ONE WHO IS LIABLE TWO MISOS
(Mishnah): One who is Chayav two different Misos receives the more stringent one;
If one is liable two Misos for one transgression, he receives the more stringent one;
R. Yosi says, he receives the one that arose first (this will be explained).
(Gemara) Question: Surely, one who should receive a severe Misah should not benefit (get a lighter Misah) because he did another transgression!
Answer (Rava): The case is, he did a light transgression, he was sentenced for it, and then he did a severe transgression;
One might have thought that once he was sentenced, he is already considered dead, and we do not judge him for the latter transgression. The Mishnah teaches that this is not so?
Question (Rav Yosef bar Chama's brother): What is the source of this law?
Answer (Rabah bar Noson): "V'Holid Ben Paritz Shofech Dam... v'Es Eshes Re'ehu Timei v'El Gilulim Nasa Einav" - for murder he should be beheaded, for adultery he should be choked, for idolatry he should be stoned - "...Mos Yumas Damav Bo", he is stoned (the most severe one).
Objection (Rav Nachman bar Yitzchak): Perhaps all of these refer to Chayavei Skilah!
"V'Holid Ben Paritz Shofech Dam" refers to Ben Sorer u'Moreh, "v'Es Eshes Re'ehu Timei" refers to a Na'arah Me'orasah, and "v'El Gilulim..." is idolatry!
Question: If so, what does the verse teach?
Suggestion: Perhaps Yechezkeil merely reviews laws of the Torah!
Rejection: If so, he should have reviewed like Moshe did (Rashi - the entire Torah; Ramah - explicitly, and not mere hints).
(Rav Acha bar Chinena): "El he'Harim Lo Achal" refers to one whose own merits sufficed, and he did not need his fathers' merits;
"V'Einav Lo Nosa El Gilulei Beis Yisrael" - he did not walk with an upright posture;
"V'Es Eshes Re'ehu Lo Timei" - he did not infringe on another's profession;
"V'El Ishah Nidah Lo Kirev" - he did not receive from the Tzedakah box;
Raban Gamliel would cry when he reached the end of the verse "Tzadik Hu Chayo Yichyeh" - one who does all these will live, but not one who only does one of them!
R. Akiva: If so, will you say that "Al Titam'u b'Chol Aleh" - do not do all of these abominations, but you may do one of them?!
Rather, you may not do any one of them. Likewise, one who has any one of the above merits will live.
REBBI YOSI'S OPINION
(Mishnah): If one is liable two Misos for one transgression he (receives the more stringent one).
(Beraisa - R. Yosi): He receives the one which arose first. If his mother-in-law became a married woman (and he had Bi'ah with her), he is judged for (Bi'ah with) a mother-in-law (stoning);
If a married woman became his mother-in-law, he is judged for a married woman (choking).
Question (Rav Ada bar Ahavah): In the first case, why is he judged only for his mother-in-law? He should be judged for both!
(R. Avahu): R. Yosi admits that one is judged for both Isurim if the latter is Mosif (if something was forbidden, and it now becomes forbidden to more people or in more situations). (Before his mother- in-law married, she was permitted to men (except her relatives); when she marries, she becomes forbidden to all men, her relatives are also liable (if they have Bi'ah with her) for a married woman.
Answer (Rava): It suffices to kill him once!
A PERSISTENT TRANSGRESSOR
(Mishnah): If someone was lashed twice, Beis Din put him in Kipah (a cell) and feed him barley, until his stomach bursts.
(Gemara) Question: Just because he was lashed twice, we cause him to die?!
Answer (R. Yirmeyah): The Mishnah discusses someone lashed for Chayavei Kerisus. He is Chayav Misah (b'Yedei Shamayim (at the hands of Heaven));
Because he shows that he is not concerned for his life, we bring his death closer.
(R. Yakov): The Mishnah discusses one who repeatedly transgressed the same Kares. i/f he transgressed two or three different Kerisus, he merely wants to experience them, this does not show an utter lack of concern for his life.
(Mishnah): If someone was lashed twice...
Suggestion: We cause his death after only two transgressions. This is unlike R. Shimon ben Gamliel, who says that Chazakah is not established until three repetitions.
Rejection (Ravina): The Mishnah can be like R. Shimon. Transgressions are Machazik (establish his nature) that he will persist sinning and should be killed;
The first two times he is lashed. The third time he is put in a cell.
