[43a - 42 lines; 43b - 51 lines]
1)[line 41]"[... וַיּוֹצִיאוּ אֶת הַמְקַלֵּל אֶל מִחוּץ לַמַּחֲנֶה,] וַיִּרְגְּמוּ אֹתוֹ אָבֶן; וּבְנֵי יִשְׂרָאֵל עָשׂוּ כַּאֲשֶׁר צִוָּה ה' אֶת מֹשֶׁה""[VA'YOTZI'U ES HA'MEKALEL EL MI'CHUTZ LA'MACHANEH,] VA'YIRGEMU OSO AVEN; U'VNEI YISRAEL ASU KA'ASHER TZIVAH HASH-M ES MOSHE"- "[... and they removed he who cursed HaSh-m to [a place] outside of the camp,] and they stoned him with a stone; and Bnei Yisrael acted as HaSh-m commanded Moshe]" (Vayikra 24:23) - see Background to 42:74
2)[line 4]"אותו" ולא בכסותו"OSO" V'LO BI'CHESUSO- "him" implies without his clothing. This is so that the condemned suffers less (45a). This law is derived from the word "Oso" that appears in the verse in which HaSh-m commanded Moshe to stone the Mekalel (Vayikra 24:14). It is written again here in the verse that describes that which they fulfilled HaSh-m's directive since the word "Aven" is required to teach a different law (as the Gemara goes on to explain).
3)[line 6]"[... רָגוֹם אֹתוֹ בָ]אֲבָנִים [כָּל הָעֵדָה...]""[… RAGOM OSO VA']AVANIM [KOL HA'EDAH...]"- "[... all of the congregation should stone him with] stones ..." (Bamidbar 15:35). This verse is written regarding the Mekoshesh Etzim (see Background to 41:2).
4)[line 10]והא האי תנא "נאמר" קאמר!V'HA HAI TANA "NE'EMAR" KA'AMAR!- but that Tana [of the Beraisa (cited on 42b)] said that [it was derived from a Gezeirah Shavah based upon that which] it says ["mi'Chutz la'Machaneh"]!
5)[line 11]אילו לא נאמר קאמרILU LO NE'EMAR KA'AMAR- (Rav Papa answers) [the Tana] meant [that] if it had not said ["va'Yotzi'u Es ha'Mekalel" an extra time, we would have been able to derive it from a Gezeirah Shavah]
6)[line 17](חד) לסמיכה (וחד) [ו]לדחייה(CHAD) L'SEMICHAH (V'CHAD) [U]L'DECHIYAH- [to teach us] that [those who heard the Mekalel] leaned [their hands upon his head (see Vayikra 24:14)] and that [one of the witnesses] pushed [him off of the platform of the Beis ha'Sekilah (derived from Shemos 19:13; see 45a)]
7a)[line 19]אחד אבן שנסקל בהECHAD EVEN SHE'NISKAL BAH- whether the stone with which he is stoned
b)[line 19]ואחד עץ שנתלה בוV'ECHAD ETZ SHE'NISLAH BO- or whether the plank from which he is hanged [after stoning (see Devarim 21:22-23 and 45b)]
8)[line 20]סייףSAYIF- sword (see Background to 41:4:a:3)
9)[line 20]סודר שנחנק בוSUDAR SHE'NECHNAK BO- the scarf with which he is strangled (see Background to 41:4:a:4)
10)[line 20]משל צבורMI'SHEL TZIBUR- come from communal [funds]
11)[line 21]וליתיהLEISEI- bring
12)[line 23]למעבד בה הצלהL'ME'EVAD BAH HATZALAH- to come up with the wherewithal through which to save him
13)[line 24]קורט של לבוKORT SHEL LEVONAH- a small amount of frankincense
14)[line 25]כדי שתטרף דעתוKEDEI SHE'TITAREF DAITO- in order to addle his thoughts [so that he will not (a) do everything in his power to delay his death (our Girsa in RASHI); (b) feel anguish (alternate Girsa in RASHI cited by the GILYON)]
15)[line 25]"תְּנוּ שֵׁכָר לְאוֹבֵד,וְיַיִן לְמָרֵי נָפֶשׁ""TENU SHECHAR L'OVED, V'YAYIN L'MAREI NAFESH"- "Give old wine to one who is lost, and wine to one who is bitter of spirit" (Mishlei 31:6). Although "Oved" refers to the wicked in the simple meaning of the verse, our Gemara interprets it to be referring to one who is condemned to death.
