The Mishnah opens its list of Chayvei Malkos with the words 've'Eilu hein ha'Lokin'. What can we comment on the word 'Eilu'?
(b)
The first six cases that the Tana does list are all taken from the Parshah of Arayos. But are not all of these subject to Kareis?
(c)
Five of these are someone who has relations with his sister, his paternal or maternal aunt, his wife's sister or his brother's wife (See Tos. Yom-Tov). What is the sixth?
(d)
On what basis did the Tana decide to insert the cases that he did.
1)
(a)
The Mishnah opens its list of Chayvei Malkos with the words 've'Eilu hein ha'Lokin'. 'Eilu' is La'av Davka - since the Tana does not actually list all the cases of Malkos.
(b)
The first six cases that the Tana does list are all taken from the Parshah of Arayos - all of whom will receive Malkos if they were warned (See Tos. Yom-Tov) despite the fact that they are subject to Kareis (if they were not).
(c)
Five of these, are someone who has relations with his sister, his paternal or maternal aunt, his wife's sister or his brother's wife (See Tos. Yom-Tov). The sixth is - someone who has relations with a Nidah.
(d)
The Tana decided to insert those that he did - in account of the Chidush that each one or each group comes to teach us (as we just saw in [b], and as we shall see further).
2)
(a)
The next two groups, incorporating P'sulei Kehunah and P'sulei Kahal, comprise a. Almanah le'Kohen Gadol and Gerushah le'Kohen Hedyot, and b. Mamzeres le'Yisrael. Which additional case does the Tana insert in the P'sulei ...
1.
... Kehunah?
2.
... Pesulei Kahal?
(b)
What is the definition of 'a Nesinah'?
(c)
From which Pasuk in Ki Seitzei do we learn the Isur of having relations with her?
(d)
What about the reverse case (where a bas Yisrael marries a Nasin or a Mamzer)
2)
(a)
The next two groups, incorporating P'sulei Kehunah and P'sulei Kahal, comprise a. Almanah le'Kohen Gadol and Gerushah le'Kohen Hedyot, and b. Mamzeres le'Yisrael. The additional case inserted by the Tana in the P'sulei ...
1.
... Kehunah is - a Chalutzah.
2.
... Pesulei Kahal is - a Nesinah ...
(b)
... a woman from the sect of Giv'onim, whom Yehoshua made wood-choppers and water-drawers.
(c)
We learn the Isur of having relations with her from the Pasuk in Ki Seitzei "Lo Sischaten bam" (See Tos. Yom-Tov).
(d)
A bas Yisrael who marries a Nasin or a Mamzer - is subject to Malkos, too.
3)
(a)
How many Malkos will a Kohen ...
1.
... Gadol who has relations with a woman who is both an Almanah and a Gerushah receive?
2.
... Hedyot who has relations with a woman who is both a Gerushah and a Chalutzah receive?
(b)
What is the reason for the latter?
(c)
How do we learn it from the Pasuk in Emor "ve'Ishah Gerushah me'Iyshah Lo Yikachu"?
3)
(a)
A Kohen ...
1.
... Gadol is subject to two sets of Malkos for having relations with a woman who is both an Almanah and a Gerushah, whereas a Kohen ...
2.
... Hedyot who has relations with a woman who is both a Gerushah and a Chalutzah - is subject to only one ...
(b)
... because Chalutzah is not written explicitly, and we only learn it ...
(c)
... from the Pasuk in Emor "ve'Ishah Gerushah me'Iyshah Lo Yikachu" - from the extra word "ve'Ishah".
Mishnah 2
4)
(a)
One of the Isurei Tum'ah that receive Malkos is a Tamei person who eats Kodesh . What is the other?
(b)
Four of the five cases of Isurei Achilah listed next are Cheilev, Dam, Pigul and Nosar. What is the fifth?
(c)
And one of the two cases of someone who sacrifices a Korban outside the Azarah is Shechting it there. What is the other?
(d)
The next two items are someone who eats Chametz on Pesach or on Yom Kipur. Which other Isur of Yom Kipur is subject to Malkos?
4)
(a)
One of the Isurei Tum'ah that receive Malkos is a Tamei person who eats Kodesh (See Tos. Yom-Tov DH 'ha'Tamei she'Achal' 1 & 2, and all the Diburim, for the sources of each item); the other is - a Tamei person who enters the Beis-ha'Mikdash whilst in a state of Tum'ah.
(b)
Four of the five cases of Isurei Achilah listed next are Cheilev, Dam, Pigul and Nosar; the fifth is - Kodshim which are Tamei.
(c)
And one of the two cases of someone who sacrifices a Korban outside the Azarah is Shechting it there; the other - burning it on the Mizbe'ach.
(d)
The next three items are someone who eats Chametz on Pesach or who eats - or performs a Melachah on Yom Kipur.
5)
(a)
The next two items are 'ha'Mefatem es ha'Shemen' and 'ha'Mefatem es ha'Ketores'. What does ha'Mefatem mean?
(b)
To which oil does 'ha'Mefatem es ha'Shemen' pertain?
(c)
What is the Tana referring to when he continues 'ha'Sach be'Shemen ha'Mishchah'? What does 'ha'Sach' mean?
5)
(a)
The next two items are 'ha'Mefatem - (someone who makes a replica of) es ha'Shemen' and 'ha'Mefatem is ha'Ketores'.
(b)
'ha'Mefatem es ha'Shemen' pertains - to the anointing oil that Moshe Rabeinu made.
(c)
The Tana continues 'ha'Sach be'Shemen ha'Mishchah' - someone who anoints himself with the same jar of anointing oil [See Tos. Yom-Tov]).
