[45a - 52 lines; 45b - 54 lines]
1)[line 1]פרק אחדPEREK ECHAD- (a) one small segment of the body (RASHI, 1st explanation); (b) one small piece of cloth (RASHI, 2nd explanation)
2)[line 6]אילימא, "אותו", ולא אותהI'LEIMA, "OSO" V'LO OSAH- if you would interpret, only "he" (i.e. a man) is stoned, but a woman is not stoned
3)[line 11]חיישי להרהוראCHAYESHEI L'HIRHURA- [the Rabanan] suspect that the assembled would come to improper thoughts (and this is of more concern than hastening her death)
4)[line 13]והא איפכא שמענא להו!HA IPECHA SHAMA'NA LEHU!- but I have learned [elsewhere] that they (Rebbi Yehuda and the Rabanan) have the opposite opinions!
5)[line 13]הכהן אוחז בבגדיהKOHEN OCHEZ BI'VEGADEHA - (SOTAH)
(a)A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man, and she then violated the warning by secluding herself with him. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Setirah. The duration of the seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband unless and until she drinks Mei Sotah (see (c), below).
(b)The husband must bring his wife to the Beis ha'Mikdash, along with a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. The seventy-one member Sanhedrin (Supreme Court) that sits in the Beis ha'Mikdash frightens her with the description of the fate of a Sotah guilty of adultery (see (c) below). The Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband. A number of actions are then performed (her clothing is ripped and then held together with a rope of woven branches) in order to persuade her to admit her guilt, if she is indeed guilty, and thereby avoid erasing the name of HaSh-m (see below).
(c)If the Sotah maintains her innocence, then an earthenware jug is filled with half a Lug of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of HaSh-m's name) is written on parchment and then immersed in the water, causing the ink to dissolve. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and had been defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she would remain unharmed and would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah, such as in the present day, she must be divorced and does not receive her Kesuvah.
6a)[line 14]נקרעוNIKRE'U- they tore evenly
b)[line 14]נפרמוNIFREMU- they tore unevenly
7)[line 15]וסותר את שערהSOSER ES SA'ARAH- he [uncovers and] unbraids her hair
8)[line 18]שמא תצא מבית דין זכאהSHEMA TETZEI MI'BEIS DIN ZAKA'AH- perhaps she will emerge from Beis Din exonerated
9)[line 19]ויתגרו בה פירחי כהונהYISGARU BAH PIRCHEI KEHUNAH- the young Kohanim will be enticed towards her
10)[line 20]אתי לאיתגרויי באחרנייתאASI L'ISGARUYEI B'ACHARANIYASA- they will be enticed towards other women
11)[line 21]גמיריGEMIRI- we have learned
12a)[line 23]דרבי יהודה אדרבי יהודה קשיאD'REBBI YEHUDAH AD'REBBI YEHUDAH KASHYA- [the seeming contradiction] of Rebbi Yehudah's statements is a valid question...
b)[line 23]דרבן אדרבנן לא קשיא?!D'RABANAN AD'RABANAN LO KASHYA?!- is [the seeming contradiction] of the Rabanan's statements not a valid question?!
13)[line 25]כדשניןKEDI'SHNIN- as we have answered
14)[line 26]"[וְהִשְׁבַּתִּי זִמָּה מִן הָאָרֶץ;] וְנִוַּסְּרוּ כָּל הַנָּשִׁים, וְלֹא תַעֲשֶׂינָה כְּזִמַּתְכֶינָה""[V'HISHBATI ZIMAH MIN HA'ARETZ;] V'NIVASERU KOL HA'NASHIM, V'LO SA'ASENAH K'ZIMASCHENA"- "[And I shall abolish promiscuity from the earth;] and all of the women will be chastised, and they will not act like your promiscuity "(Yechezkel 23:48). We derive from this verse that when punishing an offender, we must take steps in order to discourage others from sinning. The Sotah is humiliated due to her violation of the prohibition of Yichud with another man, after her husband's admonition (see entry #5, above). According to the Rabanan, this is of greater importance than concern over improper thoughts.
