[37a - 55 lines; 37b - 55 lines]
1)[line 1]התרו בוHISRU BO - they warned him [that he would be liable for this sin] (HASRA'AH)
(a)Should one transgress a negative commandment for which the punishment is the death penalty or Malkus (lashes), he does not receive this punishment unless his action was observed by at least two valid witnesses and he had received a proper Hasra'ah (warning). The warning must identify the action by name, categorize it as a sin, and specify the specific punishment that the offender will receive.
(b)The Chachamim rule that Hasra'ah need not be administered by the witnesses themselves; if any bystander warns the sinner than he is liable to be punished in Beis Din. Rebbi Yosi maintains that only the witnesses themselves may administer Hasra'ah (Makos 6b).
(c)The offender must then clearly state that he has understood and accepted the consequences of his action, and then sin immediately. Should he merely remain silent, nods his head, or even state, "I know," he is not liable to either the death penalty nor Malkus mid'Oraisa. He is, however, subject to Malkus mid'Rabanan.
(d)A Hasra'as Safek is an uncertain warning. It refers to a case wherein the witnesses warn the perpetrator, but they cannot know whether or not the action that they warn against indeed constitutes a transgression. The concept of Hasra'as Safek can be illustrated through a case in which one swore to consume a specific loaf of bread "today". The most that can be said to him in warning is that if he does not consume the loaf immediately, then he may not have another chance to do so, thereby transgressing his oath. Such Hasra'ah is uncertain. Whether or not such Hasra'ah is enough to make the transgressor liable to receive punishment is the subject of a Machlokes between Rebbi Yochanan and Reish Lakish (3b).
2)[line 6]מילקא לקיMILKA LAKI - he receives lashes (MALKUS ARBA'IM)
(a)One is liable to receive Malkus Arba'im (lit. forty lashes; actually thirty-nine) if he transgresses a Lav (negative Torah commandment) after having been warned that this would be his punishment by at least two witnesses (Devarim 25:2). These lashes may only be administered in Eretz Yisrael by a court of three judges who are Semuchin (Halachically ordained).
(b)Malkus are delivered three at a time. The court first determines how many lashes the culprit is able to withstand. He is then instructed to stand against a post and his clothes are ripped to reveal his heart. Beis Din chooses a weak Torah scholar to stand behind him upon a rock and deliver the blows. One third land upon his chest, one third upon his shoulder, and the remaining third upon his other shoulder (Makos 22b).
(c)Before each blow, the deputy judge announces the number of the lash and a third judge proclaims "Hakehu!" - "Whip him!" During the whipping, the senior judge reads aloud the verse, "If you do not carefully perform all the commandments in this Torah ... then HaSh-m will cause you to receive extraordinary blows ..." (Devarim 28:58-59).
3)[line 7]הא והא עבדינאHA V'HA AVDINA- we both [administer Malkus] and [obligate him in a Korban]
4)[line 7]תנינאTANINA- we learned [the answer to your question] in a Beraisa
5)[line 7]חמורה הימנה שבועת הפקדוןCHAMURAH HEIMENAH SHEVU'AS HA'PIKADON- [the punishment of] Shevu'as ha'Pikadon is more stringent [than that of Shevu'as ha'Edus (see below, entry #29)]
6a)[line 8]חייבין על זדונה מכותCHAYAVIN AL ZEDONAH MAKOS- one is liable to receive Malkus for transgressing it intentionally [if he had first received the proper Hasra'ah]. This makes a case of Shevu'as ha'Pikadon more stringent than one of Shevu'as ha'Edus, since Malkus can never be administered in a case of Shevu'as ha'Edus. This is because, by definition, no one can be sure that the witnesses truly are aware of testimony on behalf of the plaintiff, and any Hasra'ah administered must therefore be Hasra'as Safek (see above, entry #1).