Question (Beraisa #1): If Reuven transgressed a Lav for which one is lashed, the first two times he is lashed. The third time we put him in Kipah;
Aba Sha'ul says, also the third time he is lashed. The fourth time we put him in Kipah;
Suggestion: All agree that Chazakah is established by lashes (Tosfos - continuing to sin after lashes; Rashi - lashes themselves);
Chachamim hold like Rebbi (two repetitions are Machazik), and Aba Sha'ul holds like R. Shimon ben Gamliel. (Tosfos - he is not Muchzak until the second or third transgression after lashes, i.e. the third or fourth transgression. Rashi - he is Muchzak after being lashed the second or third time, but we cannot give two punishments (lashes and Kipah) for one transgression, therefore Kipah is not until the third or fourth transgression)
Counter-question (Beraisa #2): If Reuven was warned (not to transgress a Lav of lashes) and was silent or nodded his head (showing that he is Mezid, but he cannot be lashed, for he did not consent to be lashed for his sin):
The first two times he is warned. The third time we put him in Kipah;
Aba Sha'ul says, the first three times he is warned, and the fourth time we put him in Kipah.
This shows that he becomes Muchzak without lashes!
Answer (Ravina): In both Beraisos, (both Tana'im agree that three repetitions are Machazik;) the argument is whether or not we must warn for Kipah;
Chachamim say, since he becomes a Rasha when he transgresses the third warning, this suffices to put him in Kipah;
Aba Sha'ul says, we cannot give Kipah until he transgresses a warning for Kipah, which we cannot give until he is a Rasha, i.e. he transgressed three warnings before this.
Question: What is Kipah?
Answer (Rav Yehudah): It is a cell the size of his height.
Question: Where does the Torah allude to it?
Answer (Reish Lakish): "Temoses Rasha Ra" (one's wickedness will kill him).
(Reish Lakish) Question: "Lo Yeda ha'Adam Es Ito ka'Dagim she'Ne'echazim bi'Mtzudah Ra'ah" - what is an evil trap?
Answer: It is a fish hook (it is small and weak. Fish do not realize that it will kill them.)
A MURDERER WHO GETS KIPAH
(Mishnah): If one murdered without witnesses, we put him in Kipah and feed him meager amounts of bread and water.
(Gemara) Question: How do we know that he murdered?
Answer #1 (Rav): There were two witnesses, but they did not see each other (therefore, we cannot give Misas Beis Din).
Answer #2 (Shmuel): There were two witnesses, but they did not warn him.
Answer #3 (Rav Chisda): The witnesses contradicted each other about Bedikos (details not essential to the testimony), but agreed about Chakiros (what is essential for the testimony);
(Mishnah): A case occurred in which Ben Zakai asked the witnesses about the types of figs on a tree (a Bedikah. They disagreed, and Beis Din did not execute the Nidon. Rather, they put him in Kipah.)
PEOPLE KILLED WITHOUT BEIS DIN
(Mishnah): We feed him meager amounts of bread and water.
Question: Why does our Mishnah say that we feed him meager amounts of bread and water? The previous Mishnah said that we feed him barley until his stomach bursts?
Answer (Rav Sheshes): First we feed him meager amounts of bread and water to make his stomach shrivel up, then we feed him barley until his stomach bursts.
(Mishnah): A zealot may kill someone doing any of the following:
One who steals ha'Kisvah (this will be explained), one who curses b'Kosem (in the name of idolatry), and one who has Bi'ah with a Nochris.
If a Kohen did Avodah when he was Tamei, the other Kohanim do not take him to Beis Din. Rather, the young Kohanim take him outside of the Azarah and break his head with pieces of wood.
R. Akiva says, if a Zar (non-Kohen) did Avodah in the Mikdash, he is choked;
Chachamim say, Beis Din does not kill him. He is Chayav Misah b'Yedei Shamayim (at the hands of Heaven).
(Gemara) Question: What is Kisvah?
Answer (Rav Yehudah): It is a Keli Shares - "v'Es Kesos ha'Nasech."
Question: Where does the Torah hint that one can be killed for stealing it?
Answer: It says "k'Vala Es ha'Kodesh va'Mesu."
(Mishnah): One who curses b'Kosem.
(Rav Yosef): He says 'Kosem should strike the One (Hash-m) who made it.'
(Rabanan): He says 'it should strike Ploni (a person), and his Master (Hash-m), and the One who bestows to him.'