ZEALOTS MAY KILL ONE WHO HAS BI'AH WITH A NOCHRIS
(Mishnah): One who has Bi'ah with a Nochris.
Question (Rav Kahana): If zealots did not kill him, what is the law?
Rav forgot what he learned about this, and he could not answer. Rav Kahana was shown in a dream "Bogdah Yehudah... u'Vo'al Bas El Nechar"; he told Rav.
Rav: This reminds me - "Bagdah Yehudah" refers to idolatry;
"V'So'evah..." refers to Mishkav Zachar;
"Chilel Yehudah Kodesh Hash-m " refers to harlotry;
"U'Vo'al Bas El Nechar" refers to one who has Bi'ah with a Nochris;
After this, it says "Yachres Hash-m... Er v'Oneh... u'Magish Minchah."
If he is a Chacham, he will not have a son that is Er (sharp) among Chachamim and can Oneh (answer) Talmidim;
If he is a Kohen, he will not have a son that brings Menachos (i.e. does Avodah).
(R. Chiya bar Avuha): One who has Bi'ah with a Nochris is like one who marries idolatry - "u'Vo'al Bas El Nechar";
Idolatry does not have children. The verse refers to a Nochris like idolatry itself.
(R. Chiya bar Avuha): It said on the skull of Yehoyakim 'this (the curse that it will not be buried) and one other (vengeance will be taken on it).'
R. Freida's grandfather found a skull by the gates of Yerushalayim. It said on it 'this and one other.' He buried it (twice,) and (each time) it came up. He realized that it was the skull of Yehoyakim, about whom it says "Kevuras Chamor Yikaver Sachov ve'Haslech me'Hal'ah l'Sha'arei Yerushalayim."
He reasoned, it is not proper for a king to be disgraced. He wrapped it in silk and put in a chest.
His wife found it. Neighbors told her that it is probably from his first wife, for he cannot forget her. She burned it in the oven. This was the other vengeance.
(Rav Dimi): Beis Din of Chashmona'im decreed that a Yisrael that has Bi'ah with a Nochris is liable on four counts, as if he had Bi'ah with a Nidah, slave, Nochris (in the way of marriage) and a married woman.
(Ravin): They decreed, he is liable as if he had Bi'ah with a Nidah, slave, Nochris (in the way of marriage) and (if he is a Kohen) Zonah;
He holds that we do not consider her a married woman, for this does not apply to Nochrim (Rashi - most Nochriyos are not faithful to one man; Tosfos - no Lav forbids a Yisrael to a Nochri's wife).
Rav Dimi says that Nochrim do not let their wives be like Hefker (Rashi - therefore, we can obligate for a married woman; Tosfos - therefore, the decree does not consider her a Zonah).
(Rav Chisda): If a zealot asks if he should kill (someone doing one of these transgressions), we do not counsel him to kill.
(Rabah bar bar Chanah): If a zealot asks if he should kill, we do not counsel him to kill;
Had Zimri ceased Bi'ah with Kozbi (and Pinchas would have killed him anyway), Beis Din would have killed Pinchas. Zimri would have been allowed to kill Pinchas (Pinchas would have been considered a Rodef).
"Va'Yomer Moshe El Shoftei Yisrael (to kill those who had served Ba'al Pe'or)" - Shevet Shimon complained to Zimri (its Nasi) that they were being sentenced to death. He took 24,000 Yisraelim and asked Kozbi to have Bi'ah with him.
Kozbi: I am the king's daughter. My father asked me to have Bi'ah with the most important Yisrael.
Zimri: I am Nasi of a Shevet, and my Shevet was born second to Yakov, before Levi (Moshe's Shevet), which was third!
Zimri took her in front of Moshe, and asked 'is she permitted or forbidden? If you say that she is forbidden, who permitted you to marry Yisro's daughter (who was also from Midyan)?!' (In truth, Moshe's wife had converted when the Torah was given.)
Moshe forgot the Halachah (that zealots may kill in this case). All of Yisrael were crying - "v'Hemah Vochim Pesach Ohel Mo'ed."
Question: "Va'Yar Pinchas" - what did he see?
Answer #1 (Rav): He saw the act, and remembered the Halachah.
Pinchas (to Moshe): Didn't you teach me that a zealot may kill one who has Bi'ah with a Nochris?
Moshe: You recalled the Halachah. It is proper for you to carry it out.
Answer #2 (Shmuel): He saw that "Ein Chachmah v'Ein Tevunah v'Ein Etzah l'Neged Hash-m" - when there is desecration of Hash-m's name, we do not stop to honor the Rebbi. (He acted without asking Moshe.)
Answer #3 (R. Yitzchak): He saw that the Malach ha'Maves was killing Yisraelim (therefore, he acted immediately).
