Mishnah 1
1)
(a)One of the only two basic cases of S'reifah is 'ha'Ba al Ishah u'Bitah'. What exactly, is the case?
(b)What is the second case?
(c)The former Isur has many branches. What does the source Pasuk in Kedoshim say?
(d)The Tana adds to the list 'Bito, u'Bas Bito, u'Bas Bitah, u'Bas B'nah'. Why is 'Bito' not synonymous with 'Ishah u'Bitah'?
1)
(a)One of the only two basic cases of S'reifah is 'ha'Ba al Ishah u'Bitah' - where after marrying a woman, Reuven has relations with her mother (his mother-in-law).
(b)The second case is the daughter of a Kohen who marries and comits adultery with another man (See Tiferes Yisrael).
(c)The former Isur has many branches (See Tos. Yom-Tov DH 'Yesh bi'Chelal ... '). The source Pasuk in Kedoshim says "If a man marries a woman and (commits incest with) her mother, they shall be burned".
(d)The Tana adds to the list 'Bito, u'Bas Bito, u'Bas Bitah, u'Bas B'nah'. 'Bito' is not synonymous with 'Ishah u'Bitah' - because it speaks where the girl's mother is not the daughter of Reuven's wife but of a woman he raped.
2)
(a)Whom does 'Bas Ishto' incorporate?
(b)The last three items on this list begin with 'Chamoso' (one's mother-in-law). Having already listed 'ha'Ba al Ishah u'Bitah', why did the Tana see fit to add it?
2)
(a)'Bas Ishto' incorporates - his daughter and his step-daughter.
(b)The last three items on this list begin with 'Chamoso' (one's mother-in-law). In spite of having already listed 'ha'Ba al Ishah u'Bitah', the Tana sees fit to add it - because of the mother of his mother-in-law and the mother of his father-in law that he adds to the list.
3)
(a)There are also only two cases of Hereg. One of them is a murderer. What is the other?
(b)The Tana lists Reuven who kills Shimon with a stone or with metal, by holding him under water until he drowns or in a fire until he burns to death. What do all these cases have in common?
(c)What does he say about where he pushes him into a river or into a fire from which he could have emerged but declined to do so and drowned or got burned?
3)
(a)There are also only two cases of Hereg. One of them is a murderer. the other - Ir ha'Nidachas (an entire town that served Avodah-Zarah [See Tos. Yom-Tov]).
(b)The Tana lists Reuven who kills Shimon with a stone or with metal, by holding him under water until he drowns or in a fire until he burns to death - all of whom are Chayav Hereg (See Tos. Yom-Tov DH 've'Kavash alav').
(c)However in a case where he pushes him into a river or into a fire from which he is able to emerge but declined to do so and drowns or gets burned - he rules that Reuven is Patur.
4)
(a)On what grounds does the Mishnah declare Reuven Patur if he incites a dog or a snake to attack him, and the dog subsequently mauls him to death or the snake bites him?
(b)If he pressed the snake against Shimon, the Chachamim declare him Patur because, like in the case of the dog, it was the snake that chose to inject the poison into him. Why does Rebbi Yehudah declare him Chayav?
4)
(a)If Reuven incites a dog or a snake to attack him, and the dog subsequently mauls him to death or the snake bites him, the Mishnah declares him Patur - because it was the animal's decision to deal the death-stroke, and was is not Chayav for causing somebody's death (G'rama).
(b)If he pressed the snake against Shimon, the Chachamim declare him Patur because, like in the case of the dog, it was the snake that chose to inject the poison into him (See Tos. Yom-Tov). Rebbi Yehudah declares him Chayav - because he maintains that the snake's poison is stored in its teeth, in which case, when Reuven pressed the snake's teeth against Shimon, he killed him.
5)
(a)On what condition will Reuven be Chayav if he strikes Shimon with a stone or with his fist?
(b)The Tana Kama rules that in a case where Beis-Din assessed that Shimon would die, but where he first improved before deteriorating and dying, that Reuven is Chayav. What if Beis-Din had initially assessed that he would live?
(c)On what grounds does Rebbi Nechemyah declare the former Patur too?
5)
(a)Will Reuven be Chayav if he strikes Shimon with a stone or with his fist - provided the Chachamim asses that it was large enough to have killed Shimon (SeeTos. Yom-Tov).
(b)The Tana Kama rules that in a case where Beis-Din assessed that Shimon would die, but where he first improved before deteriorating and dying, that Reuven is Chayav. Had Beis-Din initially assessed that he would live - he is Patur.
(c)Rebbi Nechemyah declares the former Patur - because the fact that his condition improved is proof that he did not die as direct result of the stroke.
Mishnah 2
6)
(a)What does the Mishnah say about someone who means to kill an animal but who mistakenly kills a person (See Tos. Yom-Tov)?
