1)

LIABILITY FOR MESIS

(a)

(Mishnah): Mesis (who is stoned) is a commoner, and one who entices a commoner (to serve idolatry). E.g., he says 'there is an idol in Ploni (a place). It eats and drinks such and such, it rewards and punishes such and such':

(b)

This is the only capital transgression in which witnesses hide in order to trap someone:

1.

If Reuven (tries to) entice two men, they are witnesses. They testify in Beis Din to stone him;

2.

If he entices just Shimon, Shimon should say 'I have friends who would be interested. Tell them also'!

i.

If Reuven (understands that Shimon seeks to get witnesses against him and) refuses, Shimon should (in Reuven's absence) tell two witnesses to hide in back of a fence; on the other side, he asks Reuven to repeat what he said before.

ii.

After Reuven repeats it, Shimon asks 'how can we abandon Hash-m, and serve wood and stones?!' If Reuven retracts, he is exempt.

iii.

If Reuven persists 'it is our duty. It is good for us', the witnesses bring him to Beis Din and stone him.

(c)

One who says any of the following is liable;

1.

'I will serve (idolatry)', 'I will go and serve', or 'let us go serve';

2.

'I will slaughter (or be Maktir or Menasech or bow to idolatry)', 'I will go and slaughter (or...)', or 'let us go slaughter.'

(d)

(Gemara) Inference #1: Mesis (who is stoned) is a commoner who entices, but a Navi who entices is choked.

(e)

Inference #2: One who entices an individual is stoned, but one who entices a multitude is choked.

(f)

Question: Who is the Tana of the Mishnah?

(g)

Answer: It is R. Shimon.

1.

(Beraisa): If a Navi enticed, he is stoned;

2.

R. Shimon says, he is choked.

3.

Enticers of an Ir ha'Nidachas (a city destroyed because its majority served idolatry) are stoned;

4.

R. Shimon says, they are choked.

(h)

Question (Seifa (the next Mishnah, which also discusses those who are stoned)): Medi'ach is one who says 'let us go serve idolatry';

1.

(Rav Yehudah): This refers to Medichi Ir ha'Nidachas.

2.

This is like Chachamim.

3.

Is the Reisha (our Mishnah) like R. Shimon, and the Seifa is like Chachamim?!

(i)

Answer: (Both inferences were wrong. Also the Reisha is like Chachamim.)

1.

Version #1 - Rashi - part 1 of answer (Ravina): (Inference #2 was wrong.) Not only one who entices an individual is stoned, rather, even one who entices a multitude.

2.

Part 2 of answer (Rav Papa): (Inference #1 was wrong.) 'Mesis is a commoner' does not exclude a Navi. Rather, it means that (he is a fool. He need not be warned, rather,) witnesses hide in order to trap him.

3.

Version #2 - Tosfos - Answer #1 (Ravina): Latter clauses of the Mishnah teach bigger Chidushim than the first.

i.

(Inference #2 was wrong): Not only one who entices an individual is stoned, rather, even one who entices a multitude;

ii.

(Inference #1 was wrong): (Any)one who entices a commoner (even a Navi) is stoned, and not only a commoner who entices.

4.

Answer #2 (regarding Inference #1 - Rav Papa): 'Mesis is a commoner' does not exclude a Navi. Rather, it means that witnesses hide in order to trap him (end of Version #2).

i.

(Beraisa): This is the only capital transgression in which witnesses hide in order to trap someone. We light a candle in an inner room, and witnesses are in the outer room. They can see and hear the Mesis, but he cannot see them.

ii.

Shimon asks Reuven to repeat what he said before. After Reuven repeats it, Shimon asks 'how can we abandon Hash-m, and serve idolatry?!' If Reuven retracts, he is exempt.

iii.

If Reuven persists 'it is our duty. It is good for us', the witnesses bring him to Beis Din and stone him.

2)

THE PUNISHMENT FOR KISHUF

(a)

(Mishnah): Medi'ach is one who says 'let us go serve idolatry.'

(b)

If a Mechashef does an act of Kishuf (witchcraft), he is liable. If he merely tricks people through slight-of- hand, he is exempt.

(c)

R. Akiva says in R. Yehoshua's name, it is possible that two people gather gourds, and one is liable, but the other is exempt:

1.

The one who does an act is liable. The one who does slight-of-hand is exempt.

(d)

(Gemara - Rav Yehudah) The Mishnah discusses Medi'ach of an Ir ha'Nidachas.

(e)

(Mishnah): Mechashef is one who does an act.

(f)

(Beraisa): "Mechashefah" - a man or woman is liable for Kishuf;

1.

The Torah discusses a female, because most witches are women.

(g)

Question: Which Misah do they receive?

(h)

Answer #1 (R. Yosi ha'Galili): It says here "Mechashefah Lo Sechayeh", similar to "Lo Sechayeh Kol Neshamah" (when conquering Eretz Yisrael);

1.

Just like there we kill by the sword (like we find in the wars against Sichon and Og), also here.

