[71a - 54 lines; 71b - 41 lines]
1)[line 8]"כי סובא וזולל יורש, וקרעים תלביש נומה""KI SOVEI V'ZOLEL YIVARESH, U'KERA'IM TALBISH NUMAH"- "For the drunkard and glutton will become impoverished, and slumber will clothe one in tatters" (Mishlei 23:21).
2)[line 10]תורתו נעשית לו קרעים קרעיםTORASO NA'ASEIS LO KERA'IM KERA'IM- his Torah [knowledge] becomes tatters [i.e. he forgets his learning, and remembers only snippets - RASHI]
3a)[line 15]אף על גב דשכיח ליהAF AL GAV DI'SHECHI'ACH LEI- although [the money] is regularly available to him
b)[line 16]בעיתBA'IS- he is afraid [that his father will discover his actions]
4)[line 19]אמו, מנא לה?IMO, MINA LAH?- from where does his mother have [funds]?
5)[line 19]מה שקנתה אשה, קנה בעלהMAH SHE'KANSAH ISHAH, KANAH BA'ALAH! - whatever a wife acquires, the husband acquires (TENA'EI KESUVAH)
(a)Every man holds certain obligations toward his wife, some of which he is obligated in mid'Oraisa, and some mid'Rabanan. Some of these conditions of marriage are written into every Kesuvah (Jewish marriage contract; (see Background to Sanhedrin 21:20:a), and they are all enforced by Beis Din. His Torah obligations include:
1.One must provide his wife with marital relations (Shemos 21:10).
2.One must provide her with clothing.
3.One must provide her with sustenance (Mezonos). Some opinions maintain that these last two obligations are mid'Rabanan in nature.
(b)Those stipulations of marriage that are Rabbinic in nature include:
1.One must provide his wife with any medical care that she requires for as long as they are married.
2.One must redeem his wife should she be taken captive. In exchange for this benefit, Chazal instituted that a husband may reap the profits of possessions belonging to his wife (Nichsei Milug; see Background to Bava Basra 158:2:b) for as long as they are married. Neither may forego their right in exchange for giving up their responsibility in this regard (Kesuvos 47b).
3.One is obligated to pay for the burial expenses of his wife. In exchange for this benefit, Chazal instituted that he inherits the dowry that she brought into the marriage (Kesuvos 47b).
4.If one dies before his wife, then his wife may continue to live in his house and is provided for by his estate until she decides to remarry. This is termed "Mezon ha'Ishah." (This Tenai was not in effect in all sectors of Eretz Yisrael. It applied in Yerushalayim and the Galil, but in Yehudah the heirs reserved the right to give her the value of her Kesuvah and require her to move out of their father's home (Mishnayos Kesuvos 4:7-12).)
5.After one's death, his daughters may continue to live in his house and are provided for by his estate, until they marry. This is termed "Mezon ha'Banos."
6.If one's wife dies before her husband, then her sons inherit the full value of her Kesuvah exclusively upon their father's death. This is aside from that which they split the remainder of their father's estate with any half-brothers born to their father's other wives. This is termed "Kesuvas Benin Dichrin."
(c)One is obligated to fulfill these conditions even if he omitted them from his wife's Kesuvah, or did not give her a Kesuvah to begin with.
(d)A husband is entitled to any Hefker (ownerless) items found by his wife and to her earnings. This is explained in Kesuvos, Daf 46-47.
6)[line 20]מסעודה המוכנת לאביו ולאמוMI'SE'UDAH HA'MUCHENES L'AVIV UL'IMO- [he stole] from a meal prepared for [both] his father and mother
7)[line 21]אינו חייב עד שיקנה בשר בזול...EINO CHAYAV AD SHE'YIKNEH BASAR B'ZOL- he is not liable unless he buys meat cheaply [implying that if he steals meat and wine directly, he is exempt]
8)[line 22]מדמי סעודה המוכנת לאביו ולאמוDEMEI SE'UDAH HA'MUCHENES L'AVIV UL'IMO- money designated for a meal to be prepared for [both] his father and mother [she too is legally entitled to this money, due to the husband's obligation to provide food for his wife - RASHI]
9a)[line 22]דאקני לה אחרAKNI LAH ACHER- another person transferred it to her...
