KESUVOS 45 - Dedicated by Dr. Yehoshua Daniel of Efrat, Israel, to honor the memory of his mother z"l, Musha bas Chaim Ze'ev Ha'levi.

[45a - 22 lines; 45b - 50 lines]

1)[line 2] RE'U GIDULIM SHE'GIDALTEM!- see whom you have raised!

2)[line 4]SARCHAH- if she sinned [by committing adultery while betrothed]

3)[line 5] , KOL HEICHA D'ISHTENI GUFA, ISHNTENI KETALA- whenever the body undergoes a change [such that if one sinned now, the death penalty would differ], the death penalty changes [to that which is currently fitting]

4)[line 9]ZOMEMEHA (EDIM ZOMEMIM)

See Background to 19:17.

5)[line 9] MAKDIMIN L'VEIS HA'SEKILAH- (a) we take them immediately to where they will be stoned; i.e., there is no way for them to avoid this fate (RASHI); (b) we prefer to take them to where they will be stoned [although if this is not possible, a different death will suffice] (TOSFOS to Makos 2a DH Kol)

6)[line 13]B'ALMA- generally speaking

7)[line 14] V'ILU MOTZI SHEM RA BI'SEKILAH- (a) whereas a Na'arah accused of adultery during betrothal by her husband after their marriage receives Sekilah [even though had she committed adultery now, she would receive Chenek] (RASHI; TOSFOS DH Amar, first explanation); (b) whereas a Na'arah who commits adultery after her marriage [but before relations with her husband] receives Sekilah (RASHBAM; RAMBAM cited by TOSFOS DH Amar) (see Insights)

8)[line 16] KI CHADIS RACHMANA- when the Torah teaches this exceptional Halachah

9)[line 19] ISHTENI V'LO ISHTENI- whether or not a change [in status leads to a change in the Halachah]

10)[line 20]CHAT'U (SE'IR NASI / PAR KOHEN MASHI'ACH)

[I] PAR KOHEN MASHI'ACH - The Bull Offered by the Kohen Gadol to Atone for his Mistaken Ruling

(a)If a Kohen Gadol issues a ruling in error, permitting a transgression punishable by Kares had it been transgressed intentionally, and then acts upon his ruling, he must offer a Par Kohen Mashi'ach to atone for his sin. This Korban consists of one bull offered as a Korban Chatas (RAMBAM Hilchos Shegagos 12:1). If the sin committed was one of idolatry, then his Korban is identical to that offered by any individual in such a situation, and consists of a female sheep or goat.

(b)After its slaughter, the blood of the bull is sprinkled seven times in the Heichal (Sanctuary) of the Beis ha'Mikdash in the direction of the Paroches (curtain dividing the Heichal from the Kodesh ha'Kodashim). It is then applied to the Keranos (cubic Tefach posts placed upon the corners) of the Mizbe'ach ha'Ketores (the smaller altar located in the Heichal upon which incense is burned daily). The Sheyarei ha'Dam (remainder of the blood) is poured on the western Yesod (base) of the Mizbe'ach, whereas the Emurim (innards and certain fats) are burned on the Mizbe'ach ha'Chitzon (outer Mizbe'ach).

(c)The flesh and remaining parts of the bull are burned outside of Yerushalayim (Vayikra 4:1-12, Bamidbar 15:22-26). The clothing of those who carry the carcass out of the Azarah become Tamei. (According to Rebbi Shimon [Yoma 67b], those involved with burning the Paros are also Metamei Begadim.)

[II] SE'IR NASI - The Goat Offered by a Jewish King to Atone for an Inadvertent Sin

(a)Should one transgress a sin b'Shogeg (unintentionally) for which he would have been liable to receive the punishment of Kares (see Background to Pesachim 32:16) had he done so b'Mezid (intentionally), he must offer a Korban Chatas. For a common member of Klal Yisrael, this Korban consists of a female goat or sheep. A Jewish King, however, offers a male goat.

(b)One who offers a Korban Chatas first leans on the animal with all his might (Semichah) in the northern part of the Azarah (inner courtyard of the Beis ha'Mikdash). He then recites Viduy, confessing his sin and asking HaSh-m for forgiveness. The animal is then immediately slaughtered. The blood of the Chatas is applied to the Keranos (cubic Amah posts on the corners of the Mizbe'ach) beginning with the southeastern corner of the Mizbe'ach and continuing to the northeastern, northwestern, and southwestern corners. The remaining blood is then spilled onto the Yesod (base) of the Mizbe'ach. The Eimurim (parts of a Korban that are burned upon the Mizbe'ach; see Background to Yevamos 7:17) of the Chatas are offered on the Mizbe'ach. Certain parts of the Korban are eaten by Kohanim in the Azarah; they must be consumed before the day following its offering (Vayikra 4:27-31).

(c)Rebbi Eliezer rules that a king offers a male goat not only in circumstances under which one would normally offer a Korban Chatas, but also for sins that would normally obligate one in a Korban Oleh v'Yored (see Background to Zevachim 89:13) (Horayos 9a).

11)[line 20] AD SHE'LO NISMENU- before they were appointed [as Kohen Gadol or king]

12)[line 21]K'HEDYOTOS- as commoners [in that they offer a female goat or sheep as a Korban Chatas; see above, entry #10]

13)[line 21] IM NODA LA'HEM- if they become aware [of their sin]

14)[last line]PETURIM- they are exempt from offering any Korban. Rav Nachman bar Yitzchak suggests that this is because Rebbi Shimon is of the opinion that since his status changed, his obligation from prior to that change is no longer applicable.

