12th CYCLE DEDICATION
KESUVOS 33 (Shmini Atzeres) - l'Iluy Nishmas Chaim Noach ben ha'Chaver Reb Yehudah (Kruskal). Dedicated by his son and family.

[33a - 43 lines; 33b - 49 lines]

1)[line 4]בבן גרושה ובן חלוצהBEN GERUSHAH U'VEN CHALUTZAH - one who is convicted of being an Ed Zomem on testimony that a Kohen is actually the son of a divorced woman will receive Malkus for there is no monetary fine (CHALAL)

See Background to 29:12.

2)[line 7]בוגרתBOGERES- A fine is imposed only on one who raped a Na'arah. According to Ula, the punishment for having relations with one's sister applies only when she is a Bogeres; if she is a Na'arah he will pay the fine instead.

3)[line 16]ניתרי בהו אימתNISREI BEHU EIMAS- when should we give them Hasra'ah

4)[line 17]אמרי אישתליןAMREI ISHTALYAN- they will say we forgot

5)[line 20]בתוך כדי דבורTOCH KEDEI DIBUR

"Toch Kedei Dibur" is the length of time that it takes for a student to say a greeting to his teacher (e.g. "Shalom Aleicha Rebbi"). "k'Dibur Dami" means that within this small amount of time, we view an act or speech as not yet completed and still continuing. Thus, even though the person has, in action, already stopped performing the act, within this amount of time he may act or say something that will abrogate his previous actions or words. For example, if a person sells an object and changes his mind within Toch Kedei Dibur, the sale is nullified.

6)[line 35]במצות שבמיתהB'MATZUS SHEB'MISAH- a fight whose end result is the death penalty; that is, one was fighting with the intent to murder

33b----------------------------------------33b

7)[line 1]אילמלי נגדוהILMALEI NAGDUHA- if they would have lashed

8)[line 2]לחנניה מישאל ועזריהL'CHANANYA MISHA'EL VA'AZARYAH

(a)Nevuchadnetzar, king of Babylonia, had decreed that anyone who did not bow down to a certain golden statue would be thrown into a fiery furnace. Chananyah, Misha'el, and Azaryah were righteous Jews who refused to do so.

(b)HaSh-m responded to their self-sacrifice by sending the angel Gavriel to save them. Gavriel not only cooled the furnace so that Chananyah, Misha'el, and Azaryah remained unharmed, but he caused the area outside of it to become overheated such that those who threw them in were consumed by fire (Daniel 3).

(c)See Background to Megilah 13:1.

9)[line 2]פלחו לצלמאPALCHU L'TZALMA- they would have served the idol (according to Rabeinu Tam in Tosfos DH Ilmalei it was not a real idol but only an image of Nevuchadetzar before which everyone was supposed to bow down in his honor)

10)[line 9]מנהר פקודNEHAR PEKOD- the Pekod River

11)[line 13]שחובשיןSHE'CHOVSHIN OSO- they detain him in prison until the fate of his victim is clear.

12)[line 28]מגלותMI'GALUS (GALUS)

(a)A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (exile). The Gemara learns (Makos 7b) from the verse (Bamidbar 35:23) that only when one strikes the victim with a downward motion is the unintentional murderer liable to Galus. A person who kills using an upward motion does not merit the atonement of Galus.

(b)When it is proven that a person killed unintentionally, he is exiled to one of the six Arei Miklat (Cities of Refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to Galus.

(c)If the unintentional murderer leaves his City of Refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.

13)[line 33]שור הנסקלSHOR HA'NISKAL

An animal that killed a person is stoned to death by Beis Din, as described in Shemos (21:28-31). After it is sentenced to be stoned, it is Asur b'Hana'ah.

14)[line 34]תשלומי ארבעה וחמשהTASHLUMEI ARBA'AH V'CHAMISHAH - a thief's quadruple and quintuple restitution for the theft and subsequent slaughter or sale of a sheep or ox, respectively

(a)If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel."

(b)If the object that was stolen was a live sheep or ox, and the thief either slaughtered or sold it, the Torah (Shemos 21:37) places an even stiffer fine on the thief. In the case of a stolen sheep that was slaughtered or sold, the thief must compensate the owner a total of four times its actual value ("Arba'ah"), while in the case of a stolen ox that was slaughtered or sold the thief must compensate the owner a total of five times its actual value ("Chamishah"). This law does not apply to any other object or animal that is stolen. Chazal (Bava Kama 79b) explain that the Torah was more lenient with a person who steals a sheep than with one who steals an ox, since he already suffered a somewhat demeaning experience of walking with a sheep on his shoulders (as opposed to the ox-thief, who presumably led the ox on foot before him).

(c)A thief does not pay Arba'ah v'Chamishah for slaughtering a sheep or ox unless he, or a person he appoints, performs a proper ritual slaughter (i.e. a Shechitah of the type that normally permits an animal to be eaten). According to some Amora'im (Bava Kama 68a), a thief does not pay Arba'ah v'Chamishah for selling a sheep or ox unless he sold it after "Ye'ush Ba'alim" (i.e. the owner lost all hope of recovering the sheep or ox, see Background to Gitin 37:30:a), while according to others he only pays Arba'ah v'Chamishah if he sells it before Ye'ush Ba'alim.

(d)Arba'ah v'Chamishah, like any other payment that involves over-compensation for a monetary loss, is considered a "Kenas" (penalty) rather than "Mamon" (compensation). As is true of every Kenas, a thief does not have to pay Arba'ah v'Chamishah if he admits to his guilt of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to his guilt of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay Arba'ah v'Chamishah (Bava Kama 74b-75a - he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until he is obligated to pay the Arba'ah v'Chamishah in court, the thief is fully exempt from payment and does not even have a moral obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also RAMBAN in Milchamos HaSh-m at the end of the third Perek of Kesuvos).

15)[line 38]וכל חבורתאV'CHOL CHAVURASA- the entire group of students

16)[line 47]דקם ליה בדרבה מיניהD'KAM LEI BID'RABAH MINEI

See Background to 30:1.

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