(Mishnah): [A man] who has Bi'ah with [another] male, or with an animal, or a woman who brought an animal to [have Bi'ah with] herself [is stoned, and also the animal is stoned].

Question: If the person sinned, did the animal sin?! (Why is it killed?)

Answer #1: Because Takalah (a pitfall) came to a person through it, the Torah said that it is stoned.

Answer #2: It is lest people see the animal passing in the market and say "this is [the animal] due to which Ploni was stoned.''

(Gemara): Which Lav forbids [a man to have] Bi'ah with a male? "V'Es Zachar Lo Tishkav Mishkevei Ishah.''

What is the source for Kares? "Ki Kol Asher Ya'aseh mi'Kol ha'To'evos ha'Elu v'Nichresu...''

What is the source for punishment? "V'Ish Asher Yishkav Es Zachar Mishkevei To'evah Asu Sheneihem Mos Yumasu Demeihem Bam.'' You learn Demeihem Bam from Demeihem Bam [written about Ov and Yid'oni].

Question: Until here [for a Lav and Kares] we discussed the Shochev (who inserts his Ever). What is the source for the Nishkav (into whom the Ever is inserted)?

Answer #1: "V'Es Zachar Lo Sishkav Mishkevei Ishah'' - we read this "Lo Sishachev.'' This is like R. Akiva;

Answer #2: R. Yishmael learns from "Lo Yihyeh Kadesh mi'Bnei Yisrael.''

Question: What is the source for Kares for the Nishkav according to R. Yishmael?

Answer #1 (R. Yirmeyah citing R. Avahu): It says here Kadesh, and it says there "v'Gam Kadesh Hayah ba'Aretz [Asu k'Chol ha'To'evos].'' You learn Kadesh from Kadesh (it is as if To'evah is written also regarding Lo Yihyeh Kadesh), and Kadesh from To'evah (also the Nishkav did a To'evah);

(R. Chiya bar Ada citing R. Chaninah): We learn To'evah [of Mishkav Zachar] from To'evah ("Ki Kol Asher Ya'aseh mi'Kol ha'To'evos ha'Elu v'Nichresu'', i.e. Kares).

Answer #2 (R. Yosi bei R. Bun - Beraisa): "To'evah Asu Sheneihem'' - both of them are stoned, both of them transgress a Lav, both of them get Kares. (HAGAHOS R. DINAR)

Which Lav forbids bestiality? "Uv'Chol Behemah Lo Siten Shechavtecha Letam'ah Bah.''

What is the source for Kares? "Ki Kol Asher Ya'aseh mi'Kol ha'To'evos ha'Elu v'Nichresu...''

What is the source for punishment? "V'Ish Asher Yiten Shechavto bi'Vhemah Mos Yumas.'' You learn Demeihem Bam [written about a woman who transgresses bestiality] from Demeihem Bam [of Ov and Yid'oni, who are stoned. Regarding bestiality, we learn a man from a woman from Harigah-Harigah.]

Until here is like R. Akiva. According to R. Yishmael [what is the source]? R. Yishmael learns from the [same] place [that we learn from the Nishkav of Mishkav Zachar - "Kadesh Hayah ba'Aretz Asu k'Chol ha'To'evos]'' and R. Akiva learns from the place (the verse of bestiality - we read Lo Siten Shechavtecha like Shechivasech).

Implied question: According to R. Yishmael, we do not find Kares for the Nishkav. Both according to R. Yishmael and R. Akiva, we do not find punishment for the Nishkav!

Answer: It says "Zove'ach la'Elohim Yacharam'' - just like this (idolatry) has Skilah and Kares, also this (bestiality, which is written before it) has Skilah and Kares.

Question: What is the difference [between these Drashos]?

Answer: They argue about one who was Shochev with a male and Nishkav from him. According to R. Yishmael he is liable twice (for these are learned from two verses), and according to R. Akiva he is liable only once (both are learned from one verse).

If one was Shochev with an animal and Nishkav from it, both according to R. Yishmael and according to R. Akiva he is liable twice (we learn from two verses).

If one was Shochev with a male and with an animal, [all agree that] he is liable twice. If one was Nishchav with a male and with an animal, he is liable twice.

If one was Shochev with two males at once (in one Helam), he is liable twice. Since two are liable through him, he is liable twice.

(Beraisa): Regarding [Bi'ah with] a male, we do not consider a Katan like an adult. Regarding an animal, we consider a Katan like an adult.

(R. Lazar): [One who is Shochev with a Katan] is not liable unless [the Nishkav] is [at least] three years and one day old. (I.e. the Beraisa discusses a Katan less than three, just like for a girl it is considered Bi'ah only if she is above three).

Question (R. Bun bar Chiyah, to R. Zeira): Why did R. Yishmael and R. Akiva argue about a male and an animal, but they did not argue about all other Arayos?

Answer (R. Zeira): Regarding all Arayos it is written She'er Basar. ("Lo Sikrevu'' equates the Nishkeves to the Shochev.) Here it is not written She'er Basar.

Question: Regarding Nidah it is not written She'er Basar, and they do not argue about this (even though there is no special Drashah to include the Nishkeves!)

Answer #1 (R. Yirmeyah citing R. Avahu): Since an expression of Kirvah is written [regarding Nidah, just like regarding She'er Basar], it is as if [the plural "Lo Sikrevu''] was written in both places (KORBAN HA'EDAH).

Answer #2 (R. Chiyah bar Ada citing R. Chaninah): It says "v'El Ishah b'Nidas Tum'asah Lo Sikrav Legalos Ervasah.''

Explanation (R. Yosi bei R. Bun): He is commanded Lo Sikrav, and she is commanded Lo Segaleh (do not reveal. We explained Answer #2 like HAGAHOS R. DINAR. Perhaps the text should say "Hu Bal Tikrav.'')

Which Lav forbids a woman to bring an animal to [have Bi'ah with] herself? "V'Ishah Lo Sa'amod Lifnei Vehemah Leriv'ah Tevel Hi.''

What is the source for Kares? "Ki Kol Asher Ya'aseh mi'Kol ha'To'evos ha'Elu v'Nichresu.''

What is the source for punishment? "V'Ishah Asher Tikrav Lifnei Vehemah Leriv'ah Osah v'Haragta Es ha'Ishah v'Es ha'Behemah Mos Yumasu Demeihem Bam'';

You learn Harigah from Harigah, Skilah from Skilah, Demeihem Bam from Demeihem Bam. (We learn that a man is stoned for bestiality just like a woman from Harigah-Harigah. We know that she is stoned from Demeihem Bam-Demeihem Bam from Ov and Yid'oni, like we said above (35b).)

Question #1 (R. Ba bar Mamal): (Our Mishnah says that the animal is killed because Takalah came to a person.) Exert yourself [to answer this]! If he had Bi'ah with it b'Shogeg, will you say that it is killed due to him, and he is exempt?!

Question #2 (R. Shimon): Exert yourself! If one plowed on Shabbos [with an animal], he is stoned, and it is exempt (even though Takalah came through it)!

Answer: We must say like R. Shmuel bar Rav Yitzchak - "Kaspam v'Zahavam Asu Lahem Atzavim'' - it does not say Lema'an Yichresun, rather, Lema'an Yikares, like a man who says "the bones of Ploni should be grated, for he caused our son to to something evil.'' (We kill only one who intended to make another sin. It is a Gezeiras ha'Kasuv to kill the animal. We explained the questions and answer like HAGAHOS R. DINAR.)