45b----------------------------------------45b

15)[line 1]EIMUR- we can say; i.e., it could be

16)[line 1] D'AZIL AF BASAR YEDI'AH- that [the] knowledge [of one's sin] is also a factor [when determining what Korban he must offer]

17)[line 3]''IM KEN- if it were so [that Rebbi Shimon considers one's current status as the only determining factor]

18)[line 4] ' HA'AMAR LEI REBBI YOCHANAN L'TANA- (the Gemara answers) Rebbi Yochanan indeed told he who taught [this statement of Shila]

19)[line 5] TENI TIDON BI'SEKILAH- teach [at the end of Shila's statement], "She is punished with stoning" [(a) resulting in only two ways in which the death penalty is carried out against a Na'arah instead of three (MAHARAM SHIF); (b) and the third way differs from the first two in that it takes place in the Beis ha'Sekilah as opposed to her father's house or the city gates (SHITAH MEKUBETZES; RAMBAM Hilchos Isurei Bi'ah 3:9)]

20)[line 7]"[ -] [- -, ...]""[V'HOTZI'U ES] HA'NA'ARAH [EL PESACH BEIS AVIHA, U'SEKALUHA ANSHEI IRAH ...]"- "[And they shall bring] the maiden [out to the entrance of her father's house, and the men of her city shall stone her...]" (Devarim 22:21) - This verse could just as easily have stated, "And they shall bring her..."

21)[line 7] HA'NA'ARAH SHE'HAYESAH KEVAR- (this can be read as) she who was once a Na'arah

22)[line 10] !RACHMANA NITZLAN ME'HAI DA'ATA!- May HaSh-m save us from that (i.e., your) opinion! Because this differentiation depends on logic as opposed to a derivation (as the Gemara will explain), Rebbi Ila'a felt that he did not need to explain his reasoning.

23a)[line 13] ZU MA'ASEHA GARMU LAH- the [adulterous] actions of this [Na'arah] caused her [to receive the death penalty]

b)[line 13] V'ZEH AKIMAS SEFASAV GARMU LO- and the false testimony (lit. curving of the lips) of this [plotting husband] caused him [to receive lashes and pay a fine]

24)[line 15]ZANA'I- had illicit relations

25)[line 21] AL PESACH BEIS DIN- outside of Beis Din (as opposed to inside of Beis Din, since if the death penalty was administered inside of Beis Din it would appear as if they regularly put people to death (TOSFOS DH Al))

26)[line 26]"[ - - - -... , .]""[V'HOTZESA ES HA'ISH HA'HU... EL] SHE'ARECHA... [U'SEKALTAM BA'AVANIM VA'MESU.]"- "[And you shall bring that man or woman who committed this evil action out to] your gate [... and you shall stone them with stones and they shall die.]" (Devarim 17:5) - This verse describes the punishment of one who worshipped an idol.

27a)[line 26] SHA'AR SHE'AVAD BO- the gate [of the city] in which he worshipped

b)[line 28] SHA'AR SHE'NIDON BO- the gate [of the city] in which he was judged [by Beis Din]

28)[line 29]"[- ] [-' - - '-, .]""[KI YIMATZEI B'KIRBECHA B'ACHAD] SHE'ARECHA..."- "[If a man or woman who committed evil in the eyes of HaSh-m your G-d, to transgress His covenant, should be found amongst you in one of] your gates [that HaSh-m your G-d has given to you.]" (Devarim 17:2)

29)[line 32] !HA APIKTEI!- you have [already] utilized it [for a derivation]!

30)[line 35]"[... -] [ ...]""[... V'ES MASACH] PESACH SHA'AR [HE'CHATZER...]"- "[... and the curtain of] the entrance of the gate [of the courtyard...]" (Bamidbar 4:26) - This verse delineates the parts of the Mishkan (Tabernacle) carried by the sons of Gershon in the desert. Based on the proximity of the word "Pesach" to the word "Sha'ar" in this verse, the Rabanan taught that Motzi Shem Ra (in which the death penalty is carried out at the "Pesach") shares those Halachos specific to idol worship (in which the death penalty is carried out at the "Sha'ar"). It is not, however, a true Torah derivation (see Insights to 46a).

31)[line 38] LOKEH MI'KOL MAKOM- he receives lashes no matter the circumstances

32)[line 38]BA'AL- if he had relations [with her first]

33)[line 39] PELUGTA D'REBBI ELIEZER BEN YAKOV V'RABANAN- the disagreement between Rebbi Eliezer ben Yakov [who maintains that the specific Halachos of Motzi Shem Ra apply only when he slandered her after first having had relations with her] and the Rabanan [who maintain that the Halachos apply even when he brought witnesses after the marriage but before having relations with her] (46a)

34)[line 42] ''LI'LKOS LOKEH MI'KOL MAKOM- Rebbi Yehudah is of the opinion that one receives Malkus for transgressing a negative prohibition that does not require an action (see Insights).

35)[last line] MAKAS MARDUS D'RABANAN - Lashes Administered to One who Defies the Chachamim

If one acts in defiance of the Chachamim, Beis Din may administer lashes even when his actions do not warrant such a punishment according to Torah law. These lashes are termed Makas Mardus (lashes of rebelliousness), and unlike Malkus administered to one who transgresses a negative Torah prohibition, they are not limited in number. (See Insights to Chulin 110:1 for a discussion of the various opinions regarding how Makas Mardus are administered.)

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