BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
KESUVOS 33 (Shmini Atzeres) - l'Iluy Nishmas Chaim Noach ben ha'Chaver Reb Yehudah (Kruskal). Dedicated by his son and family.
[33a - 43 lines; 33b - 49 lines]
1) [line 4] BEN GERUSHAH U'VEN CHALUTZAH - one who is convicted of being an Ed Zomem on testimony that a Kohen is actually a Ben Gerusha will receive Malkos for there is no monetary fine (CHALAL)
(a) The Torah commands a Kohen Gadol not to marry a widow, divorcee, prostitute ("Zonah" -- see Background to Yevamos 59:8) or Chalalah (Vayikra 21:14). A regular Kohen is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah, and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute that has relations with a Kohen Gadol, and a divorcee or prostitute who has relations with a regular Kohen, becomes a "Chalalah." Female children born through such a union are also Chalalos. Also, any Jewish woman who has relations with a Chalal becomes a Chalalah (even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have relations with) a Kohen, the Chalalah and the Kohen are punished with Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has living children from a Kohen normally eats Terumah, if she becomes a Chalalah she may no longer eat Terumah. Similarly, although the daughter of a Kohen normally eats Terumah until she becomes married to a non-Kohen, if she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra 21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and whether the child is a Chalal.
2) [line 7] BOGERES - K'nas is imposed only on one who raped a Na'arah, generally until age twelve and a half. According to Ula, the punishment for having relations with one's sister will apply only when she is a Bogeres; if she is a Na'arah he will pay K'nas instead.
3) [line 16] NISREI BEHU EIMAS - when should we give them Hasra'ah
4) [line 17] AMREI ISHTALYAN - they will say we forgot
5) [line 20] B'SOCH KEDEI DIBUR
"Toch Kedei Dibur" is the length of time that it takes for a student to say a greeting to his teacher (e.g. "Shalom Aleicha Rebbi"). "k'Dibur Dami" means that within this small amount of time, we view an act or speech as not yet completed and still continuing. Thus, even though the person has, in action, already stopped performing the act, within this amount of time he may act or say something that will abrogate his previous actions or words. For example, if a person sells an object and changes his mind within Toch Kedei Dibur, the sale is nullified.
6) [line 35] B'MATZUS SHEB'MISAH - a fight whose end result is the death penalty; that is, one was fighting with the intent to murder
7) [line 1] ILMALEI NAGDUHA - if they would have lashed
8) [line 2] CHANANYA MISHAEL VA'AZARYA - Chananya, Mishael, and Azarya (three descendants of King David who were captured by the Babylonians and thrown into a furnace of fire by Nevuchadnetzar for not bowing down before the idol that he erected)
9) [line 2] PALCHU L'TZALMA - they would have served the idol (according to Rabeinu Tam in Tosfos DH Ilmalei it was not a real idol but only an image of Nevuchadetzar before which everyone was supposed to bow down in his honor)
10) [line 9] NEHAR PEKOD - the Pekod River
11) [line 13] SHE'CHOVSHIN OSO - they detain him in prison until the fate of his victim is clear.
12) [line 28] GALUS
(a) A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (banishment).
(b) When it is proven that a person killed unintentionally, he is banished to one of the six Arei Miklat (Cities of Refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment.
(c) If the unintentional murderer leaves his City of Refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.
13) [line 33] SHOR HA'NISKAL
An animal that killed a person is stoned to death by Beis Din, as described in Shemos (21:28-31). After it is sentenced to be stoned, it is Asur b'Hana'ah.
14) [line 34] TASHLUMEI ARBA'AH V'CHAMISHAH
"If a person steals an ox or sheep and then slaughters or sells it, he must repay five oxen for each ox, and four sheep for each sheep" (Shemos 21:37)
15) [line 38] V'CHOL CHAVURASA - the entire group of students
16) [line 47] KAM LEI BID'RABAH MINEI - literally, "he remains with the worse of the two" (or, a more severe punishment exempts one from the less severe one)
(a) When one performs a single act from which he incurs two punishments, or a punishment and a monetary liability, the more severe punishment exempts the sinner from the less severe one. For example, one who stabs another to death will not have to pay for the shirt that he tore while stabbing.
(b) This rule is only true if the two punishments, or the punishment and the monetary liability, are caused by a "single action." If one follows the other, even by one second, the sinner is punished with both punishments. The Gemara questions what defines the difference between "a single action" and different actions. According to one opinion, the entire series of actions which define the more severe sin are considered a single action with regard to Kam Lei bid'Rabah Minei. (Kesuvos 31a)
(c) There are a number of situations in which this rule does not apply:
1. Rebbi Meir holds that it only applies to a death penalty. One who is punishable with Malkos, though, is required to pay as well as to receive Malkos. (Kesuvos 33b)
2. If one sins b'Shogeg, Kam Lei bid'Rabah Minei does not necessarily apply (that is, since no actual punishment is executed, the potential punishment does not exempt the sinner from monetary liability), as follows: If the sin is one which warrants the death penalty, Rav Dimi holds that Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Rabah Minei applies, while Ravin says that they both agree that it applies. If the sin is one which warrants Malkos, Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Rabah Minei applies. (Kesuvos 34b-35a)
3. In certain cases, if the monetary liability is paid to a person other than the victim, the sinner may be liable to pay even though he is also punished with the death penalty or Malkos.
Index to Background for Maseches Kesuvos