[37a - 34 lines; 37b - 46 lines]

1)[line 3]דיה שעתהDAYAH SHA'ATAH

(a)The Mishnah (Nidah 2a) discusses the case of a woman who finds Dam Nidah (menstrual blood) during an internal check with a Bedikah-cloth. The question in the Mishnah is whether we are to assume that the blood that was found is fresh (Dayah Sha'atah) or whether it has been there for some time, in which case the woman will be judged to be Teme'ah retroactively from the time the blood reached the Bayis ha'Chitzon. Shamai rules that the Halachah of Dayah Sha'atah applies for all women, whenever blood is found. Hillel rules that menstrual blood is Metamei retroactively back to the last time that the woman checked herself (mi'Pekidah l'Pekidah). Chachamim rule that menstrual blood is Metamei retroactively back to the last time that the woman checked herself or back 24 hours, whichever is less. The Halachah follows Chachamim.

(b)The Gemara (ibid. 3b) concludes that even according to those who judge the woman to be Teme'ah retroactively, this is only a Chumra d'Rabanan with regard to Terumah and Kodshim. With regard to making her husband and Chulin Teme'im, and with regard to her status mid'Oraisa, she is Tehorah, since she had a Chezkas Taharah.

(c)Certain women who clearly have stopped their regular cycle have a Din of Dayah Sha'atah even according to Hillel and Chachamim (see Nidah 7a-11a). Rebbi Elazar rules that if a woman misses three periods, her status is Dayah Sha'atah, and any blood that she sees is not judged Tamei retroactively.

2)[line 4]ומטמאה מעת לעת ומפקידה לפקידהU'METAM'AH ME'ES L'ES UMI'PEKIDAH L'PEKIDAH- and we consider her to be Teme'ah retroactively back to her last Bedikah or for the last 24 hours, whichever is the lesser amount of time

3)[line 16]משמשת במוךMESHAMESHES B'MOCH- has relations using cloths to prevent her from becoming pregnant

4)[line 17]מנטרא נפשהMENATRAH NAFSHAH- she guards herself [and makes sure that she does not become pregnant]

5)[line 19]יוצאה בשן ועיןYOTZ'AH B'SHEN V'AYIN

(a)If the owner of an Eved Kena'ani (a Nochri slave) hits his slave and wounds him by taking out the slave's eye or permanent tooth, the slave becomes entitled to his freedom (Shemos 21:26-27). The owner must intentionally wound him, but need not intend to wound him specifically in the eye or tooth (Kidushin 24b).

(b)The same applies if the master dismembers one of the slave's 24 Roshei Evarim (limb-tips). The 24 Roshei Evarim are the ten fingers, ten toes, nose, ears and the male Ever (RASHI to Gitin 42b DH b'Chulan). The Gemara (Kidushin 24a) adds more limbs for which this Halachah applies.

(c)The requirement to free the slave under such circumstances is considered a Kenas (a penalty or fine), which is imposed upon the master for unjustly wounding his slave (Bava Kama 74b; see Rashi to Gitin, top of 21b). Therefore, if the owner admits that he is guilty of taking out his slave's tooth or eye, he need not free the slave (Bava Kama ibid.; see Background to Gitin 43:1).

6)[line 20]כל ממילאKOL MIMEILA- all cases that happen in an unpredictable or unexpected manner

7)[line 25]מתהפכתMIS'HAPECHES- turns over (in such a way that prevents an unwanted pregnancy)

37b----------------------------------------37b

8)[line 11]עיר מקלטוIR MIKLATO - His City of Refuge

(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).

(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.

9)[line 20]נתערפה עגלהNIS'ARFAH EGLAH (EGLAH ARUFAH)

(a)If a Jew is found murdered in a field (in Israel) and it is not known who the murderer is, the Torah requires that an Eglah Arufah be brought in order to atone for the blood that was spilled (Devarim 21:1).

(b)Five elders of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court) measure the distance between the dead body and the cities around it to determine which city is closest to it.

