAYAH BAH- [an unintentional murderer] returns to the [hereditary] position (such as Nasi (spiritual leader) or Rosh Beis Av (head of a house of Kohanim)) that he had held [before the murder]
3)[line 5]בששSHESH- the six [Arei Miklat that are not Levite cities] (see Background to 12:10)
4)[line 6]"[וְהָיוּ] לָכֶם [הֶעָרִים לְמִקְלָט...]""[V'HAYU] LACHEM [HE'ARIM L'MIKLAT...]"- "[And the cities will be] for you [a refuge...]" (Bamidbar 35:12). This verse is addressed to those who committed murder unintentionally.
5a)[line 6]לקליטהLI'KELITAH- as a refuge [only, and not as free lodging]
b)[line 6]לכל צרכיכםL'CHOL TZORCHEICHEM- for all of your [basic] needs
6)[line 7]בארבעים ושתיםARBA'IM U'SHTAYIM- the forty-two [Levite] cities [that also function as Arei Miklat, as long as one intends to use them as such (10a)]
7)[line 10]"[... אֵת שֵׁשׁ עָרֵי הַמִּקְלָט...] וַעֲלֵיהֶם תִּתְּנוּ [אַרְבָּעִים וּשְׁתַּיִם עִיר]""... VA'ALEIHEM TITNU [ARBA'IM U'SHTAYIM IR]"- "[And the cities that you shall designate for the Leviyim are the six cities of refuge...] and in addition to them you shall designate [another forty-two cities]" (Bamidbar 35:6).
8)[line 15]"... וְשָׁב אֶל מִשְׁפַּחְתּוֹ, וְאֶל אֲחֻזַּת אֲבֹתָיו יָשׁוּב""... V'SHAV EL MISHPACHTO, V'EL ACHUZAS AVOSAV YASHUV" - "he (the Jewish slave) shall return to his family and his fathers' inheritance" (Vayikra 25:41) (EVED IVRI)
(a)There are two ways through which one Jew can come to own another as a slave. The slave may have sold himself due to poverty (Vayikra 25:39-43), or he may have been sold by Beis Din because he was unable to make restitution for a theft (Shemos 22:2). In either case, he is obligated to work for his master for either six years (Shemos 21:6) or until the Yovel year (see Background to Bava Basra 112:13), whichever comes first (ibid. 21:2-4).
(b)Regarding a Jew who is a slave when the Yovel year arrives, the verse states, "... and he shall return to his family, and to the holding of his father shall he return" (Vayikra 25:41). The last word in this verse — "Yashuv" (shall he return) — is seemingly extraneous.
9)[line 16]לְמַה (שהחזיקו) [שהוחזקו] אבותיוMAH (SHE'HICHZIKU) [SHE'HUCHZEKU] AVOSAV- that [position] which his fathers had held
10)[line 18]"אל אחוזת אבותיו" כאבותיו"EL ACHUZAS AVOSAV," K'AVOSAV- "to the holding of his father" [implies that he shall be] like his father
11)[line 19]וכן בגולהV'CHEN B'GOLEH- and the same [disagreement] applies to [one who returns from] a city of refuge (lit. exile) (see also TOSFOS DH Gamar)
12)[line 20]"[... וְאַחֲרֵי מוֹת הַכֹּהֵן הַגָּדֹל] יָשׁוּב הָרֹצֵחַ אֶל אֶרֶץ אֲחֻזָּתוֹ"V'ACHAREI MOS HA'KOHEN HA'GADOL] YASHUV HA'ROTZE'ACH EL ERETZ ACHZASO"- "[... and after the death of the Kohen Gadol] the murderer shall return to the land of his holding" (Bamidbar 35:28).
13)[line 24]גמר "שיבה" "שיבה" מהתםGAMAR "SHIVAH" "SHIVAH" ME'HASAM - we derive it from there [using the common term] "Shivah" (GEZEIRAH SHAVAH)
(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Gezeirah Shavah, in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.
(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.
(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah." This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.
(d)There are three possible configurations of a Gezeirah Shavah:
1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.
2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against comparing the two sections. This status is known as "Lemedin u'Meshivin." Others rule that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim.
3.EINO MUFNEH KOL IKAR - If neither word is free, then those who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied the status of Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.
(e)In our Gemara, Rebbi Meir connects the Parshah of an unintentional murderer to that of an Eved Ivri. This Gezeirah Shavah is Mufneh mi'Tzad Echad, since the word "Yashuv" written regarding the Eved Ivri is otherwise extraneous.
PEREK #3 ELU HEN HA'LOKIN
14)[line 26]ואלו הן הלוקיןELU HEN HA'LOKIN - these are they who receive lashes (MALKUS ARBA'IM)
(a)One is liable to receive Malkus Arba'im (lit. forty lashes; actually thirty-nine) if he transgresses a Lav (negative Torah commandment) after having been warned that this would be his punishment by at least two witnesses (Devarim 25:2). These lashes may only be administered in Eretz Yisrael by a court of three judges who are Semuchin (Halachically ordained).
(b)Malkus are delivered three at a time. The court first determines how many lashes the culprit is able to withstand. He is then instructed to stand against a post and his clothes are ripped to reveal his heart. Beis Din chooses a weak Torah scholar to stand behind him upon a rock and deliver the blows. One third land upon his chest, one third upon his shoulder, and the remaining third upon his other shoulder (Makos 22b).
(c)Before each blow, the deputy judge announces the number of the lash and a third judge proclaims "Hakehu!" — "Whip him!" During the whipping, the senior judge reads aloud the verse, "If you do not carefully perform all the commandments in this Torah... then HaSh-m will cause you to receive extraordinary blows..." (Devarim 28:58-59).
(d)Our Mishnah lists some of the prohibitions for which one receives Malkus upon transgressing them.
15)[line 26]הבא על...HA'BA AL...- one who has relations with...
16)[line 28]הנדהNIDAH - A Menstruating Woman
(a)By Torah Law, a woman is a Nidah for seven days following the onset of her period — whether she had a single show of blood only or she bled for the entire seven days (Vayikra 15:19). At the end of seven days, after nightfall, she may immerse in a Mikvah to become Tehorah. (Our current practice is to consider every Nidah to be Zavah Gedolah; see Background to Bava Kama 24:2.)
