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POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
daf@dafyomi.co.il, www.dafyomi.co.il
Rosh Kollel: Rabbi Mordecai Kornfeld
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ERCHIN 15 |  Next |
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1) THE SOURCE FOR "BOSHES" AND "PEGAM"
(a) (If a virgin has relations Lo Kedarkah (unnaturally), she is not a proper virgin, but the penalty of Ones or Mefateh still applies (if she will be raped or enticed later), because the Besulim are intact.)
(b) Answer #2 (R. Ze'ira): Rather, people would protest, if two men raped a girl, the first Lo Kedarkah, the second Kedarkah (normal relations), does the latter pay 50, just like one (Rashi; Tosfos - the first man) who raped a proper virgin?!
(c) Objection: (Abaye): If so, they should similarly protest, does one pay 30 for a healthy slave, just like for a Muchas Shechin?!
(d) Answer #3 (Abaye): (Regarding rape, it says) "Tachas Asher Inah" - the 50 Shekalim are for paining her, implying that there are other payments. (Even though this applies only to rape, a Gezeirah Shavah equates rape and enticement.)
(e) Answer #4 (Rava): "V'Nasan ha'Ish ha'Shochev Imah... " teaches that he pays 50 just for the pleasure he had. This implies that there are also other payments.
2) THE SEVERITY OF "MOTZI SHEM RA"
(a) (Mishnah): There are leniencies and stringencies of Motzi Shem Ra (a man who falsely claims that the girl he married was not a virgin):
1. Whether he was Motzi Shem Ra on the most prestigious Bas Kohen, or the lowliest Bas Yisrael, he pays 100 Shekalim.
(b) We find that the punishment for speech (Motzi Shem Ra) is greater than for an act. (A rapist pays only 50).
(c) Likewise, Bnei Yisrael sinned 10 times in the Midbar, the decree that they would not enter Eretz Yisrael was only due to Lashon ha'Ra (of the Meraglim, which Bnei Yisrael heeded) - "va'Yenasu Osi Zeh Eser Pe'amim."
(d) (Gemara) Question: How do we know that the greater punishment for Motzi Shem Ra is because he sinned through speech? Perhaps it is because he tried to kill her - "v'Im Emes Hayah ha'Davar... v'Hotzi'u Es ha'Na'arah... " (and she is killed! Normally, we believe his claim. It is unreasonable that a man would seek a pretext to divorce his wife and avoid paying her full Kesuvah immediately after toiling to make a wedding feast! One of the few cases in which we do not believe (and therefore punish) him is if he brings witnesses who testify about her adultery, and they are proven to be false through Hazamah.)
(e) Answer (Rava): "Ki Hotzi Shem Ra" - he is punished for his slander.
3) THE TEN TRIALS IN THE "MIDBAR"
(a) (Mishnah): Likewise, the decree...
(b) Question: How do we know that it was due to Lashon ha'Ra alone? Perhaps this "filled their Se'ah" (completed their guilt to the amount for which they were worthy to be punished)!
1. (Rav Hamnuna): "Bi'Melos Sifko Yetzer Lo" - Hash-m does not punish a person until his Se'ah is filled.
(c) Answer (Reish Lakish): "Va'Ynasu Osi Zeh Eser Pe'amim" - they were punished for this sin.
(d) (Beraisa - R. Eliezer ben Parta): From the Meraglim, we see the magnitude of Lashon ha'Ra:
1. They were punished so severely for speaking about wood and stones (Eretz Yisrael). All the more so, one who speaks about people will be punished severely!
(e) Objection: Perhaps the Meraglim were punished so severely due to R. Chanina bar Papa's teaching!
1. (R. Chanina bar Papa): The Meraglim said a great blasphemy - "Ki Chazak Hu Mimenu" (the people of Eretz Yisrael are stronger than us). We explain "Mimenu" to mean "than Him," as if the Master cannot enter His own house! (Shitah Mekubetzes - we read this "mi'Yemino" (than His right hand).)
(f) (Rava): Rather, we learn from "va'Yamus ha'Anashim Motzi'ei Dibas ha'Aretz" - they died due to Dibas ha'Aretz (Lashon ha'Ra).
(g) (Beraisa - R. Yehudah): Bnei Yisrael angered Hash-m 10 times in the Midbar -- two at Keri'as Yam Suf, two due to a lack of water, two regarding the Man, two regarding the Slav (special fowl given in response to their complaint for meat), one at the Egel, and one in Paran (with the Meraglim).
(h) Two were at Keri'as Yam Suf. Before the sea split, they complained "ha'Mibli Ein Kevarim b'Mitzrayim." After they left the sea, they sinned again (they doubted Hash-m's promise that they would not see the Mitzrim again);
1. (Rav Huna): The generation that left Mitzrayim had little Emunah.
2. (Rabah bar Mari): "Va'Yamru Al Yam b'Yam Suf va'Yoshi'em Lema'an Shemo" teaches that Yisrael rebelled at the time. They said 'just like we came up from the sea, the Mitzriyim will come up from another side.'
3. Hash-m told the Sar (angel) of the sea to spit the Mitzriyim onto the dry land.
4. The Sar: Does a Master give a gift to His slave, and take it back?! (I want the Mitzrim, they will be food for the fish!)
5. Hash-m: I will return to you one and a half times as much (Sisera's army, with 900 chariots. Paro's army had only 600 chariots.)
6. The Sar: A slave is too embarrassed to claim from his Master! (Perhaps You will have mercy on them and not give them to me.)
7. Hash-m: Nachal (the river) Kishon will be My guarantor.
8. The sea spit them up - "va'Yar Yisrael Es Mitzrayim Mes... "
(i) Two (quarrels) were due to a lack of water, in Marah and Refidim;
1. "Va'Yavo'u Marasa v'Lo Yachlu Lishtos... va'Yilonu ha'Am Al Moshe";
2. "Va'Yachanu bi'Refidim v'Ein Mayim Lishtos... va'Yarev ha'Am Im Moshe."
(j) Two were regarding the Man. They were told "Lo Timtza'uhu ba'Sadeh" (on Shabbos) and "Al Yaser" (perhaps these are the intended verses) yet some (Dasan and Aviram) looked for it on Shabbos and left over (during the week).
5) EXAMPLES OF "LASHON HA'RA"
(a) Question: What is an example of Lashon ha'Ra?
(b) Answer #1 (Rabah): It is Lashon ha'Ra to say "there is fire in Ploni's house." (This implies that they are gluttonous, and they are always cooking.)
(c) Objection (Abaye): There is nothing wrong with that. He merely tells people where to find fire!
(d) Answer #2 (Abaye): If one said in a derogatory way "where will you find fire, if not in Ploni's house?!", it is Lashon ha'Ra.
(e) (Rabah): Anything said in front of the party discussed is not Lashon ha'Ra.
(f) Objection (Abaye): All the more so it is forbidden. It is Lashon ha'Ra and impudence!
(g) Answer (Rabah): I hold like R. Yosi;
1. (R. Yosi): I never said something and turned around to see if the one I spoke about was there. (I would say the same in front of him. Alternatively, I never retracted when the one I spoke about came. Maharsha - R. Yosi permits statements like, "there is fire in Ploni's house." Surely, if Ploni was there, it was said in a positive way (he is always feeding the poor). Maharal - when speaking in front of the party discussed, the primary transgression is arousing a quarrel. It is not called Lashon ha'Ra.)
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