b)[line 23]ואמר לה, ''על מנת שאין לבעליך רשות בהן''V'AMAR LAH, ''AL MENAS SHE'EIN L'VA'ALICH RESHUS BAHEN''- ...saying to her, ''on condition that your husband have no control over them''
10)[line 23]היה אביו רוצה, ואמו אינה רוצהHAYAH AVIV ROTZEH, V'IMO EINAH ROTZAH- if his father was willing [to bring the Ben Sorer u'Moreh to court to be executed], but his mother was not willing
11)[line 25]אם לא היתה אמו ראויה לאביוIM LO HAYESA IMO RE'UYAH L'AVIV- if his mother was unfit to his father (the Gemara will explain this phrase)
12)[line 26]חייבי כריתות, וחייבי מיתות בית דיןCHAYAVEI KERISUS, V'CHAYAVEI MISOS BEIS DIN- [forbidden relationships] liable to Kares (see Kerisus 2a) or the death penalty in Beis Din (see Sanhedrin 53a, 75a, 84b)
13)[line 27]סוף סוף ,אבוה אבוה (נינהו) [ניהו]SOF SOF, AVUHA AVUHA NIHU- ultimately, his father is still his father [and the son would still be liable as a Ben Sorer u'Moreh]
14)[line 27]בשוה לאביוSHAVAH L'AVIV- [she must be] identical to his father
15)[line 28]בקול ובמראה ובקומהB'KOL, UV'MAR'EH UV'KOMAH- in voice, appearance and height
16)[line 30]כמאן אזלא הא דתניאK'MAN AZLA HA D'TANYA- according to whose opinion is the [following] Beraisa
17)[line 31]דרוש, וקבל שכרDEROSH, V'KABEL SACHAR- expound it, and receive reward
18)[line 32]כרבי יהודהK'REBBI YEHUDAH- it is according to Rebbi Yehudah, who requires that the parents of the Ben Sorer u'Moreh have similar voices. A woman with a masculine voice has one of the signs of an Ailonis (See Background to Sanhedrin 69:32); likewise, a man with a feminine voice has one of the signs of a Saris (Yevamos 80b; see Background to Nidah 47:35). A confirmed Ailonis or Saris are incapable of having children; hence, it would be impossible for a Ben Sorer u'Moreh to exist (HAGAHOS HA'BACH).
19)[line 35]אני ראיתיו, וישבתי על קברוANI RE'ISIV, V'YASHAVTI AL KIVRO- I saw [a Ben Sorer u'Moreh], and I sat on (i.e., next to) his grave
20)[line 36]עיר הנדחתIR HA'NIDACHAS
(a)A city that was led astray (Nidach) to the extent that a majority of its inhabitants willfully committed idolatry, must be destroyed. All of those who were led astray must be killed, and the city burned, along with all of the possessions of its inhabitants, as stated in Devarim 13:13-19. The righteous people who were not led astray are not killed, but their possessions are burned.
(b)Other requirements to classify a city as an Ir ha'Nidachas is that the Madichim must be male residents of the city and must be from the same tribe to which the city belongs. There must be at least two Madichim, who must influence the majority of the city (with a minimum of 100 people). In addition, the city cannot be a border town.
21)[line 39]"ואת כל שללה תקבוץ אל תוך רחבה, ושרפת באש [את העיר ואת כל שללה כליל לה' א-לקיך; והיתה תל עולם, לא תבנה עוד]""V'ES KOL SHELALAH TIKBOTZ EL TOCH RECHOVAH, V'SARAFTA VA'ESH..."- "And you shall gather all of its spoils into the midst of its town square, and you shall burn [the city and all of its spoils with fire to HaSh-m your G-d; and it shall be a heap forever; it shall not be built again]" (Devarim 13:17).
22)[line 40]"לא תעשון כן לה' א-לקיכם""LO SA'ASUN KEN LA'SH-M EL-KEICHEM"- "You shall not do thus towards HaSh-m, your G-d" (Devarim 12:4). After commanding us to eradicate all traces of idolatry from Eretz Yisrael, this verse prohibits erasing the name of HaSh-m, or destroying a Mizbe'ach or Beis ha'Kneses.