6)
(a)
Which are the two most commonly quoted types of forbidden meat that head the list which continues 'Shekatzim and Remasim (See Tos. Yom-Tov)?
(b)
The next four items are Tevel, Ma'aser Rishon, Ma'aser Sheini and Hekdesh. How do we learn the La'av of Tevel from the Pasuk in Emor "ve'Lo Yechal'lu es Kodshei b'nei Yisrael asher Yarimu la'Hashem"? How does the Tana know that this Pasuk is speaking about Tevel?
(c)
On what condition is ...
1.
... Ma'aser Rishon subject to a La'av?
2.
... Ma'aser Sheini (that has not been redeemed) subject to a La'av?
3.
... Hekdesh subject to a La'av?
(d)
There is no specific Pasuk regarding the latter, and we learn it from a Gezeirah-Shavah "Chet" "Chet". From where do we learn it?
(e)
To reconcile this with the fact that we preclude Me'ilah (using Hekdesh) from the Pasuk in Emor (in connection with T'rumah) "u'Meisu bo" - "bo", 'bi'Terumah, ve'Lo bi'Me'ilah', how do we establish the latter D'rashah?
6)
(a)
The two most commonly quoted types of forbidden meat that head the list which continues 'Shekatzim and Remasim (See Tos. Yom-Tov) are - Neveilos u'Tereifos.
(b)
The next four items are Tevel, Ma'aser Rishon, Ma'aser Sheini and Hekdesh. We learn the La'av of Tevel from the Pasuk in Emor "ve'Lo Yechal'lu es Kodshei b'nei Yisrael asher Yarimu la'Hashem" - based on the fact that "Yarimu" is written in the future tense (implying Kodshim that one is going to separate).
(c)
The condition on which ...
1.
... Ma'aser Rishon is subject to a La'av is - if T'rumas Ma'aser has not yet been taken from it.
2.
... Ma'aser Sheini (that has not been redeemed) is subject to a La'av - (even in Yerushalayim) is - if it becomes Tamei (See Tos. Yom-Tov).
3.
... Hekdesh is subject to a La'av is - if has not been redeemed.
(d)
There is no specific Pasuk regarding the latter, and we learn it from a Gezeirah-Shavah "Chet" "Chet" - from T'rumah.
(e)
To reconcile this with the fact that we preclude Me'ilah (using Hekdesh) from the Pasuk in Emor (in connection with T'rumah) "u'Meisu bo", "bo", 'bi'Terumah, ve'Lo bi'Me'ilah', we establish the latter Drashah - with regard to Misah (bi'Yedei Shamayim, but not Malkos).
7)
(a)
Which of the above cases do we learn from the Pasuk in Korach "ve'Nechshav lachem Terumaschem ka'Dagan min ha'Goren"?
(b)
What dual Limud do we learn from the Pasuk in Ki Savo (in connection with Ma'aser Sheini) "ve'Lo Bi'arti mimenu be'Tamei"?
(c)
And what do we learn from the Pasuk in Re'ei "Lo Suchal le'Ochlo" (in connection with eating Ma'aser Sheini in Yerushalayim)? What is the owner therefore permitted to do?
7)
(a)
From the Pasuk in Korach "ve'Nechshav lachem Terumaschem ka'Dagan min ha'Goren", we learn - Ma'aser Rishon she'Lo Nitlah T'rumaso.
(b)
We learn from the Pasuk in Ki Savo "ve'Lo Bi'arti mimenu be'Tamei" - that someone who eats Ma'aser Sheini be'Tum'ah receives Malkos, irrespective of whether it is he or the Ma'aser Sheini that is Tamei.
(c)
And from the Pasuk in Re'ei "Lo Suchal le'Ochlo" we learn that since one forbidden to eat Ma'aser Sheini that is Tamei in Yerushalayim - the owner is permitted to redeem it.
8)
(a)
According to Rebbi Shimon, the Shi'ur for eating Tevel is a Kol Shehu. What do the Chachamim say?
(b)
Rebbi Shimon supports his opinion from someone who eats an ant. What do we learn from the Pasuk in Shemini "Sheretz ha'Shoretz al ha'Aretz"?
(c)
How do the Chachamim refute his proof?
(d)
How does Rebbi Shimon counter their refutation?
(e)
Why is the Halachah nevertheless not like Rebbi Shimon?
8)
(a)
According to Rebbi Shimon, the Shi'ur for eating Tevel is a Kol Shehu. The Chachamim - require a k'Zayis.
(b)
Rebbi Shimon supports his opinion from a case of someone who eats an ant. We learn from the Pasuk in Shemini "Sheretz ha'Shoretz al ha'Aretz" - that one is Chayav for eating a Sheretz (even if it is smaller than a k'Zayis).
(c)
The Chachamim refute his proof - on the grounds that an ant is a Beryah (a complete creature).
(d)
Rebbi Shimon counters their refutation however - in that a wheat kernel is a Beryah, too.
(e)
The Halachah is nevertheless not like Rebbi Shimon - because the term 'Beryah' is confined to a living creature exclusively (See Tos. Yom-Tov).
Mishnah 3
9)
(a)
On what condition does the Mishnah sentence someone who eats Bikurim to Malkos?
(b)
Why is one not Chayav after that?
(c)
This is the opinion of Rebbi Akiva. What do the Chachamim say?
(d)
Which of the two comes first?
(e)
Like whom is the Halachah?
9)
(a)
The Mishnah sentences someone who eats Bikurim to Malkos - until the Parshah (of "Arami Oveid Avi") has been read ...