16)[line 26]נשים יקרותNASHIM YEKAROS- wealthy women
17)[line 26]מתנדבותMISNADVOS- donate
18)[line 29]ונשתתקNISHTATEK- he became mute (and presumably unable to communicate in any way)
19)[line 29]מנפח רב ששת בידיהMENAPE'ACH RAV SHESHES B'YADEI- Rav Sheshes blew into his hand [to symbolize that the question was immaterial]
20)[line 29]נשתתק, אפילו אחד בסוף העולם נמי!NISHTATEK, AFILU ECHED B'SOF HA'OLAM NAMI!- [if we are to worry what] one who cannot communicate [would say], [we should] also [worry that there is] someone at the end of the world [who is able to suggest a logic that would acquit the defendant]!
21)[line 31]רואין אותו כאילו חי ועומד במקומוRO'IN OSO KE'ILU CHAI V'OMED BI'MEKOMO- we view him as if he is alive and standing in his place (i.e., of the same opinion) [and his opinion counts toward the final verdict]
22)[line 32]אמר תיבעי לךAMAR TIBA'I LACH- my question to you is in a case in which he said [that he has a logic to acquit the defendant, but fell mute or died before he had a chance to explain himself]. Although Rebbi Yosi clearly discussed a case in which a Talmid had explained his logic before his death, perhaps he did not discuss the case Rav Acha bar Huna since it is an uncommon one.
23)[line 33]ואפילו פעם ראשונה ושניה?VA'AFILU PA'AM RISHONAH V'SHENIYAH?- and [must we first determine that there is some validity to his logic before returning him to Beis Din] even the first two times [that he suggests such]?
24)[line 36]מפעם שניה ואילךMI'PA'AM SHENIYAH VA'EILACH- from [after] the second time (i.e., the third time) and onward
25)[line 36]מנא ידעי?MENA YAD'EI?- how are [the messengers of Beis Din, who need not be learned,] to know [that there is some validity to his logic]?
26)[line 36]דמסרינן ליה זוגא דרבנןMASRINAN LEI ZUGA D'RABANAN- we give them a pair of scholars [to accompany them from the third time and onward]
27a)[line 37]אגב דבעיתAGAV D'VA'IS- since he is scared [due to his impending death]
b)[line 37]לא מצי אמר כל מאי דאית ליהLO MATZI AMAR KOL MAI D'IS LEI- he is unable to say all that he has [in mind in a clear fashion, and we would therefore allow to return to Beis Din even if he did not present a valid logic]
28)[line 38]פטרוהוPATRUHU- we acquit him
29)[line 39]וכרוזKRUZ- an announcement
30)[last line]דידעיD'YAD'EI- who know [that the witnesses were elsewhere at the time that they claimed to witness the sin]
31)[last line]ומזיםMEZIM- cause them to become Edim Zomemim (see Background to 41:11)
32)[last line]לפניו אין, מעיקרא לא?LEFANAV IN, ME'IKARA LO?- before him [as he is led to be stoned], and not prior? The explanation of our Gemara's question, the answer, and the Agadic segment that bridges the gap between these words and the next were removed from this point in the Gemara by Christian censors. These segments, along with Rashi's explanation, can be found printed in the Oz v'Hadar and Wagschal / Moznayim Gemaros, or in the Sefer Chesronos ha'Shas.
