[81a - 50 lines; 81b - 40 lines]
1a)[line 4]כך כתיב בתורה?KACH KESIV BA'TORAH?- Is this what is written in the Torah (RASHI)
b)[line 4]אלא אומר לו, "אבא, מקרא כתוב בתורה כך"ELA OMER LO, "ABA, MIKRA KASUV BA'TORAH KACH"- (a) Rather, he should say to him, "Father, the verses of the Torah state such-and-such" (without actively admonishing his father or his father's actions. The father will hear the verses and realize that he has made a mistake and correct himself.) (RASHI); (b) Rather he should say to him, "Does it not say in the Torah such-and-such?" as if he is asking and not as if he is admonishing or warning his father, in order that the father should understand on his own (RAMBAM Hilchos Mamrim 6:11 and SHULCHAN ARUCH Yoreh De'ah 240:11)
2)[line 9]נידון בזיקה הראשונה שבאה עליוNIDON BA'ZIKAH HA'RISHONAH SHE'BA'AH ALAV- he is sentenced to the [punishment for the] first obligation that came upon him (which he transgressed)
3)[line 10]איתגורי איתגור?!ISGUREI ISGUR?!- Should he receive a reward [of a more lenient punishment for having transgressed two sins]?!
4)[line 14]האי גברא קטילא הואHAI GAVRA KETILA HU- he is considered a dead man [who cannot be subject to other punishments]
5)[line 18]"וְהוֹלִיד בֵּן פָּרִיץ שׁוֹפֵךְ דָּם; [וְעָשָׂה אָח מֵאַחַד מֵאֵלֶּה. וְהוּא אֶת כָּל אֵלֶּה לֹא עָשָׂה; כִּי גַם] אֶל הֶהָרִים אָכַל, וְאֶת אֵשֶׁת רֵעֵהוּ טִמֵּא. [עָנִי וְאֶבְיוֹן הוֹנָה, גְּזֵלוֹת גָּזָל, חֲבֹל לֹא יָשִׁיב;] וְאֶל הַגִּלּוּלִים נָשָׂא עֵינָיו, [תּוֹעֵבָה עָשָׂה. בַּנֶּשֶׁךְ נָתַן וְתַרְבִּית לָקַח, וָחָי; לֹא יִחְיֶה, אֵת כָּל הַתּוֹעֵבוֹת הָאֵלֶּה עָשָׂה,] מוֹת יוּמָת דָּמָיו בּוֹ יִהְיֶה""V'HOLID BEN PARITZ SHOFECH DAM; [V'ASAH ACH ME'ACHAD ME'ELEH. V'HU ES KOL ELEH LO ASAH; KI GAM] EL HE'HARIM ACHAL, V'ES ESHES RE'EHU TIMEI. [ANI V'EVYON HONAH, GEZEILOS GAZAL, CHAVOL LO YASHIV;] V'EL HA'GILULIM NASA ENAV, [TO'EVAH ASAH. BA'NESHECH NASAN V'SARBIS LAKACH, VA'CHAI? LO YICHYEH, ES KOL HA'TO'EVOS HA'ELAH ASAH,] MOS YUMAS, DAMAV BO YIHYEH"- "If he has fathered a violent son, a shedder of blood, [who has done the like of any one of these things to his brother. He has not done any of these (good deeds mentioned in verses 6-9); rather, he has even] eaten [of idolatrous sacrifices] on the mountains, and has defiled his neighbor's wife. [He has oppressed the poor and needy, has committed robbery, has not returned collateral;] and has raised his eyes to the idols, [has committed abominations. He has given out money for interest, and has taken increase; shall he then live? He shall not live, he has done all these abominations,] he shall surely die, his blood shall be upon him" (Yechezkel 18:10-13).
6)[line 29]דילמא תורה קא מהדר?DILMA TORAH KA MEHADER?- Perhaps he is repeating the [entire] Torah?
7)[line 32]"אֶל הֶהָרִים לֹא אָכָל, וְעֵינָיו לֹא נָשָׂא אֶל גִּלּוּלֵי בֵּית יִשְׂרָאֵל; וְאֶת אֵשֶׁת רֵעֵהוּ לֹא טִמֵּא וְאֶל אִשָּׁה נִדָּה לֹא יִקְרָב""EL HE'HARIM LO ACHAL, V'EINAV LO NASA EL GILULEI BEIS YISRAEL; V'ES ESHES RE'EHU LO TIMEI, V'EL ISHAH NIDAH LO (KIREV) [YIKRAV]"- "He did not eat [of idolatrous sacrifices] on the mountains, and did not raise his eyes to the idols of the house of Yisrael; neither did he defile his neighbor's wife nor come near to a menstruous woman" (Yechezkel 18:6).