(b)
... because, after that - Bikurim becomes the personal property of the Kohen.
(c)
This is the opinion of Rebbi Akiva. According to the Chachamim - he becomes Patur - from the time that the Bikurim is placed in front of the Mizbe'ach ...
(d)
... which takes place earlier.
(e)
The Halachah is - like the Chachamim.
10)
(a)
How do we learn the La'av regarding Bikurim from the Pasuk in Re'ei "Lo Suchal Le'echol bi'She'arecha ... u'Serumas Yadecha"?
(b)
Why can it not be referring to Terumah?
(c)
From when on do Bikurim become subject to Malkos?
10)
(a)
We learn the La'av regarding Bikurim from the Pasuk in Re'ei "Lo Suchal Le'echol bi'She'arecha ... u'Serumas Yadecha" - since "T'rumas Yadecha" refers to Bikurim ...
(b)
... not to Terumah - which one does not need to bring to the Beis-ha'Mikdash.
(c)
Bikurim become subject to Malkos - from the moment that it reaches Yerushalayim.
11)
(a)
On what condition does the Mishnah sentence to receive Malkos someone who eats ...
1.
... Kodshei Kodshim?
2.
... Kodshim Kalim and Ma'aser Sheini?
(b)
How do we learn all the current cases from the Pasuk in Re'ei "Lo Suchal Le'echol bi'She'arecha ... ve'Chol Nedarecha asher Tidor"?
(c)
The Tana listed earlier Ma'aser Sheini Tamei that has not been redeemed. Then what does the La'av here refer to?
(d)
Based on the Pasuk there "Lifnei Hash-m Elokecha Tochlenu" (which precedes "Lo Suchal Le'echol ... "), at which point does Ma'aser Sheini become subject to Malkos?
11)
(a)
The Mishnah sentences Malkos to receive someone who eats ...
1.
... Kodshei Kodshim - outside the Azarah.
2.
... Kodshim Kalim and Ma'aser Sheini - outside the walls of Yerushalayim.
(b)
We learn all the current cases from the Pasuk in Re'ei "Lo Suchal Le'echol bi'She'arecha ... ve'Chol Nedarecha asher Tidor" - from the fact that they all fall under the category of "bi'She'arecha".
(c)
The Tana listed earlier Ma'aser Sheini Tamei that has not been redeemed. The La'av here therefore refers to - eating it outside Yerushalayim.
(d)
Based on the Pasuk there "Lifnei Hash-m Elokecha Tochlenu" (which precedes "Lo Suchal Le'echol ... "), Ma'aser Sheini becomes subject to Malkos - once it has entered the walls of Yerushalayim.
12)
(a)
On what condition does one receive Malkos for breaking the bone of a Korban Pesach?
(b)
Based on the Pasuk in Bo "ve'Etzem Lo Sishb'ru bo", why is someone who breaks the bone of a Tamei Korban Pesach not also subject to Malkos?
(c)
One of the reasons that one does one not receive Malkos for leaving over a piece of Korban Pesach (Nosar) is because it is a La'av she'Ein bo Ma'aseh (a La'av where no act is performed, which is not subject to Malkos [See Tos. Yom-Tov]). What is the other?
12)
(a)
One receives Malkos for breaking the bone of a Korban Pesach - if it is Tahor ...
(b)
... not of one that is Tamei, since the Torah writes in Bo "ve'Etzem Lo Sishb'ru bo", and we Darshen "bo", 'be'Tahor ve'Lo be'Tamei'.
(c)
Neither does one receive Malkos for leaving over a piece of Korban Pesach (Nosar) - because it is a La'av she'Ein bo Ma'aseh (a La'av where no act is performed, which is not subject to Malkos [See Tos. Yom-Tov]). The other is - because it a La'av she'Nitak la'Sei (since the Torah writes "ve'ha'Nosar mimenu ad Boker, ba'Eish Tisrufu" [See 13b]).
Mishnah 4
13)
(a)
According to Rebbi Yehudah, someone who takes a mother bird together with the babies receives Malkos and does not need to send the mother away. What do the Chachamim say?
(b)
On what principle is their ruling based?
(c)
Why does their opinion appear more logical than that of Rebbi Yehudah?
(d)
How does Rebbi Yehudah explain the Pasuk?
(e)
Like whom is the Halachah?
13)
(a)
According to Rebbi Yehudah, someone who takes a mother bird together with the babies receives Malkos and does not need to send the mother away. The Chachamim say - that he sends the mother away and is Patur from Malkos.
(b)
Their ruling is based on the principle - 'La'av ha'Nitak la'Asei Ein Lokin alav (A La'av which the Torah connects to an Asei is not [initially] subject to Malkos').
(c)
Their opinion appears more logical than that of Rebbi Yehudah - since the La'av precedes the Asei.
(d)
Rebbi Yehudah explains the Pasuk to mean - 'Don't take the mother bird together with the babies, but rather send the mother bird away first'.
(e)
The Halachah is - like the Chachamim.
14)
(a)
Another example of a La'av ha'Nitak la'Asei is that of a creditor who enters the debtor's house to take a security against the loan ("Lo Savo el Beiso La'avot Avoto" [ki Seitzei]). Which Asei must he fulfill (according to the Chachamim) in order to avoid Malkos?
(b)
On what condition will he nevertheless receive Malkos in the case of ...
1.
... "Lo Sikach ha'Eim ... "?
2.
.... "Lo Sa'avot Avoto"?
(c)
Why is that?
