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Kesuvos 34
1) [line 1] SHECHITAH SHE'EINAH RE'UYAH, LO SHEMAH SHECHITAH
(a) A proper Shechitah (slaughter) that does not permit the animal to be
eaten is referred to as a Shechitah she'Einah Re'uyah. (A Shechitah that
wasn't performed properly is not a Shechitah she'Einah Re'uyah. It is not a
Shechitah at all.)
(b) The Shechitah of a Parah Adumah and Shor ha'Niskal are examples of
Shechitah she'Einah Re'uyah, because even after their slaughter, they may not
be eaten.
2) [line 15] MA'ASEH SHABBOS - something that was produced on Shabbos by
transgressing one of the 39 forbidden Melachos (categories of creative acts)
3) [line 35] DAVAR HA'GOREM L'MAMON, K'MAMON DAMI
(a) Davar ha'Gorem l'Mamon refers to an object in which the owner has neither
the right to eat it, use it or derive benefit from it in any way. Still, if
this object is destroyed, it causes its owner a financial loss. Examples of
this are: 1. An object that is Asur b'Hana'ah at present but will be Mutar
b'Hana'ah in the future, such as Chametz on Pesach according to Rebbi Shimon,
who permits its use after Pesach; 2. An item that one accepted to be Shomer
(to care for and return it to its owner unharmed) that became Asur b'Hana'ah
or invalidated from use while it is in the hands of the Shomer. In certain
circumstances, if a Shomer returns such an item (although it is now
worthless) to its owner, he is not responsible to replace it with an object
of value.
(b) The Tana'im (Bava Kama 74b) argue as to whether a person who steals or
damages such an item is liable to pay the owner for it or for the damages
(since he caused the owner a financial loss) or not (since it is worthless at
present in either case).
34b---------------------------------------34b
4) [line 9] MACHTERES - a tunnel
(a) A person is allowed to save himself from a "Rodef" (an assailant pursuing
him with the intention of murdering him), even by killing the Rodef, if he
cannot save himself in any other way. In this situation, the Torah teaches,
"ha'Ba l'Horgecha, Hashkem v'Horgo" - "When someone tries to kill you, rise
up and kill him first."
(b) A thief who clandestinely tunnels into a house with the intention of
stealing the owner's property is suspected of intending to murder the owner
should he try to stop the would-be thief. Therefore the Torah states that it
is permitted to kill a thief who is found tunneling into one's house (Shemos
22:1).
(c) If it is clear that the thief, should he be discovered, has no intention
of murdering the owner of the house, such as a father who is tunneling into
the house of his son, it is prohibited to kill him (ibid. 22:2, see RASHI).
(d) Since the thief, while tunneling, may be killed, Rabah rules that should
he steal and slaughter an animal in the tunnel, he cannot be obligated in
court to pay for the theft like an ordinary thief. It is considered as if he
is liable to the death penalty at the time of the theft and we apply to him
the rule of "Kam Lei bid'Rabah Minei," absolving him of any monetary
liability (see Background to Kesuvos 33:16).
5) [line 16] HASRA'AH
If a person transgresses a Lav for which the punishment is the death penalty
or lashes, he can only be put to death or lashed if he has been given a
proper Hasra'ah (warning). The warning must be, "Abstain, because this action
is prohibited and you will be punished with the death penalty (or with
lashes) for doing it," or something to that effect. The warning must
specifically name the Lav or Av Melachah that the person is about to
transgress.
*6*) [line 40] CHAYVEI MISOS SHOGEGIN V'CHAYVEI MALKIYOS SHOGEGIN - that is,
people who committed capital crimes or transgressed prohibitions that are
liable to Malkos (lashes) and did not receive a proper warning
7) [last line] "...V'LO YIHEYEH ASON..." - "[If men quarrel, and hurt a
pregnant woman, so that she loses her babies], and yet no further harm
follows; [he shall be surely punished, when the woman's husband demands
payment from him in court; and he shall pay as the judges determine.]"
(Shemos 21:22)
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