[57a - 38 lines; 57b - 54 lines]
1)[line 1]"åÇúÌÄùÌÑÈçÅú äÈàÈøÆõ ìÄôÀðÅé äÈàÁ-ìÉ÷Äéí [åÇúÌÄîÌÈìÅà äÈàÈøÆõ çÈîÈñ]""VA'TISHACHES HA'ARETZ LIFNEI HA'EL-KIM..."- "The earth also was corrupt before HaSh-m, [and the earth was filled with robbery]" (Bereishis 6:11) - The fact that the Generation of the Flood was punished for the negative commandments learned from the following verses shows that all of mankind received these commandments beforehand (RASHI).
2)[line 4]"ôÌÆï úÌÇùÑÀçÄéúåÌï åÇòÂùÒÄéúÆí [ìÈëÆí ôÌÆñÆì...]""PEN TASHCHISUN VA'ASISEM [LACHEM PESEL...]"- "Lest you become corrupt and make [for yourselves a graven image...]" (Devarim 4:16) - This verse connects the concept of Hashchasah with Avodah Zarah.
3)[line 5]àåøçééäå ã÷à îâìéORCHAIHU D'KA MEGALEI- [this verse (Bereishis 9:11)] reveals their ways (and explains why they were destroyed)
4)[line 6]"[ëÌÈì øÆîÆùÒ àÂùÑÆø äåÌà çÇé, ìÈëÆí éÄäÀéÆä ìÀàÈëÀìÈä;] ëÌÀéÆøÆ÷ òÅùÒÆá ðÈúÇúÌÄé ìÈëÆí àÆú ëÌÉì""... K'YEREK ESEV NASATI LACHEM ES KOL"- "[Every moving thing that lives shall be food for you;] even as the green herbs have I given you all things" (Bereishis 9:3).
5a)[line 7]ëéø÷ òùáK'YEREK ESEV- like the vegetables of the grass [of the fields] (that are ownerless)
b)[line 7]ëéø÷ âðäK'YEREK GINAH- like the vegetables of a [private] garden
6)[line 8]"àÇêÀ áÌÈùÒÈø áÌÀðÇôÀùÑåÉ ãÈîåÉ ìÉà úÉàëÅìåÌ""ACH BASAR B'NAFSHO DAMO LO SOCHELU"- "But flesh with its life, its blood, you shall not eat" (Bereishis 9:4) - The flesh is prohibited as long as the animal is "with its life," i.e. alive.
7)[line 9]ìîéùøé ùøöéí äåà ãàúàL'MISHREI SHERATZIM HU D'ASA- it comes to permit to them [Ever Min ha'Chai of] swarming things (insects and the like. Source: Gemara 59b)
8)[line 9]"[åÀàÇúÌÆí ôÌÀøåÌ åÌøÀáåÌ;] ùÑÄøÀöåÌ áÈàÈøÆõ åÌøÀáåÌ áÈäÌ""... SHIRTZU VA'ARETZ U'RVU VAH"- "[And you, be fruitful, and multiply;] abound in the earth, and multiply in it" (Bereishis 9:7).
9)[line 10]ëìàéí ãëúéá, "îÅäÈòåÉó ìÀîÄéðÅäåÌ"KIL'AYIM DI'CHESIV "MEHA'OF L'MINEIHU"- Kil'ayim (i.e. Harba'as Behemah - see Background to Sanhedrin 56:33) [is prohibited to Bnei Noach] since the verse states, "from the birds according to their species" (Bereishis 6:20). (The fact that Noach was commanded to bring all the animals in pairs and not to bring one animal of one species along with another animal of another species shows that there was a prohibition against the practice of Ha'rba'as Behemah.)
10)[line 10]ìöåúà áòìîàL'TZAVSA B'ALMA- just to have company (an animal prefers to keep company with another one of its own species)
11)[line 11]àîøé áé øáAMREI BEI RAV- the scholars taught in the Beis Midrash of Rav
12)[line 18]àæäøä ùìäï æå äéà îéúúïAZHARAH SHELAHEN ZO HI MISASAN- their prohibitions are [the causes that will bring about] their deaths. (In the prohibitions commanded to Benei Noach, the Tana'im do not use the word "Azharah" in the sense of a negative commandment, as is the case with the prohibitions commanded to Bnei Yisrael.)
