[49a - 29 lines; 49b - 32 lines]

1)[line 1]כל שאר בשר שהוא בלא יבאKOL SHE'ER BASAR SHE'HU B'LO YAVO- any relative who is forbidden through [even] a negative commandment [not punishable by anything more severe than lashes]

2)[line 3]כרתKARES (KARES AND MISAH B'YEDEI SHAMAYIM: Heavenly Punishment of Untimely Death)

(a)Some sins are so severe that they are punished with untimely death. There are two types of untimely death that are used as heavenly punishments: Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the world and dying before one's time. Misah b'Yedei Shamayim means "death at the hands of heaven." These punishments are not administered by the courts, but through divinely administered justice.

(b)One who deliberately transgresses a commandment that is punishable with either Kares or Misah b'Yedei Shamayim is punished even if there are no witnesses to his act, and even if he was not warned at that time of his transgression that his violation will result in his untimely death.

(c)The Tif'eres Yisrael, in his commentary to Sanhedrin 9:6, lists a number of differences between Misah b'Yedei Shamayim and Kares:

1.One who is punished with Kares will die before age 60 (according to Moed Katan 28a, or before the age of 50, according to the Yerushalmi Bikurim 2:1). One punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to Moed Katan ibid., or before the age of 60, according to the Yerushalmi ibid.)

2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and RASHI there; see, however, RIVA in Tosfos to Yevamos 2a DH Eshes, who maintains that Kares only involves the death of one's children in the two cases where the Torah adds the word "Ariri." However, he might be referring to the death of children who are not minors.)

3.Some add that when punished with Misah b'Yedei Shamayim, the sinner's cattle and possessions slowly expire until he is left destitute - see Insights to Yevamos 73:2 and Insights to Pesachim 32:2.

4.In addition to the above, in certain instances a form Kares is prescribed in which the sinner not only dies before his time but is also 'severed' (Nichras) from receiving a portion in the World to Come (see Sanhedrin 64b, 90b).

(d)As stated in the Mishnah at the beginning of Kerisus, there are 36 sins listed in the Torah for which one receives Kares: the sixteen forbidden conjugal relations listed in the Torah (Vayikra 18); one who curses G-d; an idol worshipper; one who worships Molech (see Background to Sanhedrin 53:5); one who practices Ov (see Background to Pesachim 113:62); one who desecrates Shabbos; one who ate Kodshim or entered the Mikdash while in a state of Tum'ah; one who consumed blood, Nosar (see Background to Pesachim 120:9), or Pigul (see Background to 6:60); one who slaughters or offers a sacrifice outside of the Mikdash; one who eats Chametz on Pesach; one who eats or performs Melachah on Yom Kipur; one who compounds Shemen ha'Mishchah (the oil made by Moshe Rabeinu to anoint the Mishkan and its vessels, Kohanim Gedolim, and the kings of the Davidic dynasty) or the Ketores (see Background to 11:25) for his own use; one who anoints himself with Shemen ha'Mishchah; one who neglects to give himself a Bris Milah; and one who neglects to offer a Korban Pesach.

3)[line 5]מיתת בית דיןMISAS BEIS DIN

(a)One who transgresses certain sins, after receiving a proper warning and in front of two witnesses, receives the death penalty from Beis Din. The members of Beis Din fulfill a positive commandment when they administer this punishment to one deserving of it, as the Torah states, "And if a man has committed a sin punishable by the death penalty, he should be put to death..." (Devarim 21:22). The four death penalties administered by Beis Din, in order of stringency, are:

1.SEKILAH - one who is convicted of an Aveirah punishable by stoning is led to the Beis ha'Sekilah, which is located outside of the settlement (Sanhedrin 42b). This is a structure twice the height of an average person. The convict is given wine to drink until he is inebriated, and he is then brought to the top of the Beis ha'Sekilah with his hands tied. The two witnesses whose testimony served to convict him accompany him, and one of them pushes him off of the top platform. Should he survive the fall, the witnesses roll a large stone heavy enough to require the two of them to lift it onto him from above. If he is still alive following this, then all those assembled pelt him with stones until he perishes (Sefer ha'Chinuch #555). Sins for which Sekilah is administered include Shabbos desecration, idol worship, cursing G-d, bestiality, sodomy, and certain illicit relations including incest with one's daughter-in-law (Sanhedrin 53a).

