[35a - 39 lines; 35b - 42 lines]

1)[line 1]" , [] , [ ; , ]""VA'TIKACH RITZPAH VAS AYAH ES HA'SAK..."- "And Ritzpah the daughter of Ayah took a sackcloth, and spread it out for herself upon the rock, from the beginning of the harvest [until the rain dropped upon them from the sky; and she did not let the birds of the air rest on them by day, nor the beasts of the field by night]" (Shmuel II 21:10) - Ritzpah, the concubine of Shaul, protected the corpses of her two sons and five of Shaul's grandchildren throughout the months that they were hanging (see Background to Sanhedrin 34:60). The Gemara uses this verse to prove that Hoka'ah specifically refers to hanging on a gallows in the open air, unprotected from the elements.

2)[line 11]"... , , ""... MELE'ASI MISHPAT, TZEDEK YALIN BAH, V'ATAH MERATZECHIM"- "It was full of judgment; righteousness lodged in it; but now, murderers" (Yeshayah 1:21) - This verse hints at the concept of Halanas ha'Din, waiting overnight before convicting a defendant in a capital case.

3)[line 13]" ""ASHERU CHAMOTZ"- "vindicate the oppressed" (Yeshayah 1:17) - Rava interprets this verse homiletically as "vindicate the one who delays [sentencing in a capital case]," relating the word "Chamotz" to "Chametz."

4)[line 13] ASHERU DAYAN SHE'MECHAMETZ ES DINO- vindicate the judge who delays his case [and waits until the next day for sentencing in a capital case]

5)[line 14] ASHERU CHAMOTZ, V'LO CHOMETZ- vindicate the oppressed (passive tense), and not the oppressor (active tense)

6)[line 17] KOL TA'ANIS SHE'MALININ BO ES HA'TZEDAKAH- any fast day on which the congregation leaves overnight the charitable contributions that were collected [without distributing them to the poor right after the fast. The custom at the time of the Gemara was to collect money during a fast day for distribution to the poor immediately afterwards]

7a)[line 19]RIFTA- bread

b)[line 19]TAMREI- dates

8)[line 22] MA'ALEI SHABATA- Erev Shabbos, Friday

9)[line 27]L'URTA- at night (on Motza'ei Shabbos)

10)[line 29] ATAH ME'ANEH ES DINO- you (i.e. Beis Din) are going to cause him (lit. cause his judgment) anguish

11)[line 30] MINSHU TA'AMAIHU- they will forget their arguments [of Erev Shabbos]

12)[line 33] () [] ...NEHI (DEB'FUMA) [D'FUMA] KASVIN...- granted that they (the scribes of the court) write the [words that came out of their] mouths

13)[line 33] LIBA D'INSHI INSHEI- but [what is in] the heart of a person, he forgets (and a judge needs to know the exact reason for his decision before he condemns a person to death)

14)[line 35] MES MITZVAH

(a)When a dead Jew is found unattended and an attempt to determine who his relatives are brings about no response, the dead body is called a Mes Mitzvah. The person who found the body is obligated to bury it. (RAMBAM Hilchos Avel 3:8)

(b)The body must be buried where it is found; "Mes Mitzvah Koneh Mekomo" - it "acquires the place where it rests." Even if it is found in the middle of a field that belongs to someone else, it is buried there. (However, if the body is found within 2000 Amos of a Jewish community, it must be buried in the community cemetery (RAMBAM Hilchos Tum'as Mes 8:7).)

15)[line 36] AVODAH SHE'DOCHAH SHABBOS- the Divine service in the Beis ha'Mikdash "pushes aside" [certain prohibitions of] Shabbos. (The Kohanim perform various Melachos of Shabbos when they sacrifice the Korbanos that are prescribed for Shabbos.)

16)[line 37]" [ , - ]""L'AVIV UL'IMO L'ACHIV UL'ACHOSO [LO YITAMA LAHEM B'MOSAM, KI NEZER E-LOKAV AL ROSHO]"- "[He (the Nazir) shall not make himself Tamei] for his father, or for his mother, for his brother, or for his sister, [when they die; because the crown of HaSh-m is upon his head]" (Bamidbar 6:7).