(c)The elders of the city that is closest to the corpse must bring a female calf that has never been worked to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI). They strike it on the back of its neck (Arifah) with a cleaver, severing its spinal column, gullet and windpipe.

(d)The elders of the closest city then wash their hands there and say, "Our hands have not spilled this blood, and our eyes did not see [the murder]" (Devarim 21:7). This includes a proclamation that the dead man was not sent away from the city without the proper food for his journey or the proper accompaniment. The Kohanim that are present say, "Atone for Your people Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for] innocent blood in the midst of Your people Yisrael" (ibid. 21:8). After this procedure, HaSh-m will grant atonement for the innocent blood that was spilled (RAMBAM Hilchos Rotze'ach 9:3).

10)[line 24]בסייףB'SAYIF (ARBA MISOS BEIS DIN)

See Background to 30:5.

11)[line 28]בקופיץB'KOFITZ- with a cleaver

12)[line 29]וממול עורףUMI'MUL OREF- and on the back of the neck

13)[line 32]"כל חרם אשר יחרם מן האדם לא יפדה...""KOL CHEREM ASHER YACHORAM MIN HA'ADAM LO YIPADEH..."- "Any condemned person who is doomed to death shall not be redeemed; [but shall surely be put to death.]" (Vayikra 27:29) - Our Gemara explains that this verse refers to one who pledges to Hekdesh the endowment value (see next entry) of a person liable to the death penalty. The verse teaches that the pledge is meaningless.

14)[line 34]ערכוERKO ALAI (ERECH)

(a)If one wishes to pledge the value of an individual - whether himself or another - to Hekdesh, there are two ways to do so. The first is to appraise him based upon how much he would fetch on the slave market. This takes into account factors such as physical strength, trade skills, health, etc. This is known as the Damim - worth - of a person.

(b)In addition, every individual has a Torah value, known as an "Erech." An Erech (endowment valuation) refers to a special form of vow. If a person declares, "Erech Ploni Alai" - "I accept upon myself to give the endowment value of so-and-so [to Hekdesh]," he must give the specific value that the Torah designates for the person's gender and age group as stated in Vayikra 27:1-8. It makes no difference at all whether the person is healthy or sick, strong or weak.

(c)If one wishes to pledge the value of an individual - whether his own or that of someone else:

1.For ages 1 month to 5 years - the Erech for males is 5 Shekalim and for females is 3 Shekalim

2.For ages 5 years to 20 years - the Erech for males is 20 Shekalim and for females is 10 Shekalim

3.For ages 20 yrs. to 60 years - the Erech for males is 50 Shekalim and for females is 30 Shekalim

4.For ages 60 years and older - the Erech for males is 15 Shekalim and for females is 10 Shekalim

(d)The value of an Erech is negotiable. The Torah states, "But if he is too poor to afford your estimation, [then the subject of the pledge shall be made to stand before the Kohen, and the Kohen shall reevaluate him; the Kohen shall evaluate him according to what he who pledged can afford]" (Vayikra 27:8).

15)[line 43]אם כופר יושת עליוIM KOFER YUSHAS ALAV (CHIYUV KOFER)

(a)SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring. (See Background to 15:37.)

(b)CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the owner of the ox is Chayav Misah b'Yedei Shamayim. He can redeem himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho" (Shemos 21:30). The amount paid as Kofer is defined as either the owner's value, or the dead man's value, according to the various opinions of the Tana'im (Makos 2b). If the ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's owner.

(c)CHATZI KOFER - Although the owner of a Shor Tam pays half of the damages that it causes, the Tana'im argue as to whether he must pay half of the Kofer if his ox kills a person. Rebbi Eliezer learns that he does not from the verse, "u'Ba'al ha'Shor Naki." (Bava Kama 41b). Rebbi Yosi ha'Glili argues, ruling that there is a liability for Chatzi Kofer (Kesuvos 41b).

16)[line 44]שלא ניתנה שגגתן לכפרהSHE'LO NITNAH SHIGEGASAN L'CHAPARAH- where the exact same action done unintentionally does not incur any liability to a Korban or to exile or to any other forms of punishment

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