2.SEREIFAH - one who is convicted of an Aveirah punishable by burning is placed into refuse up to his knees. A scarf of hard material wrapped within a scarf of soft material is then wrapped around his neck. The witnesses to his crime pull on the ends of the double scarf until the convict opens his mouth, at which point molten lead is poured down his throat, burning his intestines (Sefer ha'Chinuch #26). Sereifah is administered for certain illicit relations, including incest with one's daughter, granddaughter, or wife's daughter or granddaughter (Sanhedrin 75a).

3.HEREG - one who is convicted of an Aveirah punishable by death by sword has his head severed in Beis Din by the witnesses to his crime (Sefer ha'Chinuch #50). Sins for which Hereg is administered include serving Avodah Zarah along with other inhabitants of an Ir ha'Nidachas, and murder (Sanhedrin 76b).

4.CHENEK - one who is convicted of an Aveirah punishable by strangulation is placed into refuse up to his knees. A scarf of hard material wrapped within a scarf of soft material is then wrapped around his neck. The witnesses to his crime pull on the ends of the double scarf until he expires (Sefer ha'Chinuch #47). Sins for which Chenek is administered include wounding one's parents, an elder who rules against Beis Din (a Zaken Mamrei), one who prophecies falsely, and certain illicit relations (Sanhedrin 84b).

(b)According to Rebbi Shimon, the order of stringency is Sereifah, Sekilah, Chenek, and Hereg (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b).

(c)Beis Din is strongly encouraged to act leniently and find a loophole so as not to administer the death penalty (Devarim 13:15). A Beis Din that puts a sinner to death as often as once every seven years is considered a murderous Beis Din. According to Rebbi Elazar ben Azaryah, this applies to a Beis Din that puts a sinner to death as often as once in seventy years (Mishnah Makos 7a).

4)[line 6]מגלת יוחסיןMEGILAS YUCHASIN- a scroll containing genealogical records

5)[line 7]איש פלוני ממזר מאשת אישISH PELONI MAMZER ME'ESHES ISH- one is a Mamzer when born of [the union between a man and] a woman married [to another - in which case they are liable to Chenek (see above, entry #3) - as well as from other such relationships]

6)[line 7]לקיים דברי רבי יהושעL'KAYEM DIVREI REBBI YEHOSHUA- [And Rebbi Shimon ben Azai brought this] as proof for the opinion of Rebbi Yehoshua (these words did not appear in the scroll)

7)[line 13]"לא יקח איש את אשת אביו ולא יגלה כנף אביו""LO YIKACH ISH ES ESHES AVIV, V'LO YEGALEH KENAF AVIV"- "A man may not marry his father's wife, nor may he uncover his father's hem" (Devarim 23:1) - The second half of this verse is a euphemism that appears to restate the first half of the verse.

8)[line 14]כנף שראה אביו לא יגלהKANAF SHE'RA'AH AVIV LO YEGALEH- he may not reveal the hem seen by his father; i.e., a relationship with a women with whom his father had relations is forbidden to him

9)[line 16]באנוסת אביוB'ANUSAS AVIV- with a woman raped [or seduced] by his father

10)[line 18]מהניME'HANI- from these [relatives forbidden by a negative commandment]

11)[line 19]דמרבה שאר חייבי לאוין דלאו דשארD'MARBEH SHE'AR CHAYAVEI LAVIN D'LAV D'SHE'ER- that includes [in the opinion of Rebbi Akiva all] other [women] forbidden by a negative commandment [even if] they are not forbidden due to that which they are related