b)[line 9]ועל שגגתה אשם בכסף שקליםV'AL SHIGEGASAH ASHAM B'CHESEF SHEKALIM- and to offer an Asham [Gezeilos] worth [a minimum of] two Sela'im upon transgressing it unintentionally [whereas one must offer a Korban Oleh v'Yored - which may be worth significantly less - upon transgressing Shevu'as ha'Edus unintentionally (see below, entry #29)]
7)[line 12]ניחא ליה לאינישNEICHA LEI L'INISH- it may be presumed preferable to people
8)[line 14]לא ניתן לכפרהLO NITEN L'CHAPARAH- cannot be atoned for [through the offering of an Asham Gezeilos]
9)[line 14]ר"שREBBI SHIMON- see 34a-b
10)[line 16]בר מינה דההיאBAR MINAH D'HAHI- with the exception of that one; i.e., there is no proof to be found in this Beraisa
11)[line 18]חטאת בת דנקאCHATAS BAS DANKA- a Korban Chatas [that may be] worth [as little as] a sixth [of a Dinar, also known as a Me'ah (the equivalent of 1/48th of two Sela'im)]
12)[line 19]וליגמר מינה?V'LIGMAR MINAH?- and why do we not learn from this [that one must offer an Asham Gezeilos as opposed to receiving Malkus when transgressing the sin of Shevu'as ha'Pikadon intentionally]?
13)[line 23]נזיר טמאNAZIR TAMEI - A Nazir who becomes Tamei
(a)One who makes a vow to be a Nazir without stipulating for how long he wishes his Nezirus to last is a Nazir for a period of thirty days. During this period, the Nazir is not allowed to:
1.cut his hair;
2.become Tamei by touching or being in the same room as a corpse;
3.consume any products of the grapevine (Bamidbar 6:1-21).
(b)A Nazir who becomes Tamei through contact with or being in the same room as a corpse must undergo the seven-day purification process involving Mei Chatas of a Parah Adumah (see Background to Chagigah 18:7). On the seventh day of his purification, he shaves all of the hair on his head. On the eighth day, he must offer two turtledoves (Torim) or two young common doves (Yonim), one as a Chatas and one as an Olah. He must also offer a yearling sheep as an Asham. He must then start counting his Nazarite days anew.
(c)When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 2/3 Esronos of fine flour (Soles), which are baked into twenty loaves of Matzah, ten Chalos (unleavened loaves), and ten Rekikin (flat Matzos). He then shaves his hair and burns it in the fire over which his Shelamim is cooked (Bamidbar 6:18). This procedure is followed in full even by a Nazir who had become Tamei.
14)[line 27]אינו נפטר במלקותEINO NIFTAR B'MALKUS- he cannot be exempted through receiving Malkus
15)[line 28]מכללMI'KELAL- this implies
16)[line 30]כי היכי דתיחול עליה נזירות בטהרהKI HEICHI D'TEICHOL ALEI NEZIRUS B'TAHARAH- [it is merely] in order that his [subsequent period of] Nezirus can take effect upon him in purity [as the Korban is part of the purification process]
17)[line 31]אמרוה רבנן קמיה דרבהAMRUHA RABANAN KAMEI D'RABAH- the Rabanan [who were learning in the Yeshivah of Rabah (namely; Rav Acha bar Huna, Rav Shmuel brei d'Rabah bar bar Chanah, and Rav Yitzchak brei d'Rav Yehudah)] related [the discussion that they had had with Rav Kahana] to Rabah
18a)[line 31]מכלל דכי לא אתרו ביה ואיכא עדים מיחייבMI'CHLAL D'CHI LO ISRU BEI V'IKA EDIM MICHAYEV- this implies that if they did not warn him - [even] if there are witnesses [who know that the money is owed] - then he will be obligated [in offering an Asham Gezeilos]
b)[line 32]כפירת דברים בעלמא הוא!KEFIRAS DEVARIM B'ALAMA HU!- [why should he be obligated in a Korban?] His words merely constitute a denial [that will anyway be ignored in Beis Din]!
19)[line 35]"[אוֹ מָצָא אֲבֵדָה] וְכִחֶשׁ בָּהּ וְנִשְׁבַּע עַל שָׁקֶר...""[O MATZA AVEIDAH] V'CHICHESH BAH V'NISHBA AL SHAKER..."- "[Or if he found a lost item] and he denied [having found] it and he swore falsely..." (Vayikra 5:32). This verse refers to a Shevu'as ha'Pikadon.