43b----------------------------------------43b
33a)[line 1]כל הזובח את יצרוKOL HA'ZOVE'ACH ES YITZRO- anyone who slaughters his evil inclination [by refusing to listen to him after having done so in the past]
b)[line 1]ומתודה עליוU'MISVADEH ALAV- and confesses [his past sins to HaSh-m as part of his Teshuvah process]
34)[line 2]מעלה עליו הכתובMA'ALEH ALAV HA'CHASUV- the verse considers him
35)[line 4]"זֹבֵחַ תּוֹדָה יְכַבְּדָנְנִי...""ZOVE'ACH TODAH YECHABDANENI..."- "One who offers praise honors Me ..." (Tehilim 50:23). Our Gemara interprets these words to mean, "One who slaughters and confesses has honored Me...". The double "Nun" in the word "Yechabdaneni" implies two worlds.
36)[line 5]עולהOLAH - a voluntary burnt-sacrifice (OLAS NEDAVAH)
(a)An Olah sacrifice has the status of Kodshei Kodashim (see Background to Kidushin 52:32), and is sometimes required of the public (e.g., the Korban Tamid) and sometimes of an individual. An Olah may be offered by an individual to atone for the transgression of an Asei (a positive commandment), a Lav she'Nitak l'Asei (see Background to Yoma 36:19), or certain sinful thoughts (see Vayikra Rabah 7:3). Voluntary Olos (Olos Nedavah) may be offered as well. A Korban Olah must be a male cow, sheep, or goat.
(b)One who offers a Korban Olah first leans on the animal with all his might (Semichah) in the northern area of the Azarah. He then recites Viduy, confessing his sin and asking HaSh-m for forgiveness. Because an Olah is in the category of Kodshei Kodshim (a greater degree of Kedushah), it must be slaughtered in the northern part of the Azarah (as opposed to Kodshim Kalim, which may be slaughtered anywhere in the Azarah). The blood of the Olah is applied to the northeastern and southwestern corners of the Mizbeach only, in such a way that there is Dam on all sides of the Mizbe'ach (Shenayim she'Hen Arba). The Korban is then skinned and dismembered. An Olah is unique in that the meat of the animal is burned in its entirety. The skin of the animal, however, is given to the Kohanim. An Olah must be burned on the same day that it is slaughtered. Nesachim (see Background to Yoma 31:30) are offered together with a Korban Olah.
37)[line 6]מנחהMINCHAH - voluntary flour-offerings of an individual (MINCHAS NIDVAS YACHID)
(a)Korbenos Minchah are offerings that contain flour. In private Menachos, a Kometz of the offering is burned on the Mizbe'ach ha'Chitzon. The remainder of the Minchah (the Sheyarei ha'Minchah) is eaten by male Kohanim in the Azarah, since the Korban Minchah is in the category of Korbanos known as Kodshei Kodashim (see Background to Kidushin 52:32).
(b)A Kometz is defined as that which can be held between the middle three fingers and the palm. The Kohen places his hand in the mixture and removes one handful. He then wipes away the excess extending beyond his three middle fingers using his thumb and pinky until only the Kometz remains.
(c)Kemitzah (removal of a Kometz) is only performed when a Minchah is brought by a non-Kohen. A Minchah offered by a Kohen is entirely burned on the Mizbe'ach.
(d)A Kometz of Levonah (frankincense or oliban, a gum resin that comes from trees found in present-day Arabia and India) is placed on top of most Menachos and is later offered upon the Mizbe'ach ha'Chitzon.
(e)All Korbanos may be offered jointly by more than one person, with the exception of the Korbenos Minchah. This is due to the verse which states, "וְנֶפֶשׁ כִּי תַקְרִיב קָרְבַּן מִנְחָה" "v'Nefesh Ki Sakriv Korban Minchah..." - "And when a soul (singular) will offer a flour offering..." (Vayikra 2:1; Menachos 104b). See Background to Chagigah 7:13 for a detailing of various types of voluntary Menachos that can be offered by an individual.
