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KIDUSHIN 40

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1)
(a) The Tana says that someone who is faced with an immoral act, and overcomes the temptation - merits a miracle (as indeed occurred to Rebbi Chanina bar Papi).
(b) When the Roman aristocratic woman who accosted Rebbi Tzadok ...
1. ... offered him forbidden food to still his hunger, he told her - that someone who can commit an immoral act will also eat forbidden food.
2. ... asked him why he had climbed into the oven that she lit to heat up his food, he told her - that someone who commits an immoral act is destined to be thrown into an oven.
(c) The woman declared - that had she known that he considers adultery such a terrible sin, she would never have accosted him.
(d) When Rav Kahana, who sold women baskets for their spinning needs, was accosted in the same way - he asked the woman to wait a few minutes whilst he went to adorn himself appropriately, then he climbed on to the roof and jumped off.

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2)
(a) When Eliyahu ha'Navi, who caught Rav Kahana as he was falling, complained of having to travel four hundred Parsah to save him - the latter countered that it was due to his poverty that he was forced into a profession that caused him to deal with women.
(b) Eliyahu responded - by giving him a box-full of Dinarim.
(c) In connection with the Mishnah in Pe'ah 'Eilu Devarim she'Adam Ochel Peirosehem ba'Olam ha'Zeh', Rava learns from ...
1. ... the Pasuk in Va'eschanan "Lema'an Ya'arichun Yamecha u'Lema'an Yitav Lach" - that for honoring one's parents one receives 'the fruit' in this world (because the first phrase refers to Olam ha'Ba, and the second one, to this world).
2. ... the Pasuk in Tehilim "Rodef Tzedakah va'Chesed, Yimtza Chayim, Tzedakah ve'Chavod" - that for Gemilus Chasadim too, one receives 'the fruit' in this world (because there too, that is what "Chayim" means).
3. ... the 'Gezeirah-Shavah' "Rodef (Tzedakah va'Chesed)" "Rodef" (Bakes Shalom ve'Radfeihu") - the same applies to entertaining guests, just like it applies to Gemilus Chasadim.
(d) And from the Pasuk "Ki Hu Chayecha ve'Orech Yamecha" - he learns that one receives the Peiros of Torah-study in this world.

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3)
(a) Rava queried Rav Nachman - about the Mitzvah of Shilu'ach ha'Ken (sending away the mother bird ... ), which one would one have expected to have found in the Mishnah of 'Eilu Devarim she'Adam Ochel ... ' (since the Torah writes there "Lema'an Yitav Lach ve'Ha'arachta Yamim", in this world and in Olam ha'Ba respectively) .
(b) We refute the suggestion 'Tana ve'Shayer' - on the grounds that the words 'Eilu Devarim' implies that there are no exceptions.
(c) The reason that the Tana omits Shilu'ach ha'Ken from the Mishnah is - because he maintains that it is only with regard to Mitzvos she'Bein Adam la'Chaveiro (Mitzvos between man and man) that a person receives reward iin this world too.

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4)
(a) Rav Idi extrapolated from the Pasuk "Imru Tzadik Ki Tov, Ki Pri Ma'aleleihem Yocheilu" - that it is specifically a Tzadik Tov (who is good to people as well as to Hash-m, who reaps the benefit of his good deeds in this world too), precluding Mitzvos such as Shilu'ach ha'Ken (as we just explained).
(b) And by the same token, when the Navi writes "Oy la'Rasha Ra", he is referring to - a Rasha who is evil in his behavior towards people as well as towards Hash-m (as opposed to one who is evil towards Hash-m but friendly towards people).
(c) A Mitzvah (between man and man) receives 'Peiros' as well as the principle irrespective; an Aveirah only receives reward for the principle - as we extrapolate from the Pasuk "Oy le'Rasha Ra" (See Agados Maharsha)..
(d) And from the Pasuk in Mishlei "va'Yochlu mi'Pri Darkam u'mi'Mo'atzoseihem Yisba'u" we learn - that if his evil deed produce negative results, then he receives 'the fruit' in this world too.

