[73a - 48 lines; 73b - 37 lines]
1)[line 1]שמצילין אותן בנפשןMATZILIN OSAN B'NAFSHAN- (a) we save them [from sinning] by killing them [first] (RASHI, TOSFOS DH l'Hatzilo); (b) we save [their intended victim] by killing them [first] (YAD RAMAH)
2)[line 2]ואחר הזכרACHAR HA'ZACHAR- after a man [to sodomize him]
3)[line 3]הנערה המאורסהNA'ARAH HA'ME'ORASAH (ADULTERY: PENALTY: NA'ARAH HA'ME'ORASAH)
(a)A Na'arah is a woman during the six months following the confluence of her having reached twelve years of age and having attained physical maturity. A Me'orasah is a woman betrothed through Kidushin, who has not completed the marriage with Chupah and Nisu'in. The penalty for the rape of a Na'arah Me'orasah is death by Sekilah (stoning - Devarim 22: 24- 25). If she is a Bogeres (a woman after the six-month period of Na'arus), a Be'ulah (a non-virgin), or if she had once been married, then he receives the death penalty of Chenek (choking; see Background to Sanhedrin 8:58) instead of Sekilah.
(b)Our Mishnah explains that if one is pursuing a Na'arah ha'Me'orasah with intention to rape her, then another is permitted to kill him in order to save the Na'arah. This allowance does not apply only to this case and that of sodomy; any rape punishable by either a death penalty administered by Beis Din (see below, entry #20) or Kares (see below, entry #21) may be prevented through the killing of the would-be rapist.
4)[line 7]"לֹא תַעֲמֹד עַל דַּם רֵעֶךָ...""LO SA'AMOD AL DAM RE'ECHA..."- "... do not stand upon the blood of your fellow..." (Vayikra 19:16). This verse adjures one not to stand idly by while another dies.
5)[line 9]טובעTOVE'A- drowning
6)[line 10]חיה גוררתוCHAYAH GORARASO- a wild animal is dragging him, i.e., mauling him
7)[line 10]לסטיןLISTIN- bandits
8)[line 14]לפוגמהL'FOGMAH- to blemish her. A betrothed virgin who has been violated is no longer as desirable to her husband as she had been prior to the violation.
9)[line 16]על אחת כמה יכמהAL ACHAS KAMAH V'CHAMAH- all the more so [since the blemish of death is greater than that of rape]
10)[line 16]וכי עונשין מן הדין?V'CHI ONSHIN MIN HA'DIN? - may we administer a punishment based on a logical argument? (KAL VA'CHOMER)
(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Kal va'Chomer. This is a logical argument in which proof of a law is shown by means of an already proven stronger law. A Kal va'Chomer can be applied to permit (i.e., something must be permitted since that which is more likely to be forbidden is already permitted) as well as to forbid (i.e., something must be forbidden since that which is more likely to be permitted is already forbidden).
(b)Because a Kal va'Chomer is based upon pure logic, one need not have a tradition in order to apply it. In this respect, a Kal va'Chomer differs from the other thirteen methodologies found in the Beraisa. On the other hand, a Kal va'Chomer has a weakness. It may be applied only if there is no logical argument that the "weaker" law is not stronger than the "stronger" law in any way. If such an argument, known as a "Pirchah," exists, then the Kal va'Chomer may not be applied (this is similar to a Binyan Av; see Background to Bava Kama 88:15). Additionally, most opinions maintain that a punishment cannot be administered for a prohibition derived through a Kal va'Chomer or a Binyan Av. This is termed "Ein Onshim Min ha'Din."
11)[line 17]הקישא הואHEKEISHA HU - it is a comparison [of two subjects] (HEKESH)
(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is "Hekesh." A Hekesh entails comparing two subjects that are mentioned together in one verse or neighboring verses.
(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see previous entry), Binyan Av (see Background to Bava Kama 88:15), or Gezeirah Shavah (see below, entry #31) do not prevent the learning of one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").
12)[line 18]"כִּי כַּאֲשֶׁר יָקוּם אִישׁ עַל-רֵעֵהוּ וּרְצָחוֹ נֶפֶשׁ, כֵּן הַדָּבָר הַזֶּה""KI KA'ASHER YAKUM ISH AL RE'EHU U'RTZACHO NEFESH, KEN HA'DAVAR HA'ZEH"- "... for as a man stands against his fellow and murders him, so is this matter" (Devarim 22:26). This verse, according to its simple meaning, comes to explain why a woman who was raped in a place where she was unable to cry out for help is exempt from punishment.
