33b----------------------------------------33b
8)
(a) Besides querying Rav Shisha Brei d'Rav Idi's principle 'Musrah l'Davar Chamur Musrah l'Davar Kal', Rav Ashi also queries his contention that Misah is more stringent. Perhaps Malkus is more stringent, he asks (and it is obvious that 'Musrah l'Davar Kal, Lo Havi Musrah l'Davar Chamur'). What is the basis of this seemingly strange theory?
(b) Rav Sama Brei d'Rav Asi (or Brei d'Rav Ashi) rejects this theory however. Why is there no proof from Chananya, Mishael and Azaryah that Malkus is more stringent than Misah?
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9)
(a) Rav Yakov from Nahar Pakud queries Rav Shisha Brei d'Rav Idi source (from the Pasuk in Mishpatim) from the opinion of Rebbi. What does Rebbi say about a case of 'Niskaven Laharog es Zeh v'Harag es Zeh, Eino Neherag'?
(b) How does this dispense with the poof that wherever there is Malkus and Mamon, one pays and does not receive Malkus?
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10)
(a) Still based on Rav Shisha B'rei d'Rav Idi's principle ('Musrah l'Davar Chamur ... '), Rav Yakov from Nahar Pakud in the name of Rava proves that Chovel ba'Chavero pays rather than receives Malkus, from the Pasuk "Im Yakum v'His'halech ba'Chutz al Mish'anto ... ". How do we know that the Torah is speaking when there was a warning?
(b) What does Rava now try to prove from there?
(c) Rav Ashi asks the same Kashyos as he asked earlier on Rav Shisha Brei d'Rav Idi. Rav Mari adds a Kashya: How do we know, he asks, that the Torah is speaking about Misah, when there must have been a warning? What is the alternative?
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11)
(a) Resh Lakish reconciles our Mishnah (which obligates the rapist to pay Kenas), with the Mishnah in Makos (which sentences him to Malkus), by establishing our Mishnah like Rebbi Meir. What does Rebbi Meir say?
(b) The problem with this however is, that the Tana omits the case of 'Bito' (for whom one receives Misah at the hands of Beis Din). What makes us think that Rebbi Meir even holds 'Mes u'Meshalem' (and not just 'Lokeh u'Meshalem')? What does he say about someone who stole and Shechted on Shabbos or to Avodas-Lochavim?
(c) We refute this proof (that Rebbi Meir holds even 'Mes u'Meshalem') however, by citing those who quote Rebbi Yochanan. How does Rebbi Yochanan interpret the case of 'Ganav v'Tavach b'Shabbos, Ganav v'Tavach la'Avodas Kochavim'?
(d) What would Rebbi Meir hold if the thief himself Shechted the animal?
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12)
(a) What is the problem with obligating the thief to pay four or five times, when it his Shaliach who Shechted it?
(b) What does Rava learn from the Pasuk in Mishpatim "u'Tevacho O Mecharo"?
(c) What does Tana d'Bei Rebbi Yishmael learn from the word "O", and Tana d'Bei Chizkiyah from "Tachas ha'Shor"?
(d) Mar Zutra queries this however, inasmuch as we cannot possibly obligate him to pay for what his Shaliach did, when he would not have been Chayav had he done it himself? How do we counter this Kashya?
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Index to Review Questions and Answers for Maseches Kesuvos