14)
(a)
Another example of a La'av ha'Nitak la'Asei is that of a creditor who enters the debtor's house to take a security against the loan ("Lo Savo el Beiso La'avot Avoto" [ki Seitzei]). The Asei that he must fulfill in order to avoid Malkos is - "Hasheiv Tashiv lo es ha'Avot".
(b)
He will nevertheless receive Malkos in the case of ...
1.
... "Lo Sikach ha'Eim ... " - if he subsequently Shechts the mother or it dies.
2.
... "Lo Sa'avot Avoto" - if after taking the security from the debtor's house it gets burned ...
(c)
... seeing as he is no longer able to fulfill the Asei (See Tiferes Yisrael, Bo'az).
Mishnah 5
15)
(a)
Two of the three Chayvei Malkos connected with shaving are making a bald patch on one's head and rounding the head. What is the third?
(b)
What does 'rounding the head' mean?
(c)
On what condition is one Chayav for making a bald patch?
(d)
Bearing in mind that, by the same La'av regarding Kohanim, the Torah omits the word "le'Meis", from where do we know that a Kohen is not otherwise Chayav?
15)
(a)
The three Chayvei Malkos connected with shaving are making a bald patch on one's head, rounding the head and - destroying the corners of one's beard.
(b)
'Rounding the head' means - making the hairline (between the forehead and behind the ears) round (by cutting off the Peyos [See Tos. Yom-Tov]).
(c)
One is Chayav for making a bald patch - provided one does so in honor of a deceased person.
(d)
Bearing in mind that, by the same La'av regarding Kohanim, the Torah omits the word "le'Meis", we know that a Kohen is not otherwise Chayav - from the Gezeirah-Shavah "Korchah" "Korchah" (from Yisre'eilim).
16)
(a)
What is the minimum size patch that renders one Chayav?
(b)
What is the basic difference between the La'av of destroying one's beard and that of rounding one's head?
(c)
Why does the Tana include these La'avin in the list? What do the first La'av and the following one ('ha'Soret Seritah Achas ... ') have in common that is obvious by eating Cheilev and most other La'avin?
16)
(a)
The minimum size patch that renders one Chayav is - that of a G'ris (a large bean).
(b)
The basic difference between the La'av of destroying one's beard and that of rounding one's head is that - the former entails using a razor (as we shall see shortly) whereas the former does not.
(c)
The Tana includes these La'avin in the list - to teach us that, regarding the first La'av and the following one ('ha'Soret Seritah Achas ... ') one is Chayav one Malkos for each bald patch and for each cut, a fact that is obvious by Cheilev and most other La'avin.
17)
(a)
On what condition is one Chayav for making a cut on one's skin?
(b)
We have already explained that someone who makes five cuts for one Meis is subject to five sets of Malkos. How many sets of Malkos will he receive if he makes one cut for five dead people?
(c)
How do we learn both Dinim from the Pasuk in Kedoshim "ve'Seret la'Nefesh Lo Sitnu"?
17)
(a)
One is Chayav for making a cut on one's skin - provided it is in honor of a deceased person.
(b)
We have already explained that someone who makes five cuts for one Meis is subject to five sets of Malkos - and the same will apply if he makes one cut for five dead people.
(c)
We learn both Dinim from the Pasuk in Kedoshim "ve'Seret la'Nefesh Lo Sitnu", the former - from "ve'Seret" ('Lechayev al Kol S'ritah u'Seritah'); the latter - from "la'Nefesh" ('Lechayev al kol Nefesh va'Nefesh' [See Tos. Yom-Tov]).
18)
(a)
According to the Tana Kama, how many sets of Malkos does one receive for ...
1.
... shaving off one's Peyos?
2.
... destroying the corners of one's beard?
(b)
If, regarding the latter, one of the five locations is the chin, where are the other four located?
(c)
On what condition does Rebbi Eliezer maintain, in each of the two precious cases, that one receives only one set of Malkos?
(d)
Why is that?
(e)
To what does he compare it?
18)
(a)
According to the Tana Kama, for ...
1.
... shaving off one's Peyos, one receives two sets of Malkos (one for each Pe'ah [See Tos. Yom-Tov]), for ...
2.
... destroying the corners of one's beard - five (as we shall now explain).
(b)
Regarding the latter, one of the five locations is the chin, the other four are located - one on either side of the chin, where the chin meets the two jaw-bones, and the top of the upper jaw-bone on both sides (See Tos. Yom-Tov).
(c)
Rebbi Eliezer maintains, in each of the two previous cases, that one receives only one set of Malkos - if one shaves them of in one go ...
(d)
... since in each case, he has only transgressed one La'av ...
(e)
... and he compares it - to someone who eats two k'Zeisim of Cheilev following one warning.
19)
(a)
As we already learned, the Tana Kama confines removing one's beard to where one does so using a razor. From where does he learn this?
(b)
According to Rebbi Eliezer, he is Chayav even if he uses a 'Malkeit' or a 'Rehitni'. What is ...
1.
... a Malkeit?
2.
... a Rehitni?
(c)
Like whom is the Halachah?
19)
(a)
As we already learned, the Tana Kama confines destroying one's beard to where one does so using a razor. He learns this - from the Torah's use of the double expression of 'shaving' and 'destroying' (See Tos. Yom-Tov).
(b)
According to Rebbi Eliezer, he is Chayav even if he uses ...
1.
... a 'Malkeit' - a pair of tweezers, or ...
2.
... a 'Rehitni' - a plane (See Tos. Yom-Tov).
(c)
The Halachah is - like the Tana Kama.
Mishnah 6
20)
(a)
The next case of Chiyuv Malkos listed in the Mishnah is Kesoves Ka'aka. What is Kesoves Ka'aka?