(b)One may not have relations nor engage in intimate contact with his wife while she is a Nidah (Vayikra 18:19). The Chachamim enacted many far-ranging additional ways in which one must keep his distance from his wife when she is Teme'ah (impure).
17)[line 28]אלמנה לכהן גדול; גרושה וחלוצה לכהן הדיוטALMANAH L'CHOHEN GADOL; GERUSHAH VA'CHALUTZAH L'CHOHEN HEDYOT - a widow... a divorcee, or a woman who has received Chalitzah (women whom Kohanim may not marry)... (ALMANAH L'CHOHEN GADOL / GERUSHAH VA'CHALUTZAH L'CHOHEN HEDYOT)
(a)A Kohen may not marry a divorcee (Gerushah), Zonah (see Background to Yevamos 81:4), or Chalalah (see Background to Gitin 59:77) (Vayikra 21:7). In addition to these women, a Kohen Gadol may not marry a widow (Vayikra 21:14). A male child born of one of these forbidden unions is called a "Chalal," and he is not considered a Kohen.
(b)Due to her similarity to a divorcee, the Rabanan prohibited a Chalutzah (see Background to Bava Metzia 16:41) to a Kohen as well.
18)[line 29]ממזרתMAMZERES - a woman of illegitimate parentage (MAMZER)
(a)A Mamzer/Mamzeres is the child of a union prohibited by the Torah. Not all unions prohibited by the Torah result in a Mamzer. Rebbi Yehoshua rules that a Mamzer is born only from those unions punishable by Misas Beis Din (the death penalty). Rebbi Shimon ha'Timni maintains that a Mamzer results from even those unions punishable by Kares (see below, entry #40). According to Rebbi Akiva, even those unions prohibited by a negative commandment (a Lav) produce a Mamzer (Mishnah, Yevamos 49a). Within the opinion of Rebbi Akiva, there are those Tana'im who insist that he includes only those Lavim which prohibit incestuous relationships (ibid.), those who maintain that it includes all Lavim, and those who assert that even those unions prohibited by a positive commandment (an Aseh) produce a Mamzer (with the exception of a Kohen Gadol who has relations with a non-virgin; Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni (Yevamos ibid.).
(b)A Jew or Jewess of unsullied lineage may not marry a Mamzer/Mamzeres (Devarim 23:3). Mamzerim may, however, marry each other as well as converts (Mishnah, Kidushin 69a). Whether or not possible (Safek) Mamzerim may marry each other — or Jews of unsullied lineage — is the subject of both Tana'ic and Amora'ic dispute (see Yevamos 37a and Kidushin 73a, 74a).
19)[line 29]ונתינהNESINAH - a member of the Nesinim nation prohibited from marrying Jews (NESINIM)
(a)Every member of the seven nations who inhabited Eretz Yisrael prior to the arrival of Klal Yisrael needed to be killed (Devarim 20:16). After Yehoshua led Klal Yisrael into the land, he was approached by a nation claiming to be from a far-off land who wished to convert. After they were accepted as converts, it was discovered that they were actually Giv'onim. The Giv'onim were a sub-nation of the Chivi, one of the seven nations indigenous to Eretz Yisrael. "And the people of Yisrael did not smite them, for the princes of the congregation had sworn to them..." (Yehoshua 9:18). Rebbi Yehudah maintains that since this oath was taken in public, it was irrevocable. The Rabanan understand that the oath of peace that Yehoshua had undertaken was not valid since it was uttered under a false pretense. However, Yehoshua felt that to dishonor it would be a Chilul HaSh-m (a desecration of HaSh-m's honor). Yehoshua therefore assigned them the tasks of chopping wood and drawing water for the Korbanos that were offered upon the Mizbe'ach (Yehoshua 9:3-27). Since Yehoshua "gave them over" — "va'Yitenem" (Yehoshua 9:27) to these tasks, they came to be known as "Nesinim."
(b)The Gemara (Yevamos 79a, based on Devarim 29:10) reveals that this same scene had played out earlier, when the Giv'onim had approached Moshe Rabeinu in the desert. Moshe, too, appointed them to the tasks of woodchoppers and water drawers. Moshe Rabeinu instituted a decree addressing the Nesinim of his generation, and Yehoshua extended it to apply as long as the Beis ha'Mikdash was in existence. David ha'Melech further extended it to last for all time, due to the cruelty that they exhibited. Kindness and empathy are integral and basic Jewish traits (Yevamos 79a).
(c)Nesinim are prohibited from marrying a Jew of legitimate lineage. They are limited to converts, Mamzerim (those born from a union prohibited by the Torah and punishable by Kares, see preceding entry), and other Nesinim. RASHI (to Kesuvos 29a and elsewhere) maintains that this is a result of the decree of Moshe Rabeinu. This prohibition is therefore of Rabbinic origin. TOSFOS contend that the decree only addressed their servitude. Since they are of the seven nations who inhabited Eretz Yisrael, it is prohibited to marry them mid'Oraisa even if they convert (Yevamos 76a).
20)[line 30]אלמנה וגרושהALMANAH U'GERUSHAH- [Kohanim who marry] a woman who is both a widow [from one previous husband] and a divorcee [from a different previous husband]
21)[line 30]גרושה וחלוצה, אינו חייב אלא (משום אחת) [משם אחד] בלבדGERUSHAH VA'CHALUTZAH, EINO CHAYAV ELA (MISHUM ACHAS) [MI'SHEM ECHAD] BILVAD- [if a Kohen marries] a woman who is both a divorcee [from one previous husband] and a Chalutzah [from a different previous marriage], he is liable to receive only for the one prohibition [of Gerushah, since the prohibition of Chalutzah is a) derived from that of a Gerushah (RASHI, citing Kidushin 78a); b) exists only mid'Rabanan (TOSFOS DH Gerushah)]
22)[line 31]הַקֹּדֶשׁKODESH- sacrificial meat
23)[line 31]והבא אל המקדש טמאHA'BA EL HA'MIKDASH TAMEI - one who enters the Beis ha'Mikdash when he is Tamei (TUM'AS MIKDASH V'KODASHAV)
(a)One who has become Tamei due to contact with an Av ha'Tum'ah (source of Tum'ah) may not enter the Beis ha'Mikdash (Bamidbar 5:2).
