ISURIM THAT WERE ONCE PERMITTED
Answer (Abaye): This is not a stringency of Kil'ai ha'Kerem - once we show that Basar v'Chalav is Asur b'Hana'ah, one is lashed for abnormal benefit, since the Isur was not expressed regarding eating! (Maharam Chalavah - one cannot be truly lashed for abnormal benefit from Basar v'Chalav, since it is learned from a Kal va'Chomer - 'lashes' merely refers to an Isur mid'Oraisa.)
The one who asked holds that since one source we learn from is Neveilah (really, Tereifah), for which one is lashed only for normal benefit, therefore the same applies to Basar v'Chalav;
Abaye says that this is why the Torah did not express the Isur of Basar v'Chalav regarding eating [in order to Mechayev for abnormal benefit]!
Question: We should not be able to learn from Kil'ai ha'Kerem, for it never was permitted (when Heter (something permitted) starts to grow in a situation of Kil'ayim, the Heter remains permitted, and all new growth was forbidden from its inception)!
Answer (Rav Ada bar Ahavah): This teaches that the roots of Kil'ai ha'Kerem become forbidden [even though they were permitted before they grew in the vineyard]!
Question (Rav Shemayah - Mishnah): If one passes a flowerpot with holes through a vineyard:
If what is growing in the pot grew another one part in 200 [while passing through], it is forbidden;
If it did not grow more, it is permitted! (The roots remain permitted, the new growth is Batel; also in the Reisha, the roots are inherently permitted - the plant is forbidden because there is too much Isur, it is not Batel.)
Answer (Rava) Contradiction: One verse forbids Ha'Zera (what was planted), and another forbids only "ha'Mele'ah" (additional growth)!
Resolution: If it was Kil'ayim when planted, it is forbidden once it takes root [even though the seeds were permitted];
If it was planted b'Heter, and later grew in a situation of Kil'ayim, it is forbidden only if it grew another one part in 200.
HEALING WITH ISURIM
(R. Yakov citing R. Yochanan): One may use anything to heal, except for wood of an Asheirah (the cure requires an Asheirah);
Question: What is the case?
If there is [mortal] danger, even wood of an Asheirah should be permitted;
If there is no danger, all Isurim should be forbidden!
Answer: There is danger - nevertheless, wood of an Asheirah is forbidden:
(Beraisa - R. Eliezer) Question: ["V'Ohavta Es Hash-m Elokecha" -] why must it say both "Uv'Chol Nafshecha," and "Uv'Chol Me'odecha"?
Answer: [Even] if a person's life is dearer to him than his money, he must love Hash-m with all his life (use of idolatry contradicts love of Hash-m); [even] if his money is dearer to him than his life, he must love Hash-m with all his money (use all of it to avoid transgressing, if necessary).
(Ravin citing R. Yochanan): One may heal through any means, except through idolatry, Arayos or murder.
We already learned about idolatry; the following teaches about Arayos and murder:
(Beraisa - Rebbi) Question: "Ki ka'Asher...u'Rtzacho Nefesh" - we do not learn about Na'arah Me'orasah (an engaged virgin who was raped) from murder (it explicitly says that we do not kill her, for she was forced)!
Answer: The verse seems to learn Na'arah Me'orasah from a murderer, but really, Na'arah Me'orasah teaches about murder;
It equates them - just like one can kill one who seeks to rape a Na'arah Me'orasah to save her, one can kill a pursuer [who seeks to kill] to save the victim.
Also, just like one cannot kill someone else, even if he will be killed for refusing, also one must be killed and not transgress with a Na'arah Me'orasah.
Question: What is the source that one cannot kill someone else, even if he will be killed for refusing?
Answer: Reasoning teaches this.
A man asked Rava: The mayor told me to kill Ploni or be killed [what should I do?]!
Rava: Be killed, do not kill - perhaps Ploni is worthier to live than you are!
Mar bar Rav Ashi saw Ravina smearing his daughter [for medicinal reasons] with unripe olives of Orlah.
Mar bar Rav Ashi: Chachamim permitted Isurim at a time of danger - did they permit when there is no danger?!
Version #1 - Ravina: A fever is like a time of danger!
Version #2 - Ravina: This is not the normal benefit (i.e. oil squeezed from ripe olives)!
(Abaye): If a person gets Hana'ah [from Isurei Hana'ah] against his will, it is permitted;
(Rava): It is forbidden.
Version #1: If one intends to benefit, whether or not he could avoid benefit, all forbid;
If he could not avoid benefit [without excessive toil], and does not intend to benefit, all permit (Tosfos - Abaye and Rava permit, according to R. Shimon, who permits Davar she'Eino Miskaven);
They argue about when he could avoid benefit, and does not intend to benefit.
According to R. Yehudah, who forbids Davar she'Eino Miskaven, all forbid - they argue according to R. Shimon:
Abaye permits, like R. Shimon;
Rava says, R. Shimon permits only when he cannot avoid benefit - when he can, it is forbidden.
Version #2: R. Yehudah and R. Shimon argue about one who could avoid benefit, and does not intend to benefit;
If he could not avoid benefit, and does not intend to benefit, both of them permit;
They argue about when he cannot avoid benefit, and intends to benefit:
According to R. Shimon, who says that it depends on intent, all forbid - they argue according to R. Yehudah, who equates intent and lack of intent - if he could avoid it, it is forbidden;
[When he cannot avoid benefit,] Abaye permits, like R. Yehudah;
Rava says, R. Yehudah equates intent and lack of intent to be stringent when one could avoid benefit - he does not equate them to be lenient when one cannot avoid benefit.