(i)

Answer #2 (R. Akiva): It says here "Mechashefah Lo Sechayeh", similar to "Im Behemah Im Ish Lo Yichyeh" (if they ascend Har Sinai);

1.

Just like there (it explicitly says that) we stone, also here.

2.

R. Yosi (ha'Galili): My verse ("Lo Sechayeh Kol Neshamah") says "Lo Sechayeh", just like it says regarding Mechashefah. You learned from "Im Behemah...", in which it says "Lo Yichyeh"!

3.

R. Akiva: It is better to learn from my verse ("... Im Ish..."), which refers to killing Yisraelim, for whom there are four Misos Beis Din. Your verse discusses Nochrim, who are always killed by the sword!

67b----------------------------------------67b

(j)

Answer #3 (Ben Azai): After "Mechashefah Lo Sechayeh" it says "Kol Shochev Im Behemah Mos Yumas." Just like bestiality is punishable by stoning, also Kishuf.

(k)

Objection (R. Yehudah): Is the adjacency of the verses sufficient reason to stone a Mechashef?!

(l)

Answer #4 (R. Yehudah): Ov and Yid'oni are types of Kishuf. The Torah explicitly taught that they are stoned to teach that every Mechashef is stoned.

(m)

Question: We should say that Ov and Yid'oni are two verses that teach the same thing, so we do not learn from them to other places!

(n)

Answer (R. Zecharyah): We learn from here that R. Yehudah holds that when two verses teach the same thing, we do learn from them to other places.

3)

KISHUF AND ACTIONS OF SHEDIM

(a)

(R. Yochanan) Witchcraft is called Keshafim, an acronym for MaCHchiSHim FaMalya (Shel Ma'alah, it contradicts (nullifies decrees of) the Heavenly Court, e.g. that a certain person should live).

(b)

(R. Chanina ): "Ein Od Milvado (there is nothing other than Hash-m)" - even witchcraft (has no power).

(c)

A woman was trying to weigh the dirt under R. Chanina's feet (for the sake of Kishuf). He was not concerned.

(d)

Question: R. Yochanan taught that it contradicts the Heavenly Court!

(e)

Answer: R. Chanina was different. Because his merit was so great, it could not affect him.

(f)

(R. Eibo bar Nigri): Wherever it says b'Lateihem', this refers to actions done through Shedim. 'B'Lahateihem' refers to Kishuf - "v'Es Lahat Cherev ha'Mis'hapeches"(it moved by itself, without Shedim).

(g)

(Abaye): If the Mechashef is particular about the Keli he uses, he acts through Shedim;

1.

If he is not particular about the Keli, he does Kishuf.

(h)

(Abaye): The laws of Kishuf resemble the laws of Shabbos. Some actions are punished by stoning, some are forbidden but one is exempt, and others are permitted:

1.

One who does an act is stoned. Slight-of-hand is forbidden, but one is exempt;

2.

One may do like R. Chanina and R. Oshiya;

i.

Every Erev Shabbos they would use Sefer Yetzirah to create a calf, and eat it.

(i)

(Rav Ashi): I saw Karna's father (a Mechashef) blow his nose. Silk came out.

(j)

(R. Elazar): "Va'Yomru ha'Chartumim (about the plague of lice)... Etzba Elokim Hi" - Paro's Mechashfim recognized that it was not done through Shedim, because Shedim cannot create anything smaller than a barley seed.

(k)

(Rav Papa): They cannot create anything at all!

1.

Rather, they can gather things bigger than a barley seed, but not what is smaller.

(l)

Rav: I saw an Arab merchant cut up a camel. He banged on a bell, and it got up!

(m)

R. Chiya: You did not see blood afterwards. It was only slight-of-hand.

(n)

Ze'iri went to Alexandria of Mitzrayim. He bought (what he thought was) a donkey. When he gave it to drink, the Kishuf ceased, and it reverted to a piece of wood. He requested a refund.

1.

The sellers: We will refund your money (due to your stature). We would not do so for others. In this city, a buyer should know to test the merchandise with water, lest it is made through Kishuf.

(o)

Yanai (a Mechashef) went to an inn. He asked for water, and they gave to him Shesisah (water with flour). He saw that the lips of the woman who served him were moving. (He suspected that she was doing Kishuf.) He spilled some on the floor, and it became scorpions.

1.

Yanai: Likewise, I will give to you to drink! She drank, and turned into a donkey. He rode on her in the market, until one of her friends saw this and negated his Kishuf, and she reverted to a woman.

(p)

(R. Elazar): "Va'Ta'al ha'Tzefarde'a (singular) va'Tchas Es Eretz Mitzrayim" - one frog came up, and it gave birth to hordes of frogs that covered Mitzrayim.

(q)

This is like R. Akiva.

1.

(Beraisa - R. Akiva): One frog came up, it (gave birth to hordes of frogs that) covered Mitzrayim;

2.

R. Eliezer ben Azaryah: Apply yourself to (the very difficult) laws of Tzara'as and Tum'as Ohel, but not to Agada!

i.

Rather, one frog came up, and it called to all the frogs in the world. They came and covered Mitzrayim.

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