20)[line 36]מודה לאחד מן האחיןMODEH L'ECHAD MIN HA'ACHIN- [a case in which] one admitted to one brother [of two to whom he owed money that he indeed was in their debt, and then denied owing the money to the second brother]
21)[line 36]שותפיןSHUTFIN- partners
22)[line 37]פרט ללוה בשטר וללוה בעדיםPRAT L'LOVEH B'SHTAR UL'LOVEH B'EDIM- (at this point, the Gemara assumes that this means) this excludes one who [denies] a loan that was recorded in a document or observed by witnesses
23)[line 39]באומר, "לויתי, ולא לויתי בעדים"B'OMER, "LAVISI, V'LO LAVISI B'EDIM"- [the case in the Beraisa is one] in which he said, "I borrowed, but not in front of witnesses" [in which case he has not denied money at all]
24)[line 43]אודי ליה בפלגא דידיהODI LEI B'FALGA DIDEI- he admitted that he owed him [only] the half due him
25)[line 44]מתרוינן יזפתMI'TARVINAN YAZFAS- you borrowed from both of us
26)[line 45]מחד מינייכו יזפיMI'CHAD MINAICHU YAZFI- I borrowed [the whole amount] from [only] one of you
27)[line 47](סימן חובה כיתות דבעל הבית חומר נזירא)(SIMAN CHOVAH KITOS D'BA'AL HA'BAYIS CHOMER NEZIRA)- This is a mnemonic device for remembering the five proofs that follow. The Gemara often changes the form of the words of a Siman so that the phrase has some meaning. Here, the Siman may possibly read along these lines: "The obligation of the sets of witnesses of the employer is the stringency of a Nazir." The Siman refers to the following words:
1."CHOVAH" - "u'Mahu Chayav" (line 49)
2."KITOS" - "Hayu Shtei Kitei Edim" (line 51)
3."D'BA'AL HA'BAYIS" - "Ba'al ha'Bayis she'Ta'an" (37b, line 5)
4."CHOMER" - "Chamura Mimenah Shevu'as ha'Pikadon" (37b, line 11)
5."NEZIRA" - "Im Amrat b'Nazir Tamei" (37b, line 18)
28)[line 50]זדון עדיםZEDON EDIM- he intentionally [transgressed after have been warned by] witnesses
29)[line 51]היו שתי כתי עדיםHAYU SHTEI KITEI EDIM (SHEVU'AS HA'EDUS)
(a)Witnesses who are able to testify on behalf of another must do so. If one suspects witnesses of concealing testimony that can benefit him, he has the right to place them under oath. This oath is called a Shevu'as ha'Edus (Vayikra 5:1).
(b)If witnesses deny any knowledge of the case, under oath, in Beis Din, and then later admit that they swore falsely, then they must offer a Korban. This Korban is a Korban Oleh v'Yored, which means that the makeup of the Korban varies depending upon the means of the penitent. A wealthy individual must offer a female sheep or goat as a Korban Chatas (Korban Ashir). One who cannot afford a sheep must offer a pair of turtledoves (Torim) or common doves (Bnei Yonim), one as a Korban Olah and one as a Korban Chatas (Korban Oleh v'Yored b'Dalus). If he cannot afford even a pair of birds, he may offer one-tenth of an Eifah of fine flour as a Minchas Chatas (Korban Oleh v'Yored b'Dalei Dalus) (Vayikra 5:5-13).
(c)The Beraisa cited in our Gemara discusses a case in which a plaintiff had two sets of witnesses whom he wishes to bring to Beis Din to testify on his behalf.
30)[line 54]הא כפרה לה כת ראשונהHA KAFRA LAH KAT RISHONAH- the first set of witnesses had already denied [knowledge of the incident, and the denial of the remaining set therefore led directly to the inability of the plaintiff to collect his money]
31)[line 1]הא קיימא שניה!HA KAIMA SHENIYAH!- the second set of witnesses is still present! [It must be that one is obligated in a Korban Shevu'ah even if the status of the money in question is not affected!]