(b)One may not consume Kodshim (that which has been offered to HaSh-m in the Beis ha'Mikdash) in a state of Tum'ah, even if he is outside of the Mikdash (derived from Vayikra 12:4; Yevamos 75a, Makos 14b).
(c)If one transgresses either of these prohibitions b'Shogeg (unintentionally), then he must offer a Korban Oleh v'Yored. The constitution of a Korban Oleh v'Yored depends upon the means of the penitent. If he is wealthy, then he must offer a female sheep or goat as a Chatas; this is referred to as a Korban Ashir. If he cannot afford a sheep, then he offers a pair (a "Ken") of turtledoves or common doves, one as an Olah and one as a Chatas; this is referred to as a Korban Oleh v'Yored b'Dalus. If he cannot afford even a pair of birds, then he may offer one-tenth of an Eifah (equivalent to approximately 2.16, 2.48, or 4.32 liters, depending upon the differing Halachic opinions) of fine flour as a Minchas Chatas; this is referred to as a Korban Oleh v'Yored b'Dalei Dalus. (Vayikra 5:6-13). One who transgresses these prohibitions b'Mezid (willingly) is liable to receive Kares (see below, entry #40) and Malkus (see Vayikra 12:4, 22:3-4, Bamidbar 5:3, 19:20).
24)[line 32]חלבCHELEV - Forbidden Fats
(a)Chelev refers to those fats of an animal that are burned upon the Mizbe'ach when it is offered as a Korban. 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) (Vayikra 3:17), 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 a k'Zayis of Chelev intentionally, after he was properly warned by valid witnesses, he receives Malkus (thirty-nine lashes). If he did not receive a proper warning, then he is liable to receive Kares (see below, entry #40). If he consumed the Chelev unintentionally, then he must offer a Korban Chatas (see Background to Sanhedrin 4:14). 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 to Yoma 61:35).
25)[line 32]ונותרNOSAR - Meat Left Over from a Sacrifice
(a)Any meat of a Korban which remains after the time within which it may be eaten must be burned (Vayikra 19:6).
(b)One who intentionally consumes at least a k'Zayis of Nosar is liable for Kares (see below, entry #40) (ibid. 19:8); if he eats it unintentionally then he must offer a Korban Chatas.
26)[line 32]ופגולPIGUL - Thoughts that Disqualify a Sacrifice
(a)If one slaughters a sacrifice with intention to offer or eat it after the time within which it must be offered or eaten, it becomes disqualified and may not be eaten (Vayikra 7:18). The verse refers to such a sacrifice as "Pigul," which means "putrid" or "rejected."
(b)One who intentionally consumes at least a k'Zayis of Pigul after he was properly warned by valid witnesses receives Malkus (thirty-nine lashes). If he did not receive a proper warning, then he is liable to receive Kares (see below, entry #40); if he eats it unintentionally then he must offer a Korban Chatas.
27)[line 32]וטמאTAMEI- [meat from a Korban that has become] impure
28)[line 32]והשוחט ומעלה בחוץHA'SHOCHET U'MA'ALEH BA'CHUTZ - one who slaughters or burns an offering outside (of the Azarah) (SHECHUTEI CHUTZ)
(a)All sanctified animals fit to be offered upon the Mizbe'ach must be offered as Korbanos (Vayikra 17:1-7). Aside from this positive Mitzvah, one is prohibited from slaughtering such animals (Shechutei Chutz), or placing them upon an altar as an offering (Ha'ala'as Chutz), outside of the Azarah (courtyard of the Beis ha'Mikdash). One may not derive any benefit from an animal offered in such a fashion (it is Asur b'Hana'ah).
(b)One who intentionally ignores this prohibition after he was properly warned by valid witnesses receives Malkus (thirty-nine lashes). If he did not receive a proper warning, then he is liable to receive Kares (see below, entry #40).
29)[line 33]והמפטם את השמןHA'MEFATEM ES HA'SHEMEN - one who concocts the Anointing Oil (SHEMEN HA'MISHCHAH)
(a)Moshe Rabeinu prepared special oil with which to anoint the Mishkan and its vessels, as well as all future Kohanim Gedolim and kings of the House of David (Shemos 30:22-33). It contained the following ingredients:
1.500 Maneh (app. 212 kg / 466 lb.) of MOR DEROR, either (a) distilled myrrh, a resin produced by trees and shrubs which grow in Arabia and Africa. It has a lasting, bitter, aromatic taste; or (b) according to Rabeinu Sa'adya Ga'on and the Rambam, this refers to musk, an liquid obtained from the musk deer which lives in Nepal and Tibet.
2.250 Maneh (app. 106 kg / 233 lb.) of KINEMAN BESEM, either (a) the fragrant dried bark of the cinnamon tree, cultivated mainly in Ceylon; or (b) aloeswood (or lignum aloes), which grows in the East Indies and tropical Southeast Asia. (There are indications that it used to grow in the Holy Land.) This quantity is the opinion of the Yerushalmi (Shekalim 16a); the Talmud Bavli (Kerisus 5a), however, interprets the verse (Shemos 30:23) to mean that two portions of 250 Maneh of Kineman Besem were added to the Shemen ha'Mishchah.
3.250 Maneh (app. 106 kg / 233 lb.) of KENEH VOSEM - fragrant cane. (a) Some identify this with the sweet calamus. This is the sweetflag or flagroot, a species of which apparently grew in the Chula valley in the Holy Land; (b) Some identify it with the Indian plant Cympopagan martini, which looks like red straw.
4.500 Maneh (app. 212 kg / 466 lb.) of KIDAH, either (a) cassia, the bark of a tree that grows in China; or (b) costus (Kosht), the root of a herb that grows in Kashmir.
(b)According to the Yerushalmi (Shekalim 16a),the total weight of these dry ingredients is 1500 Maneh (approximately 636 kg / 1400 lb.). (According to the Bavli (Kerisus 5a), the total weight was 1750 Maneh (approximately 743 kg / 1635 lb.). These ingredients were mixed with one Hin (12 Log, approximately 3.6, 4.14, or 7.2 liters, depending upon the differing Halachic opinions) of olive oil.