15)[line 27]אין לך ייסור גדול מזהEIN LECHA YISUR GADOL MI'ZEH- there is no greater chastisement [to the assembled] than this
16)[line 30]ברור לו מיתה יפהBEROR LO MISAH YAFAH- select for him an honorable death
17a)[line 32]בזיוני דאינישBIZYONEI D'INISH- a person's disgrace
b)[line 33]עדיפא ליה טפיADIFA LEI TEFEI- is of more concern to him
c)[line 33]מניחא דגופיהMI'NICHA D'GUFEI- than bodily [dis]-comfort
18)[line 35]שתי קומותSHTEI KOMOS- twice the height of a person
19)[line 36]על מתניוAL MOSNAV- on his loins (i.e. face-up)
20)[line 40]"יַד הָעֵדִים תִּהְיֶה בּוֹ בָרִאשׁוֹנָה לַהֲמִיתוֹ, וְיַד כָּל הָעָם בָּאַחֲרוֹנָה; [וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ]""YAD HA'EDIM TIHYEH BO VA'RISHONAH LA'HAMISO, V'YAD KOL HA'AM BA'ACHARONAH..."- "The hand of the witnesses shall be upon him first to put him to death, and the hand of the people last; [and you shall destroy the evil from your midst]" (Devarim 17:7).
21)[line 41]וקומה שלוV'KOMAH SHELO- in addition to his own height (i.e. he is pushed from a standing position - RASHI)
22)[line 42]ומי בעינן כולי האיMI BA'INAN KULEI HAI?- do we need so much [of a fall] (i.e. would a shorter height not be sufficient)?
23)[line 43]בורBOR
(a)When a person digs a pit in Reshus ha'Rabim and does not cover it properly, and an animal passing through Reshus ha'Rabim falls into the pit, the Torah requires that the person who dug the pit pay for the damages. Even though the pit is not his private domain but is ownerless, and even though the pit did nothing to attack the animal but rather the animal walked into the pit on its own, he is nevertheless responsible.
(b)In certain circumstances, the Torah exempts a person who digs a pit in Reshus ha'Rabim from the damages it causes. For example: 1. according to some (the Chachamim), if utensils fall in and break; 2. if an animal of Pesulei ha'Mukdashim falls in and dies or is hurt; 3. if an animal falls in and dies and the pit was not ten Tefachim deep; 4. if a person falls in and dies, even if the pit was ten Tefachim deep (see Insights to Bava Kama 4b, for Rashi's opinion on this matter).
24)[line 47]ליגבהיה טפי!LIGBE'HEI TEFEI- let us make it even higher!
25)[line 47]דְּמִינְוָלD'MINEVAL- his body would become debased
26)[line 49]"[לֹא תִגַּע בּוֹ יָד כִּי] סָקוֹל יִסָּקֵל אוֹ יָרֹה יִיָּרֶה [אִם בְּהֵמָה אִם אִישׁ לֹא יִחְיֶה; בִּמְשֹׁךְ הַיֹּבֵל הֵמָּה יַעֲלוּ בָהָר]""[LO SIGA BO YAD,] KI SAKOL YISAKEL O YAROH YIYAREH..."- "[No hand should touch him, rather] he should surely be stoned or cast down..." (Shemos 19:13). This verse teaches the punishment of any man or animal that encroached the boundaries around Har Sinai during the days preceding Matan Torah.
45b----------------------------------------45b
27)[line 2]נוטל?!NOTEL?!- he [simply] takes it?!