38)[line 7]שדעתו שפלהDA'ATO SHEFELAH- is humble of spirit
39)[line 8]"זִבְחֵי אֱלֹקִים רוּחַ נִשְׁבָּרָה; לֵב נִשְׁבָּר וְנִדְכֶּה אֱלֹקִים לֹא תִבְזֶה""ZIVCHEI EL KIM RU'ACH NISHBARA; LEV NISHBAR V'NIDKEH EL-KIM LO SIVZEH"- "A broken spirit is as offerings to G-d; G-d will not disgrace a broken and crushed heart" (Tehilim 51:19).
40)[line 10]נמאסתNIM'ESES- rejected (lit. found to be disgusting)
41)[line 12]כעשר אמותK'ESER AMOS- approximately ten Amos (approximately 4.56 m / 15', 4.8 m / 15'9", or 5.76 m / 18'11", depending upon the differing Halachic opinions)
42)[line 14]בעכןACHAN (KLAL YISRAEL'S FIRST DEFEAT)
(a)Partaking of the spoil of Yericho (see Background to Ta'anis 14:10) was forbidden. The traitorous Achan ben Karmi ben Zavdi ben Zerach of the tribe of Yehudah ignored this directive, and - unbeknownst to the rest of Klal Yisrael - helped himself to some of the booty. As a result of this transgression, Klal Yisrael lost the following battle at Ay, and thirty-six men perished.
(b)HaSh-m instructed Yehoshua to draw lots to uncover the guilty party, and sentence him to death. Upon discovering that the culprit was Achan, Yehoshua confronted him and Achan admitted to his guilt. Achan was then put to death to atone for his sin. Stones were piled over his grave as a sign that he had died an ignominious death (Yehoshua 7:1-26). The Gemara will discuss this episode in detail.
43)[line 15]"[וַיֹּאמֶר יְהוֹשֻׁעַ אֶל עָכָן,] בְּנִי, שִׂים נָא כָבוֹד [לַה'] אֱלֹקֵי יִשְׂרָאֵל, וְתֶן לוֹ תוֹדָה; [וְהַגֶּד נָא לִי מֶה עָשִׂיתָ, אַל תְּכַחֵד מִמֶּנִּי]. וַיַּעַן עָכָן אֶת יְהוֹשֻׁעַ וַיֹּאמַר, אָמְנָה אָנֹכִי חָטָאתִי... וְכָזֹאת וְכָזֹאת עָשִׂיתִי""[VA'YOMER YEHOSHUA EL ACHAN,] 'BENI, SIM NA CHAVOD [LA'SH-M] EL-KEI YISRAEL V'SEN LO SODAH; [V'HAGED NA LI MEH ASISA, AL TECHACHED MIMENI].' VA'YA'AN ACHAN ES YEHOSHUA VA'YOMAR, 'AMNAH ANOCHI CHATASI [LA'SH-M EL-KEI YISRAEL], VECHA'ZOS VECHA'ZOS ASISI"- "[And Yehoshua said to Achan,] 'My son, please give honor to [HaSh-m] G-d of Yisrael and confess to Him; [please tell me what you did - do not withhold it from me]'. And Achan answered Yehoshua and he said, 'Truthfully I have sinned against HaSh-m G-d of Yisrael, and I did such-and-such" (Yehoshua 7:19-20). In the ensuing verses, Achan details his sin.