(c)It is forbidden for an individual to compound (Mefatem) oil such as this for his own private use. Furthermore, he may not use the Shemen ha'Mishchah for his own private use. (Shemos 30:33). One who does so after he was properly warned by valid witnesses receives Malkus (thirty-nine lashes). If he did not receive a proper warning, then he is liable to receive Kares (see below, entry #40).
30)[line 33]והמפטם את הקטורתHA'MEFATEM ES HA'KETORES - one who concocts the incense (KETORES)
(a)Ketores refers to the incense mixture burned on the golden Mizbe'ach in the Heichal of the Beis ha'Mikdash. It was burned twice each day; in the morning when a Kohen cleans out the lamps of the Menorah, and in the evening when a Kohen lights the Menorah. It consists of the following eleven ingredients:
1.70 Maneh (app. 160 kg / 350 lb.) of TZARI ("Sraf ha'Notef me'Atzei ha'Ketaf") - balsam tree sap
2.70 Maneh (app. 160 kg / 350 lb.) of TZIPOREN ("Shecheles") - the root of a certain annual plant. Some identify Tziporen as a species of rock-rose — Cistus ladaniferus — which has fingernail-like petals. Alternatively, Tziporen may be onycha, a kind of flower.
3.70 Maneh (app. 160 kg / 350 lb.) of CHELBENAH - (a) galbanum; a yellow-brown gum resin obtained from a plant that grows in Persia; (b) some maintain that Chelbenah is the gum of the common storax tree
4.70 Maneh (app. 160 kg / 350 lb.) of LEVONAH - frankincense, otherwise known as oliban; a gum resin produced by certain trees in Arabia and India. The gum is yellowish and semi-transparent, with a bitter, nauseating taste. The gum is hard; when pulverized, it produces a powder. When burned, this powder produces a strong aromatic odor.
5.16 Maneh (app. 36.3 kg / 80 lb.) of MOR - myrrh
6.16 Maneh (app. 36.3 kg / 80 lb.) of KETZI'AH - cassia
7.16 Maneh (app. 36.3 kg / 80 lb.) of SHIBOLES NERD - spikenard
8.16 Maneh (app. 36.3 kg / 80 lb.) of KARKOM - saffron
9.12 Maneh (app. 27.3 kg / 60 lb.) of KOSHT - costus
10.3 Maneh (app. 6.8 kg / 15 lb.) of KILUFAH - cinnamon bark
11.9 Maneh (app. 20.5 kg / 45 lb.) of KINAMON - cinnamon
(b)In addition, the following ingredients were added as incinerating agents:
1.9 Kav (9 quarts) of BORIS KARSHINAH - vetch lye
2.3 Se'ah and 3 Kavim (app. 21 quarts) of YEIN KAFRISIN - (a) the fermented juice of the caper-berry; alt., (b) wine made from grapes that grow in Cyprus. If Yein Kafrisin is not available, then CHAMAR CHIVARYAN ATIK — very old strong white wine — is added instead
3.One quarter Kav (1 cup) of MELACH SEDOMIS - Sodomite salt
4.A small amount of MA'ALEH ASHAN - an ingredient that caused the smoke to rise straight up in the air; probably Leptadenia Pyrotechnica (due to the nitric acid it contains)
(c)Rebbi Nasan ha'Bavli says that a small amount of Kipas ha'Yarden (probably cyclamen) was added as well.
(d)It is forbidden for an individual to compound (Mefatem) incense such as this for his own private use (Shemos 30:38). One who does so after he was properly warned by valid witnesses receives Malkus (thirty-nine lashes). If he did not receive a proper warning, then he is liable to receive Kares (see below, entry #40).
31)[line 34]הסךHA'SACH- one who anoints
32a)[line 34]נבילותNEVEILOS- animals that died as a result of anything other than Shechitah (Halachically valid slaughter)
b)[line 34]וטריפותTEREIFOS- animals that have a malady that will cause them to die within the year
c)[line 34]שקצים ורמשיםSHEKATZIM U'REMASIM- small creatures (such as rodents, reptiles, and insects)
33)[line 35]טבל ומעשר ראשון שלא נטלה תרומתוTEVEL U'MA'ASER RISHON SHE'LO NITLAH TERUMASO - untithed produce (HAFRASHAS TERUMOS U'MA'ASROS)
(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen (Bamidbar 18:12; Devarim 18:4). Although the Torah does not specify the amount to be given, the Rabanan set the requirement at approximately one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi (Bamidbar 18:21). The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen (Bamidbar 18:26).
(b)The produce may not be eaten until all Terumos and Ma'asros have been separated from it. Until the Terumos have been separated, the produce is called Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a). Also see below (f).
(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor (Devarim 14:28-29).
(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim (Devarim 14:22-27). Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption — see (e) below) receives Malkos (RAMBAM Hilchos Ma'aser Sheni 2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it may not be redeemed. It is considered "Niklat," "captured" by the walls.
(e)Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni, and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth (Vayikra 27:30-31).
(f)Until Terumah and Ma'asros have been properly separated, the produce is termed "Tevel" and may not be eaten. The word "Tevel" means a mixture, and can be used to refer to any produce from which one must separate a part. If one intentionally eats Tevel after he was properly warned by valid witnesses, then he receives Malkus (thirty-nine lashes). If he did not receive a proper warning, then he is liable to receive Misah b'Yedei Shamayim (see below, entry #40).
34)[line 35]מעשר שני... שלא נפדוMA'ASER SHENI... SHE'LO NIFDU- Ma'aser Sheni... that was not redeemed. See previous entry (d-e).
35)[line 35]והקדש שלא נפדוHEKDESH SHE'LO NIFDU - consecrated items that had not been redeemed (ME'ILAH)
(a)One may not derive any personal benefit from Hekdesh (that which is consecrated for use in the Beis ha'Mikdash) (Devarim 12:17). The minimum benefit one must derive in order to transgress this prohibition is that equal to the value of a Perutah (the smallest coin in circulation at the time of the Gemara).