12)[line 20]חייבי עשהCHAYAVEI ASEH- those [women] prohibited by the implication of a positive commandment [such as an Edomite or Egyptian convert, whose grandchildren may marry Jews (Devarim 23:9) - implying that they themselves may not]

13)[line 21]מולאMI'V'LO- from [the extra "Vav" in the word] "v'Lo" (see above, entry #7)

14)[line 22]בשומרת יבםB'SHOMERES YAVAM- with a Yevamah who is waiting [for Yibum or Chalitzah]

15)[line 23]דהויא לה חייבי כריתותD'HAVYA LAH CHAYAVEI KERISUS- which is an example of a relationship punishable by Kares [since she is his father's brother's wife (Vayikra 18:14)]

16)[line 26]לא יקח (ולא יגלה) למה ליLO YIKACH (V'LO YEGALEH) LAMAH LI?- why do I need the words "Lo Yikach..." (in addition to those of "Lo Yegaleh...") [if the prohibition against a relationship with one's father's wife is already stated (Vayikra 18:8)]?

17)[line 27]מלא יקח עד לא יגלהMI'LO YIKACH AD LO YEGALEH- from [a relationship with the type of woman described] between the words, "Lo Yikach" and the words, "Lo Yegaleh" (namely, one's father's wife which is punishable by Sekilah (see above, entry #3))

18)[last line]הנדהHA'NIDAH (NIDAH)

(a)By Torah law, a woman is a Nidah for seven days following her period. It makes no difference whether she saw blood only one time or for the entire seven days. At the end of seven days, after nightfall, she may immerse in a Mikvah to become Tehorah.

(b)One may not have relations nor engage in intimate contact with his wife while she is a Nidah. Doing so is punishable by Kares (Vayikra 18:19, 29; see Background to Yevamos 49:2). The Chachamim enacted many far-ranging additional ways in which one must keep his distance from his wife when she is Teme'ah.

(c)Abaye asserts that even those who rule that the offspring of a union punishable by Kares is a Mamzer agree that the child of a Nidah is not a Mamzer.

49b----------------------------------------49b

19)[line 1]הסוטהHA'SOTAH (SOTAH)

(a)If a married woman commits adultery, she is prohibited both to her husband as well as the adulterer, and her husband must immediately divorce her. Furthermore, she may no longer eat Terumah (see Yevamos 33:30) if her husband is a Kohen even prior to her divorce. If the act of adultery was observed by two valid witnesses who warned her of the ramifications of her actions, she receives the death penalty of Chenek (choking; see Background to Yevamos 2:15) (Devarim 22:22).

(b)RASHI to Kidushin 68a maintains that a "Sotah Safek" - a possible adulteress (see Background to Sukah 53:26) - is prohibited to her husband with a negative commandment as well.

(c)Abaye asserts that even Rebbi Akiva, who rules that the offspring of a union forbidden by a negative commandment is a Mamzer, agrees that the child of a Sotah is not a Mamzer.

20)[line 2]תפסי בה קידושיןTAFSEI BAH KIDUSHIN- betrothal takes hold in her (unlike other women prohibited by a an Isur Kares)

21)[line 2]"[ואם שכב ישכב איש אתה] ותהי נדתה עליו [וטמא שבעת ימים...]""[V'IM SHACHOV YISHKAV ISH OSAH] U'SEHI NIDASAH ALAV, [V'TAMEI SHIV'AS YAMIM...]"- "[And if a man should lie with her] and her menstruation shall be upon her, [then he shall be Tamei for seven days....]" (Vayikra 15:24) - The word "u'Sehi" - "shall be" - implies that it is possible to be Mekadesh (betroth) a Nidah, since the root of "Havayah" - "being" - always implies Kidushin.