13)[line 19]מעתהME'ATAH- at this point [we can conclude]
14)[line 19]הרי זה בא ללמד, ונמצא למדHAREI ZEH BA L'LAMED, V'NIMTZA LAMED- this [topic of murder] ostensibly comes to teach, but ends up being the subject of a lesson
15)[line 24]"[כִּי בַשָּׂדֶה מְצָאָהּ; צָעֲקָה הַנַּעֲרָ הַמְאֹרָשָׂה,] וְאֵין מוֹשִׁיעַ לָהּ""... V'EIN MOSHI'A LAH"- "[For he found her in the field; the betrothed maiden cried out,] and there was no one to save her" (Devarim 22:27). This verse explains why a Na'arah ha'Me'orasah (see above, entry #3) is exempt from punishment when she was raped and was unable to attract the attention of one who could save her.
16)[line 29]אבדת גופו מניין?AVEDAS GUFO MINAYIN?- how do we know [that one is not only obligated to return a lost item to its owner, but that he is even obligated to return] one's lost self [to himself] (i.e., to save his life)?
17)[line 30]"וְאִם לֹא קָרוֹב אָחִיךָ אֵלֶיךָ וְלֹא יְדַעְתּוֹ, וַאֲסַפְתּוֹ אֶל תּוֹךְ בֵּיתֶךָ וְהָיָה עִמְּךָ עַד דְּרֹשׁ אָחִיךָ אֹתוֹ] וַהֲשֵׁבֹתוֹ לוֹ""... VA'HASHEVOSO LO"- "[And if your brother is not close to you and you do not know him, then you shall gather it into your house and it shall remain with you until your brother seeks it out,] and you shall return it to him" (Devarim 22:2). This verse discusses the return of a found item. The words "and you shall return it to him" are seemingly extraneous.
18)[line 31]בנפשיהB'NAFSHEI- with his own [nominal] effort
19a)[line 31]מיטרחMITRACH- to exert himself
b)[line 31]ומיגר אגוריMEIGAR AGUREI- to [expend money and] hire others
20)[line 34]חייבי מיתות בית דיןCHAYAVEI MISOS BEIS DIN - The Death Penalties Administered by Beis Din
(a)One who transgresses certain sins, after receiving a proper warning and in front of two witnesses, receives the death penalty from Beis Din (Devarim 21:22). The four death penalties administered by Beis Din are Sekilah, Sereifah, Hereg, and Chenek. See Background to Sanhedrin 8:58.
(b)The Beraisa cited in our Gemara teaches that if one is pursuing another with intent to rape, and their relationship is one that is punishable by death (Sekilah, Sereifah, or Chenek), then an observer may save the intended victim by killing the would-be rapist. See Mishnayos on 53a, 75a, and 84a.
21)[line 35]חייבי כריתותCHAYAVEI KERISOS (KARES AND MISAH B'YEDEI SHAMAYIM: Heavenly Punishment of Untimely Death)
(a)Some sins are so severe that they are punished with untimely death. There are two types of untimely death that are used as heavenly punishments: Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the world and dying before one's time. Misah b'Yedei Shamayim means "death at the hands of heaven." These punishments are not administered by the courts, but through divinely administered justice.
(b)One who deliberately transgresses a commandment that is punishable with either Kares or Misah b'Yedei Shamayim is punished even if there are no witnesses to his act, and even if he was not warned at that time of his transgression that his violation will result in his untimely death.
(c)The Tif'eres Yisrael, in his commentary to Sanhedrin 9:6, lists a number of differences between Misah b'Yedei Shamayim and Kares:
1.One who is punished with Kares will die before age 60 (according to Moed Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim 2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to Moed Katan ibid., or before the age of 60, according to the Yerushalmi ibid.)
2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and RASHI there; see, however, RIVA in Tosfos to Yevamos 2a DH Eshes, who maintains that Kares only involves the death of one's children in the two cases where the Torah adds the word "Ariri." However, he might be referring to the death of children who are not minors.)
4.In addition to the above, in certain instances a form Kares is prescribed in which the sinner not only dies before his time but is also 'severed' (Nichras) from receiving a portion in the World to Come (see Sanhedrin 64b, 90b).