(b)
What does it entail?
(c)
Is one Chayav for either writing on the skin without making a cut or for making a cut without writing on it?
(d)
Bearing in mind that the correct order is first to cut and then to write on it, why does the Mishnah say 'ad she'Yichtov vi'Yeka'aka'?
(e)
How do we then explain the Pasuk?
20)
(a)
The next case of Chiyuv Malkos listed in the Mishnah is 'Kesoves Ka'aka' - making a tattoo.
(b)
This entails - making a cut in one's skin and writing in it.
(c)
One is not Chayav - either for writing on the skin without making a cut or for making a cut without writing on it.
(d)
Despite the fact that the correct order is first to make the cut and then to write on it, the Mishnah says 'ad she'Yichtov vi'Yeka'aka' - since that is the order that the Torah presents them ('Kesoves Ka'aka').
(e)
We explain the Pasuk to mean 'that one should not write in the cut that one has made'.
21)
(a)
What if one writes, not with ink, but with ...
1.
... red paint?
2.
... anything that leaves a mark?
(b)
What does Rebbi Shimon ben Yehudah say in the name of Rebbi Shimon? What one must one add in order to be Chayav?
(c)
How does ...
1.
... the Tana learn it from the Pasuk in Kedoshim "u'Chesoves Ka'aka Lo Sitnu bi'Vesarchem ...)? How does the Pasuk conclude?
2.
... the Gemara explain 'the Name of Hashem'?
(d)
How will we then explain the Pasuk?
(e)
Like whom is the Halachah?
21)
(a)
One is Chayav even if one writes, not with ink, but with ...
1.
... red paint or with ...
2.
... anything that leaves a mark.
(b)
Rebbi Shimon ben Yehudah in the name of Rebbi Shimon adds that, in order to be Chayav - one needs to write the Name of Hash-m in the tattoo.
(c)
The ...
1.
... Tana learns it - from the words "Ani Hash-m" (in the Pasuk in Kedoshim "u'Chesoves Ka'aka Lo Sitnu bi'Vesarchem, Ani Hash-m").
2.
... Gemara explains 'the Name of Hashem' - to mean that one must write in the tattoo the name of an Avodah-Zarah ...
(d)
... and what the Pasuk means - is 'that one may not inscribe the name of an Avodah-Zarah in the tattoo, since I am Hashem'.
(e)
The Halachah is like - the Tana Kama.
Mishnah 7
22)
(a)
The Mishnah discusses someone who transgresses a La'av a number of times consecutively. On what condition ...
1.
... is a Nazir who drinks wine all day subject to Malkos even once?
2.
... will he receive as many sets of Malkos as there are Revi'iyos in the cup?
22)
(a)
The Mishnah discusses someone who transgresses a La'av a number of times consecutively. A Nazir ...
1.
... who drinks wine all day is subject to Malkos once - provided he proceeds to drink it within Toch k'dei Dibur (the time it tales to say 'Shalom alecha Rebbi') of the warning (See Tos. Yom-Tov).
2.
... will receive as many sets of Malkos as there are Revi'iyos in the cup - if the person who is warning him specifically warns him not to drink the cup that contains so many Revi'iyos.
Mishnah 8
23)
(a)
On what condition is a Nazir or a Kohen who spends all day in a graveyard Chayav one set of Malkos for each time he touches a grave or walks over it (See Tos. Yom-Tov), even though he did not leave the graveyard?
23)
(a)
A Nazir or a Kohen who spends all day in a graveyard is Chayav one set of Malkos for each time he touches a grave or walks over it (See Tos. Yom-Tov), even though he did not leave the graveyard - if he is warned each time before he touches it or walks over it again (See Tos. Yom-Tov).
24)
(a)
By the same token, what does the Mishnah say about someone who spends all day shaving off his beard?
(b)
On what condition does the Tana sentence him to more than one set of Malkos?
(c)
And by the same token again, on what condition does the Mishnah sentence someone who wears Sha'atnez all day to more than one Malkos?
(d)
What does the Tana really mean when he says that he takes off the garment and puts it on again?
(e)
How does the Gemara finally explain the Mishnah? How is he Chayav for each warning even though he did not take off the garment at all?
24)
(a)
By the same token, the Mishnah rules that someone who spends all day shaving off his beard (See Rambam on the Mishnah) - is Chayav only one set of Malkos.
(b)
The Tana sentences him to even more than one however - if he is warned again in the middle and carries on shaving.
(c)
And by the same token again, the Mishnah sentences someone who wears Sha'atnez all day to more than one Malkos - for each time that he takes off the garment and then after warning, he puts it on again.
(d)
When the Tana says that he takes off the garment and puts it on again - it will suffice to remove it from his head and to put it back on again.
(e)
In fact, the Gemara concludes, he is Chayav for each warning - that is repeated after the time it takes for him to remove part of the garment and replace it (even though he did not take it off at all [See Tos. Yom-Tov. See also Tiferes Yisrael]).
Mishnah 9
25)
(a)
How many possible La'avin does the Mishnah list regarding someone who plows one furrow.
(b)
On what condition will he actually receive Malkos?
(c)
The Tana presents a case of someone who plows with an ox and a donkey ("Lo Sachrosh be'Shor va'Chamor Yachdav") which are Hekdesh. If the ox is Kodshei Mizbe'ach - what is the donkey.
(d)
Which La'av does he transgress on the donkey.
(e)
Whereas the La'av for working with the former is "Lo Sachrosh bi'Vechor Shorecha", there is no specific Pasuk for Me'ilah. From where do we learn it with the Gezeirah-Shavah "Chet" "Chet".