8)[line 34]שלא הלך בקומה זקופהSHE'LO HALACH B'KOMAH ZEKUFAH- he did not walk with upright stature (haughtily)
9)[line 35]שלא ירד לאומנות חבירוSHE'LO YARAD L'UMNUS CHAVEIRO- he did not encroach on his fellow's livelihood
10)[line 37]"צַדִּיק הוּא, חָיֹה יִחְיֶה""TZADIK HU, CHAYOH YICHYEH"- "he is righteous; he shall surely live" (Yechezkel 18:9).
11)[line 41]"אַל תִּטַּמְּאוּ בְּכָל אֵלֶּה...""AL TITAME'U B'CHOL ELEH..."- "Do not defile yourselves with all of these [abominations]..." (Vayikra 18:24).
12)[last line]מודה רבי יוסי באיסור מוסיףMODEH REBBI YOSI B'ISUR MOSIF (ISUR CHAL AL ISUR / EIN ISUR CHAL AL ISUR: ISUR MOSIF)
(a)An object that is already prohibited by one Isur Torah cannot become prohibited by a second one (Ein Isur Chal Al Isur). However, there are a number of possible exceptions to this principle (when we rule Isur Chal Al Isur) that are debated by the Tana'im (Chulin 101a):
1.Isur b'Vas Achas - Two Isurim may take effect at the same instant to prohibit the same object.
2.Isur Kollel - The second Isur may take effect if it includes objects that the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of Neveilos, but Kosher foods as well).
3.Isur Mosif - The second Isur may take effect if it adds a new dimension of Isur to the first (e.g. it prohibits the object to people who were not included in the first Isur, or it makes the object Asur b'Hana'ah and not just Asur to be eaten. Our Sugya mentions a person who marries the daughter of a widow. The widow is prohibited to him since she is his Chamos (mother-in-law). If she then gets married, she is now prohibited to the rest of the world because of the Isur of Eshes Ish (a married woman). As a result of Isur Mosif, the prohibition of Eshes Ish also applies to the son-in-law).
4.Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take effect on an object that is already prohibited by a less stringent Isur (e.g. the prohibition of Gid ha'Nasheh is more stringent than the prohibition of non-Kosher animals, since it applied to Benei Yakov when they were still permitted to eat non-Kosher animals).
(b)According to Rebbi Shimon, an object that is already prohibited can never become prohibited by another Isur, even if the second Isur is Kolel, Mosif or Chamur.
13)[line 44]נידון בזיקה ראשונה הבאה עליוNIDON B'ZIKAH HA'RISHONAH HA'BA'AH ALAV- he is sentenced to the [punishment for the] first obligation that came upon him (which he transgressed)
14)[line 1]בתרי קטלי קטלת ליה?BI'TREI KATLEI KATLAS LEI?- would you kill him with two death penalties? (The discussion of Isur Chal al Isur (see above, entry #12) is more relevant to a case of Shogeg, in regards to how many Korbanos Chatas must be offered-RASHI.)
15)[line 2]מי שלקה ושנהMI SHE'LAKAH V'SHANAH- a person who received lashes two times for the same sin for which there is a Chiyuv Kares [and then committed the same sin a third time]
16)[line 3]לכיפהKIPAH- a detention facility (lit. [a structure in the shape of] a dome) that is only as high as the sinner, where he is fed barley and water, which causes his death when his stomach splits (see Insights to Sanhedrin 79:2)
17)[line 3]ומאכילין אותו שעוריןU'MA'ACHILIN OSO SE'ORIN- and they feed him barley [after first sustaining him with a minimum amount of bread and water so that his stomach will shrink]
18)[line 3]עד שכריסו מתבקעתAD SHE'KEREISO MISBAKA'AS- until his stomach splits
19)[line 6]במלקיות של כריתותMALKUYOS SHEL KERISOS- lashes that are administered for crimes, the punishment for which is Kares, but this person was only warned that he will receive lashes
20a)[line 7]דגברא בר קטלא הואGAVRA BAR KETALA HU- he is a person who is worthy of the death penalty [of Kares]
b)[line 7]וקרובי הוא דלא מיקרב קטליהU'KERUVEI HU D'LO MIKRAV KETALEI- but his death is not at hand (since the Kares penalty is solely in the hands of HaSh-m to decide when it will be administered)
21)[line 8]וכיון דקא מוותר לה נפשיהKEIVAN D'KA MEVATER LAH NAFSHEI- since he forgoes his own life
22)[line 11]ולא מוותר כולי האיV'LO MEVATER KULEI HAI- and he does not forgo his life as much [as the one who repeats the same sin over and over]
23)[line 13]הא אמר עד תלת זימני לא הויא חזקהHA AMAR AD TELAS ZIMNEI LO HAVYA CHAZAKAH - [it cannot follow the opinion of Raban Shimon ben Gamliel,] since he is of the opinion that a Chazakah is established after three times
Rebbi is of the opinion that after an event occurs two times, we can presume that it will happen again under the same conditions until there is evidence of a change. Raban Shimon Ben Gamliel argues and maintains that we make this presumption only after the event occurs three times.