(d)As stated in the Mishnah at the beginning of Kerisus, there are 36 sins listed in the Torah for which one receives Kares: the sixteen forbidden conjugal relations listed in the Torah (Vayikra 18); one who curses G-d; an idol worshipper; one who worships Molech (see Background to Sanhedrin 53:5); one who practices Ov (see Background to Pesachim 113:62); one who desecrates Shabbos; one who ate Kodshim or entered the Mikdash while in a state of Tum'ah; one who consumed blood, Nosar (see Background to Pesachim 120:9), or Pigul (see Background to 6:60); one who slaughters or offers a sacrifice outside of the Mikdash; one who eats Chametz on Pesach; one who eats or performs Melachah on Yom Kipur; one who compounds Shemen ha'Mishchah (the oil made by Moshe Rabeinu to anoint the Mishkan and its vessels, Kohanim Gedolim, and the kings of the Davidic dynasty) or the Ketores (see Background to 11:25) for his own use; one who anoints himself with Shemen ha'Mishchah; one who neglects to give himself a Bris Milah; and one who neglects to offer a Korban Pesach.
(e)The Beraisa cited in our Gemara teaches that if one is pursuing an Ervah with intent to rape, and relations with that Ervah are punishable by Kares, then an observer may save the intended victim by killing the would-be rapist.
22)[line 35]אלמנה לכהן גדול / גרושה וחלוצה לכהן הדיוטALMANAH L'CHOHEN GADOL / GERUSHAH VA'CHALUTZAH L'CHOHEN HEDYOT - Women whom Kohanim may not Marry
(a)A Kohen may not marry a divorcee (Gerushah), Zonah (see Background to Yevamos 81:4) or Chalalah (see Background to Gitin 59:77) (Vayikra 21:7). A Kohen Gadol may not marry a widow, in addition to these women (Vayikra 21:14). A male child born of one of these forbidden unions is called a "Chalal", and he is not a Kohen. Due to her similarity to a divorcee, the Rabanan prohibited a Chalutzah (see Background to Bava Metzia 16:41) to a Kohen as well.
(b)These relationships (with the exception of a Chalutzah, whose prohibition is even less severe) are forbidden by negative Torah prohibitions. One who transgresses them is liable to receive neither Misas Beis Din nor Kares, but rather Malkus (lashes).
23)[line 40]הניחו לו שלא יהרגנהHANICHU LO SHE'LO YAHARGENAH!- leave him be lest he kill her (referring to herself in the third person)!
24)[line 41]"(ולנער כ') [וְלַנַּעֲרָה] לֹא תַעֲשֶׂה דָבָר; אֵין (לנער כ') [לַנַּעֲרָה] חֵטְא מָוֶת...""V'LANA'ARA[H] LO SA'ASEH DAVAR; EIN LA'NA'ARA[H] CHET MAVES..."- "And nothing should be done to the maiden; the maiden has not committed a sin worthy of death..." (Devarim 22:27). The words "Ein la'Na'arah Chet Maves" - "the maiden has not committed a sin worthy of death" - are seemingly extraneous. Our Gemara therefore derives laws from each word.
25a)[line 42]"נער", זה זכור"NA'AR" ZEH ZACHUR- The word "Na'arah" in this verse is written without a "Heh" at the end. Without vowelization, it therefore appears to spell "Na'ar." Since the entire word is extraneous, our Gemara derives laws from both the way that it is spelled (Masores) and the way that it is pronounced (Mikra). From the way that it is written we derive that it is permitted to kill a man who is in pursuit of another male with intent to sodomize him.
b)[line 42]"נערה" זו נערה המאורסה"NA'ARAH" ZO NA'ARAH HA'ME'ORASAH- "Na'arah" (the way that the word is pronounced) refers to [one who is pursuit of] a Na'arah ha'Me'orasah [with intent to rape her]
26)[line 45]דלאו אורחיהLAV ORCHEI- it is unnatural for him [to be sodomized, and his shame (Pegam) is therefore great]
27)[line 47]דקא פגים להKA PAGIM LAH- he blemished her [as she is no longer a virgin, and is therefore not as desirable to her husband]
28)[line 2]שאר עריותSHA'AR ARAYOS- other forbidden relations [whom one is pursuing with intent to rape them]
29)[line 2]ולא נפיש פיגמייהוLO NAFISH PIGMAIHU- their blemish is not as great [since those who are already married were not virgins to begin with, and those who are not yet betrothed do not have husbands who would find them undesirable]
30a)[line 9]חד למעוטי עובד עבודת כוכביםCHAD L'ME'UTEI OVED AVODAS KOCHAVIM- one comes to exclude idol worship [which one would have otherwise derived from a Kal va'Chomer (as Rebbi Shimon ben Yochai teaches on 74a)]
b)[line 10]וחד למעוטי בהמה ושבתV'CHAD L'ME'UTEI BEHEMAH V'SHABBOS- and the other comes to exclude [one who pursues] an animal [with intent to have relations with it] and [one who intends to profane] Shabbos. It is necessary to exclude the case of an animal since it is similar to Arayos. It is not necessary, however, to exclude Shabbos according to this opinion. This is because only the opinion which maintains that one may kill he who would otherwise worship idols can then learn that it is permissible to kill he who would otherwise profane Shabbos, as the Gemara soon explains. Our Gemara mentions it here only as an aside (bi'Chedi). This also explains how two things can be excluded from one Derashah (see also TOSFOS DH Chilul).
