KERISUS 11 (1 Elul) - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her son-in-law, Dr. Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

[11a - 50 lines; 11b - 48 lines]

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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any OTHER important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.

[1] Gemara 11a [line 34]:

The words "Kevasich Sevira Lei" כוותיך סבירא ליה

should be "Kevasach Sevira Li" כוותך סבירא לי

[2] Gemara [line 35]:

"Michdi, Kesiv Lei Kra" מכדי כתיב ליה קרא

The words "Lei Kra" ליה קרא are unnecessary

[3] Rashi 11a DH ha'Rifos ד"ה הריפות:

Should be corrected as suggested by Shitah Mekubetzes #27

[4] Gemara 11b [line 38]:

The words "d'Kaima Lan d'Afilu" דקיימא לן דאפילו

should be "v'Kaima Lan d'Afilu" וקיימא לן דאפילו

[5] Rashi 11b DH Ika d'Amrei ד"ה איכא דאמרי:

The words "Hachi Parich ha'Shas"הכי פריך הש"ס

should be "Hachi Parik ha'Shas" הכי פריק הש"ס

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1)[line 1]איזו שפחה? כל שחציה שפחה וחציה בת חוריןEIZO SHIFCHAH? KOL SHE'CHETZYAH SHIFCHAH V'CHETZYAH BAS CHORIN- that is, a half-freed maidservant who is betrothed to an Eved Ivri (a Jewish slave) (as the Gemara explains; see also Insights)

2)[line 5]כל עריות מפורשות ואין לנו שיורKOL HA'ARAYOS MEFURASHOS, V'EIN LANU SHIYUR...- that is, the Torah clearly tells us that all Arayos are free men, without exception. The only exception to this is Shifchah Charufah, who is a partial slave (as Rebbi Eliezer in the Gemara derives from the verses) (RASHI). RABEINU GERSHOM learns slightly differently: All the Arayos are clearly described in the Torah, so we know exactly whom the verse is discussing. The only exception is Shifchah Charufah, whom the Torah does not clearly describe (nevertheless, we derive from an inference in the verse that she is partially freed, as the Gemara explains).

3)[line 10]תהא בקראיTEHEI B'KERA'EI- let the reading of the verses of lashes apply to her

4a)[line 10]מקראMAKREI- reads the verse "v'Hifla..." (Devarim 28:58-59)

b)[line 11]מונהMONEH- counts the number of lashes

5)[line 11]בביקור תהיהB'VIKUR TIHEYEH- she shall be assessed (to see how many lashes she can receive)

6)[line 11]אין אומדין אותו אלא מכות הראוין להשתלשEIN OMDIN OSO ELA B'MALKUS HA'RE'UYOS L'HISHTALESH (MALKUS ARBA'IM: OMED L'MALKUS)

(a)It is a Mitzvah to administer the punishment of Malkus Arba'im (Torah lashes) to one who is liable to Malkus, as the Torah states, "v'Hipilo ha'Shofet v'Hikahu" - "and the judge shall cast him down and whip him" (Devarim 25:2). Malkus d'Oraisa is administered in Eretz Yisrael by a court of three judges who are Semuchin (Halachically ordained), whether the Beis ha'Mikdash stands or not (RAMBAM Hilchos Sanhedrin 16:2). Courts outside of Eretz Yisrael can administer only Makas Mardus (Rabbinic lashes, see Background to Menachos 70:27).

(b)A person is only liable to Malkus Arba'im if he transgresses a Lav (a negative commandment) of the Torah that is not "modified," such as a Lav shebi'Chelalos (see Background to Menachos 58:15), a Lav she'Nitak l'Aseh (see Background to Chulin 81:1), etc. A prohibition that is implied by a positive commandment is never punishable by Malkus. In addition, in order to be liable he must transgress in front of witnesses after receiving a proper warning.

(c)Malkus are administered in numbers of three, with a maximum amount of thirty-nine for each transgression. The culprit is examined to determine how many lashes he can withstand. He then stands leaning against a post and his clothes are ripped until his heart is revealed. The agent of Beis Din, a Torah scholar who is specifically weak, stands on a rock behind him, whipping one third of the lashes on his chest and two thirds on his back, one third on each shoulder (Makos 22b).

(d)During the whipping, the most distinguished judge of the court reads the verse "Im Lo Sishmor La'asos Es Kol Divrei ha'Torah ha'Zos... v'Hifla HaSh-m Es Makoscha..." - "If you will not be careful to perform all the words of this Torah... then HaSh-m will make your blows extraordinary..." (Devarim 28:58-59). For each blow, the deputy judge counts out loud the number of each lash and a third judge calls out "Hakehu!" - "Whip him!" If the culprit dies from the lashing, the agent of Beis Din is exempt from any punishment. However, if he administers an extra lash due to a mistake in the count, and the extra lash causes the culprit to die, he must go to Galus (exile, see Background to Makos 7:10).

7)[line 21]דשנוייD'SHINUYEI- of transformation

8)[line 21]"[ותקח האשה ותפרש את המסך על פני הבאר] ותשטח עליו הרפות [ולא נודע דבר]""[VA'TIKACH HA'ISHAH, VA'TIFROS ES HA'MASACH AL PNEI HA'BE'ER,] VA'TISHTACH ALAV HA'RIFOS [V'LO NODA DAVAR.]" - "[And the woman took the curtain and spread it on the surface of the well,] and she poured on it beaten wheat [and the matter was not known.]" (Shmuel II 17:19) (THE NARROW ESCAPE OF YONASAN AND ACHIMA'ATZ)

(a)Following Avshalom's rebellion, David ha'Melech fled Yerushalayim. He left behind, however, spies to thwart Avshalom's plans. Among those spies were Yonasan ben Evyasar and Achima'atz ben Tzadok.