22)[line 4]תפסי בה קידושיןTAFSI BAH KIDUSHIN- betrothal retains its hold in her [as she is still married to her husband and forbidden to marry anyone else]

23)[line 7]אי כרב אי כשמואלIY K'RAV IY K'SHMUEL- The verse instructs that "... Lo Siheyeh Eshes ha'Mes ha'Chutzah l'Ish Zar..." - "... the [childless] wife of the deceased should not be outside to a strange man..." (Devarim 25:5). From this verse it is clear that a Yevamah may not marry anyone other than the Yavam. Rav maintains that from the wording of "Lo Siheyeh" it is clear that if one other than the Yavam attempts to betroth her, the effort will fail. Shmuel contends that it is unclear whether this is indeed the intention of the verse, or if the intention is just the opposite, and the verse teaches that although the Kidushin will take effect, it is still forbidden (92b). The Beraisa quoted in our Gemara agrees with the latter possibility entertained by Shmuel.

24)[line 11]משנת ר' אליעזר בן יעקב קב ונקיMISHNAS REBBI ELIEZER BEN YAKOV KAV V'NAKI - the teachings of Rebbi Eliezer ben Yakov are few yet pure

(a)Among the rules followed by the Chachamim when determining Halachah is that when Rebbi Eliezer ben Yakov states his opinion, the Halachah follows his view; it is "Naki" - "pure."

(b)This rule also states that his opinions are "Kav." This means that they are infrequently stated, as a Kav is a small measure (RASHI DH Mishnas and to Bechoros 23b). Others maintain that this implies that the Halachah follows his view in 102 places only, as this is the Gematriya (numerical equivalent) of the word "Kav" (ROSH to Eruvin 4:2 in the name of RABEINU CHANANEL).

(c)Some maintain that this rule applies only to those opinions of Rebbi Eliezer ben Yakov that appear in a Mishnah, as the wording of "Mishnas Rebbi Eliezer ben Yakov..." implies. Others understand that it applies equally to those opinions that appear in a Beraisa (RASHI ibid.; see HAGAHOS MAHARAV RENSBURG).

25)[line 12]מנשהMENASHEH- son of the righteous King Chizkiyah. This wicked king of Yehudah erected an idol in the Beis ha'Mikdash, along with committing other heinous crimes.

26)[line 13]ישעיהYESHAYAH- the prophet Yeshayah, whose daughter was married to Chizkiyahu and bore Menasheh

27)[line 13]מידן דייניה וקטליהMEIDAN DAINEI V'KATLEI- he [first] judged him and [then] killed him

28)[line 14]"ויאמר לא תוכל לראת את פני] כי לא יראני האדם וחי""[VA'YOMER: LO SUCHAL LI'R'OS ES PANAI,] KI LO YIR'ANI HA'ADAM VA'CHAI"- "[And He said: You are unable to see My face] for a man cannot see My face and live" (Shemos 33:20) - This verse records the response of HaSh-m when Moshe Rabeinu requested to see His face.

29)[line 15]"[בשנת מות המלך עזיהו] ואראה את ה' ישב על כסא רם ונשא [ושוליו מלאים את ההיכל]""[BI'SHENAS MOS HA'MELECH UZIYAHU,] VA'ER'EH ES HASH-M YOSHEV AL KISEI RAM V'NISA [V'SHULAV MELE'IM ES HA'HEICHAL]" - "[In the year of the death of Uziyahu,] I saw HaSh-m sitting on a high and elevated throne [and His hem filled the Sanctuary]" (Yeshayah 6:1) (YESHAYAH'S VISION)

(a)Chazal tell us that Yeshayah was greater in prophecy than Yechezkel. They compare Yeshayah to a townsman who saw the king, and Yechezkel to a villager. That explains why he was less awed by his vision than Yechezkel was by his vision of the Merkavah.