(b)One who transgresses this prohibition intentionally after he was properly warned by valid witnesses receives Malkus. (This is the majority opinion; according to Rebbi, he is liable to receive Misah b'Yedei Shamayim - see Background to Yevamos 8:31). In addition, he must reimburse Hekdesh for the benefit which he received. The object itself remains Hekdesh.
(c)If one benefited from Hekdesh unintentionally, he must offer a ram worth a minimum of two Sela'im as an Asham Me'ilah (see Background to 55:23). He must then reimburse Hekdesh for the value of his benefit and add an additional fifth (of the ensuing total, equal to a quarter of the original value). The object then loses its Kedushah. This is true only of an object that has the status of Kedushas Damim (it itself is not useable by Hekdesh, but rather its value is consecrated to Hekdesh). An object with the status of Kedushas ha'Guf (an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or live animals pledged to be offered as certain Korbanos) does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
36)[line 36]כל שהואKOL SHE'HU- lit. anything that exists; i.e., a small amount
37)[line 37]נמלהNEMALAH- an ant
38)[line 38]כברייתהK'VERIYASAH- as it was created; i.e., it is a complete entity
39)[line 38]חטה אחתCHITAH ACHAS- a single wheat-kernel
40)[line 39]חייבי כריתותCHAYAVEI KERISOS - those liable to Kares (KARES AND MISAH B'YEDEI SHAMAYIM: HEAVENLY PUNISHMENT OF UNTIMELY DEATH)
(a)Some sins are so severe that they are punished with untimely death. There are two types of untimely death that are used as heavenly punishments: Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the world and dying before one's time. Misah b'Yedei Shamayim means "death at the hands of heaven." These punishments are not administered by the courts, but through divinely administered justice.
(b)One who deliberately transgresses a commandment that is punishable with either Kares or Misah b'Yedei Shamayim is punished even if there are no witnesses to his act, and even if he was not warned at that time of his transgression that his violation will result in his untimely death.
(c)The Tif'eres Yisrael, in his commentary to Sanhedrin 9:6, lists a number of differences between Misah b'Yedei Shamayim and Kares:
1.One who is punished with Kares will die before age 60 (according to Moed Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim 2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to Moed Katan ibid., or before the age of 60, according to the Yerushalmi ibid.)
2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and RASHI there; see, however, RIVA in Tosfos to Yevamos 2a DH Eshes, who maintains that Kares only involves the death of one's children in the two cases where the Torah adds the word "Ariri." However, he might be referring to the death of children who are not minors.)
4.In addition to the above, in certain instances a form Kares is prescribed in which the sinner not only dies before his time but is also 'severed' (Nichras) from receiving a portion in the World to Come (see Sanhedrin 64b, 90b).
(d)As stated in the Mishnah at the beginning of Kerisus, there are 36 sins listed in the Torah for which one receives Kares: the sixteen forbidden conjugal relations listed in the Torah (Vayikra 18); one who curses G-d; an idol worshipper; one who worships Molech (see Background to Sanhedrin 53:5); one who practices Ov (see Background to Pesachim 113:62); one who desecrates Shabbos; one who ate Kodshim or entered the Mikdash while in a state of Tum'ah; one who consumed blood, Nosar (see Background to Pesachim 120:9), or Pigul (see Background to 6:60); one who slaughters or offers a sacrifice outside of the Mikdash; one who eats Chametz on Pesach; one who eats or performs Melachah on Yom Kipur; one who compounds Shemen ha'Mishchah (the oil made by Moshe Rabeinu to anoint the Mishkan and its vessels, Kohanim Gedolim, and the kings of the Davidic dynasty) or the Ketores (see Background to 11:25) for his own use; one who anoints himself with Shemen ha'Mishchah; one who neglects to give himself a Bris Milah; and one who neglects to offer a Korban Pesach.
(e)According to our Mishnah, if witnesses warn one who is about to transgress one of these sins that if he does so then he will receive Malkus, then he will receive Malkus instead of Kares.
41)[line 39]חייבי מיתות ב"דCHAYAVEI MISOS BEIS DIN - prohibitions liable to the death penalties administered by Beis Din (ARBA 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 (Devarim 21:22). 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 (Sanhedrin 45a). 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 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 (Sanhedrin 52a). Sereifah is administered for certain illicit relations, including incest with one's daughter, granddaughter, or spouse's daughter or granddaughter (Sanhedrin 75a).
3.HEREG / SAYIF - one who is convicted of an Aveirah punishable by death by the sword has his head severed in Beis Din by the witnesses to his crime (Sanhedrin 52b). 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 (Sanhedrin 52b). 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)Our Gemara points out that our Mishnah did not list any of the aforementioned sins as those that are punishable by Malkus. This implies that even if witnesses warned one that were he to transgress such a sin then he would receive Malkus, he would be exempt.
42)[line 1](ישנו) [ישנן] בכלל מלקות ארבעים(YESHNO) [YESHNAN] BI'CHLAL MALKUS ARBA'IM- (at this point the Gemara assumes that Rebbi Yishmael means) they are included in the punishment of forty lashes [such that if one who transgressed them had been warned that he will be lashed and then put to death, then he will receive both punishments]
43)[line 5]אין בית דין של מטה מוחלין להןEIN BEIS DIN SHEL MATAH MOCHALIN LA'HEN- the earthly court is unable to forgive them [and forego their punishment, and they would then receive two punishments, which the Torah generally proscribes (see below, entry #53)]
44)[line 7]חייבי כריתות בכלל היו; ולמה יצאת כרת באחותו?CHAYAVEI KERISOS BI'CHLAL HAYU; V'LAMAH YATZAS KARES BA'ACHOSO? - Kares prohibitions were included in the rule; why, then, was Kares stated as an exception regarding a sister? (DAVAR SHE'HAYAH BI'CHLAL V'YATZA MIN HA'KLAL)
(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Davar she'Hayah bi'Chlal v'Yatza Min ha'Klal l'Lamed, Lo l'Lamed Al Atzmo Yatza Ela l'Lamed Al ha'Klal Kulo Yatza. This means that when a verse teaches an example of a rule that has already been taught, the reason for this is to reveal a teaching relevant to the entire category. This rule can be applied in one of three possible ways:
1.If a Halachah not previously taught is included in the verse detailing the specific example, then this new teaching applies to the entire category.