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5)
(a) In the Pasuk "Az Nidberu Yir'ei Hash-m ... u'le'Choshvei Sh'mo", Rav Asi learns from "u'le'Choshvei Sh'mo" the important principle - that one receives reward for the intention of performing a Mitzvah, even if he did not succeed in carrying it out.
(b) This principle does not extend to someone who merely intends to perform an Aveirah (unless his thought bears fruit).
(c) We learn from the Pasuk ...
1. ... in Yirmeyahu "Hineni Meivi El ha'Am ha'Zeh Ra'ah Pri Machshevosam" that although one is not punished for bad thoughts alone - nevertheless, should the thought result in a sin, one will subsequently receive punishment for the thought as well as for the deed (as we just explained).
2. ... in Yechezkel "Lema'an Tafos Es Beis Yisrael be'Libam" - that someone who denounces Avodah-Zarah - is considered as if had accepted the entire Torah.
(d) Ula establishes the Pasuk like Rav Huna - who says that having transgressed a certain sin twice, one will consider the sin as if it did not exist. Consequently, it is assumed that, had he not been prevented from transgressing it, he would certainly have gone through with it, and he will be punished for the intention alone.
(e) The wording of his original statement read -
that 'having sinned and repeated the sin, he is permitted the sin becomes permitted'.

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6)
(a) According to Rebbi Avahu Amar Rebbi Chanina - it is better to sin in private, than to cause a Chilul Hash-m in public (even if no actual sin is involved).
(b) According to Rebbi Ila'i ha'Zaken, a person who feels that his Yetzer ha'Ra is about to get the better of him - should move to a location where he is not known, wear black clothes and sin (see Tosfos).
(c) The point of ...
1. ... moving to a location where he is unknown is - so that should he succumb to his Yetzer ha'Ra, at least people will consider him a nonentity, thereby diminishing the Chilul Hash-m.
2. ... wearing black clothes is - to try and stop himself from sinning, by humiliating himself.

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7)
(a) The Beraisa says that someone who does not have pity on the honor of his Creator would have been better off not to have been created. According to Rabah, this refers to someone who looks at a rainbow; according to Rav Yosef - to someone who sins in secret (as if Hash-m was not watching him).
(b) We reconcile this Beraisa - which totally rejects the concept of sinning in secret, with Rebbi Ila'i ha'Zaken, who makes certain concessions to avoid Chilul Hash-m (as we just learned - by establishing the former by a person who is able to control his Yetzer ha'Ra, but does not, and the latter, by someone who cannot.
(c) When it comes to Chilul Hash-m - there is no difference between Shogeg and Mezid, as the Mishnah teaches in Pirkei Avos.
(d) Mar Zutra and Mar b'rei de'Ravana argue over the explanation of 'Ein Makifin be'Chilul Hashem'. When ...
1. ... the former explains 'Ein Osin ke'Chenvani' - he means that Hash-m does not give credit to someone who desecrates His Name (like he does with other Aveiros), but punishes him immediately.
2. ... the latter says 'she'Im Hayesah Shekulah, Machra'as' - he means that even if the perpetrator's scales (of Mitzvos and Aveiros) are evenly balanced, if one of those Aveiros constitutes Chilul Hash-m, then it will tip the scale of Aveiros. 'Makifin', according to Mar b'rei de'Ravana, means 'scrutinize' (i.e. that Hash-m compares the list of Mitzvos wit the list of Aveiros, and concludes that they are not in fact, comparable).

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8)
(a) The advice that the Beraisa gives a person that, on the one hand, will cause him to go for Mitzvos, and on the other, to avoid Aveiros is - to always consider his scales to be evenly balanced, so that even one Mitzvah will turn him into a Tzadik, whereas even one Aveirah will label him a Rasha.
(b) Rebbi Elazar b'Rebbi Shimon places added responsibility on one's shoulders to achieve the same result - by adding that one should also consider the entire world to be evenly balanced. In this way, just one Mitzvah will tip the world's scales to the scale of merit, and one Aveirah, to the scale of destruction. The basis for this is the principle that the world is judged according to the majority (not of people, but of merits).
(c) Rebbi Shimon bar Yochai interprets the Pasuk ...
1. ... "Tzidkas ha'Tzadik Lo Satzilenu be'Yom Ra'ah" to mean - that if a Tzadik rebels at the end of his life, then he loses all his good deeds.
2. ... "ve'Rish'as ha'Rasha Lo Yikashel bah be'Yom Shuvo me'Rish'o" - that if a Rasha does Teshuvah at the end of his life, then no mention will be made of all his sins in the World to Come.
(d) The earlier statement applies - only if he expresses remorse for having performed them. Otherwise, his scales will remain evenly balanced.