(b)What if he means to kill a Nochri and he mistakenly kills a Yisrael, or a Nefel (a stillborn baby) and he kills a live baby?
(c)And what does the Tana say about a case where Reuven means to strike Shimon on his ...
1. ... loins with an instrument that would not have killed him, but he inadvertently struck him on the heart and he dies?
2. ... heart with an instrument that was large enough to have killed on the heart, but he inadvertently struck him on his loins and he dies (even though the instrument was not large enough to have killed him there)?
(d)And where Reuven means to strike ...
1. ... Shimon with an instrument that is not sufficiently large to kill a Gadol but he inadvertently strikes a Katan and kills him?
2. ... a Katan with an instrument that is sufficiently large to kill a Katan, but he inadvertently strikes Shimon and kills him (even though the instrument is not deemed sufficiently large to kill a Gadol)?
(e)Why is Reuven Patur in all these cases? What are the dual criteria that will render him Chayav?
6)
(a)The Mishnah rules that if someone who means to kill an animal but who mistakenly kills a person - he is Patur. And he issues the same ruling in a case where ...
(b)... he means to kill a Nochri and he mistakenly kills a Yisrael, or a Nefel (a stillborn baby) and he kills a live baby ...
(c)... in a case where Reuven means to strike Shimon on his ...
1. ... loins with an instrument that would not have killed him, but he inadvertently struck him on the heart and he dies or on his ...
2. ... heart with an instrument that was large enough to have killed on the heart, but he inadvertently struck him on his loins and he dies (even though the instrument was not large enough to have killed him there) ...
(d)... and where Reuven means to strike ...
1. ... Shimon with an instrument that is not sufficiently large to kill a Gadol but he inadvertently strikes a Katan and kills him, or where he means to strike ...
2. ... a Katan with an instrument that is sufficiently large to kill a Katan, but he inadvertently strikes Shimon and kills him (even though the instrument is not deemed sufficiently large to kill a Gadol). In all these cases - he declares Reuven Patur ...
(e)... because in order to be Chayav one must a. intend to deal a lethal stroke and b. actually deal one that is lethal (See Tos. Yom-Tov).
7)
(a)And what does the Tana finally rule in a case where Reuven meant to strike ...
1. ... Shimon on the loins with an instrument that would have killed him there, and he inadvertently struck him on the heart and killed him?
2. ... a Katan using an instrument that would have killed him, but he inadvertently struck Shimon and killed him?
(b)What does Rebbi Shimon say about Reuven who meant to kill Shimon and he inadvertently killed Levi?
(c)Why can he not be referring to the latter two cases?
(d)Then to which ruling of the Tana Kama is he referring?
(e)How can we extrapolate from there that the Tana Kama argues with Rebbi Shimon?
7)
(a)The Tana finally rules that, in a case where Reuven meant to strike ...
1. ... Shimon on the loins with an instrument that would have killed him there, and he inadvertently struck him on the heart and killed him or where he meant to strike ...
2. ... a Katan using an instrument that would have killed him, but he inadvertently struck Shimon and killed him - he is Chayav.
(b)Rebbi Shimon rules that even if Reuven meant to kill Shimon and he inadvertently killed Levi - he is Patur (See Tos. Yom-Tov DH 'Rebbi Shimon Omer' 2).
(c)He cannot be referring to the latter two cases - because then the Mishnah ought to have simply said 'Rebbi Shimon Poter'.
(d)He is in fact referring to - the Tana Kama's opening ruling where if Reuven intended to kill an animal and he mistakenly killed Shimon he is Patur ...
(e)... implying that if he mistakenly killed Levi, he would be Chayav (See Tos. Yom-Tov DH 'Rebbi Shimon Omer' 1).
Mishnah 3
8)
(a)The Mishnah rules that if a murderer got mixed up with others he is Patur. What is the case?
(b)What if the other person is a Tzadik who could not conceivably have committed the murder?
(c)The Mishnah is missing a case which we need to insert. What does the Tana Kama rule in a case where an ox that Beis-Din have sentenced to be stoned to death becomes mixed up with a thousand other oxen?
(d)Why is that?
8)
(a)The Mishnah rules that if a murderer got mixed up with others he is Patur. The case is - where an arrow shot out from between two people and we don't know which one shot it.
(b)The ruling applies - even where the other person is a Tzadik who could not conceivably have committed the murder.
(c)The Mishnah is missing a case which we need to insert. In a case where an ox that Beis-Din have sentenced to be stoned to death becomes mixed up with a thousand other oxen, the Tana Kama rules - that all of them must be stoned ...
(d)... seeing as they are all anyway Asur be'Hana'ah.