2.If no new teaching is readily apparent, then Chazal search for that which may be revealed to us from the fact that one example is written separately. An example of this is the opinion of Rebbi Nasan regarding the prohibition against kindling a fire on Shabbos. Although this is included in the general prohibition against performing Melachah on Shabbos, it is nevertheless spelled out explicitly (Shemos 35:3). Rebbi Nasan maintains that this is l'Chalek — to teach that one need not perform all thirty-nine Melachos forbidden on Shabbos in order to be liable to punishment; the transgression of any one of them is sufficient.
3.If no new Halachah is apparent, then Chazal conclude that the reason why the example was singled out is to limit the category to those examples similar to the specified example. This functions similar to a Klal u'Frat u'Chlal (see Background to Mo'ed Katan 3:18).
(b)Rebbi Yitzchak maintains that even one who was warned that he will receive Malkus for transgressing a sin punishable by Kares will not receive Malkus. RASHI explains his reasoning as follows. The verse states, "For any soul who commits any of these atrocities will be severed from amongst their nation" (Vayikra 18:29). These words group all sins of immorality punishable by Kares together. The verse then singles out relations with one's sister as punishable by Kares (Vayikra 20:17). This example is singled out to teach that one receives Kares only — and not Malkus — for a sin punishable by Kares. TOSFOS (DH Rebbi) has a different explanation for the opinion of Rebbi Yitzchak, as follows. All sins would have been assumed punishable by Malkus, since the verse states that any transgressor (Rasha) receives Malkus (Devarim 25:2). When the Torah singles out relations with one's sister as punishable by Kares, this implies that one receives Kares only — and not Malkus — for a sin punishable by Kares.
45)[line 9]"אִם לֹא תִשְׁמוֹר לַעֲשׂוֹת אֶת כָּל דִּבְרֵי הַתּוֹרָה הַזֹּאת... וְהִפְלָא ה' אֶת מַכּוֹתְךָ...""IM LO SISHMOR LA'ASOS ES KOL DIVREI HA'TORAH HA'ZOS... V'HIFLA HASH-M ES MAKOSCHA..."- "If you do not carefully perform all the commandments in this Torah... Then HaSh-m will cause you to receive extraordinary blows..." (Devarim 28:58-59).
46)[line 12]"... וְהִפִּילוֹ הַשּׁוֹפֵט וְהִכָּהוּ לְפָנָיו [כְּדֵי רִשְׁעָתוֹ בְּמִסְפָּר]""... V'HIPILO HA'SHOFET V'HIKAHU LEFANAV [KEDEI RISH'ASO B'MISPAR]"- "... And the judge shall cause him to fall and he shall be lashed before him [a number in accordance with his crime]" (Devarim 25:2).
47)[line 17]'השמר' 'פן' ו'אל''HISHAMER,' 'PEN,' V''AL'- "guard," "lest," and "do not" [as a prelude to a prohibition]
48)[line 18]לאו שאין בו מעשהLAV SHE'EIN BO MA'ASEH- [the transgression of] a prohibition that does not involve an action (e.g., bearing false testimony or allowing a sacrifice to remain past the time within which it must be eaten). Whether or not one receives Malkus for such a transgression is the subject of a Tana'ic disagreement on 4b.
49)[line 19]לאו שניתק לעשהLAV SHE'NITAK L'ASEH - A Prohibition Corrected by a Positive Commandment
(a)A Lo Sa'aseh she'Nitak l'Aseh is a prohibition (Lo Sa'aseh) that, if transgressed, can be corrected by the fulfillment of a positive Mitzvah (Aseh). The Aseh generally takes the form of an instruction of what to do should the Lo Sa'aseh be transgressed. The classic example of a Lo Sa'aseh she'Nitak l'Aseh is that which the Torah instructs a thief to return the item which he stole (Vayikra 5:23).
(b)There are times when the Aseh follows the Lo Sa'aseh directly. An example of this is that which one must burn the meat of a sacrifice that has been left over past the time period within which it must be eaten (Nosar; see above, entry #25). Other times, the Aseh is written in a different Parshah altogether, such as in the case of a thief. The prohibition against stealing is found in Vayikra 19:13, whereas the injunction to return the stolen item is written in Vayikra 5:23.
(b)Since it is correctable by an Aseh, one does not receive Malkus for transgressing a Lo Sa'aseh she'Nitak l'Aseh.
50)[line 19]דומיא דלאו דחסימהDUMYA D'LAV D'CHASIMAH- [it must be] similar to the prohibition against muzzling [an animal when it is threshing grain (Devarim 25:4)]. This prohibition is written immediately following the injunction to administer Malkus to one who has transgressed. Due to this proximity (Semuchin), we derive that one receives Malkus only for those prohibitions that are similar to it. Since the Lav d'Chasimah is not correctable by an Aseh, any Lav that is correctable is not similar and therefore is not punishable by Malkus.
51)[line 20]כולהו נמיKULHU NAMI- all of [the previous questions] as well
52)[line 22]"כְּדֵי רִשְׁעָתוֹ""KEDEI RISH'ASO"- see above, entry #46
53)[line 22]משום רשעה אחת אתה מחייבו, ואי אתה מחייבו משום שתי רשעיותMISHUM RISH'AH ACHAS ATAH MECHAYEVO, V'IY ATAH MECHAYEVO MISHUM SHTEI RISH'AYOS - ... you cannot convict him to two wrongdoings (KAM LEI BID'RABAH MINEI)
(a)Should one be liable to receive two punishments for a single action, whether they are both corporal or one corporal and one monetary, then he receives only the more severe punishment and is exempted from the less severe one. This is known as "Kam Lei bid'Rabah Minei" - "he remains with the greater of them." For example, one who stabs another to death will receive the death penalty, but will be exempt from paying for the shirt ruined by the stabbing.
(b)This is derived from that which the Torah instructs Beis Din to punish a wicked man "in accordance with his crime." This implies that one is punished for up to one crime — and not more than one crime — at a time.