"Va'Yakam mi'Toch ha'Edah va'Yikach Romach b'Yado (he took his spear after taking leave of the Sanhedrin)" teaches that we do not take weapons into the Beis Medrash.
He removed the dagger at the end of his spear and put it in his garment. He used it as a walking staff and came to Shevet Shimon.
Pinchas: Where do we find that Levi is greater than Shimon? (Also we can do like you!)
They thought they he also wanted to sin, so they allowed him to enter the tent of Zimri.
(R. Yochanan): Six miracles were done for Pinchas:
Zimri should have ceased the act (to save himself), but he did not;
He should have screamed for his Shevet to help him, but he did not;
Pinchas was able to spear them through their genitals (so all would see that he killed them amidst Bi'ah);
They did not fall off the spear;
A Malach lifted the lintel (top doorframe) in order that Pinchas could leave with the spear still pointing up (so they would not fall off);
A Malach came and struck people of Shimon, so they did not kill Pinchas.
He cast Zimri and Kozbi on the ground, and asked if these were worthy to cause 24,000 Yisraelim to die in a plague;
(R. Elazar): "Va'Ya'amod Pinchas va'Yfalel" - it does not say 'va'Yispalel', rather, "va'Yfalel", he was judging in front of Hash-m.
Malachim wanted to dispel him for this, but Hash-m defended him. 'He is a zealot, and the descendant of a zealot (Levi, who avenged the taking of Dinah). He turns away My anger, and descends from one who turned away My anger (Aharon, after Korach's rebellion).'
The tribes were scorning Pinchas - 'this son of Puti, whose grandfather (Yisro) was Pitem (fattened) calves for idolatry, killed the Nasi of a Shevet!'
Therefore, the verse gives his lineage to show in whose ways he followed - "Pinchas ben Elazar ben Aharon ha'Kohen."
Hash-m made a Bris with Pinchas - "Hineni Nosen Lo Es Brisi Shalom."
("Bris Kehunas Olam") - his act is worthy to be an eternal atonement for Yisrael.
(Rav Nachman): "Zarzir Masnayim..." refers to Zimri, who had 424 (the Gematri'a of Zarzir) acts of Bi'ah with Kozbi.
"MaSNayim Oh SayiSH..." - Pinchas HiMTiN (waited) until Zimri's strength TaShaSh (grew weak). He did not know that "u'Melech Alkum Imo" (Hash-m would do miracles for him).
(Beraisa): He had 60 acts of Bi'ah with her, until she was full of semen.
(Rav Sheshes): Her real name was Shevilnai bas Tzur. She is called Kozbi because she was Kozev (unfaithful) to her father's command (to have Bi'ah with the greatest Yisrael);
(R. Yochanan): He had five names - Zimri, Ben Salu, Sha'ul, Ben ha'Kena'anis, and Shlumi'el ben Tzurishadai:
He is called Zimri because he had Bi'ah with Kozbi until his testicles were Muzaros (scrambled);
He is called Ben Salu because he was Hisli (made people mention) his family's transgressions;
He is called Sha'ul because he Hish'il (lent) himself out to sin;
He is called Ben ha'Kena'anis because he acted like Kena'an;
Shlumi'el ben Tzurishadai was his real name.
LIABILITY FOR AVODAH WHEN ONE IS TAMEI
(Mishnah): A Kohen who did Avodah when he was Tamei...
Question (Rav Acha bar Huna): If a Kohen did Avodah b'Tum'ah, is he Chayav Misah b'Yedei Shamayim?
Answer (Rav Sheshes - Mishnah): If a Kohen did Avodah b'Tum'ah, the other Kohanim do not take him to Beis Din. Rather, the young Kohanim take him outside of the Azarah and break his head with pieces of wood.
If he were Chayav Misah b'Yedei Shamayim, why must they kill him? Hash-m would kill him!
Objection: We never find someone who is not Chayav Misah b'Yedei Shamayim, and we kill him!
Question: We do find such a case!
(Mishnah): If someone was lashed twice, Beis Din put him in Kipah and feed him barley, until his stomach bursts.
He is not Chayav Misah b'Yedei Shamayim, and we kill him!
Answer: R. Yirmeyah taught that the Mishnah discusses someone lashed for Chayavei Kerisus, which include a Chiyuv Misah (b'Yedei Shamayim).
Question: Zealots can kill one who steals ha'Kisvah!
Answer: Rav Yehudah taught that this refers to a Keli Shares, for which he is Chayav -: "k'Vala Es ha'Kodesh va'Mesu."
Question: Zealots can kill one who curses b'Kosem!
Answer: Rav Yosef taught that he says 'Kosem should strike the One who made it.' This resembles blasphemy (for which Beis Din kills).
Question: Zealots can kill one who has Bi'ah with a Nochris!
Answer: Rav Kahana was shown in a dream "...u'Vo'al Bas El Nechar... Yachres..." (he gets Kares).