SHEVUOS 39 (19 Teves) - Dedicated in memory of Hagaon Rav Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad Yisrael (on Rambam) and many other Sefarim. Dedicated by his granddaughter and her husband, Mr. and Mrs. Avi and Lily Berger.

[39a - 51 lines; 39b - 54 lines]

1)[line 1]נזדעזעהNIZDA'AZE'AH- trembled

2)[line 3]ונקהV'NAKEH- and it will be cleansed, forgiven

3)[line 9]"אָלֹה וְכַחֵשׁ [וְרָצֹחַ וְגָנֹב וְנָאֹף פָּרָצוּ וְדָמִים בְּדָמִים נָגָעוּ]""ALO V'CHACHESH [V'RAZTO'ACH V'GANOV V'NA'OF PARATZU V'DAMIM B'DAMIM NAGA'U]"- "Swearing, lying, [murdering, robbing, and adultery, they have breached, and blood reaches (more) blood]" (Hoshea 4:2).

4)[line 15]הגונב דעת הבריותHA'GONEV DA'AS HA'BERIYOS- one who deceives the mind of people [and says that he does not have the money, and he makes others swear]

5)[line 17]שאין אש ומים מכלין אותןSHE'EIN EISH U'MAYIM MECHALIN OSAN- that fire and water do not wear them away

6)[line 21]על דעת המקוםAL DA'AS HA'MAKOM- [Beis Din tells a person who swears: You do not swear according to your own intention, but rather] according to the intention of HaSh-m.

7)[line 28]בלשונה נאמרהBI'LESHONAH NE'EMRAH- it may be said in any language

8)[line 29]פרשת סוטהPARSHAS SOTAH

(a)A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Stirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (c), below).

(b)The husband must bring his wife to the Beis ha'Mikdash, along with a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. The Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.

(c)An earthenware jug is then filled with half a Log of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of Hash-m's name) is written on parchment and then immersed in the water, which causes the ink to dissolve, erasing the Holy Names. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and allowed herself to become defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she remained unharmed and would be blessed that she would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, she must be divorced and does not receive her Kesuvah.

9)[line 29]וידוי מעשרVIDUY MA'ASER

(a)The Torah requires that at two times during the seven-year Shemitah cycle the owner of a field must recite Viduy Ma'aser (Devarim 26:12-13).

(b)In the afternoon of Erev Pesach in the fourth and seventh years, the owner first performs Bi'ur, giving all remaining Terumah and Terumas Ma'aser to Kohanim, Ma'aser Rishon to Leviyim, and Ma'aser Ani to the poor. All remaining Ma'aser Sheni, Kerem Rava'i, Pidyonos of Ma'aser Sheni and Kerem Rava'i (coins on which Ma'aser Sheni and Kerem Rava'i were redeemed), and Bikurim must be destroyed wherever they are.

(c)He then says Viduy Ma'aser, declaring that he has set aside all of the required tithes and gifts, and that he kept all the Mitzvos with regard to them. The declaration is found in Devarim 26:13-15, and may be recited in any language that the owner understands. According to the MISHNAH (Ma'aser Sheni 5:6), RASHI (Sanhedrin 11b) and TOSFOS (Rosh Hashanah 4a DH u'Ma'asros), this declaration is stated in the afternoon of Erev Pesach. According to the RAMBAM, (Hilchos Ma'aser Sheni 11:1-3), it is stated in the afternoon of the last day of Pesach.

10)[line 30]שבועת העדותSHEVU'AS HA'EDUS

See Background to 7:1.

11)[line 30]ושבועת הפקדוןSHEVU'AS HA'PIKADON

See Background to 23:15.

12)[line 33]דאתיהבD'ISYAHIV- that it was given

13)[line 33]דחמיראD'CHAMIRA- that it is more stringent

14)[line 34]כריתותKERISUS (KARES AND MISAH B'YEDEI SHAMAYIM: Heavenly Punishment of Untimely Death)

(a)Some sins are so severe that they are punished with untimely death. There are two types of untimely death that are used as heavenly punishments: Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the world and dying before one's time. Misah b'Yedei Shamayim means "death at the hands of heaven." These punishments are not administered by the courts, but through divinely administered justice.

(b)One who deliberately transgresses a commandment that is punishable with either Kares or Misah b'Yedei Shamayim is punished even if there are no witnesses to his act, and even if he was not warned at that time of his transgression that his violation will result in his untimely death.

(c)The Tif'eres Yisrael, in his commentary to Sanhedrin 9:6, lists a number of differences between Misah b'Yedei Shamayim and Kares:

1.One who is punished with Kares will die before age 60 (according to Moed Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim 2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to Moed Katan ibid., or before the age of 60, according to the Yerushalmi ibid.)