44)[line 18]"וַיֹּאמֶר יְהוֹשֻׁעַ, 'מֶה עֲכַרְתָּנוּ! יַעְכָּרְךָ ה' בַּיּוֹם הַזֶּה!' [וַיִּרְגְּמוּ אֹתוֹ כָל יִשְׂרָאֵל אֶבֶן, וַיִּשְׂרְפוּ אֹתָם בָּאֵשׁ, וַיִּסְקְלוּ אֹתָם בָּאֲבָנִים]""VA'YOMER YEHOSHUA, 'MEH ACHARTANU! YA'KARCHA HASH-M BA'YOM HA'ZEH!' VA'YIRGEMU OSO CHOL YISRAEL EVEN, VA'YISREFU OSAM BA'ESH, VA'YISKELU OSAM BA'AVANIM"- "And Yehoshua said, 'How you have devastated us! HaSh-m will devastate you on this day! [And all of Yisrael stoned him with a stone, and they burned them in fire, and they stoned them with stones]" (Yehoshua 7:25). The Gemara (44a) explains that it was his monetary possessions that were burned, and his animals who were stoned.
45)[line 23]מזומםMEZUMAM- the victim of false testimony
46)[line 26]לנקות עצמןL'NAKOS ATZMAN- lit. to cleanse themselves; i.e., so that they will be viewed as innocent victims
47)[line 26]נאNA- please (see above, entry #43)
48)[line 28]"חָטָא יִשְׂרָאֵל [וְגַם עָבְרוּ אֶת בְּרִיתִי אֲשֶׁר צִוִּיתִי אוֹתָם; וְגַם לָקְחוּ מִן הַחֵרֶם, וְגַם גָּנְבוּ, וְגַם כִּחֲשׁוּ, וְגַם שָׂמוּ בִכְלֵיהֶם]""CHATA YISRAEL [V'GAM AVRU ES BERISI ASHER TZIVISI OSAM; V'GAM LAKCHU MIN HA'CHEREM, V'GAM GANVU, V'GAM KICHASHU, V'GAM SAMU BI'CHLEIHEM]"- "Yisrael has sinned [and they have also transgressed My covenant that I have commanded them; and they have also taken from (the spoils) that were sanctified, and they have also stolen, and they have also denied, and they have also placed (their ill-gotten gains) into their vessels]" (Yehoshua 7:11).
49)[line 29]דילטורDILATOR- an informer
50)[line 29]הפל גורלותHAPEL GORALOS- cast lots
51)[line 31]יהושע, בגורל אתה בא עלי?YEHOSHUA, B'GORAL ATAH BA ALAI?- Yehoshua, through lots you come to [put] me [to death]?
52)[line 34]אל תוציא לעזAL TOTZI LA'AZ- do not cast aspersions
53)[line 36]שתתחלק בגורלTISCHALEK B'GORAL- it will be apportioned [to Klal Yisrael] through lots
54)[line 37]שחודי שחדיה במיליSHECHUDEI SHACHDEI B'MILEI- he bribed him with words
55a)[line 38]כלום נבקש ממך אלא הודאה?KLUM NEVAKESH MIMCHA ELA HODA'AH?- is any more asked of you other than an admission?
b)[line 39]תן לו תודה והיפטר!TEN LO TODAH V'HIPATER!- admit to Him and be acquitted! This was not explicitly stated to Achan, as it was not true; Achan was stoned after admitting his guilt. Rather, he was allowed to assume that the admission that was asked of him would not act to his detriment (RASHI; See also MAHARSHA and HAGAHOS YA'AVETZ).
56)[line 42]שמעלMA'AL- derived benefit in a Halachically forbidden manner
57)[line 42]חרמיםCHARAMIM- spoils of war that had been sanctified
58)[line 43]שנים בימי משהSHENAYIM BI'YEMEI MOSHE- two when Moshe Rabeinu was alive. These were 1. when Klal Yisrael fought against Kena'ani Melech Arad (see Bamidbar 21:2), and 2. a) another time that is not specified in the Torah (RASHI); b) when Klal Yisrael fought against Sichon (Devarim 2:34) and Og (Devarim 3:6) (RAN and other Rishonim).
59)[line 43]"כזאת וכזאת עשיתי""KA'ZOS VECHA'ZOS ASISI"- "I did such-and-such" (Yehoshua 7:20). Each "ka'Zos" implies that he had previously sinned in a similar fashion.