9)
(a)Rebbi Yehudah says 'Konsin osan le'Kipah'. What does this mean?
(b)Is he coming to be stricter than the Tana Kama or more lenient?
(c)Like whom is the Halachah?
9)
(a)Rebbi Yehudah says 'Konsin osan le'Kipah' - (i.e. they place them all in a room and let them starve to death.
(b)He is coming to be more lenient than the Tana Kama - in that one has the option of starving them and not stoning them (See Tos. Yom-Tov).
(c)The Halachah is - like the Tana Kama.
10)
(a)What happens when Chayvei Misah become mixed-up?
(b)Why does Rebbi Shimon then rule that if Chayvei S'kilah became mixed-up with Chayvei S'reifah, they are all stoned to death?
(c)What do the Chachamim say?
(d)From which case does Rebbi Shimon prove that S'reifah is more stringent than S'kilah?
(e)What is the Tana Kama's counter-proof?
10)
(a)When Chayvei Misah become mixed-up - they all receive the more lenient one.
(b)Rebbi Shimon rules that if Chayvei S'kilah became mixed-up with Chayvei S'reifah, they are all stoned to death - because he holds that S'kilah is more lenient than S'reifah.
(c)According to the Chachamim - they all receive S'reifah.
(d)Rebbi Shimon proves that S'reifah is more stringent than S'kilah from - a bas Kohen who committed adultery, who would not receive S'reifah if it was not the most stringent Misah (See Tos. Yom-Tov).
(e)The Tana Kama's counter-proof is from - Megadef and Oveid Avodah-Zarah, who would receive S'kilah if it was not the most stringent Misah (See Tos. Yom-Tov).
11)
(a)Why does Rebbi Shimon also rule that if Chayvei Hereg get mixed-up with Chayvei Chenek, they are all killed by the sword?
(b)What does the Tana Kama say?
11)
(a)Rebbi Shimon also rules that if Chayvei Hereg get mixed-up with Chayvei Chenek, they are all killed by the sword - because in his opinion, Hereg is more lenient than Chenek (See Tos. Yom-Tov).
(b)According to the Tana Kama - they all receive Chenek (which in their opinion, is more lenient than Hereg [See Tos. Yom-Tov]).
Mishnah 4
12)
(a)What happens to someone who is Chayav two (different) Misos Beis-Din?
(b)Why might we have thought otherwise? What is the case?
(c)The same applies to someone who transgresses one Aveirah which is liable to two Misos Beis-Din. How might this be possible?
(d)Which Misah will he then receive?
12)
(a)Someone who is Chayav two (different) Misos Beis-Din - receives the more stringent one.
(b)We might have thought otherwise - in a case where Beis-Din have already the more lenient death-sentence (See Tos. Yom-Tov).
(c)The same applies to someone who transgresses one Aveirah which is liable to two Misos Beis-Din - such as Chamoso who is also married ...
(d)... in which case he will receive S'reifah (and not Chenek).
13)
(a)What does Rebbi Yossi say?
(b)What is the case where ...
1. ... Chamoso preceded Eishes Ish?
2. ... Eishes Ish preceded Chamoso?
(c)On which principle is Rebbi Yossi's ruling based?
13)
(a)Rebbi Yossi maintains - that he receives the first Misah to which he is subject.
(b)The case where ...
1. ... Chamoso preceded Eishes Ish is - where Reuven married the daughter of a widow, who subsequently got married.
2. ... Eishes Ish preceded Chamoso - where his mother-in-law was married when he married her daughter.
(c)Rebbi Yossi's ruling is based on the principle 'Ein Isur Chal al Isur - even if the second Isur is more stringent (See Tos. Yom-Tov).
Mishnah 5
14)
(a)What does the Mishnah say about someone who is Chayav Malkos should he repeat the sin?
(b)What exactly is 'Kipah'?
(c)When exactly, do they place him in the Kipah?
(d)How does feed him initially?
(e)What does one ultimately give him that kills him?
14)
(a)The Mishnah rules that if someone who is Chayav Malkos repeats the same sin (See Tos. Yom-Tov) - he is placed in the Kipah ...
(b)... a room that is exactly the height of a man and no more.
(c)They do this, if, after receiving the second Malkos, he sins a third time.
(d)One initially feeds him - a little bread and just enough water to live on (until his stomach contracts) ...
(e)... then one gives him barley until his stomach splits open.
15)
(a)What level of sin is the Tana referring to?
(b)If he is Chayav Kareis, then why does he receive Malkos?
(c)What happens to someone whom we know murdered but there are no witnesses to prove it?
(d)If there are no witnesses, how can Beis-Din know that he is guilty?
15)
(a)The Tana is referring to someone who contravenes a La'av for which he is Chayav Kareis (See Tos. Yom-Tov).
