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1) ABSTINENCE TO DISCERN THE FATHER

(a) Question (Rav Papa Bar Shmuel): Does R. Yehudah really hold that she retains her sanctity?
(b) (Beraisa - R. Yehudah): A convert that sees menstrual blood is not impure retroactively; R. Yosi says, she is as all other women, and is retroactively impure 24 hours or until the last time she checked herself, whichever is less;
(c) R. Yehudah says, she must wait 3 months before marrying(to discern if the child was conceived before or after conversion); R. Yosi permits her to get married immediately.
(d) Answer (Rav Yosef): You cannot ask a question from a convert to a captive. A convert is not as careful to guard herself before conversion as a captive.
(e) Question (Rav Papa Bar Shmuel): R. Yehudah's teachings by a captive contradict each other!

1. (Beraisa - R. Yehudah) A convert/captive/slave that converted/was redeemed/was freed above the age of 3 years must wait 3 months before marrying; R. Yosi permits her to marry immediately.

(f) Rav Yosef had no answer. 'Did you hear an answer'?
(g) (Rav Papa Bar Shmuel): Rav Sheshes said, the case is, people saw that she had relations.
(h) Question: If so, why is R. Yosi lenient?
(i) Answer #1 (Rabah): A woman having extra-marital relations uses a cloth to prevent pregnancy.

1. We understand that a convert planned to convert, and guarded herself.
2. Also a captive guards herself, since she hopes to be redeemed.
3. A slave could have heard that her master's intended to free her, and guarded herself.
4. Question: A slave that is freed when the master accidentally knocks out one of her limbs - how can we explain this case?
5. Suggestion: If you will say that R. Yosi did not speak in unanticipated cases - but rape is unanticipated!

i. (Beraisa - R. Yehudah): A raped girl must wait 3 months; R. Yosi permits her to marry immediately.

(j) Answer #2 (Rabah): R. Yosi holds, a girl that has extra-marital relations flips over to avoid becoming pregnant.

1. R. Yehudah is concerned that she did not flip over well.

(a) (Mishnah): "If there is no fatality, there will be (a monetary) punishment".
(b) Question: But this is learned from "According to his evil" - you punish him for one evil, not for 2!
(c) Answer: We need 1 source that we do not give a verdict of death and money, and 1 source for lashes and money.

1. If the only source was for death and money, we would say, this is because a soul perishes, but one could suffer lashes and money.
2. If the only source was for lashes and money, we would say, this is because the sin was not so severe, but one could suffer death and money.

(d) Question: According to R. Meir, who says that we do administer lashes and money, what do we learn from the 2 verses?

(e) Answer: One teaches death and money, the other, death and lashes.

1. If the only source was for death and money, we would say, this is because we do not punish his body and money; but death and lashes, which is like one long death, we do administer.
2. If the only source was for death and lashes, we would say, this is because both affect his body; but death and money we do administer.

(a) Question: Why do we need "Do not take a ransom for a murderer"? (We already know, we do not administer death and money.)
(b) Answer: Do not take money to exempt him from death.
(c) Question: Why do we need "Do not take a ransom for (an accidental murderer) who must flee to a refuge city"?
(d) Answer: Do not take money to exempt him from exile.

1. If the only source was for intentional murder, we would say, this is because the sin was severe, but we would take ransom for unintentional murder.
2. If the only source was for unintentional murder, we would say, this is because a soul will not perish, but we would take ransom to keep an intentional murderer alive.

(e) Question: Why do we need "The only atonement for bloodshed ... is the blood of the murderer"?
(f) Answer (Beraisa): This verse teaches that if the murderer is found after beheading the calf, he is executed.
(g) Question: Why do we need "You will eradicate the clean blood from your midst"?
(h) Answer (Beraisa): How do we know that death by the sword is administered at the neck? "You will eradicate the clean blood from your midst".

1. This verse equates all murderers to the beheaded calf; just as the calf is killed by the neck, so too murderers.
2. Question: We should also equate them to use a chopper, and on the back of the neck!
3. Answer (Rav Nachman): "Love your neighbor as yourself" - choose a nice death for him.

(i) Why do we need "Any Cherem (person sentenced to die) will not be redeemed"?
(j) Answer (Beraisa): This verse teaches that if someone pledged to Hekdesh the Erech (fixed value) of someone sentenced to die, he pays nothing.

1. Suggestion: Perhaps this should apply even before the verdict!
2. Answer: "From a man" excludes this case.

(k) Question: R. Chananya Ben Akavya holds that since Erchim are fixed, they apply even to one sentenced to die. What does he learn from the verse?
(l) Answer: (Beraisa - R. Yishma'el Bno Shel R. Yochanan Ben Brokah): We find that people liable to death at the hands of Heaven get atonement through money "If ransom is put on him".

1. One might think, this applies even to one facing execution - "Cherem of man ... will not be redeemed".
2. Question: Perhaps this only applies to severe capital sins, for which there is no atonement when done accidentally.

i. How do we know that it applies even to light capital sins, for which there no atonement when done accidentally?

3. Answer: "*Every* Cherem".
4. Question: Don't we already know this from "Do not take ransom"?

(m) Answer #1(Rami Bar Chama): One might have thought that this only applies to one who killed with an upward motion, since when done unintentionally, there is no atonement.