[34a - 36 lines; 34b - 46 lines]

1)[line 1]שחיטה שאינה ראויה לא שמה שחיטהSHECHITAH SHE'EINAH RE'UYAH, LO SHEMAH SHECHITAH

(a)A proper Shechitah (slaughter) that does not permit the animal to be eaten is referred to as a Shechitah she'Einah Re'uyah. (A Shechitah that was not performed properly is not a Shechitah she'Einah Re'uyah. It is not a Shechitah at all.)

(b)The Shechitah of a Parah Adumah and a Shor ha'Niskal are examples of Shechitah she'Einah Re'uyah, because even after their slaughter, they may not be eaten.

2)[line 15]מעשה שבתMA'ASEH SHABBOS- something that was produced on Shabbos by transgressing one of the 39 forbidden Melachos

3)[line 35]דבר הגורם לממוןDAVAR HA'GOREM L'MAMON, K'MAMON DAMI

(a)Davar ha'Gorem l'Mamon refers to an object which is forbidden to eat, use, or derive benefit from in any way; and yet, when this object is destroyed, it causes a financial loss. Examples of such objects are: (1) an object from which it is forbidden to derive benefit from at present but will be Mutar b'Hana'ah in the future, such as Chametz on Pesach according to the view of Rebbi Shimon who permits its use after Pesach; (2) an item which became Asur b'Hana'ah or invalidated (such as an animal upon which Beis Din decreed the death penalty) while in the domain of someone other than the owner who had agreed to guard the item. Under certain circumstances, the Shomer may return such an item "as is" (though it is now worthless) to the owner, and he need not replace it with a different object of similar value; (3) a Korban which, if lost, must be replaced by he who designated it as such.

(b)The Tana'im disagree as to whether a person who steals or damages such an item is liable to pay for the damage (since he caused the owner/Shomer a financial loss) or not (since it is worthless at present).

34b----------------------------------------34b

4)[line 9]במחתרתB'MACHTERES - in a tunnel

(a)A person is allowed to save himself from a "Rodef" (an assailant pursuing him with the intention of murdering him), even by killing the Rodef, if he cannot save himself in any other way. In this situation, the Torah teaches, "ha'Ba l'Horgecha, Hashkem v'Horgo" - "When someone tries to kill you, rise up and kill him first."

(b)A thief who clandestinely tunnels into a house with the intention of stealing the owner's property is suspected of intending to murder the owner should he try to stop the would-be thief. Therefore the Torah states that it is permitted to kill a thief who is found tunneling into one's house (Shemos 22:1).

(c)If it is clear that the thief, should he be discovered, has no intention of murdering the owner of the house, such as a father who is tunneling into the house of his son, it is prohibited to kill him (ibid. 22:2, see RASHI).

(d)Since the thief, while tunneling, may be killed, Rabah rules that should he steal and slaughter an animal in the tunnel, he cannot be obligated in court to pay for the theft like an ordinary thief. It is considered as if he is liable to the death penalty at the time of the theft and we apply to him the rule of "Kam Lei bid'Rabah Minei," absolving him of any monetary liability (see Background to Kesuvos 30:1).

5)[line 16]התראתוHASRA'TO (HASRA'AH)

If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty (or with lashes) for doing it," or something to that effect. The warning must specifically name the Lav or Av Melachah that the person is about to transgress.

6)[line 40]חייבי מיתות שוגגין וחייבי מלקיות שוגגיןCHAYAVEI MISOS SHOGEGIN V'CHAYAVEI MALKIYOS SHOGEGIN- that is, people who committed capital crimes or transgressed prohibitions that are liable to Malkus (lashes) and did not receive a proper warning

7)[last line]"ולא יהיה אסון...""V'LO YIHEYEH ASON..."- "[If men quarrel, and hurt a pregnant woman, so that she loses her babies,] and yet no further harm follows; [he shall be surely punished, when the woman's husband demands payment from him in court; and he shall pay as the judges determine.]" (Shemos 21:22)

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