(b)Even though he is Chayav Kareis, he receives Malkos - since all Chayvei Kareis receive malkos (provided there are witnesses).
(c)Someone whom we know murdered but there are no witnesses to prove it - is also placed in the Kipah.
(d)Beis-Din know that he is guilty - because it speaks in a case where the witnesses were either caught out during the Bedikos or did not warn properly (both of which are mere technicalities, but which do not render them false witnesses).
Mishnah 6
16)
(a)The Mishnah now discusses someone who steals the Kisvah, someone who curses with Koseim and someone who has relations with an Aramis. What is ...
1. ... 'the Kisvah'?
2. ... 'Koseim'? Whom does he curse?
3. ... an Aramis'?
(b)What does the Tana say about them? What do they all have in common?
(c)Another unusual ruling is that which pertains to a Kohen who performs the Avodah be'Tum'ah. What does the Tana say the Pirchei Kehunah do with him? Who are the Pirchei Kehunah?
16)
(a)The Mishnah discusses someone who ...
1. ... steals the 'Kisvah' - (one of the K'lei Shareis [as we find in Bamidbar "K'sos ha'Nesech").
2. ... curses with 'Koseim' - (i.e. someone who curses Hash-m with the name of an Avodah-Zarah called Koseim).
3. ... has relations with an Aramis - (i.e. a Nochris).
(b)The Tana rules by all three - that 'Kana'im Pog'in bo' (Whoever is zealous for Hash-m may kill him [See Tos. Yom-Tov]).
(c)Another unusual ruling is that which pertains to a Kohen who performs the Avodah be'Tum'ah. The Tana rules - that the Pirchei Kehunah (young Kohanim whose beards have just begun to grow) remove him from the Azarah and beat his brains out with wooden clubs.
17)
(a)Two of the conditions regarding 'ha'Bo'el Aramis' are that the woman must be the daughter of Nochrim, that he must act at the time that the sin is being performed. What is the third?
(b)If one of those conditions is missing, his punishment is written in the Navi. What does the Navi Mal'achi say about it?
(c)He also receives four Malkos de'Rabbanan (whose Si'man is 'NaShGaZ'). Two of them are because of Nidah and because of Shifchah, What are the other two?
17)
(a)Two of the conditions regarding 'ha'Bo'el Aramis' are that the woman must be the daughter of Nochrim, that he must act at the time that the sin is being performed. The third is - that it must be in the presence of ten Yisre'eilim.
(b)If one of those conditions is missing, his punishment is written in the Navi Mal'achi - who sentences him to Kareis (mi'de'Rabbanan).
(c)He also receives four Malkos de'Rabbanan (whose Si'man is 'NaShGaZ'). Two of them are because of Nidah and because of Shifchah, the other two because of - Ovedes-Kochavim (Goyah) and because of Zonah (See Tos. Yom-Tov).
18)
(a)Based on the Gezeirah-Shavah "Yumas" ("ve'ha'Zar ha'Kareiv Yumas" in Bamidbar) "Yumas" (ve'ha'Navi ha'hu ... Yumas" in Re'ei), which punishment does Rebbi Akiva maintain is due to a Zar who serves in the Beis-ha'Mikdash?
(b)The Chachamim learn the Gezeirah-Shavah from the Pasuk in Korach "Kol ha'Kareiv el Mishkan Hash-m Yamus". Which punishment is this referring to?
18)
(a)Based on the Gezeirah-Shavah "Yumas" ("ve'ha'Zar ha'Kareiv Yumas" in Bamidbar) "Yumas" (ve'ha'Navi ha'hu ... Yumas" in Re'ei), Rebbi Akiva maintains that a Zar who serves in the Beis-ha'Mikdash is due to receive - Chenek.
(b)The Chachamim learn the Gezeirah-Shavah from the Pasuk in Korach "Kol ha'Kareiv el Mishkan Hash-m Yamus" - (where the people died by means of a plague) that Misah means bi'Yedei Shamayim (See also Tos. Yom-Tov).
19)
(a)What distinction does Rashi draw between Misah bi'Yedei Shamayim and Kareis? In which respect is the latter more stringent?
(b)How many Isurim are there in connection with Mikdash and Kodshim for which one is Chayav Misah bi'Yedei Shamayim?
(c)In which two ways do we learn those by whom Misah is not written from those by whom it is?
19)
(a)The distinction that Rashi draws between Misah bi'Yedei Shamayim and Kareis - that in addition to dying prematurely the latter will also die childless.
(b)There are, all in all, eleven Isurim in connection with Mikdash and Kodshim for which one is Chayav Misah bi'Yedei Shamayim.
(c)We learn those by whom Misah is not written from those by whom it is - either via a Gezeirah-Shavah or via a Hekesh.
