REVACH L'DAF
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SUMMARY
1. The Chayavei Sekilah that are not mentioned explicitly in the Torah are derived from a Gezeirah Shaveh from Ov and Yid'oni (the sin of witchcraft).
2. Beis Din is required to put a murderer to death in any way possible.
3. A married woman who is Mezanah is punished with Chenek.
4. A person who curses his father or mother is Chayav Sekilah.
5. A person who has relations b'Shogeg with his father's wife or with his daughter-in–law is Chayav to bring two Chata'os.
6. There is a dispute between the Tanaim regarding whether a person is Chayav two Chata'os if he has relations with his mother while she is married to his father.
7. If a person's mother is prohibited to his father due to an Isur Kerisus, all the Tanaim agree that if he has relations with her, he is Chayav only for violating the prohibition of Imo but not for violating the prohibition of Eishes Av.
8. If a Yevamah is prohibited to the Yavam due to an Isur Mitzvah or an Isur Kedushah, Chalitzah must be performed, but they are not permitted to perform Yibum.
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A BIT MORE
1. The Torah states explicitly that the penalty of Sekilah is given for the sins of Avodah Zarah, the Zenus of a Na'arah ha'Me'orasah, Chilul Shabbos, Ov and Yid'oni, and Megadef. All the other Chayavei Sekilah are derived from a Gezeirah Shaveh from Ov and Yid'oni; the Torah states merely that the death penalty is incurred for certain Aveiros, and the Gezeirah Shaveh reveals that the Misah which is administered is specifically Sekilah.
2. If it is not possible to administer the penalty of Sayif to a murderer, he should be put to death in any other way possible.
3. The fact that the Torah states that an Arusah who is Mezanah is punished with Sekilah implies that a Nesu'ah who is Mezanah does not receive Sekilah. Consequently, she must receive Chenek.
4. A person who strikes and wounds his father or mother is only Chayav Chenek. However, the sin of cursing one's parent is a more severe Aveirah because it encompasses two misdeeds: demeaning a parent and invoking the name of Hashem for a negative purpose. For this reason, a person who curses his parents is subject to a more severe punishment than is a person who strikes them.
5. He is Chayav to bring one Chatas for having violated the prohibition of Eishes Av or Kalaso and another Chatas for having violated the prohibition of Eishes Ish, regadless of whether she is an Arusah or a Nesu'ah. There is, however, one distintion. The prohibition of Eishes Av or Kalaso remains in effect even after the father or son dies, but the prohibition of Eishes Ish is in effect only while they are still married.
6. There are three distinct views on this subject. The Rabanan maintain that he is Chayav for violating both the prohibition of Imo (his mother) and the prohibition of Eishes Av (his father's wife). Rebbi Yehudah maintains that he is Chayav only for the prohibition of Imo. The Tana of the Beraisa, Rebbi Yehudah, maintains that if his mother was forbidden to his father by an Isur Lav, he is Chayav only for the prohibition of Imo but not for the prohibition of Eishes Av. Rebbi Yehudah's position (in the Beraisa) is based on Rebbi Akiva's ruling that a person cannot be Mekadesh a woman who is prohibited to him by an Isur Lav; consequently, he agrees that if a person's mother is permitted to his father, he will still be Chayav for violating the prohibition of Eishes Av even though he is also Chayav for violating the prohibition of Imo. This is unlike the opinion the Mishnah quotes in the name of Rebbi Yehudah, which maintains that a person who violates the prohibition of Imo is never held responsible for the prohibition of Eishes Av as well.
7. It is not possible for a man to effect Kidushin with a woman who is prohibited to him by an Isur Kerisus. Thus, this person's mother is not considered his father's wife, and the only prohibition he has violated is the prohibition of Imo.
8. The Tana Kama interprets the term "Isur Mitzvah" as a reference to a woman who is a Sheniyah l'Arayos and is forbidden mid'Rabanan, while an "Isur Kedushah" is a woman who is prohibited to the Yavam by an Isur Lav because of the laws of Kehunah, such as a widow whose Yavam is a Kohen Gadol or a Gerushah or Chalutzah whose Yavam is a Kohen Hedyot. Rebbi Yehudah interprets the terms in reverse; he understands that the women who are prohibited to Kohanim are called "Isur Mitzvah" while the Arayos d'Rabanan are called "Isur Kedushah." In both of these cases, Yibum is permitted Min ha'Torah because the Mitzvas Aseh of Yibum supersedes the Lo Sa'aseh which prohibits it; however, the Rabanan prohibited such Yibum because only the first Bi'ah is permitted and they were concerned that a second Bi'ah might take place.
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