31)[line 13]תיתי שבת מ"חילול" "חילול" מעבודת כוכביםTEISI SHABBOS ME"CHILUL" "CHILUL" ME'AVODAS KOCHAVIM - let it be derived from [the common term] "Chilul" (GEZEIRAH SHAVAH)
(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Gezeirah Shavah, in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.
(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.
(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah." This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.
(d)There are three possible configurations of a Gezeirah Shavah:
1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.
2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against comparing the two sections. This status is known as "Lemedin u'Meshivin." Others rule that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim.
3.EINO MUFNEH KOL IKAR - If neither word is free, then those who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied the status of Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.
(e)Regarding Shabbos, the Torah states, "Mechalaleha Mos Yumas" - "those who profane it shall surely be put to death." Regarding idol-worship, the Torah states, "v'Lo Sechalel Es Shem El-kecha, Ani HaSh-m." Since these similar terms are used respectively regarding the death penalty, Rebbi Elazar b'Rebbi Shimon derives a Gezeirah Shavah from them (TOSFOS DH Chilul).
32)[line 18]איידי דכתב רחמנא "נער", כתב נמי "נערה"AIDI D'CHASAV RACHMANA "NA'AR," KASAV NAMI "NA'ARAH"- since the Torah wrote "Na'ar" [in order to exclude Behemah], it also wrote "Na'arah" [so that the word makes sense in the context of the Parshah, which discusses a Na'arah ha'Me'urasah]
33)[line 21]במקפדת על פיגמהMAKPEDES AL PIGMAH- [a woman] who is distressed with the blemish [of the loss of her virginity] (as opposed to one who has been seduced)
34)[line 24]דמסרה נפשה לקטלאMASRAH NAFSHAH LI'KETALAH- [we are afraid that] she will give up her life [rather than submit to the rape]
35)[line 26]אלמנה לכהן גדול נמי קא פגים להALMANAH L'CHOHEN GADOL NAMI KA PAGIM LAH - a widow to the Kohen Gadol also blemishes her (CHALALAH)
(a)A divorcee or Zonah (see Background to Gitin 79:53) who has relations with any Kohen - or a widow who has relations with a Kohen Gadol - becomes a "Chalalah." Any female children born of such a union are also Chalalos. In addition, any Jewish woman who has relations with a Chalal becomes a Chalalah, notwithstanding that which such a relationship is perfectly permissible.
(b)A Chalalah may not marry a Kohen. Should a Kohen and Chalalah marry (and have relations), they both receive Malkus (thirty-nine lashes). Normally, the daughter of a Kohen may eat Terumah as long as she is not married to or has children from a non-Kohen. If, however, she is married to a Kohen or has children from him, than she may eat Terumah even if she is not the daughter of a Kohen. A Chalalah in any of these situations may not eat Terumah (Yevamos 69a).
(c)A Kohen Gadol must marry a Besulah (virgin) (Vayikra 21:13). This is a Mitzvas Asei (positive commandment), which is less severe than a negative one such as those forbidding him from marrying a divorcee, Zonah, etc. Should a Kohen transgress this Aseh and marry a Be'ulah (one who has had relations), the Chachamim maintain that neither does she become a Chalalah nor are the resulting offspring Chalalim. Rebbi Eliezer ben Yakov rules that they are, and the Halachah follows his opinion (Yevamos 59b-60a).
(d)Rav Papa asked Abaye why, according to the opinion of the Chachamim who maintain that the Torah allows one to kill another to save his intended victim from Pegam, one may not kill a Kohen Gadol who intends to rape a widow? She will become a Chalalah through the union, which is also a Pegam!