(b)When Avshalom accepted Chushai ha'Arki's plan to attack David ha'Melech the next day, Avshalom immediately informed Tzadok and Evyasar. He asked them to pass the information to David immediately, with instructions to move away from Arvos ha'Midbar before morning.

(c)Tzadok and Evyasar wasted no time in sending a maidservant to their sons, who were awaiting instructions in Ein Rogel (a town close to Yerushalayim). However, a servant of Avshalom spotted them there, so they quickly made their way to an acquaintance in Bachurim, where their hostess (taking her cue, perhaps, from Rachav ha'Zonah) quickly hid them in the well in her courtyard, which she promptly covered in the way described by the verse. When Avshalom's servants arrived and demanded to know where her two visitors were, she calmly informed them that they had left only a short while ago and had crossed the stream of water.

9)[line 22]"אם תכתוש [את] האויל במכתש בתוך הריפות בעלי [לא תסור מעליו אולתו]""IM TICHTOSH [ES] HA'EVIL BA'MACHTESH B'SOCH HA'RIFOS BA'ELI, [LO SASUR ME'ALAV IVALTO.]"- "If you will pound a fool in a mortar, together with the grits, with a pestle; [his foolishness will not be removed from him.]" (Mishlei 27:22)

10)[line 23]"ויתנו ידם להוציא נשיהם ואשמים איל צאן על אשמתם""VA'YITNU YADAM L'HOTZI NESHEIHEM, VA'ASHEIMIM EIL TZON AL ASHMASAM" - "And they gave their hand (in oath) to send away their (alien) wives and to offer a guilt-offering, a ram from the flock (to atone) for their sin." (Ezra 10:19) (SENDING AWAY THEIR ALIEN WIVES)

(a)When Ezra heard that many of the returnees from the exile in Bavel had intermarried with the nations around them, he was shattered. He prayed and wept bitterly over this terrible sin. Even as he prayed, however, a large contingent of weeping men, women, and children gathered in the Beis ha'Mikdash. Led by their spokesman, Shechanyah ben Yechiel, they confessed at having sinned and made a firm resolution to repair the damage by sending away their foreign wives together with their children that had been born to them. They asked Ezra to help them carry this out.

(b)After making the leaders of the Kohanim, Leviyim and Yisre'elim swear that they would abide by their decision, Ezra went into a side chamber where he remained in mourning for the remainder of the day, neither eating nor drinking. He then spread word throughout Yehudah and Yerushalayim that everybody was to attend a meeting that would take place in three days time, at which he would take steps to purify the Camp of Yisrael. To ensure that his words would have maximum affect, he threatened to destroy the property of anyone who failed to attend and to isolate him from the community on the twentieth of Kislev.

(c)Three days later, all the people of Yehudah and Binyamin assembled in Yerushalayim. At the appointed time, the people arrived and settled down in the plaza on Har ha'Bayis, trembling with fear, shivering and miserable in the pouring rain.

(d)Ezra rebuked them again for their terrible transgression and instructed them to confess and repent for their sin, separate from the people of the land, and send away their alien wives. The people replied that they were willing to obey Ezra's instructions to the letter, but that, due to the large numbers of people involved and to the fact that it was the rain season, they needed time to put his instructions into effect. They asked for permission to fix appointed times when the people would bring their alien wives before the leaders of each city, together with the elders and judges of their respective cities, to ensure that everyone complied with Ezra's instructions. They would then send the women away, thereby removing HaSh-m's wrath from the people. Ezra readily granted their request.

(e)The process promptly began on the first of Teves (ten days later). By the first of Nisan, most of the people had sent away their alien wives, with the exception of a sizable contingent of Kohanim, Leviyim, and Yisre'elim who were still married to their alien wives. However, they, too, swore that they would abide by Ezra's instructions, and that they would bring a ram as a guilt-offering — a momentary ruling, since no such Korban is brought for marrying foreign women.

11)[line 33]מכלל דהוא חופשMICHLAL D'HU CHUPASH- The RAMBAM (Hilchos Isurei Bi'ah 3:13) explains that the inference is from the previous words: "Lo Yumasu Ki Lo Chupashah." From this we see that had she indeed been set free, both she and he would have been liable to the death penalty. This is possible, however, only if the man is a free man, and not a Nochri slave. (The Rambam apparently understood this to be the intention of our Gemara.)

11b----------------------------------------11b

12)[line 1]איסמייהISAMYEI?- Should I remove it?

PEREK #3 AMRU LO

13)[line 29]שתיקה דתריןSHESIKAH D'TREIN- remaining silent [in acquiescence] to two witnesses

14a)[line 39]שלא ברשות בית דיןSHE'LO BI'RESHUS BEIS DIN- if she got married without taking advantage of the special enactment of Beis Din; i.e. she got married based on the testimony of two witnesses who were examined in Beis Din and found to be reliable (RASHI to Yevamos 87b)

b)[line 40]ברשות ב''דBI'RESHUS BEIS DIN- if she got married by taking advantage of the special enactment of Beis Din; i.e. based on the testimony of one witness, in which case she may marry only as a result of the Takanas Beis Din

15)[line 46]"או הודע אליו חטאתו""O HODA ELAV CHATASO"- "If he becomes aware of his sin" (Vayikra 4:28). This verse refers to a person who committed a sin for which one is Chayav Kares if he transgressed b'Mezid; when he becomes aware that he sinned he must bring a Korban Chatas.

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