13a)[line 21]òì äâæìAL HA'GEZEL- [Bnei Noach are commanded] regarding robbery (and stealing) [as follows]:
b)[line 21]âÌÈðÇáGANAV- [a Ben Noach] stole
c)[line 21]åÀâÌÈæÇìGAZAL- [a ben Noach] robbed
d)[line 21]éôú úåàøYEFAS TO'AR
(a)The Torah (Devarim 21:10-14) permits a Jewish soldier to take home a foreign female prisoner of war, convert her, and marry her. The Torah permits this "only in recognition of the power of a man's evil inclination," in order to prevent the strong likelihood that some Jews might be overcome by their Yetzer ha'Ra and engage in forbidden relations with her.
(b)However, the Torah requires first that she undergo a thirty-day period of mourning for her parents (as well as for their idolatrous practices; Yevamos 48b, RAMBAM Hilchos Melachim 8:5). This involves shaving her head, letting her fingernails grow (or be cut; see Yevamos 48b), and replacing the fine garments that she was wearing when she was captured with ordinary clothes. This is done in order to make her less attractive (RASHI to Devarim ibid., IBN EZRA to Devarim ibid.) and to signify purification and a new status (CHIZKUNI to Devarim ibid.).
(c)There is a Machlokes Rishonim regarding whether it is permitted for the Jewish soldier to have relations with the Yefas To'ar a single time, during the war, before bringing her home (RAMBAM, RABEINU TAM), or whether such an act during war is forbidden and that the soldier must wait until after her period of mourning is completed (RASHI, according to TOSFOS; see RITVA).
(d)A Ben Noach who takes a Yefas To'ar in one of his wars is liable to the death penalty for stealing, since Benei Noach were not commanded by the Torah to capture any land ("Lav Benei Kivush Ninhu" - Sanhedrin 59a).
e)[line 21]åëï ëéåöà áäïV'CHEN KA'YOTZEI VAHEN- and similarly [they are liable to the death penalty] for [transgressions that are] comparable to them (i.e. to Gazal and Yefas To'ar - and possibly Shefichus Damim - as the Gemara explains at the bottom of this Amud; see Rashi's comment with regard to Ganav, DH ka'Yotzei Vo b'Gezel)
14)[line 21]ëåúéKUSI- that is, a Nochri
15)[line 22]åéùøàì áëåúéYISRAEL B'KUSI- A Jew from a Nochri [is permitted]
16)[line 26]åøåòé áäîä ã÷ä, ìà îòìéï åìà îåøéãéïRO'EI VEHEMAH DAKAH, LO MA'ALIN V'LO MORIDIN - shepherds of small domesticated animals [should they fall into a pit] are not brought up (i.e. are not saved), but they are not lowered down [into pits to die there]
(a)The Chachamim decreed that it is prohibited to raise Behemah Dakah (small, domesticated farm animals such as sheep), in Eretz Yisrael because they enter people's fields and damage their property. The shepherds who tend the flocks of others are classified among those people who are disqualified from testifying and being judges, since they are suspected of stealing (Sanhedrin 25b).
(b)This statement shows that Yisrael b'Kusi is not Mutar (permitted), and the Tosefta had no choice but to use the word Patur (exempted from punishment). Therefore, there is no proof from here that the Tosefta uses specific language in reference to the rulings of Asur - Mutar and Chayav - Patur.
17a)[line 28]ìôåòì áëøíPO'EL B'CHEREM
(a)The Torah grants workers and beasts of burden the right to eat the produce with which they are working in certain situations (Devarim 23:25-26, 25:4). First, the produce must be a product of the earth.