36a)[line 27]פיגמה רבהPIGMAH RABAH- a [relatively] large blemish (namely, that caused by Arayos, which causes great shame, is punishable by Kares, results in Mamzerim, and renders the woman a Zonah (see Background to Gitin 79:53))
b)[line 28]פיגמה זוטאPIGMAH ZUTA- a [relatively] small blemish (namely, that caused by a relationship prohibited only to a Kohen, since it renders the woman a Chalalah and not a Zonah)
37)[line 29]נערות שיש להן קנסNA'AROS SHE'YESH LA'HEN KENAS - maidens for whom [one who rapes or seduces them] there is a penalty (ONES U'MEFATEH)
(a)If one rapes (Me'anes) a girl between the ages of three and twelve and a half according to the Chachamim or twelve and twelve and a half according to Rebbi Meir (Kesuvos 29a), then he must pay a fine of fifty Shekalim to her father. This is the equivalent of 200 Zuz, the amount of money promised in the case of divorce or widowhood in the standard Kesuvah (marriage document) of a virgin bride. In addition to this fine, he must pay for Pegam, Boshes, and Tza'ar (Kesuvos 39a; see Background to Bava Kama 4:13). If she and her father are agreeable, he must marry her, and he may never divorce her (Devarim 22:28).
(b)If one seduces (Pituy) a girl between the ages of three and twelve and a half according to the Chachamim or twelve and twelve and a half according to Rebbi Meir (Kesuvos 29a), he may marry her. If he is not interested in doing so, or if she or her father are not agreeable to the marriage, then he must pay a fine of fifty Shekalim to her father. This is the equivalent of 200 Zuz, the amount of money promised in the case of divorce or widowhood in the standard Kesuvah (marriage document) of a virgin bride. In addition to this fine, he must pay for Pegam and Boshes; however, a Mefateh does not pay for Tza'ar (Kesuvos 39a; see Background to Bava Kama 4:13). If he does marry her, then he need not pay the fifty Shekel fine. If he should divorce her, however, he must give her this amount for her Kesuvah as if she had been a virgin when he married her (Shemos 22:16).
(c)Our Gemara cites a Mishnah in Kesuvos (29a). It lists women whose fathers receive a fine upon their rape, even though the rapist cannot marry them afterward.
38)[line 30]הבא על אחותוHA'BA AL ACHOSO- one who has relations with his sister. Although one becomes liable to receive Kares for this action, he still becomes obligated to pay a fine. If, however, it was permissible for another to kill him to prevent him from performing this action, then he should be exempt from payment similar to the way in which a Ba b'Machteres or a Rotze'ach is.
39)[line 31]העראהHA'ARA'AH - The Parameters of Intimate Relations
(a)Ha'ara'ah refers to the minimum action necessary that is Halachically considered to constitute intimate relations. This applies whether one is fulfilling a Mitzvah, such as in the case of Yibum (see Background to Gitin 74:19), or whether one is transgressing an Aveirah, such as in the case of Arayos (forbidden relations). Complete relations - defined as those which conclude with ejaculation - are not necessary, as derived from the fact that the verse (Vayikra 20:18) uses the word "He'erah" when describing forbidden relations. This word literally means "to unclothe," and implies that full relations are not required to transgress these sins.
(b)Amora'im disagree as to what constitutes Ha'ara'ah. Some rule that it is merely Neshikas Ever, intimate contact without penetration. Others maintain that Hachnasas Atarah, a minimal penetration, is necessary to constiture Ha'ara'ah (Yevamos 55b).
40)[line 32]ממונא לא משלם עד גמר ביאהMAMONA LO MESHALEM AD GEMAR BI'AH- (a) he is not obligated in the fine until [penetration at] the end of relations [when he irreversibly defiles her] (RASHI); (b) he is not obligated in the fine until [penetration at] the end of relations [when he is no longer exempt from payment due to Kam Lei bid'Rabah Minei] (TOSFOS DH Mamona) (see Insights)
41)[line 33]העראה זו נשיקה... העראה זו הכנסת עטרהHA'ARA'AH ZO NESHIKAH... HA'ARA'AH ZO HACHNASAS ATARAH- see above, entry #39
42)[line 34]מאי איכא למימר?MAI IKA L'MEIMAR?- what is there to say? [He should be exempt from paying the fine since he could have been killed at the very moment that he becomes obligated in it!]
43)[line 35]בא עליה שלא כדרכהBA ALEHA SHE'LO KEDARKAH- he [or another] had sodomized her [beforehand, thus blemishing her while her virginity remained intact]