25)
(a)
Regarding someone who plows one furrow, the Mishnah lists eight possible La'avin (See Tos. Yom-Tov).
(b)
He will only actually receive Malkos however - if there are witnesses and warning.
(c)
The Tana presents a case of someone who plows with an ox and a donkey ("Lo Sachrosh be'Shor va'Chamor Yachdav") which are Hekdesh; the ox is Kodshei Mizbe'ach, and the donkey - Kodshei Bedek ha'Bayis ...
(d)
... for which he transgresses the La'av of Me'ilah (See Tos. Yom-Tov).
(e)
Whereas the La'av for working with the former is "Lo Sachrosh bi'Vechor Shorecha", there is no specific Pasuk for Me'ilah, and we learn it via the Gezeirah-Shavah "Chet" "Chet" - from T'rumah.
26)
(a)
The fourth La'av is Kil'ayim be'Kerem ("Lo Sizra Karm'cha Kil'ayim". What does it entail?
(b)
Why is he Chayav for sowing, when all he did was to plow?
(c)
The Rambam considers 'Kil'ayim be'Kerem' two La'avin. Which two La'avin?
(d)
Which of the above three La'avin does he therefore eliminate?
26)
(a)
The fourth La'av is Kil'ayim be'Kerem ("Lo Sizra Karm'cha Kil'ayim", entailing - plowing over wheat, barley and grape seeds in one go.
(b)
And the reason that he is Chayav for sowing, even though all he did was to plow is - because we Pasken that someone who covers Kil'ayim with earth is Chayav for sowing Kil'ayim as well.
(c)
The Rambam considers 'Kil'ayim be'Kerem' two La'avin - K'lai Zera'im (for the two kinds of seeds) and K'lai ha'Kerem (for adding the grape-seeds [See Tos. Yom-Tov]).
(d)
And he eliminates Me'ilah for plowing with the donkey (See Tos. Yom-Tov DH 've'Hein Mukdashin').
27)
(a)
What is ...
1.
... the fifth La'av (based on the Pasuk "Shabbos la'Hashem Sadcha Lo Tizra")?
2.
... the sixth La'av (based on the Pasuk "Kol Meleches Avodah Lo Sa'asu")?
(b)
The seventh La'av is that of a Kohen in a Beis-ha'Kevaros ("le'Nefesh Lo Yitama be'Amav"). What is the eighth?
27)
(a)
The ...
1.
... fifth La'av (based on the Pasuk "Shabbos la'Hashem Sadcha Lo Tizra") - that of plowing during the Sh'mitah (See Tos. Yom-Tov), and the ...
2.
... sixth La'av (based on the Pasuk "Kol Meleches Avodah Lo Sa'asu") is - that of plowing on Yom-Tov (See Tos. Yom-Tov).
(b)
The seventh La'av is that of a Kohen in a Beis-ha'Kevaros ("le'Nefesh Lo Yitama be'Amav"), and the eighth - a Nazir in a Beis-ha'Kevaros ("ve'Al Nefesh Meis Lo Yavo").
28)
(a)
Which ninth La'av does Chanina ben Chachinai add to the list?
(b)
On what grounds do the Chachamim object to that?
(c)
How does he counter that by referring to Nazir"?
(d)
What do the Chachamim reply? Why is Nazir different?
28)
(a)
The ninth La'av that Chanina ben Chachinai adds to the list is - someone who is wearing Kil'ayim as he plows.
(b)
The Chachamim object to that in that - wearing Kil'ayim has nothing to do with plowing.
(c)
Which he counters by referring to Nazir - which has nothing to do with plowing either (yet the Tana includes it).
(d)
The Chachamim reply to that however - that Nazir is different, inasmuch as (as opposed to wearing Kil'ayim) he cannot possibly lead the plow in the vineyard without entering it.
Mishnah 10
29)
(a)
How many lashes does a person who is Chayav Malkos receive?
(b)
Why does the Tana refer to it as 'forty minus one'?
(c)
How does he learn this from the words "be'Mispar Arba'im"?
(d)
What would the Torah have meant to say had it written "Arba'im ba'Mispar"?
29)
(a)
A person who is Chayav Malkos receives - thirty-nine lashes.
(b)
The Tana, which refers to it as 'forty minus one' - takes its cue from the Torah.
(c)
He learns it from the words "be'Mispar Arba'im" - which he translates as 'the number leading up to forty' (See Tos. Yom-Tov).
(d)
Had the Torah written "Arba'im ba'Mispar" - it would have meant 'forty in number'.
30)
(a)
According to the Tana Kama, why does the Torah prescribe thirty nine lashes and not forty?
(b)
What does Rebbi Yehudah say?
(c)
According to him, where do Beis-Din administer the fortieth lash?
(d)
Like whom is the Halachah?
30)
(a)
According to the Tana Kama, the Torah prescribes thirty nine lashes and not forty - in order to divide them into three (two-thirds at the back and one third in the front).
(b)
Rebbi Yehudah says - that the sinner receives forty lashes.
(c)
According to him, Beis-Din administer the fortieth lash - between the shoulder-blades (See Tos. Yom-Tov).
(d)
The Halachah is - like the Tana Kama.
Mishnah 11
31)
(a)
What do we learn from the Pasuk "Lo Yosif" (regarding the number of lashes the sinner receives)?
(b)
How do they work out exactly how many lashes to give him?
(c)
Then why does the Mishnah refer to a total of forty lashes?