28)[line 3]מַשּׂוּי שני בני אדםMASUI SHNEI BENEI ADAM- a burden that requires two people
29a)[line 7]דמדלי ליה בהדי חבריהD'MIDALEI LEI BAHADEI CHAVREI- he lifts it up together with his fellow [witness]
b)[line 7]ושדי לה איהוV'SHADI LAH IHU- and then throws it himself
30)[line 7]כי היכי דתיתי מרזיאKI HEICHI D'SEISI ME'RAZYA- in order that should travel with [directed] force
31)[line 9]מעולם לא שנה בה אדםME'OLAM LO SHANAH VAH ADAM- no one ever needed to repeat it (i.e. to proceed to the last stage of the stoning)
32)[line 14]דמתקני ומייתי אחריני חלופייהוMESAKNEI U'MAYESEI ACHARINI CHILUFAYHU- they prepare and bring others as replacements
33)[line 16]בתפיסתוBI'SFISASO- in his proximity (within four Amos - RASHI)
34)[line 17]נקטעה יד העדיםNIKTE'AH YAD HA'EDIM- if the hand of the witnesses was chopped off (before they could carry out the verdict)
35)[line 19]גידמין דמעיקראGIDEMIN D'ME'IKARA- they had no hands from the beginning
36)[line 24]בְּהֵן הֵן עדיוB'HEN HEN EDAV- in a case when they themselves were the [original] witnesses against him
37)[line 25]ומי בעינן קרא כדכתיב?MI BA'INAN KERA K'DICHSIV?- do we require the precise fulfillment of the wording of Pesukim?
38)[line 25]"[אוֹ בְאֵיבָה הִכָּהוּ בְיָדוֹ וַיָּמֹת,] מוֹת יוּמַת הַמַּכֶּה רוֹצֵחַ הוּא; [גֹּאֵל הַדָּם יָמִית אֶת הָרֹצֵחַ בְּפִגְעוֹ בוֹ]""[O V'EIVAH HIKAHU V'YADO VA'YAMOS,] MOS YUMAS HA'MAKEH, ROTZE'ACH HU..."- "[Or if with malice he struck him with his hand, and he died,] the assailant shall surely die, he is a murderer..." (Bamidbar 35:21).
39)[line 30]וליגמר מיניה?LIGMAR MINEI?- let us learn from here (by means of a Mah Matzinu - literally, "just as we have found." This entails comparing one area of Halachah to another, and applying what is stated clearly regarding one to the other. This method, however, is very vulnerable to "Pirchos" - questions of logical difference. If any difference can be shown between the two subjects, then the comparison is negated.
40)[line 30]וגואל הדםGO'EL HADAM
(a)A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (banishment, exile).
(b)When it is proven that a person killed unintentionally, he is banished to one of the six Arei Miklat (cities of refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum (city limits) for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment.
(c)If the unintentional murderer leaves his city of refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.
41)[line 31]שני כתובין הבאין כאחדSHNEI CHESUVIN HA'BA'IN K'ECHAD - Two Verses that Teach the Same Halachah
(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 them is called "Binyan Av." A Binyan Av - literally "building through a father" - refers to the establishment of a certain law in one area of the Torah, and then applying it to other comparable circumstances.
(b)If the Torah goes out of its way to establish an identical law in two different areas of Halachah, however, then this law may not be applied in other areas. If we were meant to do so, then the Torah would have established the law once, leaving us to apply it as applicable through a Binyan Av. By specifying the law twice, the Torah is teaching that it is meant to apply only in the instances where the Torah specifies it.
(c)Some Tana'im maintain that the same Halachah expressed twice does not imply that we should not apply this Halachah in other contexts. They maintain that such reasoning is appropriate only when the same Halachah is stated in a minimum of three places (Sheloshah Kesuvim ha'Ba'im k'Echad Ein Melamdin).
42)[line 32]"גֹּאֵל הַדָּם [הוּא] יָמִית אֶת הָרֹצֵחַ, בְּפִגְעוֹ בוֹ [הוּא יְמִתֶנּוּ]""GO'EL HA'DAM, [HU] YAMIS ES HA'ROTZE'ACH; B'FIG'O VO [HU YEMISENU]"- "The Go'el ha'Dam shall put the murderer to death; when he shall [be told by Beis Din to] strike him down, he shall put him to death" (Bamidbar 35:19, according to Girsa of Rashash).