(b)Next, if the produce is attached to the ground, it must be in the final stages of preparation, i.e. when it is being picked. If it is already cut from the ground, it must not have reached the final stage of preparation for which it is normally grown, which is the time when Ma'aser (see Background to Bava Metzia 52:3 and to Bava Metzia 87:49) or Chalah (see Background to Bava Metzia 87:36) must be taken.
b)[line 28]áùòú âîø îìàëäBI'SHE'AS GEMAR MELACHAH- at the time that the final stages of production are done
18)[line 33]ìëåáù ùëø ùëéøKOVESH SECHAR SECHIR (HALANAS SECHAR SACHIR / KOVESH SECHAR SACHIR)
(a)There are two places in the Torah in which an employer is commanded not to withhold the wages of his hired worker. First, the Torah commands, "ìÉà úÇòÂùÑÉ÷ àÆú øÅòÂêÈ åÀìÉà úÄâÀæÉì; ìÉà úÈìÄéï ôÌÀòËìÌÇú ùÒÈëÄéø àÄúÌÀêÈ òÇã áÌÉ÷Æø" "Lo Sa'ashok Es Re'acha v'Lo Sigzol; Lo Salin Pe'ulas Sachir Itecha Ad Boker" - "You shall not defraud your neighbor, and you shall not rob him; you shall not leave overnight the wage of a worker with you until the morning" (Vayikra 19:13). The Gemara (Bava Metzia 110b) teaches that this verse refers to a Sechir Yom, a hired day worker. Such a worker comes in from his work at the end of the day, when the night has begun. The employer has all night to pay the worker his wages. If the morning arrives, though, and the employer has not yet paid the worker, then the employer transgresses the Lav of "Lo Salin." The employer also transgresses the additional Lavim mentioned in the verse: "Lo Sa'ashok" and "Lo Sigzol."
(b)Second, the Torah commands, "ìÉà úÇòÂùÑåÉ÷ ùÒÈëÄéø òÈðÄé åÀàÆáÀéåÉï; îÅàÇçÆéêÈ àåÉ îÄâÌÅøÀêÈ àÂùÑÆø áÌÀàÇøÀöÀêÈ áÌÄùÑÀòÈøÆéêÈ. áÌÀéåÉîåÉ úÄúÌÅï ùÒÀëÈøåÉ, åÀìÉà úÈáåÉà òÈìÈéå äÇùÌÑÆîÆùÑ, ëÌÄé òÈðÄé äåÌà åÀàÅìÈéå äåÌà ðÉùÒÅà àÆú ðÇôÀùÑåÉ; åÀìÉà éÄ÷ÀøÈà òÈìÆéêÈ àÆì ä' åÀäÈéÈä áÀêÈ çÅèÀà" "Lo Sa'ashok Sachir Ani v'Evyon me'Achecha O mi'Gerecha Asher b'Artzecha bi'Sh'arecha. B'Yomo Siten Secharo v'Lo Savo Alav ha'Shemesh, Ki Ani Hu, v'Elav Hu Nosei Es Nafsho; v'Lo Yikra Alecha El HaSh-m, v'Hayah Vecha Chet" - "You shall not defraud the wages of a poor or destitute hired worker, who is your brother or a convert living in your land within your gates. On his day you shall give him his wages, and you shall not let the sun set on him waiting, for he is poor, and on it his life depends; he should not have to cry out against you to HaSh-m and cause you to have a sin" (Devarim 24:14-15). The Gemara (ibid.) teaches that this verse refers to a Sechir Lailah, a hired night worker. Such a worker comes in from his work at the end of the night, when they day has begun. The employer has all day to pay the worker his wages. If the next night arrives (at sunset), and the employer has not yet paid the worker, then the employer transgresses the Lav of "Lo Savo Alav ha'Shemesh." The employer also transgresses the additional Lavim mentioned in the verse of "La Sa'ashok" and "Lo Sigzol" (in Vayikra 19:13).