24)[line 14]עבירות מחזיקותAVEIROS MACHZIKOS- transgressing negative commandments can create a Chazakah (a legal presumption based upon the performance of a certain act three times; we do not have to wait until he is punished with Malkos three times to establish the Chazakah)
25)[line 17]ובפלוגתא דרבי ורבן שמעון בן גמליאלPELUGSA D'REBBI V'RABAN SHIMON BEN GAMLIEL- (source: Yevamos 64a-b, Kesuvos 43b)
26a)[line 19]התרו בו, ושתקHISRU VO, V'SHASAK (HASRA'AH: MATIR ATZMO L'MALKUS)
(a)If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The witnesses to the sin or others in the presence of the witnesses administer the warning. The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty (or with lashes) for doing it," or something to that effect. The warning must specifically name the Lav or Av Melachah that the person is about to transgress.
(b)In addition, in order to be punished, the sinner must state explicitly that he accepts upon himself the possibility that he will be punished if he sins. For example, if the sinner is warned that he will receive the death penalty, he must state, "Al Menas Ken Ani Oseh" - "I am transgressing with the intention that I be killed for my sin." If he merely remains silent, nods his head or even states, "I know," he is not punished with death or Malkus mid'Oraisa (RAMBAM Hilchos Sanhedrin 12:2). The Rambam writes (ibid. 18:5) that in these cases, he is, however, lashed with Malkus mid'Rabanan.
b)[line 19]התרו בו, והרכין ראשוHISRU VO, V'HIRKIN ROSHO- they warned him and he nodded his head
27)[line 22]בכיפה צריכה התראה קמיפלגיKIPAH TZERICHAH HASRA'AH KA'MIFLIGEI- they argue as to whether a warning is necessary for a person to be put into Kipah
28)[line 23]"תְּמוֹתֵת רָשָׁע רָעָה""TEMOSES RASHA RA'AH"- "Evil shall slay the wicked" (Tehilim 34:22).
29)[line 24]"כִּי גַּם לֹא יֵדַע הָאָדָם אֶת עִתּוֹ, כַּדָּגִים שֶׁנֶּאֱחָזִים בִּמְצוֹדָה רָעָה...""KI GAM LO YEDA HA'ADAM ES ITO, KA'DAGIM SHE'NE'ECHAZIM BI'METZODAH RA'AH..."- "For man also does not know his time, like the fishes that are caught in an evil trap..." (Koheles 9:12).
30)[line 25]חַכָּהCHAKAH- (O.F. aim) a fish hook (it is an evil trap because the fish is in pain while it is on the hook. Similarly, Kipah, which causes death in a more drawn-out fashion, is a painful punishment when compared to Misas Beis Din.)
31)[line 26]לחם צר ומים לחץLECHEM TZAR U'MAYIM LACHATZ- sparse bread and scant water (based upon Yeshayah 30:20)
32)[line 27]בעדות מיוחדתEDUS MEYUCHEDES- "singular testimony," where the two witnesses see the act from different vantage points and do not see each other
33)[line 28]כגון דאיתכחוש בבדיקות ולא איתכחוש בחקירותKEGON D'ISKACHUSH BA'BEDIKOS V'LO ISKACHUSH BA'CHAKIROS (DERISHAH V'CHAKIRAH)
(a)When witnesses testify in Beis Din about a specific event in order to convict the perpetrator, the judges interrogate each witness separately to determine whether their testimony is reliable.