31)
(a)
We learn from the Pasuk) "Lo Yosif" that - before administering Malkos to a sinner, he must be examined by a doctor, to ensure that he can take thirty-nine lashes; if not, Beis-Din give him less ...
(b)
... but always, in multiples of three.
(c)
The Mishnah refers to a total of forty lashes - because the Torah actually writes forty.
32)
(a)
What will be the Din where they initially assess that the sinner ...
1.
... is able to take the full amount, but after receiving some of the lashes, the doctor assesses that he cannot take anymore?
2.
... can only take eighteen lashes, but after having received them, they decide that he is able to take the full amount?
(b)
The Tana now discusses a case where the sinner transgressed a La'av that is subject to two sets of Malkos. What will be the Din if they declare him able to take forty-two lashes?
(c)
And on what condition will they wait until he has recovered before giving him the rest?
32)
(a)
In a case where they initially assess that the sinner ...
1.
... is able to take the full amount, but after receiving some of the lashes, the doctor assesses that he cannot take anymore, or that he ...
2.
... can only take eighteen lashes (See Tos. Yom-Tov), but after having received them, they decide that he is able to take the full amount - he is Patur.
(b)
The Tana now discusses a case where the sinner transgressed a La'av which is subject to two sets of Malkos. If they declared him able to take forty-two lashes - then after receiving them, he is Patur.
(c)
They will wait until he has recovered before giving him the rest however - if he received up to thirty-nine lashes (See Tos. Yom-Tov).
Mishnah 12
33)
(a)
The Mishnah now describes the Malkos process. Where are the sinner's hands tied?
(b)
How tall is the Amud? How is it arranged?
33)
(a)
The Mishnah now describes the Malkos process. The sinner's hands are tied - to either side of the Amud (a wide post) ...
(b)
... which is stuck in the ground and is just tall enough for the sinner to lean on (See Tos. Yom-Tov).
34)
(a)
The Chazan ha'Kenesses then grabs hold of his clothes. Who is he Chazan ha'Keneses?
(b)
Where does he grab them?
(c)
How far down does he pull his clothes?
(d)
What if he inadvertently tears them or if the seams come apart?
34)
(a)
The Chazan ha'Keneses - the Shamash (who works for the Beis-Din [See also Tos. Yom-Tov]) then grabs hold of his clothes ...
(b)
... at the neck ...
(c)
... and pulls them down - until his chest is bared (See Tos. Yom-Tov).
(d)
If he inadvertently tears them or if the seams come apart - he is Patur from paying.
35)
(a)
What is the purpose of the stone that is placed behind the sinner? Who stands on it?
(b)
Why does he hold specifically a strap made of calf -leather?
(c)
How many times is it folded?
35)
(a)
The stone that is placed behind the sinner is - for the Chazan ha'Keneses to stand on as he delivers the Malkos.
(b)
He holds specifically a strap made of calf-leather - because the Torah juxtaposes the Pasuk of "Lo Sachsom Shor be'Disho" next to that of "Arba'im Yakenu".
(c)
It is folded - twice (one into two and two into four).
36)
(a)
What are the two thin straps that run alongside the calf-leather strap made of?
(b)
On which Pasuk in Yeshayah are the two kinds of straps based?
(c)
What message does this convey?
36)
(a)
The two thin straps that run alongside it (See Tos. Yom-Tov) are made of - the hide of a donkey.
(b)
The two kinds of straps are based on the Pasuk in Yeshayah - "Yada Shor Koneihu va'Chamor Eivus Be'alav".
(c)
The message this conveys is - 'Let the ones who recognize their master's feeding-trough and who their master is, come and punish the one who does not.
Mishnah 13
37)
(a)
What are the measurements of the strap's handle is one Tefach.
(b)
Up to where must the actual strap reach?
(c)
Bearing in mind that each person is a different size, how do they organize this?
(d)
We have already learned that the sinner receives one third of the lashes in front and two thirds at the back. Based on the Pasuk "Vehipilo ha'Shofet", whilst the sinner is being lashed, how is the sinner placed?
(e)
How does the Chazan ha'Keneses ...
1.
... hold the whip?
2.
... administer the lashes?
37)
(a)
The length of the strap's handle is one Tefach - and so is its width.
(b)
The actual strap - must reach the sinner's navel.
(c)
Bearing in mind that each person is a different size, one ensures this - by boring a hole in the handle, so that the strap can be adjusted according to the size of the sinner.
(d)
We have already learned that the sinner receives one third of the lashes in front and two thirds at the back. Based on the Pasuk "Vehipilo ha'Shofet", whilst the sinner is being lashed, he is placed - in a leaning position.
(e)
The Chazan ha'Keneses ...
1.
... holds the whip - in one hand.
2.
... administers the lashes - with all his strength.
Mishnah 14
38)
(a)
What do we learn from the Pasuk in Kedoshim (in connection with a Shifchah Charufah) "Bikores Tih'yeh"?
(b)
Which Two Pesukim (from the K'lalos in Ki Savo) does one read (See Tos. Yom-Tov & Tiferes Yisrael)?
(c)
Which of the Dayanim read them out?
(d)
What do the Dayanin who are second and third to him, respectively, do?
38)
(a)
We learn from the Pasuk in Kedoshim (in connection with a Shifchah Charufah) "Bikores Tih'yeh" - that a Parshah in the Torah must be read out whilst the Malkos is being delivered.
(b)
The Two Pesukim (from the K'lalos in Ki Savo) that one reads are - "Im Lo Sishmor La'asos ... " and "ve'Hiflah Hash-m es Makoscha" (See Tos. Yom-Tov & Tiferes Yisrael).
(c)
The chief Dayan read them out.