19)[line 35]áï ðç ùééçã ùôçä ìòáãåBEN NO'ACH SHE'YICHED SHIFCHAH L'AVDO- a Ben Noach who designated a maidservant as the "wife" of one of his Nochri slaves
57b----------------------------------------57b
20a)[line 6]"åÀàÇêÀ àÆú ãÌÄîÀëÆí ìÀðÇôÀùÑÉúÅéëÆí àÆãÀøÉùÑ, îÄéÌÇã ëÌÈì çÇéÌÈä àÆãÀøÀùÑÆðÌåÌ; åÌîÄéÌÇã äÈàÈãÈí îÄéÌÇã àÄéùÑ àÈçÄéå àÆãÀøÉùÑ àÆú ðÆôÆùÑ äÈàÈãÈí. ùÑÉôÅêÀ ãÌÇí äÈàÈãÈí, áÌÈàÈãÈí ãÌÈîåÉ éÄùÌÑÈôÅêÀ; ëÌÄé áÌÀöÆìÆí àÁ-ìÉ÷Äéí òÈùÒÈä àÆú äÈàÈãÈí""V'ACH ES DIMCHEM L'NAFSHOSEICHEM EDROSH, MI'YAD KOL CHAYAH EDRESHENU; UMI'YAD HA'ADAM, MI'YAD ISH ACHIV, EDROSH ES NEFESH HA'ADAM. SHOFECH DAM HA'ADAM, BA'ADAM DAMO YISHAFECH; KI B'TZELEM EL-KIM ASAH ES HA'ADAM"- "However, your blood of your souls I will demand (if you take your own blood), from all living things I shall demand it; and by the hands of man, each man from the hands of his brother, I shall demand the blood of man. Whoever sheds the blood of a man, by man shall his blood be shed, for in the image of G-d He made man" (Bereishis 9: 5-6).
b)[line 6]"[åÀ]àÇêÀ àÆú ãÌÄîÀëÆí ìÀðÇôÀùÑåÉúÅéëÆí àÆãÀøåÉùÑ...""[V']ACH ES DIMCHEM L'NAFSHOSEICHEM EDROSH..."- "However, your blood of your souls I will demand (if you take your own blood)..." (Bereishis 9:5) - The singular form of the word "Edrosh" (even though in the simple meaning of the verse this word refers to HaSh-m) is used by Rav Yehudah to teach that only a single judge is required for "Derishah," which is part of judgment, as is evident from Sanhedrin 32a.
21)[line 17]åùãé ìéäV'SHADI LEI- and it (the word ba'Adam) is learned together with (lit. thrown to) [the words at the end of the verse]
22)[line 19]ùäåà áâåôå ùì àãíSHE'HU V'GUFO SHEL ADAM- that is within the body of a person (i.e. the blood shed while carrying out the death penalty remains within his body)
23)[line 21]"ëÌÄé éÀãÇòÀúÌÄéå ìÀîÇòÇï àÂùÑÆø éÀöÇåÌÆä [àÆú áÌÈðÈéå åÀàÆú áÌÅéúåÉ àÇçÂøÈéå, åÀùÑÈîÀøåÌ ãÌÆøÆêÀ ä' ìÇòÂùÒåÉú öÀãÈ÷Èä åÌîÄùÑÀôÌÈè; ìÀîÇòÇï äÈáÄéà ä' òÇì àÇáÀøÈäÈí àÅú àÂùÑÆø ãÌÄáÌÆø òÈìÈéå]""KI YEDA'TIV LEMA'AN ASHER YETZAVEH [ES BANAV V'ES BEISO ACHARAV...]"- "For I love him, since he will command [his children and his household after him that they shall keep the way of HaSh-m, to do justice and charity; that HaSh-m may bring upon Avraham that which He has spoken of him]" (Bereishis 18:19) - The word "Beiso" refers to the female members of his household - RASHI.
24)[line 22]äåà îåúéá ìä, åäåà îôø÷ ìäHU MOSIV LAH, V'HU MEFAREK LAH- he asked the question and he himself answered it
25)[line 28]"òÇì ëÌÅï éÇòÂæÈá àÄéùÑ [àÆú àÈáÄéå åÀàÆú àÄîÌåÉ; åÀãÈáÇ÷ áÌÀàÄùÑÀúÌåÉ, åÀäÈéåÌ ìÀáÈùÒÈø àÆçÈã]""AL KEN YA'AZOV ISH [ES AVIV V'ES IMO; V'DAVAK B'ISHTO, V'HAYU L'VASAR ECHAD]"- "Therefore shall a man leave [his father and his mother; and shall cleave to his wife; and they shall become one flesh]" (Bereishis 2:24).
26)[line 30]äãø òøáéðäå ÷øàHADAR ARVINHU KERA- the [end of the] verse mixed them together again
27)[line 38]îâøò âøòMIGRA GARA?- (lit. Should it be less?) Should the fact that he is to be judged by the Jewish courts lessen the severity with which he is judged? (A Ben Noach is usually tried by one judge, with even one witness testifying against him and without the need for any warning prior to the crime. If these rules are to be changed when the Jewish courts judge him, we encounter a lessening in the severity with which he is judged.)