2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and RASHI there; see, however, RIVA in Tosfos to Yevamos 2a DH Eshes, who maintains that Kares only involves the death of one's children in the two cases where the Torah adds the word "Ariri." However, he might be referring to the death of children who are not minors.)

3.Some add that when punished with Misah b'Yedei Shamayim, the sinner's cattle and possessions slowly expire until he is left destitute - see Insights to Yevamos 73:2 and Insights to Pesachim 32:2.

4.In addition to the above, in certain instances a form Kares is prescribed in which the sinner not only dies before his time but is also 'severed' (Nichras) from receiving a portion in the World to Come (see Sanhedrin 64b, 90b).

(d)As stated in the Mishnah at the beginning of Kerisus, there are 36 sins listed in the Torah for which one receives Kares: the sixteen forbidden conjugal relations listed in the Torah (Vayikra 18); one who curses G-d; an idol worshipper; one who worships Molech (see Background to Sanhedrin 53:5); one who practices Ov (see Background to Pesachim 113:62); one who desecrates Shabbos; one who ate Kodshim or entered the Mikdash while in a state of Tum'ah; one who consumed blood, Nosar (see Background to Pesachim 120:9), or Pigul (see Background to 6:60); one who slaughters or offers a sacrifice outside of the Mikdash; one who eats Chametz on Pesach; one who eats or performs Melachah on Yom Kipur; one who compounds Shemen ha'Mishchah (the oil made by Moshe Rabeinu to anoint the Mishkan and its vessels, Kohanim Gedolim, and the kings of the Davidic dynasty) or the Ketores (see Background to 11:25) for his own use; one who anoints himself with Shemen ha'Mishchah; one who neglects to give himself a Bris Milah; and one who neglects to offer a Korban Pesach.

15)[line 34]ומיתות בית דיןU'MISOS BEIS DIN (ARBA MISOS BEIS DIN)

(a)Arba Misos Beis Din, the four death penalties administered by Beis Din, in their order of stringency are:

1.Sekilah (stoning, whereby the transgressor is thrust down from the height of two stories, and then (if he is still alive) a large rock is thrown down upon him). Some examples of sins for which Sekilah is administered: desecrating the Shabbos; idol worship; cursing (Chas v'Shalom) G-d; bestiality; sodomy; certain illicit relations (Sanhedrin 53a).

2.Sereifah (burning with molten lead, which is poured down the throat). Sereifah is administered of certain illicit relations (Sanhedrin 75a).

3.Hereg (killing with a sword) (Sefer ha'Chinuch #50). Hereg is administered for Avodah Zarah, when performed along with most of the inhabitants of an Ir ha'Nidachas, and for murder (Sanhedrin 76b).

4.Chenek (strangulation) (Sefer ha'Chinuch #47) - Chenek is administered for wounding one's parents; Zaken Mamrei; Navi Sheker; certain illicit relations (Sanhedrin 84b).

(b)According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b), the order of their stringency is Sereifah, Sekilah, Chenek and Hereg.

16)[line 43]מוכסMOCHES- a tax collector

17)[line 44]לסטיםLISTIM- a bandit

18)[line 44]מפני שמחפין עליוMIPNEI SHE'MECHAPIN ALAV- because they protect (cover for) them

19)[line 51]"וכשלו איש באחיו [כמפני חרב ורודף אין; ולא תהיה לכם תקומה לפני אויביכם]""V'CHASHLU ISH B'ACHIV [K'MIPNEI CHEREV V'RODEF AYIN; V'LO TIHIYEH LACHEM TEKUMAH LIFNEI OYEVECHEM]"- "They will stumble over one another [as in flight from the sword, but there is no pursuer; you will not have the power to withstand your foes]" (Vayikra 26:37).


20)[line 1]לרשעים דעלמאL'RESHA'IM D'ALMA- [what is the difference between the wicked (those who could have protested, but did not) of his family] and wicked strangers, [and between the righteous (those who could not have protested) of his family and righteous strangers?]

21)[line 18]משום קניא דרבאMISHUM KANYA D'RAVA- because of the case of the cane of Rava. A man hid money in a cane, asked his creditor to hold the cane, and then swore, "I already gave back your money." His words were true literally, but not according to Beis Din's understanding.

22)[line 40]אם אינו ענין לטענה תנהו ענין לכפירהIM EINO INYAN L'TA'ANAH, TENEHU INYAN L'KEFIRAH (IM EINO INYAN... TENEHU INYAN)

(a)There are times when the Torah appears to teach that which is unnecessary, since it has already expressed another similar teaching. The rule of "Im Eino Inyan la'Zeh, Tenehu Inyan la'Zeh" may then apply. This rule means that "if it is unnecessary for what it appears to be teaching, you should apply it to a different, related teaching." Through this rule, laws may be derived from verses that do not discuss explicitly that area of Halachah.

(b)In the case of the Gemara here, if the verse is not talking about the claim, then you should apply the verse to the denial.