(d)
The Dayanin who are second and third after him, respectively - count the strokes and order the Chazan to deliver the next stroke.
39)
(a)
What does the chief Dayan who is reading the Pesukim try to do?
(b)
What if the Pesukim terminate before the Chazan has completed the lashes?
(c)
On what grounds is the Chazan generally Patur from Galus should the sinner die during the Malkos?
(d)
On what condition will he nevertheless be Chayav?
39)
(a)
The chief Dayan who is reading the Pesukim - tries to ensure that the lashes and the Pesukim conclude simultaneously.
(b)
In the event that the Pesukim terminate before the Chazan completes the lashes - then he starts again from the beginning.
(c)
Should the sinner die during the Malkos, the Chazan is generally Patur from Galus - because he struck him be'Heter (See Tos. Yom-Tov).
(d)
Nevertheless, he will he Chayav - if he erred in the number (See Tos. Yom-Tov) and delivered an extra stroke.
40)
(a)
What does the Tana Kama say about a sinner who, whilst the Malkos is being delivered ...
1.
... urinates?
2.
... defacates?
(b)
From which Pasuk does he learn this?
(c)
What does Rebbi Yehudah say about it? What distinction does he draw between a man and a woman?
(d)
Why the difference?
(e)
Like whom is the Halachah?
40)
(a)
The Tana Kama rules that a sinner who, whilst the Malkos is being delivered ...
1.
... urinates or ...
2.
... defecates - is Patur from any further lashes.
(b)
He learns this from the Pasuk - "ve'Niklah Achicha le'Einecha" (which implies "and your brother will be shamed", which he is when that happens).
(c)
Rebbi Yehudah confines the P'tur by a man - to where he defecates, extending it even to urinating by a woman ...
(d)
... whose embarrassment is more acute than that of a man.
(e)
The Halachah is - like the Tana Kama.
41)
(a)
What does Rebbi Chananya ben Gamliel say about all Chayvei K'risus who received Malkos?
(b)
How does he learn it from the Pasuk in Ki Seitzei "ve'Niklah Achicha le'Einecha"?
(c)
On what condition is he Patur from Kareis?
41)
(a)
Rebbi Chananya ben Gamliel (See Tos. Yom-Tov) rules that all Chayvei K'risus who receive Malkos - are Patur from Kareis.
(b)
He learn it from the Pasuk in Ki Seitzei "ve'Niklah Achicha le'Einecha", which (also) implies that - 'once the sinner has received Malkos, he is your brother' ...
(c)
... provided he does Teshuvah on his sin.
42)
(a)
What Kal va'Chomer does Rebbi Chananya ben Gamliel learn from his previous statement with regards to someone who performs one Mitzvah?
(b)
Which Mitzvah is he referring to?
(c)
On what principle is Rebbi Chananya ben Gamliel's second statement based?
(d)
How do others explain his second statement, independently of his first one?
42)
(a)
Rebbi Chananya ben Gamliel learns from his previous statement that - if a person loses his soul (by receiving Malkos) for performing just one sin (See Tiferes Yisrael), how much more so will he gain his soul by performing a Mitzvah ...
(b)
... the Mitzvah of accepting his punishment graciously.
(c)
Rebbi Chananya ben Gamliel's second statement is based on the principle that - Hash-m's Midah of goodness exceeds that of punishment (See Tos. Yom-Tov).
(d)
Others explain his second statement to mean that - if one receives such a severe punishment for sinning, imagine how large a reward he will receive for performing a Mitzvah).
43)
(a)
How does Rebbi Shimon learn the same concept from the Pasuk in Acharei-Mos that mentions the Chiyuv Kareis, when it continues " ... asher Ya'aseh osam ha'Adam va'Chai bahem"?
(b)
In connection with which set of sins is this Pasuk written?
(c)
What does Rebbi Shimon bar Rebbi learn from the fact that the Torah warns us against drinking blood?
(d)
How does he learn it from there?
43)
(a)
Rebbi Shimon learns the same concept from the Pasuk in in Acharei-Mos with " ... asher Ya'aseh osam ha'Adam va'Chai bahem" which implies that - if the same person sits and refrains from sinning, he will receive a reward as if he had done a Mitzvah, even though all he has done is to desist from sinning.
(b)
This Pasuk is written in connection with - the Arayos (which are all subject to Kareis) .
(c)
Rebbi Shimon bar Rebbi learns from the fact that the Torah warns us against drinking blood - that someone who desists from Gezel and Arayos will certainly merit reward for himself and for all his generations to come (See Tos. Yom-Tov) ...
(d)
... since it is much more difficult to overcome the Yeizter ha'Ra to steal and to commit adultery (which are attractive) than it is to desist from drinking blood (which is loathsome)
44)
(a)
What does Rebbi Chananya ben Akashya say about ha'Kadosh-Baruch-Hu meriting Yisrael?
(b)
From which Pasuk in Yeshayah does he learn it?
(c)
What is another example of a Mitzvah that G-d need not have inserted in the Torah to which Rebbi Chananya ben Akashya might be referring?
44)
(a)
Rebbi Chananya ben Akashya says that ha'Kadosh-Baruch-Hu wants to merit Yisrael ...
(b)
... as the Pasuk in Yeshayah writes - "Hash-m wants for the sake of meriting them (Yisrael); that is why He made the Torah bigger (with more Mitzvos) and glorified it".
(c)
Another example of a Mitzvah that G-d need not have inserted in the Torah to which Rebbi Chananya ben Akashya might be referring is that - of not eating Sheratzim (bugs), which are disgusting anyway.