43a)[line 35]היה אחד מהם גידםHAYAH ECHAD ME'HEM GIDEM- if one of them (the parents of the Ben Sorer u'Moreh; see next entry) was lacking hands
b)[line 35]אילםILEM- mute
c)[line 36]חיגרCHIGER- lame
d)[line 36]סומאSUMA- blind
e)[line 36]חרשCHERESH- deaf
44)[line 36]בן סורר ומורהBEN SORER U'MOREH - A Wayward and Rebellious Son
(a)A Ben Sorer u'Moreh is a boy who has become "wayward and rebellious" (Devarim 21:18-21). The period of time during which he can acquire this Halachic status begins with physical maturity - Halachically defined as the point at which he has grown two pubic hairs - until his pubic hair grows in fully (Halachically considered to be three months later). During this time, he must steal money set aside for his father and mother, use it to purchase fifty Dinars worth of meat, and consume it rare. He must also purchase one half-Log (5 oz.) of especially fine wine and drink it with his meal. The consumption must take place outside of his father's property, and in bad company.
(b)One who has met the necessary conditions of a Ben Sorer u'Moreh is punished with Sekilah (stoning; see Background to 8:58:a:1). Rebbi Yosi ha'Glili explains why this punishment is just, even though it is seemingly disproportionate to the crime. HaSh-m has determined that since he is consumed with experiencing worldly pleasures to the exclusion of all else, he will eventually deplete all of his father's possessions in this pursuit. Left with no means of continuing his chosen path in life, he will stand at a crossroads and murder people in order to steal from them. Better that he die young with relatively few sins than die after a long and wicked life (Mishnah, Sanhedrin 72a).
(c)The Gemara (68b-72a) derives many additional details necessary for a young man to be considered a Ben Sorer u'Moreh. According to one opinion, these are so numerous and unlikely that the case of a Ben Sorer u'Moreh never occurred, nor will it ever (Sanhedrin 71a).
45)[line 36]"וְתָפְשׂוּ בוֹ אָבִיו וְאִמּוֹ, וְהוֹצִיאוּ אֹתוֹ אֶל זִקְנֵי עִירוֹ וְאֶל שַׁעַר מְקֹמוֹ""V'SAFSU VO AVIV V'IMO, V'HOTZI'U OSO EL ZIKNEI IRO V'EL SHA'AR MEKOMO"- "And his father and mother shall grab hold of him, and they shall bring him out to the elders of his city, and the gate of his locality" (Devarim 21:19).
46)[line 37]"וְאָמְרוּ אֶל זִקְנֵי עִירוֹ, בְּנֵנוּ זֶה סוֹרֵר וּמֹרֶה אֵינֶנּוּ שֹׁמֵעַ בְּקֹלֵנוּ; זוֹלֵל וְסֹבֵא""V'AMRU EL ZIKNEI IRO, BENEINU ZEH SORER UMOREH, EINENU SHOME'A B'KOLEINU; ZOLEL V'SOVEI"- "And they shall say to the elders of his city, 'this son of ours is wayward and rebellious, he does not obey our voice; he eats and drinks gluttonously'" (Devarim 21:20).
47)[line 38]ולא חרשיןV'LO CHERESHIN- and not [when the parents are] deaf (for they cannot hear what their son responded to their rebuke)
48)[line 39]רחובRECHOV- a central street; town square
49)[line 40]עיר הנדחתIR HA'NIDACHAS - A City that has Strayed to Idol Worship
If an entire city has strayed (Nidach) to the extent that most of its inhabitants practice idolatry, it must be eradicated. All those who worshipped idols are put to death by the sword, while the buildings of the city are razed, and its contents are burned in the town square (Devarim 13:13-19). Those righteous individuals who did not sin are allowed to remain alive, but they must leave the city bereft of all possessions.