23)[line 41]תילהTILAH- the site of its ruins
24)[line 41]בית המנוגעBAYIS HA'MENUGA - a house afflicted with Tzara'as (NIG'EI BATIM)
(a)The marks of Tzara'as for houses consist of intense green or intense red streaks or spots that are at least the size of two Gerisin (a Gris is a Cilician bean, approximately the size of a dime) (Nega'im 12:3). If Tzara'as is found on the walls of a house, it is put into quarantine by a Kohen for a week. Before the Kohen puts the house into quarantine, he commands that the house be emptied of its contents to prevent its utensils from becoming Tamei.
(b)The Kohen returns six days later to check the house. If the Tzara'as has spread, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for another week. If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the house must be taken out of the city, and they remain Asur b'Hana'ah forever.
(c)On the other hand, if the Tzara'as did not change after the first week, the Kohen leaves it as is and returns again six days later. If the Tzara'as has either spread or remained, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for yet another week (Vayikra 14:40). If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45).
(d)If during one of the inspections at the end of the first or second week, the Kohen finds that the Tzara'as has disappeared or diminished in intensity such that it can no longer be classified as a Nega, the location of the spot alone is scraped and the house is declared Tahor after the owner follows the procedure for being Metaher houses (see Background to Sukah 13:11:IV). (RAMBAM Hilchos Tum'as Tzara'as 15:2)
25)[line 44]כשתי גריסיןKI'SHTEI GERISIN- the size of two Cilician beans (see preceding entry, paragraph (a))
26)[line 44]בקרן זויתKEREN ZAVIS- a corner
27)[line 45]"[...והנה הנגע ב]קירות [הבית שקערורת ירקרקת או אדמדמת; ומראיהן שפל מן ה]קיר""[V'HINEH HA'NEGA B']KIROS [HA'BAYIS... U'MAR'EIHEN SHAFAL MIN HA']KIR"- "[And he shall examine the affliction, and behold, the affliction is] on the walls [of the house... and their appearance seems to be set in to the] wall (lit. lower than the wall)" (Vayikra 14:37).
28)[line 47]חורבתא סגירתאCHURVESA SEGIRESA- ruins with Tzara'as
29)[line 48]מקום שמציינין אותוMAKOM SHE'METZAYENIN OSO- a place that they would mark off [as Tamei, to be avoided by those who handled Taharos]
30)[line 49]אבנים מנוגעות פינו לשםAVANIM MENUGA'OS PINU L'SHAM- they cleared away stones afflicted with Tzara'as to there
31a)[line 49]היה אחד מהם גידםHAYAH ECHAD ME'HEM GIDEM- if one of them (the parents of the Ben Sorer u'Moreh) was lacking hands
b)[line 49]חיגרCHIGER- lame
c)[line 50]אלםILEM- mute
d)[line 50]סומאSUMA- blind
e)[line 50]חרשCHERESH- deaf [for the Pesukim cited in the Mishnah regarding the Ben Sorer u'Moreh, see Background to Sanhedrin 45: 45-46]
32)[line 52]ולא חרשיןV'LO CHERESHIN- and not [when the parents are] deaf (for they would not be able to hear what their son responded to their rebuke)
33)[line 52]מתרין בו בפני שלשה, ומלקין אותוMASRIN BO BI'FNEI SHELOSHAH, U'MALKIN OSO- we warn him before three people; and we administer Malkus (lashes). The Gemara will explain this phrase.
34)[line 53]חזר וקלקלCHAZAR V'KILKEL- if he once again spoiled [i.e. he repeated his gluttonous ways]
35)[last line]בעינן קרא כדכתיבBA'INAN KERA K'DICHSIV- we require the precise fulfillment of the wording of Pesukim (the Gemara discusses this topic on Daf 45b)
71b----------------------------------------71b
36)[line 2]בתרי סגיא!TREI SAGYA- let two witnesses be sufficient (to testify before the Beis Din that his parents indeed admonished him, to no avail)
37a)[line 3]מתרין בו בפני שניםMASRIN BO BI'FNEI SHNAYIM- [the parents] admonish him before two [witnesses]
b)[line 3]ומלקין אותו בפני שלשהU'MALKIN OSO BI'FNEI SHELOSHAH- and [Beis Din then] gives him Malkus before three [judges]
38a)[line 5]למדנו "ויסרו" מ"ויסרו"LAMADNU "V'YISRU" MI"V'YISRU"- we have derived [that a Motzi Shem Ra (see Background to Sanhedrin 2:8) is liable to Malkus, from the Malkus given to the Ben Sorer u'Moreh,] by means of a Gezeirah Shavah using the word "v'Yisru" (Gezeirah Shavah - see Background to Sanhedrin 67:30).