54)[line 25]מיתה אריכתא היאMISAH ARICHTA HI- [the lashes followed by the death penalty constitute] one extended death process
55)[line 26]אי הכיIY HACHI- if it is so [that he maintains that Beis Din may administer only one punishment at a time]
56)[line 29]דגמר "לעיני" מ"לעיניך"GAMAR "L'EINEI" MI"L'EINECHA"- he derives "[... they shall receive Kares] before the eyes of [their nation...]" (Vayikra 20:17) from "[Lash him forty times, do not increase; lest you add upon these a great number of lashes and your brother be shamed] before your eyes" (Devarim 25:3). This is an example of a Gezeirah Shavah (see above, entry #13).
57)[line 31]"[וְהָיָה אִם] מֵעֵינֵי [הָעֵדָה נֶעֶשְׂתָה לִשְׁגָגָה]""[V'HAYAH IM] ME'EINEI [HA'EDAH NE'ES'SA LI'SHGAGAH...]" - "[If it was] from the eyes [of the nation that it was performed in error]..." (Bamidbar 15:24) (SE'IREI AVODAS KOCHAVIM)
(a)If the Sanhedrin (Supreme Court) issues a ruling in error, permitting Avodah Zarah (idol worship) punishable by Sekilah (stoning) had it been transgressed intentionally, and those in Eretz Yisrael — either the majority of Klal Yisrael or most of the Shevatim — act upon their ruling, then the Sanhedrin must offer Se'irei Avodas Kochavim to atone for the nation. This Korban consists of a bull offered as a Korban Olah, and a goat offered as a Korban Chatas. Rebbi Meir rules that the Sanhedrin must offer a single bull as a Korban Olah, and a single goat as a Korban Chatas. Rebbi Yehudah maintains that each Shevet (tribe) offers a bull and a goat, for a total of twelve bulls and twelve goats. Rebbi Shimon is of the opinion that both are true, and a total of thirteen bulls and thirteen goats are offered (Mishnah, Horayos 4b).
(b)After their slaughter, the blood of the goats is sprinkled seven times in the Heichal in the direction of the Paroches. It is then applied to the Keranos (cubic Tefach posts placed upon the corners) of the Mizbe'ach ha'Ketores (the smaller altar located in the Heichal upon which incense is burned daily). The Sheyarei ha'Dam (remainder of the blood) is poured on the western Yesod (base) of the Mizbe'ach, whereas the Emurim (innards and certain fats) are burned on the Mizbe'ach ha'Chitzon (outer Mizbe'ach).
(c)The flesh and remaining parts of the goats are burned outside of Yerushalayim (Bamidbar 15:22-26). The clothing of those who carry their carcasses out of the Azarah become Tamei. (According to Rebbi Shimon in Yoma 67b, those involved with burning the goats are also Metamei Begadim.)
(d)Regarding Se'irei Avodas Kochavim, the verse states, "[And if] from the eyes [of the nation it was acted upon unintentionally...]" (Bamidbar 15:24). The "eyes of the nation" refers to the Sanhedrin. Since the sin of idol worship is punishable by the death penalty when transgressed intentionally, Rebbi Aba bar Mamal suggests that even Chayavei Misos Beis Din ought to be included in the Gezeirah Shavah of Rebbi Avahu.
58)[line 34]"ושב הכהן" "ובא הכהן"; זו היא שיבה וזו היא ביאה"V'SHAV HA'KOHEN," "U'VA HA'KOHEN;" ZO HI SHIVAH, ZO HI BI'AH - "the Kohen shall return..." "the Kohen shall come" (NIG'EI BATIM)
(a)If a streak or spot that is a stark green or red color is found upon the stones of a house, it may be Tzara'as (a spiritual malady). A Kohen must be called to determine the status of the marks. If he finds that they indeed have the status of Tzara'as, then the house is placed into quarantine for a week. Since any utensil or article of clothing that is in the house when it is pronounced Tamei becomes Tamei as well, such items are removed as a preventative measure before the Kohen checks the house.
(b)The Kohen returns after seven days to review the markings. If the Tzara'as has spread, one must remove (Choletz) the stones that have the Tzara'as, scrape off the surrounding plaster, insert new stones, and re-plaster (Tach) the entire house. The house is then placed into quarantine for a second week. Should the Tzara'as return to the house during that week, then the owner is required to dismantle his house (Notetz). The stones from the house must be removed to a place outside of the city; they remain Asur b'Hana'ah forever (Vayikra 14:45).
(c)If, on the other hand, the Tzara'as remained unchanged after the first week, then the Kohen leaves the house in quarantine for an additional week. If after the second week the Tzara'as has spread — or even if it has not changed whatsoever — then one must remove the stones (Choletz) that have the Tzara'as, scrape off the surrounding plaster, insert new stones, and re-plaster (Tach) the entire house. The house is then placed into quarantine for an additional week (Vayikra 14:40). Should the Tzara'as return to the house during that week, then the procedure for dismantling the house described above must be followed.
(d)If the Kohen finds during one of his inspections that the Tzara'as has disappeared or diminished in intensity such that it is no longer a Nega, then the spot alone is scraped away and the house is declared Tahor.
(e)Regarding the inspection of the Kohen after the first week, the verse says, "v'Shav ha'Kohen" — "the Kohen shall return" (Vayikra 14:39). Regarding the inspection of the Kohen after the second week, the verse states, "u'Va ha'Kohen" — "and the Kohen shall come." A Gezeirah Shavah between these two terms establishes that just as the house need not be dismantled — even if the Tzara'as spreads during the first week following its discovery — unless the affected area has been removed and the Tzara'as returns to the house following a week of quarantine, it need not be dismantled — even if the Tzara'as has spread during the second week — unless it has returned to the house after the removal of the infected area followed by a one-week quarantine period.
(f)It is clear from this Gezeirah Shavah that the words between which a Gezeirah is established need not be identical.