60)[line 44]ארבעה בימי משהARBA'AH BI'YEMEI MOSHE- four when Moshe Rabeinu was alive. These were 1. when Klal Yisrael fought against Kena'ani Melech Arad (see Bamidbar 21:2), and a) three other times that are not specified in the Torah (RASHI); b) 2. when Klal Yisrael fought against Sichon (Devarim 2:34), 3. when Klal Yisrael fought against Og (Devarim 3:6), and 4. when Klal Yisrael fought against Amalek (see also Shmuel I 15:3, when HaSh-m forbade taking spoils form Amalek) (RA'AVAD, RAN, and other Rishonim; see also MAHARSHA).
61)[line 45]"אנכי חטאתי... וכזאת וכזאת עשיתי""ANOCHI CHATASI... VECHA'ZOS VECHA'ZOS ASISI"- "I have sinned [against HaSh-m G-d of Yisrael] and I did such-and-such" (Yehoshua 7:20). (a) "Anochi Chatasi" implies one previous sin, "ka'Zos" implies a second previous sin, and "vecha'Zos" - together with the "Vav" - implies two additional previous sins (YAD RAMAH); (b) each "vecha'Zos" - together with the "Vav" - implies an additional two sins (TOSFOS HA'ROSH; see RABEINU YONAH and MAHARSHA).
62)[line 46]שלא ענש על הנסתרות עד שעברו ישראל את הירדןLO ANASH AL HA'NISTAROS AD SHE'AVRU YISRAEL ES HA'YARDEN- [HaSh-m] did not punish [the righteous] for [sins that others had committed and] that [the righteous] were not aware of until after Klal Yisrael had crossed over the Jordan River [and every individual accepted upon himself responsibility for the rest of the nation ("Arvus"; see Sotah 37b)] (see Girsa of RASHI)
63)[line 47]כתנאיK'TANA'EI- [this assertion of Rebbi Yochanan in the name of Rebbi Elazar b'Rebbi Shimon] is the subject of a Tana'ic disagreement
64)[line 47]"הַנִּסְתָּרֹת לַה' אֱלֹקֵינוּ, וְהַנִּגְלֹת לָנוּ וּלְבָנֵינוּ עַד עוֹלָם...""HA'NISTAROS LA'SH-M EL-KEINU, VEHA'NIGLOS LANU UL'VANENU AD OLAM..."- "Those [sins] that are hidden [from our view] are the purview of HaSh-m our G-d [to punish the perpetrator], and those that are revealed [to us] are incumbent upon us and our children [to purge] forever..." (Devarim 29:28).
65)[line 48]נקוד עלNAKUD AL- [in a Sefer Torah] dots appear above
66)[line 48]מלמד שלא ענש על הנסתרות עד שעברו ישראל את הירדןMELAMED SHE'LO ANASH AL HA'NISTAROS AD SHE'AVRU YISRAEL ES HA'YARDEN- this teaches that [HaSh-m] did not punish [the righteous] for [sins that others had committed and] that they were not aware of until after Klal Yisrael had crossed over the Jordan River. The dots imply that the words underneath them should not be taken at face value. They therefore should really have appeared on top of the words "la'Sh-m El-keinu" to imply that hidden sins would not always be limited to the purview of HaSh-m. This was not done since it would be improper for the name of HaSh-m to be dotted. Therefore the Torah dotted the words "Lanu ul'Vanenu" to imply that the verse should be read "Those [sins] that are hidden [from our view] are the purview of HaSh-m our G-d as well as that of us and our children." The dot over the "Ayin" of "Ad" implies that just as only half of the word has a dot, this was not always true but rather took effect only after Klal Yisrael crossed the Jordan (See also TOSFOS DH Melamed and DH Amar).
67a)[line 50]לעולםL'OLAM- [from after Klal Yisrael crossed the Jordan] forever
b)[line 50]עד עולםAD OLAM- [that such sins are in the purview of HaSh-m] forever (since what other purpose do these words serve)?