50a)[line 43]בֹּהֶן יָדBOHEN YAD- the thumb of the [right] hand
b)[line 43]בֹּהֶן רגלBOHEN REGEL- the big toe of the [right] foot
51)[line 45]המגדףMEGADEF - The Blasphemer
One is prohibited to curse HaSh-m (Shemos 22:27). One who does so in front of valid witnesses after having been properly warned is liable to receive Sekilah (stoning) (Vayikra 24:14-15). He is liable to receive this penalty, however, only if he expressed his curse in a format of "Yakeh Yosi Es Yosi." This means that he articulated in his curse that HaSh-m should smite Himself, while expressing two names of HaSh-m (derived from Vayikra 24:17; Mishnah and Gemara, Sanhedrin 56a). For further explanation, see Insights to Sanhedrin 55:1.
52)[line 48]שמעון בן שטח תלה נשים באשקלוןSHIMON BEN SHETACH TALAH NASHIM B'ASHKELON- Shimon Ben Shetach hanged [numerous] women in Ashkelon. In his time (the waning days of the second Beis ha'Mikdash), witchcraft was prevalent among Jewish women. In order to mend this breach, Shimon ben Shetach brought eighty witches to justice on the same day, and had them hanged publicly. The story of how he outsmarted and captured the witches is detailed in RASHI 44b DH d'Ba'aya Michsa (based on the Yerushalmi).
53)[line 49]ואין דנין שנים ביום אחדEIN DANIN SHNAYIM B'YOM ECHAD- we [normally] do not judge two capital crimes on the same day [in the same Beis Din]
54)[line 49]"וְכִי יִהְיֶה בְאִישׁ חֵטְא מִשְׁפַּט מָוֶת וְהוּמָת, וְתָלִיתָ אֹתוֹ עַל עֵץ""V'CHI YIHYEH V'ISH CHEIT MISHPAT MAVES, V'HUMAS; V'SALISA OSO AL ETZ"- "If there be in a man a sin deserving of death, and he is put to death, you shall hang [his body] on a tree" (Devarim 21:22).
55)[line 50]"[לֹא תָלִין נִבְלָתוֹ עַל הָעֵץ, כִּי קָבוֹר תִּקְבְּרֶנּוּ בַּיּוֹם הַהוּא,] כִּי קִלְלַת אֱ-לֹקִים תָּלוּי; [וְלֹא תְטַמֵּא אֶת אַדְמָתְךָ אֲשֶׁר ה' אֱ-לֹקֶיךָ נֹתֵן לְךָ נַחֲלָה]""[LO SALIN NIVLASO AL HA'ETZ, KI KAVOR TIKBERENU BA'YOM HA'HU,] KI KILELAS EL-KIM TALUI..."- "[His body shall not remain on the tree overnight, rather, you shall surely bury it on that same day,] for he was hung [for having] blasphemed HaSh-m..." (Devarim 21:23).
56)[line 52]כללי ופרטי / ריבויי ומיעוטי(KLALEI U'FRATEI / RIBUYEI U'MI'UTEI)
(a)In order to extract the Halachah from the verses of the Torah, many Tana'im interpret the verses on the basis of Klalim (generalizations) and Pratim (specifications). Others interpret the verses on the basis of Ribuyim (inclusions, i.e. qualifications that enlarge the scope of the law) and Mi'utim (exclusions).
(b)According to the approach that learns Klalei u'Fratei, when a Klal is followed by a Prat, the Halachah is applied to the specific case of the Prat only. According to the approach that learns Ribuyei u'Mi'utei, when a Ribuy is followed by a Mi'ut, the Mi'ut merely serves to narrow the scope of the Ribuy to cases that are similar to the Mi'ut.
(c)Often, a Klal u'Frat will be followed by another Klal (according to the second approach, the Ribuy u'Mi'ut is followed by another Ribuy). See Background to Menachos 28:31.
57)[line 53]אי הוו מקרבי להדדיIY HAVU MEKARVEI LE'HADADEI- if [the words] were in proximity to each other
58)[last line](הני) [האי] אין(HANI) [HAI], IYN- this case (the blasphemer), yes