59a)[line 35]לגמור "מעיני" מ"לעיני"LIGMOR "ME'EINEI" MI"L'EINEI"- derive "... from the eyes [of the nation...]" (Bamidbar 15:24) [written regarding Se'irei Avodas Kochavim], from "[... they shall receive Kares] before the eyes of [their nation...]" (Vayikra 20:17).
b)[line 35]דהא גמור "לעיני" מ"לעיניך"D'HA GAMUR "L'EINEI" MI"L'EINECHA"- since we have already derived "[... they shall receive Kares] before the eyes of [their nation...]" (Vayikra 20:17) from "[Lash him forty times, do not increase; lest you add upon these a great number of lashes and your brother be shamed] before your eyes" (Devarim 25:3).
60)[line 36]קבלה מיניה רבי שמואל בר רב יצחקKIBLAH MINEI REBBI SHMUEL BAR REBBI YITZCHAK- Rebbi Shmuel bar Rebbi Yitzchak received [the following answer from (a) Rebbi Aba bar Mamal (first explanation of RASHI); (b) Rebbi Avahu (second explanation of RASHI)]
61)[line 39]אתרו ביה לקטלאASRU BEI LI'KETALA - they warned him regarding the death-penalty (HASRA'AH)
(a)Should one transgress a negative commandment for which the punishment is the death penalty or Malkus (lashes), he does not receive this punishment unless his action was observed by at least two valid witnesses and he had received a proper Hasra'ah (warning). The warning must identify the action by name, categorize it as a sin, and specify the specific punishment for which the offender will be liable.
(b)The Chachamim rule that Hasra'ah need not be administered by the witnesses themselves; if any bystander warns the sinner than he is liable to be punished in Beis Din. Rebbi Yosi maintains that only the witnesses themselves may administer Hasra'ah (Makos 6b).
(c)The offender must then clearly state that he has understood and accepted the consequences of his action, and then sin immediately. Should he merely remain silent, nods his head, or even state, "I know," he is not liable to either the death penalty nor Malkus mid'Oraisa. He is, however, subject to Malkus mid'Rabanan.
(d)Rava explains that if one transgressed a sin punishable by the death penalty, and he was properly warned that his offense was punishable by the death penalty, the even Rebbi Yishmael agrees that he does not receive Malkus.
62)[line 41]לאו שניתן לאזהרת מיתת ב"ד לוקין עליוLAV SHE'NITEN L'AZHARAS MISAS BEIS DIN LOKIN ALAV- one can receive Malkus for a prohibition which may be punishable by the death penalty [and we do not say that the warning of the Torah cannot make one liable to receive Malkus, since it is already utilized to make one liable to receive the death penalty]
63)[line 44]חייבי כריתות לא צריכי (התראה) [אזהרה]CHAYAVEI KERISUS LO TZERICHEI (HASRA'AH) [AZHARAH]- sins punishable by Kares need no warning [and if a warning is recorded in the Torah regarding them, it may then be utilized to make one liable to receive Malkus]
64a)[line 44]פסחPESACH- the positive Mitzvah to offer a Korban Pesach
b)[line 44]ומילהMILAH- the positive Mitzvah to circumcise oneself. These two Mitzvos are the only two positive commandments for which one receives Kares for his failure to perform them.
65)[line 45]אזהרה לקרבןAZHARAH L'KORBAN - a warning regarding liability to bring a Korban (KORBAN CHATAS)
(a)Should one transgress a sin b'Shogeg (unintentionally) for which he would have been liable to receive the punishment of Kares (see above, entry #40) had he done so b'Mezid (intentionally), then he must offer a Korban Chatas. This Korban consists of a female goat or sheep.
(b)One who offers a Korban Chatas first leans on the animal with all his might (Semichah) in the northern part of the Azarah (inner courtyard of the Beis ha'Mikdash). He then recites Viduy, confessing his sin and asking HaSh-m for forgiveness. The animal is then immediately slaughtered. The blood of the Chatas is applied to the Keranos (cubic Amah posts on the corners of the Mizbe'ach) beginning with the southeastern corner of the Mizbe'ach and continuing to the northeastern, northwestern, and southwestern corners. The Kohen accomplishes this by dipping his finger into the bowl and then applying it to each corner. The remaining blood is then spilled onto the Yesod (base) of the Mizbe'ach. The Emurim (parts of a Korban that are burned upon the Mizbe'ach; see Background to Yevamos 7:17) of the Chatas are offered on the Mizbe'ach. Certain parts of the Korban are eaten by Kohanim in the Azarah; they must be consumed before the day following its offering (Vayikra 4:27-31).
(c)Our Gemara suggests that one should not receive Malkus for Chiyuvei Kares according to Rebbi Akiva, since the warning against transgressing them in the Torah comes to require one to offer a Korban Chatas, and not to make him liable to receive Malkus. The proof for this is that there are two Chiyuvei Kares for which one cannot be obligated a Korban Chatas for transgressing — namely, Pesach and Milah — and it is these two that the Torah does not prohibit with negative terminology.
66)[line 46]דאיתקש כל התורה כולה לעבודת כוכביםISKISH KOL HA'TORAH KULAH L'AVODAS KOCHAVIM - [prohibitions found in] the entire Torah are compared to [that of] idol-worship (HEKESH)
(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is "Hekesh." A Hekesh entails comparing two subjects that are mentioned together in one verse or neighboring verses.
(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see Background to Bava Kama 24:43) or a Gezeirah Shavah (see Background to Bava Kama 40:9a) do not stand in the way of learning one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").
(c)Our Gemara explains that a Hekesh connects every Mitzvah in the Torah to Se'irei Avodas Kochavim (see above, entry #58). Regarding Se'irei Avodas Kochavim, the verse states, "... it shall be one Torah for you, for one who transgresses unintentionally" (Bamidbar 15:29). From this Hekesh, we derive that one is obligated to offer a Korban Chatas only for those Mitzvos that are similar to Se'irei Avodas Kochavim.
67a)[line 47]שב ואל תעשהSHEV V'AL TA'ASEH- that which we fulfill through a lack of action (lit. sit and do not act)
b)[last line]דקום עשהKUM ASEH- that which we fulfill through action (lit. get up and act)
68)[last line]לעולם, כדאמרינן מעיקראL'OLAM, KED'AMRINAN ME'IKARA- truly, [the explanation of the opinion of Rebbi Akiva] is as we explained earlier