שבת, פרשת ואתחנן
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- Summary of the Daf
- Rebbi Yehudah: If a Giyores sees blood on the day that she becomes a Giyores, she is not Tamei retroactively. Rebbi Yosi: She is Tamei retroactively.
Rebbi Yehudah: A girl who was Megayer over the age of three must wait three months before getting married. Rebbi Yosi: She does not need to wait three months.
According to Rebbi Yehudah, a ransomed captive is obligated to wait three months before getting remarried only when witnesses testify that she had relations with the captors.
Rebbi Yehudah: A woman who was raped or seduced must wait three months before getting remarried. Rebbi Yosi: She does not need to wait three months.
Rebbi Yosi: A woman who is Mezanah turns herself over so that she will not become pregnant.
Rebbi Meir: A person may receive both the punishment of Malkus and a monetary punishment at the same time.
A person may not receive both the punishment of Misah and the punishment of Malkus at the same time.
A person may not exempt himself from a punishment of Misah or Galus with a payment of a fine.
Even if the murderer is caught after the Eglah Arufah has already been brought, he is put to death.
A person who is Chayav Misah of Sayif is put to death by sword at the neck.
When the Beis Din puts someone to death, it must do so in a humane way.
The Tana Kama says that if a person is Chayav Misah and someone vows to donate his Erech (value), he is exempt and owes nothing.
A person who is Chayav Misah bi'Yedei Shamayim can sometimes avoid punishment by paying a fine.
- Brief Insight
Rebbi Yosi maintains that a woman who is Mezanah turns herself over so that she will not become pregnant. Therefore, even a woman who was raped does not have to wait three months before getting married, because she definitely did not conceive. Tosfos says, however, that a maidservant who went free because her eye was knocked out does have to wait three months to marry, because she had no reason at all to prevent herself from conceiving. Rashi says that any woman who is Mezanah prevents herself from conceiving. The Rishonim explain that according to Rashi, even a maidservant who does not expect to be freed does so, since turning over is such a simple thing to do.
- Quick Halachah
It is forbidden for Beis Din to take a payment from a murderer in lieu of putting him to death, even if he gives all of the money in the world. Even if the relatives of the victim agree to pardon him, he is put to death because the soul of the victim belongs to Hashem, not to his family. There is no transgression that the Torah is more Makpid about than murder. (Rambam, Hilchos Rotze'ach 1:4)
Does the Torah prohibit Beis Din from taking a payment from the murderer even if Beis Din puts him to death, or is the prohibition only if the payment is in lieu of putting him to death?
- Author's Suggestion
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