28)[line 40]ããééðéðï ìäå áãéðà ãéãïD'DAININAN LEHU B'DINA DIDAN- in which we judge him with our judgment, i.e. he is punished with the same punishment that a Jew receives for a Na'arah Me'orasa
29)[line 44]ùðëðñä ìçåôäNICHNESAH L'CHUPAH - she entered the bridal-canopy (NISU'IN: CHUPAH)
(a)The Mishnah and Gemara use the word "Chupah" in a number of places to refer to an act of Kinyan that creates Nisu'in (see Background to Kidushin 2:1:II:c). The source in the Torah for this Kinyan may be found in the verse regarding Hafaras Nedarim, "åÀàÄí áÌÅéú àÄéùÑÈäÌ ðÈãÈøÈä" v'Im Beis Ishah Nadarah" (Bamidbar 30:11), which describes the married woman as "in the house of her husband" (RAN to Kesuvos 1a in the pages of the Rif). According to the SIFRI (Korach #117, cited by RASHI to Kidushin 10b DH Zo she'Bi'asah), it is also hinted at in the verse "ëÌÈì èÈäåÉø áÀáÅéúÀêÈ éÉàëÇì àÉúåÉ" "Kol Tahor b'Veischa Yochal Oso" (Bamidbar 18:11), which means "Any member of the house [of a Kohen] who is Tahor may eat it (Terumah)." In Yoel 2:16 the verse refers to a Kalah who "exits her Chupah."
(b)The Gemara never describes clearly how the Kinyan of Chupah is done. The Rishonim, in fact, offer different explanations for what exactly is meant by "Chupah."
1.The RAN (ibid.) cites the view of the GE'ONIM that Chupah means that the Chasan secludes himself with the Kalah to the absolute exception of anyone else (Yichud). (See also RAMBAM Hilchos Ishus 10:1).
2.Another opinion states that Chupah means that the woman is brought into the husband's house "l'Shem Nisu'in," for the purpose of Nisu'in in a semi-private manner. (That is, they may still be visible by others who may watch them from the outside.) (RAMBAM ibid., according to the MAGID MISHNEH end of Ishus 10:6 and the BEIS ME'IR EH 55:1.) Similarly, the RAN (Kesuvos 1a) defines Chupah as "bringing the Kalah into the Chasan's house l'Shem Ishus" (but he does not seem to require any type of Yichud) and the TUR (EH 61) defines Chupah as Yichud (but he does not seem to require that the Kalah be brought into his house - see DERISHAH 61:1, PERISHAH 61:2).
3.Others explain that Chupah is a symbolic act which shows that the Chasan is designating the Kalah for himself and is about to bring her into his home permanently to be his wife. This act is an act of covering the Kalah ("Chofeh") in some way. For example, the TASHBETZ (Tashbetz Katan #461) and the REMA (EH 55:1) describe Chupah to be a cloth or curtain spread over the heads of the Chasan and Kalah (which is to what we refer today as Chupah). The ME'IRI (Kesuvos 7b) writes that the practice was to take a corner of the head covering of the Kalah and cover the Chasan's head with it. The YAM SHEL SHLOMO (Kesuvos 1:17) writes that they covered the Kalah's head with the Chasan's Talis. TOSFOS in Yoma (13b) writes that covering the Kalah's head with the veil ("Hinuma") is Chupah (at least for a Besulah). The BA'AL HA'ITUR (Birkas Chasanim, #2) writes that Chupah means bringing her into his house once he has decorated it in her honor, or into a pretty bridal canopy.
(c)In current practice, we attempt to fulfill most of these opinions of Chupah at weddings nowadays, as the BACH (EH 61) points out. The Chasan lowers the veil over and covers the Kalah's face (Badeken), which is the Chupah according to Tosfos. They stand underneath a canopy that is spread out over the two of them. The Chasan then brings the Kalah to the Yichud room, where they eat together in a private place (REMA EH 55:1). (See also Insights to Kesuvos 57:1 for a more detailed analysis of this subject.)