(b)This vision, which was the first of Yeshayah's prophecies, took place when King Uziyah entered the Heichal to offer the Ketores (even though he was not even a Kohen). The Navi saw HaSh-m convening the Heavenly Court to decide what to do with him. In fact, the Court sentenced Uziyah to Tzara'as (the punishment which, as HaSh-m had informed Moshe, was reserved for those who usurped the Kehunah (see Rashi to Bamidbar 17:5). He would spend the remainder of his days living in a Beis ha'Kevaros, while his son Yosam ruled in his stead. Presumably, the verse gives the date as "the year of King Uziyah's death" because one who contracts Tzara'as is considered as if he died (see Nedarim 64b; Rashi to Shemos 4:19).

30)[line 16]"[כי] מי [גוי גדול אשר לו א-לקים קרבים אליו] כה' א-לקינו בכל קראנו אליו""[KI] MI [GOY GADOL ASHER LO EL-KIM KEROVIM ELAV,] KA'SH-M EL-KEINU B'CHOL KAR'EINU ELAV?"- "[For] who is [so great a nation that G-d is close to them,] as HaSh-m our G-d Who is so whenever we call to him?" (Devarim 4:7)

31)[line 17]"דרשו ה' בהמצאו, [קראהו בהיותו קרוב]""DIRSHU HASH-M B'HIMATZ'O; [KERA'UHU BI'HEYOSO KAROV]"- "Seek out HaSh-m when He is found; [call to him when He is near]" (Yeshayah 55:6).

32)[line 18]"[לא תהיה משכלה ועקרה בארצך;] את מספר ימיך אמלא""[LO SIHEYEH MESHAKELAH VA'AKARAH B'ARTZECHA;] ES MISPAR YAMECHA AMALEI"- "[There will be no miscarrying or barren women in your land;] I will fill the number of your days" (Shemos 23:26) - This verse appears among the blessings promised to Klal Yisrael after the giving of the Torah.

33)[line 19]"והוספתי על ימיך חמש עשרה שנה""V'HOSAFTI AL YAMECHA CHAMESH ESREH SHANAH" - "And I will add to your days fifteen years, [and I will save you from the hand of the King of Ashur and this city, and I will protect this city for My sake and for the sake of David My servant]" (Melachim II 20:6) (CHIZKIYAHU'S PRAYER)

(a)Chizkiyahu ha'Melech became ill because he failed to marry and fulfill the Mitzvah of Peru u'Revu. Yeshayah ha'Navi informed him that he was about to die in this world and to lose his portion in the next. Even though the king justified his conduct by pointing out that he knew that his children would be Resha'im, the Navi told him that he was obligated to marry and to have children, and that what would happen after that was no business of his (Berachos 10a).

(b)A not so well-known version of the sin that caused his illness is that of Tana d'Vei Eliyahu, which explains that he fell ill because, after Yerushalayim was surrounded by Sancheriv's troops, he prayed to HaSh-m "like one person speaks to another," without the proper awe and respect that is expected of one who stands before the King of kings.

(c)In an immediate act of Teshuvah, Chizkiyah asked Yeshayah for his daughter's hand in marriage, adding that perhaps their combined merits would save his life. When the Navi replied that it was too late since the decree had already been finalized, Chizkiyahu ha'Melech responded that he had a tradition from his grandfather (David ha'Melech) that even if a sharp sword is placed at one's throat, he should never despair of Divine mercy. With that, he turned his face to the wall and offered a fervent prayer in which he asked HaSh-m to remember all of his numerous good deeds. The verse records that he wept as he prayed. Chazal learn from here that even if the gates of prayer are sometimes shut, those of tears always remain open. Perhaps that is why his prayers were answered, despite the fact that the decree was already finalized.

(d)According to Tana d'Vei Eliyahu (cited above), the fact that he wept during his Tefilah and that he turned his face to the wall (a sign of deep concentration) - elements of prayer that were conspicuously absent from his first Tefilah - is of particular significance.