17)[line 38] HAREI SHE'HAYAH HOLECH- if it happened that he (a Kohen Gadol who is a Nazir) was going


18)[line 7]RETZICHAH - the death penalty (lit. murder) (ARBA MISOS BEIS DIN)

(a)Arba Misos Beis Din, the four death penalties administered by Beis Din, in their order of stringency are:

1.Sekilah (stoning)

2.Sereifah (burning with molten lead, which is poured down the throat)

3.Hereg (killing with a sword) (Sefer ha'Chinuch #50)

4.Chenek (strangulation) (Sefer ha'Chinuch #47)

(b)According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b), the order of their stringency is Sereifah, Sekilah, Chenek and Hereg.

(c)The four death penalties are not administered on Shabbos, as our Gemara proves on this Amud.

19)[line 7] DOCHAH ES HA'AVODAH- [the four death penalties] "push aside" the Divine service in the Beis ha'Mikdash (see next entry)

20)[line 10]"[ ,] ""... ME'IM MIZBECHI TIKACHENU LA'MUS"- "[But if a man intentionally plots against his neighbor, to slay him treacherously,] from near My Mizbe'ach you shall take him to die" (Shemos 21:14) - This verse instructs the judges to take a Kohen from near the Mizbe'ach, when he is about to do the Avodah, to be tried for a capital offense. This is the intention of the Gemara when it states, "Retzichah Docheh Es ha'Avodah." (However, if he is actually on the Mizbe'ach doing the Avodah, he is not taken down - Makos 12a.)

21)[line 14]" [ ]""LO SEVA'ARU ESH [B'CHOL MOSHEVOSEICHEM B'YOM HA'SHABBOS]"- "You shall not kindle a fire [in any of your settlements on the day of Shabbos]" (Shemos 35:3).


(a)All 39 of the Avos Melachos of Shabbos (major categories of creative acts) and Toldos (secondary categories) are included in one prohibition by the Torah with the words, "... Shabbos Shabbason la'Sh-m, Kol ha'Oseh Vo Melachah Yumas" - "It is a day of complete rest to HaSh-m, whoever does work on it will be put to death" (Shemos 35:2). The next verse states, "Lo Seva'aru Esh b'Chol Moshevoseichem, b'Yom ha'Shabbos" - "You shall not kindle a fire in any of your settlements on the day of Shabbos" (ibid. 35:3).

(b)Rebbi Yosi rules l'Lav Yatzas, that the Melachah of kindling was singled out in the Torah to teach that transgressing it involves only a Lav (and is not punishable with Sekilah - stoning, like the other Melachos, but with Malkos - lashes). Rebbi Nasan rules l'Chalek Yatzas, that the Melachah of kindling was singled out in the Torah to teach that transgressing it alone will require one to bring a Korban Chatas when the transgression was b'Shogeg. One does not have to transgress all of the Melachos in order to be obligated to bring one Korban. We then learn by application of the rule "Davar she'Hayah bi'Chelal v'Yatza Min ha'Kelal l'Lamed" (see Background to Yevamos 7:2) that the same applies to all other Melachos of Shabbos; transgressing any single Melachah obligates the person to bring a separate Korban Chatas.

23)[line 16]HAV'ARAH- kindling a fire

24)[line 18]MOSHEVOS- "settlements;" see above, entry #22:a

25)[line 40] , HA'HU L'KORBAN YACHID, D'LO DACHI SHABBOS- this verse would teach us that Retzichah (Misas Beis Din) is only Docheh the Avodah of a Korban Yachid, since a Korban Yachid is not Docheh Shabbos (Retzichah would not, however, be Docheh the Avodah of a Korban Tzibur, due to Abaye's Kal va'Chomer. As such, Rebbi Yochanan's answer to Reish Lakish, "Retzichah Tochi'ach," falls away, and Reish Lakish's question, "Tehei Kevuras Mes Mitzvah Docheh Shabbos," returns - TOSAFOS DH Amar).