32)[line 3]קרובין בנשותיהןKEROVIN B'NESHOSEIHEN- related to each other through their wives [who were sisters, and the joint testimony of men who are married to sisters is invalid as long as their wives are alive]
33)[line 3]גוססותGOSESOS- on their deathbed
34)[line 4]השתא מיהת חיי נינהו ולא שכיביHASHTA MIHAS CHAYEI NINHU V'LO SHECHIVEI- at this point they are still alive and not dead
35)[line 5]בעל הבית שטען טענת גנב בפקדוןBA'AL HA'BAYIS SHETA'AN TA'ANAS GANAV B'FIKADON - a custodian who [falsely] claims that the object he was guarding was stolen from him (TO'EN TA'ANAS GANAV)
If a Shomer Chinam (see Background to 35:77a) claims that the item he was watching was stolen from him, and it is then proven that he kept it for himself, then he himself attains the status of a Ganav (49a; Bava Kama 63b). If he had sworn falsely that it had been stolen, then he must pay Kefel (double; see Background to 36:55).
36a)[line 8]קרן וחומשKEREN VA'CHOMESH- the principle plus a fifth [of the ensuing total; i.e., 125% of the original value]
b)[line 8]אשםASHAM- an Asham Gezeilos (see Background to 36:36 and 43)
37)[line 10]כדרבינאKED'RAVINA- as Ravina [answered above (line 1)]
38)[line 16]אחד זדונה ואחד שגגתה אשם בכסף שקליםECHAD ZEDONAH V'ECHAD SHIGEGASAH ASHAM B'CHESEF SHEKALIM- whether he swore intentionally or unintentionally he must offer a Korban Asham worth two silver Sela'im. According to this version, the Beraisa discusses only cases in which one is obligated to offer an Asham Gezeilos, but not one in which he received Hasra'ah from witnesses. It could still be that in a case in which he disregarded Hasra'ah, he would indeed be liable to receive Malkus.
39a)[line 26]עדים עבידי דמייתיEDIM AVIDEI D'MAISI- witnesses are expected to die [at some point, and if they do so before being called to testify, then the denial will have been an effective one]
b)[line 26]שטר הא מנחSHTAR HA MANACH- [but] the document is extant [and will presumably remain so for the foreseeable future]
40)[line 28]מרכסMIRCHAS- get lost
41)[line 30]הוה שטר שעבוד קרקעותHAVAH SHTAR SHIBUD KARKA'OS- a bill [of debt] contains a lien on real estate
42)[line 30]אין מביאין קרבן על כפירת שעבוד קרקעותEIN MEVI'IN KORBAN AL SHTAR SHIBUD KARKA'OS (EIN NISHBA'IN AL KEFIRAS SHIBUD KARKA'OS)
(a)If a Jew claims that another owes him money, then in certain situations the defendant is required to take an oath (Shevu'ah) that the claim is false if he does not wish to pay. Examples include a situation in which:
1.the claimant has a single witness attesting to his claim (Shevu'as Ed Echad; see Background to Bava Metzia 3:47),
2.the defendant admits to part of the claim (Shevu'as Modeh b'Miktzas ha'Ta'anah; see Background to Bava Metzia 3:28),
3.a custodian who claims that the object deposited with him was lost in a manner for which he is exempt from paying (Shevu'os ha'Shomrim; see Background to 35:77a).
(b)These oaths apply only to claims of movable objects (Metaltelin). If one denies a claim of land (Kefiras Karka), or if one admits to part of a claim but his admission is only to land (Hoda'as Karka), then he is exempt from taking a Shevu'ah. In these situations, the Halachah is "ha'Motzi me'Chaveiro Alav ha'Re'ayah" - the burden of proof rests upon the claimant (Mishnah, Bava Metzia 56a).
(c)If a loan is recorded in a document, this creates a lien upon the real estate of the creditor (Shibud Karka'os). Therefore, if one denies owing money recorded in a document, he is denying the lien, and he is exempt from a Shevu'ah.
43)[line 32]משביע עדי קרקעMASHBI'A EIDEI KARKA- one who places witnesses to a claim upon real estate under an oath [of Shevu'as ha'Edus]
44a)[line 33]תסתייםTISTAYEM- let us prove
b)[line 36]תסתייםTISTAYEM- it has been proven
45)[line 38]שטפה נהרSHATFAH NAHAR- a river flooded into it
46)[line 38]להעמיד לו שדהL'HA'AMID LO SADEH- to provide a different field for him [in its place]
47)[line 40]רבויי ומיעוטי... כללי ופרטיRIBUYEI U'MI'UTEI... KELALEI U'PERATEI - - Generalizations and Specifications (KELALEI U'FERATEI / RIBUYEI U'MI'UTEI)
(a)The Torah often states a general law followed by a specific one. Sometimes an additional generalization follows, and other times the order of the two is reversed. There is a basic difference of opinion among the Tana'im as to how to interpret these verses. Some view them as Kelalim (generalizations) and Peratim (specifications). Others view them as Ribuyim (inclusions) and Mi'utim (exclusions).