b)[line 6]"ויסרו" מ"בן""V'YISRU" MI'"BEN"- [and]we derive that the word "v'Yisru" [stated regarding the Ben Sorer u'Moreh indicates Malkus] from the word "Ben" [in the same verse]
c)[line 6]ו"בן" מ"בן"U'"BEN" MI'"BIN"- and [then by means of a Gezeirah Shavah] using the words "Ben" and "Bin" (of the following verse)...
d)[line 6]"והיה אם בן הכות הרשע [והפילו השפט והכהו לפניו...]""V'HAYAH IM BIN HAKOS HA'RASHA..."- "And if it shall be that the wicked man deserves lashes, [then the judge shall cast him down and strike him in his presence, of a certain number according to his wickedness]" (Devarim 25:2).
39)[line 10]עד שלא נגמר דינוAD SHE'LO NIGMAR DINO- when his trial had not yet been completed
40)[line 11]משנגמר דינוMISHE'NIGMAR DINO- after his trial was completed (with a "guilty" verdict)
41)[line 13]בן נחBEN NOACH
(a)People other than Jews are often referred to as Benei Noach (since all of mankind is descended from Noach). From the time of Adam ha'Rishon and Noach, mankind was commanded to keep seven Mitzvos, even before the Jewish nation existed (see Background to Sanhedrin 56:25). Although the 613 Mitzvos of the Torah superseded these Seven Mitzvos for the Jewish nation, these Mitzvos remain binding on Benei Noach today.
(b)A Ben Noach who transgresses any one of these seven Mitzvos has committed such a breach in the natural order that he incurs the death-penalty. Chazal termed this as, "Ben Noach - Azharaso Zo Hi Misaso" - "Any act prohibited to a Ben Noach invokes the death sentence" (RAMBAM Hilchos Melachim 9:14). A Ben- Noach may be tried before one judge, based on the testimony of one witness, and even if he was not warned before the act (57b). Tana'im disagree as to whether the applicable death penalty is Sayaf or Chenek.
42)[line 13]שבירך את השםBEIRECH ES HASH-M - who "blessed" (a euphemism for "blasphemed") the name of HaSh-m (MEGADEF)
(a)One is prohibited to curse HaSh-m (Shemos 22:27). A Jew who does so in front of valid witnesses, after having been properly warned, is liable to receive Sekilah (stoning) (Vayikra 24:14-15). He is liable to receive this penalty, however, only if he expressed his curse in a format of "Yakeh Yosi Es Yosi." This means that he articulated in his curse that HaSh-m should smite Himself, while expressing two names of HaSh-m (derived from Vayikra 24:17; Mishnah and Gemara, Sanhedrin 56a). For further explanation, see Insights to Sanhedrin 55:1.
(b)This prohibition is also one of the Seven Mitzvos commanded to Benei Noach (See Background to Sanhedrin 56:25).
43a)[line 14]הואיל ונשתנה דינוHO'IL V'NISHTANEH DINO- since [the procedure for] his trial has changed (see above, entry #41:b)
b)[line 15](נשתנה) [ונשתנית] מיתתו[V'NISHTANEIS] MISASO- and [the form of] his death-penalty has changed
44)[line 18]לא, שאני הכאLO, SHA'ANI HACHA- no, [for perhaps] the case here (i.e. our Mishnah) is different
45)[line 22]שהכה את חבירוHIKAH ES CHAVEIRO- who smote [and killed] his fellow [ben-Noach]
46)[line 23]עשה כן בישראלASAH KEN B'YISRAEL- if he did so to a Yisrael
47)[line 25]דינו ומיתתו בעינןDINO U'MISASO BA'INAN- [to exempt him], we require [a change in] both his trial and his death-penalty
48)[line 27]מעיקרא סייף, והשתא סייףME'IKARA SAYAF, V'HASHTA SAYAF- originally [this act was punishable by] Hereg (beheading by the sword), and now [it is still punishable by] Hereg. (For an outline of the four types of death penalties administered by Beis Din, see Background to Sanhedrin 8:58.)