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9)
(a) The Tana learns from the Pasuk in Koheles "ve'ha'Chut ha'Meshulash Lo bi'Meheirah Yinatek" - that someone who is engaged in the triumvirate, the study of Torah (Tanach) and Mishnah, and earning a living in an honest way, is not prone to sin.
(b) And he describes someone who does none of these - as being a useless member of society.

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10)
(a) Rebbi Elazar b'Rebbi Tzadok in a Beraisa says - that Hash-m lets the Tzadikim suffer in this world, thereby enabling them to inherit the World to Come unimpeded.
(b) And he illustrates this with - the parable of a tree that is standing in a Tahor location with only one branch hanging over Tamei ground, when all that is needed is to cut the branch (which signifies punishing the Tzadik for his few sins), whilst the tree remains entirely in a Tahor place (Gan Eden).
(c) Hashem's treatment of the Resha'im he llustrates - with the parable of a tree that is standing in a Tamei location, with only one branch hanging over Tahor ground, when all that is needed is to cut the branch (which signifies rewarding the Rasha for his few sins), and the tree remains entirely in a Tamei place (Gehinom).

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11)
(a) They once asked Rebbi Tarfon and the Elders as they were sitting in the attic in Beis Nitzeh in Lud - which is greater, Torah-study or good deeds.
(b) Rebbi Tarfon gave preference to good deeds - Rebbi Akiva to Torah-study.
(c) All the other Chachamim present ruled like Rebbi Akiva, on the grounds - that Torah-study ('Lil'mod Al-Menas La'asos') leads to good deeds, in which case, someone who learns will end up with both (see also Tosfos Ri ha'Zaken).

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12)
(a) According to Rebbi Yosi, the Mitzvah of learning Torah is greater, because it (i.e. Matan Torah) preceded the various Mitzvos that took effect after they entered Eretz Yisrael. Matan Torah preceded ...
1. ... Terumos and Ma'asros - by fifty-four years, because Terumos and Ma'asros only came into effect after the land had been conquered and distributed.
2. ... Shemitah - by sixty-one years (seven years later).
3. ... Yovel - by a hundred and three years (fifty years later).
(b) Rebbi Yosi says that the Torah preceded Yovel by a hundred and three years and not a hundred and four (bearing in mind that Yovel took place in the forty-third year after the first Shemitah, and not the forty-second) - because, in his opinion, the Yovel takes effect already from the beginning of the year (see Rashash) ...
(c) ... as opposed to Shemitah, which only releases debts at the end of the year.
(d) We just concluded that Torah-study precedes the performance of Mitzvos. It also precedes them in other regards too. For example, based on the dictum 'Ein Mayim Ela Torah', Rebbi Chanina learns from the Pasuk in Mishlei "Poter Mayim, Reishis Madon" - that when one is judged by the Heavenly Court after one's death, the first punishment he will receive will be for not studying Torah (see Tosfos DH 'Ein').
(d) On the other hand, from the Pasuk "Vayiten la'Hem Artzos Goyim ... Ba'avur Yishmeru Chukav ... ", we learn - that it is also Torah study which will be the first to be rewarded.

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13)
(a) We learned that someone who does not engage in the study of Torah (Tanach) and Mishnah, or in earning a living in an honest way, is a useless member of society. Rebbi Yochanan - also disqualifies him from testifying.
(b) According to the Tana Kama of the Beraisa, someone who eats in the main street is comparable to a dog. Yesh Omrim - also disqualifies him from testifying.
(c) The common reason of Rebbi Yochanan and Yesh Omrim is - that such a person has no self-respect, and cannot be trusted.
(d) According to bar Kapara, an angry person gains nothing but the after effects of his anger. He says about ...
1. ... a person with good Midos (Agados Maharsha) - that he will benefit from the fruit of his deeds.
2. ... someone who does not engage in the study of Torah (Tanach) and Mishnah, or in earning a living in an honest way (based on the Pasuk in Tehilim "u've'Moshav Leitzim Lo Yashav" - that one is advised to declare a Neder forbidding oneself to derive any benefit from him.

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