(b)Chazal learn from the verses of the Torah (Devarim 13:15, 17:4, 19:18) that two types of questions are employed to ascertain the truth of their testimonies: Chakiros and Derishos. Derishos are known in the Mishnah as Bedikos. There is no limit to the amount and type of Bedikos that are used. Chakiros, however, are limited to seven specific questions (Sanhedrin 32a).
(c)The Torah requires that the following seven Chakiros be asked (even though the answers to some of the more specific questions already answer the more general ones). These Chakiros, which are meant to ascertain the time and place of the event, are:
1.During which seven-year Shemitah cycle of the Yovel did the event occur?
2.During which year of the Shemitah?
3.During which month?
4.On which day of the month?
5.On which day of the week?
6.During which hour of the day?
7.Where did the event take place?
(d)If a witness cannot answer even one of the Chakiros, his testimony is invalid. The reason for this is that when the witness makes it impossible to testify against him that he was not in the place in question at the time in question, we suspect that he is lying (RASHI to Pesachim 12a, and to Bava Kama 75b DH Aval Hacha).
(e)If one or both of the witnesses cannot answer the Bedikos, their testimony is not invalidated. If, however, the witnesses contradict each other in the Bedikos, their testimony is invalid (Sanhedrin 41a, see KESEF MISHNEH to Hilchos Edus 2:1-2). (The above follows the interpretation of RASHI and most of the Rishonim. The RAMBAM (Hilchos Edus 1:4-6, 2:1-2), however, refers to Chakiros other than the seven mentioned above, which he seems to term "Derishos." Accordingly, they follow the same guidelines as Chakiros, and if a witness cannot answer them, his testimony is invalid.)
(f)According to Rav Chisda in the name of Avimei, our Mishnah teaches that when a murderer cannot be convicted only because the witnesses contradicted each other in the Bedikos, the murderer is not let free; rather, he is led into the Kipah.
34)[line 29]מעשה ובדק בן זכאי בעוקצי תאניםMA'ASEH U'VADAK BEN ZAKAI B'UKTZEI TE'ENIM- there was a case where the judge Ben Zakai asked the witnesses about the fig tree under which a murder took place. He questioned whether the figs were light or dark-colored, whether their stems were thick or thin, etc.
35)[line 32]עד שיוקטן מעיינוAD SHE'YUKTAN MA'AYANO- until his bowels shrink
36)[line 33]הגונב את הקסוהHA'GONEV ES HA'KISVAH- one who steals a utensil that is used in the Beis ha'Mikdash for the Divine Service
37)[line 33]והמקלל בקוסםHA'MEKALEL B'KOSEM- one who uses a spell or incantation to curse HaSh-m or to curse his fellow man
38)[line 34]ארמיתARAMIS- a Nochris
39)[line 34]קנאין פוגעין בוKANA'IN POG'IN BO- the extremely zealous who avenge the honor of HaSh-m may kill the offender
40)[line 34]כהן ששמש בטומאהKOHEN SHE'SHIMESH B'TUM'AH- a Kohen who willingly performs the Divine Service while he is Tamei
41)[line 35]פרחי כהונהPIRCHEI KEHUNAH- young Kohanim
42)[line 35]ומפציעין את מוחו בגזיריןMAFTZI'IN ES MOCHO BI'GEZEIRIN- they smash his head with wooden staves (O.F. esteles)
43)[line 36]זר ששמש במקדשZAR SHE'SHIMESH BA'MIKDASH- a non-Kohen who performed the Divine Service in the environs of the Beis ha'Mikdash
44)[line 37]כלי שרתKELI SHARES- a utensil used in the Divine Service
45)[line 37]"וְאֵת קְשׂוֹת הַנָּסֶךְ""V'ES KESOS HA'NASECH"- "and the shelving tubes" (Bamidbar 4:7).
46)[line 38]"וְלֹא יָבֹאוּ לִרְאוֹת כְּבַלַּע אֶת הַקֹּדֶשׁ, וָמֵתוּ""V'LO YAVO'U LIR'OS K'VALA ES HA'KODESH, VA'MESU"- "And they (the Leviyim) will then not come and see the holy articles as they are being packed, and they will not die" (Bamidbar 4:20) - The words that describes the holy articles being packed, "k'Vala Es ha'Kodesh," literally mean "when they were hidden" or "swallowed up;" as such, this verse hints at one who steals the holy articles.
47a)[last line]ולקונוKONO- his Maker
b)[last line]ולמקנוMAKNO- the One Who distributes His goodness to His creations