(b)Those opinions which follow the creed of Kelalei u'Feratei explain that a Prat following a Klal limits the general rule to what is specified by the Prat. If an additional Klal then follows, then it expands the scope of the law to include anything similar to the specification. Those who see Ribuyei u'Mi'utei, however, understand that a Ribuy followed by a Mi'ut already implies that the generalization includes everything similar to the specification. An additional Ribuy then expands the law to include everything but the one thing least similar to the Mi'ut.
48a)[line 41]"[נֶפֶשׁ כִּי תֶחֱטָא וּמָעֲלָה מַעַל בַּה',] וְכִחֵשׁ [בַּעֲמִיתוֹ] בְּפִקָּדוֹן, אוֹ בִתְשׂוּמֶת יָד [אוֹ בְגָזֵל, אוֹ, עָשַׁק אֶת עֲמִיתוֹ]""[NEFESH KI SECHETAH U'MA'ALAH MA'AL BA'SH-M,] V'CHICHESH [BA'AMISO] B'FIKADON, O VI'SESUMES YAD, [O V'GAZEL, O ASHAK ES AMISO]"- "[If a man should sin and rebel against HaSh-m,] and deny [a claim of his fellow Jew] regarding a security, investment, [stolen item, or wages of his fellow Jew]" (Vayikra 5:21).
b)[line 41]"אוֹ מִכֹּל אֲשֶׁר יִשָּׁבַע עָלָיו לַשֶּׁקֶר [וְשִׁלַּם אֹתוֹ בְּרֹאשׁוֹ וַחֲמִשִׁתָיו יֹסֵף עָלָיו...]""O MI'KOL ASHER YISHAVA ALAV LA'SHEKER [V'SHILAM OSO B'ROSHOS VA'CHAMISHISAV YOSEF ALAV...]"- "Or from anything upon which he swore falsely [he must pay the principle and add a fifth...]" (Vayikra 5:24). These verses refer to a Shevu'as ha'Pikadon.
49)[line 43]מיעט שטרותMI'ET SHETAROS- bills [of debt] are excluded [since, unlike the other items described in this verse, they have no intrinsic value]
50a)[line 45]דבר המטלטלDAVAR HA'MITALTEL- a movable object
b)[line 45]וגופו ממוןV'GUFO MAMON- that has intrinsic value
51)[line 46]יצאו עבדים שהוקשו לקרקעותYATZ'U AVADIM SHE'HUKSHU L'KARKA'OS (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 Background to Bava Kama 24:43) or a Gezeirah Shavah (see Background to Bava Kama 40:9a) do not stand in the way of learning one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").
(c)Regarding Nochri slaves, the verse states, "And you shall bequeath them to your sons after you for them to inherit as a holding; you shall work them forever ..." (Vayikra 25:46). Since Nochri slaves are referred to as an inheritance in terms usually used to describe land, a Hekesh is drawn between them.
52)[line 48]מאן דמחייב כרבי אליעזרMAN D'MECHAYEV K'REBBI ELIEZER- the one who obligates [witnesses to a claim upon real estate in a Korban Shevu'ah (namely, Rebbi Yochanan)] agrees with Rebbi Eliezer [who says that one must return stolen real estate]. Since Rebbi Eliezer derives his ruling from the Parshah of Shevu'as ha'Pikadon, it stands to reason that once real estate is included such that it must be returned, it is also included such that one must offer a Korban Shevu'ah after denying a claim upon it.
53)[line 50]רחמנאRACHMANA- the Torah
54)[line 50]"מכל" ולא "הכל""MI'KOL" V'LO "HA'KOL"- "from anything" and not "everything" (see above, entry #49b). This terminology implies a limitation.
55)[line 50]מתניתין נמי דיקאMASNISIN NAMI DEIKA- it is possible to infer [that one is not obligated in a Korban Shevu'ah, as Rebbi Yochanan rules] from our Mishnah as well