(e)HaSh-m promptly answered Chizkiyahu's Tefilah. In fact, Yeshayah had just left the king's presence when HaSh-m ordered him to return and to inform him that He had answered his Tefilah, that his recovery would begin immediately, and that, on the third day (the day prior to Sancheriv's downfall), he would be able to go the Beis ha'Mikdash to pray. In fact, Yeshayah was informed of Chizkiyahu's recovery before his illness was publicly known.

(f)Chizkiyahu's remarkable recovery, as well as his unique Bitachon and power of prayer, appear even more incredible when we bear in mind that the Midrash teaches that Chizkiyahu was the first person ever to arise from a sick-bed.

(g)Yeshayah's prophecy ends with the above verse. Interestingly, the verse refers to HaSh-m and David, in whose combined merit Yerushalayim was saved. Chizkiyahu's name is not mentioned despite his fervent prayer. Chazal attribute this to the fact that he prayed for HaSh-m to spare him in his own merit. In contrast, we find that when Moshe Rabeinu asked HaSh-m to forgive Yisrael for the sin of the Golden Calf in the merit of the Avos, HaSh-m replied that He would save them on his (Moshe's) merit (Berachos 10b).

34)[line 20]ידענא ביהYADANA BEI- I know him

35)[line 21]מה דאימא ליהMAH D'EIMA LEI- [the explanations] that I [am able] to tell him

36)[line 22]אישוייה מזידISHAVYEI MEZID- I will cause him to [kill me] willfully [whereas he now is under the impression that he has a Halachic basis for doing so, since I am a false prophet]

37a)[line 22]אמר שםAMAR SHEM- he uttered a name [of HaSh-m]

b)[line 22]איבלע בארזאIVLA V'ARZA- and was swallowed by (i.e., he concealed himself in) a cedar tree

38)[line 23]אתיוה לארזא ונסרוהASYUHA L'ARZA V'NASRUHA- they brought the cedar and sawed it into planks

39a)[line 23]כי מטא להדי פומאKI MATA LA'HADEI FUMA- when [the saw] reached where his mouth was

b)[line 24]נח נפשיהNACH NAFSHEI- lit. his soul rested; he perished

40)[line 24]"ובתוך עם טמא שפתים אנכי ישב""UV'SOCH AM TEMEI SEFASAYIM ANOCHI YOSHEV" - "[And he said. Woe to me for I will be silenced (i.e. die), for I am a man of impure lips,] and I dwell among a people of impure lips, [and my eyes have beheld the L-rd of Hosts]" (Yeshayah 6:5) (YESHAYAH, A MAN OF IMPURE LIPS)

(a)Yeshayah was worried that he would die for having seen a vision of the Shechinah and the Divine throne (similar to Yechezkel) in light of his unworthiness.

(b)Immediately, an angel (Micha'el) flew up to him and touched him on the mouth with a burning coal that he had taken from the Mizbe'ach Shel Ma'alah. With that, he informed him, his sin had been forgiven.

(c)Indeed HaSh-m forgave him for the impure speech to which he had referred. He did not forgive him, however, for having spoken ill of Klal Yisrael, as the Gemara clearly indicates. The Midrash relates the words of HaSh-m: "I can forgive you for having spoken Lashon ha'Ra about yourself, but not for having spoken Lashon ha'Ra about My children!"

41)[line 27]נסתכלו באספקלריא שאינה מאירהNISTAKLU B'ISPAKLARYA SHE'EINAH ME'IRAH- perceived [their prophetic visions] through (a) a mirror that was unclear (BARTENURA to Kelim 30:2); (b) a translucent glass cover that was unclear. The term "Ispaklarya" is a contraction of the words "Safek Mar'eh" - "doubtful vision." (See Insights.)

42a)[line 29]הא ביחידHA B'YACHID- that [which HaSh-m answers only at a specific time] is [true] when an individual [calls to Him]

b)[line 29]הא בצבורHA B'TZIBUR- that [which HaSh-m answers whenever He is called] is [true] when the public [calls to Him]

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