REVACH L'DAF
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SUMMARY
1. Rebbi Yehudah maintains that the Leviyim are paid rent for providing housing for the murderers. Rebbi Meir disagrees.
2. Rebbi Yehudah learns that a Jewish servant who is freed at Yovel, or a murderer who is freed upon the death of the Kohen Gadol, is not restored to his previous position. Rebbi Meir disagrees.
3. If a Kohen Gadol has relations with a woman who is both a widow and a divorcee, he is Chayav two sets of Malkus.
4. If a Kohen has relations with a woman who is both a divorcee and a Chalutzah, he is only Chayav Malkus once.
5. If a person eats less than the size of an olive of Tevel, Rebbi Shimon says he is Chayav Malkus while the Chachamim disagree.
6. Rebbi Yishmael maintains that a person is punished with Malkus for transgressing prohibitions which bear a punishment of Misas Beis Din. Rebbi Akiva and Rebbi Yitzchak disagree.
7. If a person transgresses a negative prohibition which does not entail an act, or if he transgresses a negative prohibition which is followed by an Aseh, he is not punished with Malkus.
8. According to Rava, Rebbi Yishmael and Rebbi Akiva argue whether a person is Chayav Malkus for a negative prohibition which is used (in other situations) as an Azharah (warning) for capital punishment.
9. A Chiyuv Kares does not require an Azharah.
10. A Chiyuv Korban does not require an Azharah.
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A BIT MORE
1. Rav maintains that the Machlokes applies only in the 48 cities of the Leviyim. Everyone agrees that housing in the six principle cities of refuge is provided free to the murderers.
2. If a Jewish servant or an accidental murderer was a Nasi or Av Beis Din prior to becoming a servant or accidental murderer, when he is freed at Yovel, or at the death of the Kohen Gadol, he does not return to his former position, according to Rebbi Yehudah. Rebbi Meir disagrees.
3. Separate Lavim in the Torah forbid a Kohen Gadol from marrying a widow and a divorcee. Consequently, if a woman is widowed from one husband and divorced from another, the Kohen Gadol is liable for two sets of Malkus for marrying her.
4. The prohibition against marrying a Chalutzah is not written explicitly in the Torah. Therefore, the Kohen is liable for Malkus only for transgressing the prohibition against marrying a divorcee.
5. The Chachamim agree than if a person eats a whole Sheretz, he is Chayav Malkus even if it is less than the size of an olive, because it is a complete being. Rebbi Shimon says that one kernel of wheat is also regarded as a complete being.
6. Rebbi Akiva says that there is no Chiyuv Malkus for an Aveirah which is punished with Misas Beis Din, because even if the person does Teshuvah, he will be put to death. Nevertheless, there is a Chiyuv Malkus for an Aveirah which is punished with Kares, because if he does Teshuvah he will not be punished with Kares. Rebbi Yitzchak learns that a person is not punished with Malkus even for an Aveirah which is punished with Kares.
7. Only a Lav that is similar to the Lav of muzzling an animal is punished with Malkus.
8. If the transgressor was warned that he is Chayav Malkus and he was not warned that he is Chayav Misah, according to Rebbi Yishmael he is Chayav Malkus because of the lack of Hasra'ah for the Chiyuv Misah. Rebbi Akiva says that even though he is not Chayav Misah, since the Lav is an Azharah for Misah he also is not Chayav Malkus.
9. Failure to fulfill the Mitzvos of Pesach and Milah is punishable with Kares, even though they are Mitzvas Aseh and not Mitzvos Lo Ta'aseh.
10. However, there is no Chiyuv Korban for inadvertent failure to fulfill the Mitzvos of Pesach and Milah, because with regard to a Chiyuv Korban the entire Torah is compared to Avodah Zarah. Just as Avodah Zarah is a Mitzvas Lo Ta'aseh, all Chiyuvei Korban are Mitzvos Lo Ta'aseh.
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