49)[line 28]בנערה המאורסהNA'ARAH HA'ME'ORASAH
(a)One who commits adultery with a married woman, after having been properly warned of the consequences by two valid witnesses, receives the death penalty of Chenek (choking). If the woman was a willing participant in the act, then she too receives Chenek.
(b)One exception to this rule is if the woman was a Na'arah Besulah Me'orasah, a virgin (Besulah) during her first six months after reaching her physical maturity (Na'arah) who had been betrothed with Kidushin (Me'orasah) but not fully married (Nisu'in). In this case, the adulterer and adulteress receive Sekilah (stoning) instead of Chenek (Devarim 22:22-24).
50)[line 28]דאידי ואידי בסקילהIDI V'IDI BI'SEKILAH- whether this case [before conversion] or that case [after conversion] would be punishable by Sekilah. (In cases when Benei Noach would not normally be punished for adultery (e.g. a Me'orasah), if a Ben-Noach commits said adultery with a Jewish woman, he would be liable to the punishment applying to Jews (in the case of a Na'arah ha'Me'orasah, Sekilah) - RASHI, citing the Gemara 57a.)
51)[line 28]והא "עשה כן בישראל", דומיא ד"אשת חבירו" קתני!HA "ASAH KEN B'YISRA'EL," DUMYA D'"ESHES CHAVEIRO" KA'TANI!- but when the Beraisa stated, "he did so among Yisrael," it must be parallel to the case of "his fellow's wife" (for whom he would only be liable for a full Nesu'ah)!
52)[line 29]קלה בחמורה מישך שייכאKALAH BA'CHAMURAH MEISHACH SHAYACHA- a more lenient penalty is deemed to be a component portion of a stricter one [and therefore, the change from Hereg to Chenek is not considered a "change" in penalty - RASHI]
53)[line 33]לימא מסייעא ליהLEIMA MESAYE'A LEI- let us say that [the following Beraisa] supports him (Rebbi Chanina, who stated that we consider the defendant's new status at the time of the trial)
54)[line 33]סרחה, ואחר כך בגרהSARECHAH, V'ACHAR KACH BAGERAH- she (the Na'arah ha'Me'orasah) became spoiled (i.e., committed adultery), and then later matured to the status of Bogeres
55)[line 34]בסקילה מאי טעמא לא?SEKILAH, MAI TA'AMA LO?- why is she not punished with Sekilah?
56)[line 34]דהואיל ואישתני אישתניHO'IL V'ISHTENI, ISHTENI- since she has changed (both physically and regarding the applicable penalty - RASHI), she has changed [and we may no longer punish her with Sekilah]
57)[line 35]וכל שכן הכא, דאישתני לגמרי!KOL SHE'KEN HACHA, D'ISHTENI L'GAMREI!- how much more so here, for [the Ben -Noach who has converted] has changed completely!
58)[line 35]תני "תידון בסקילה"TENI, "TIDON BI'SEKILAH"- [correct the text in your Beraisa and] teach, "she should be punished with Sekilah"
59)[line 36]נידון על שם סופוNIDON AL SHEM SOFO- he is tried [and executed] for what he will end up to be
60a)[line 37]שמיתתן של רשעים, הנאה להן, והנאה לעולםMISASAN SHEL RESHA'IM HANA'AH LAHEN, V'HANA'AH LA'OLAM- the death of the wicked is beneficial to them [for they will sin no more], and beneficial to the world [which will enjoy tranquility in their absence]
b)[line 37]לצדיקים, רע להן, ורע לעולםLA'TZADIKIM, RA LAHEM V'RA LA'OLAM- [death] for the righteous is detrimental for them [for they can longer learn Torah and earn merit], and detrimental to the world [for their Torah learning no longer protects the generation, and misfortune is liable to come - RASHI]
61)[line 39]פיזורPIZUR- scattering, dispersion