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Makos 9
MAKOS 9 (7 Shevat) - dedicated by Danny & Ramona Schwartz, l'Iluy Nishmat
Yochanan Shabsai ben Yair, Z"L, whose Yahrzeit is 7 Shevat.
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1) [line 2] HIKAHU HAKA'AH SHE'EIN BAH SHAVEH PERUTAH, LOKEH
If a Jew wounds a fellow Jew with a blow that causes damage that is not
worth a Perutah, he is liable to receive Malkus (RAMBAM Hilchos Sanhedrin
16:12). If the damage is worth more than a Perutah, he must pay the fees of
Chovel b'Chaveiro (see Background to Sanhedrin 78:30).
2) [line 3] MAKSHINAN HAKA'AH LI'KELALAH - Ha'ka'ah (striking) is compared
to Kelalah (cursing) through a Hekesh (A Hekesh usually compares two topics
or words that are recorded in the same verse (see Background to Bava Kama
106:15). The Hekesh discussed in our Gemara, for which there is an argument
as to whether it can be used as a Hekesh or not, compares two verses in
Parshas Mishpatim that are separated by another verse. The verses are
"u'Makeh Aviv v'Imo, Mos Yumas" - "And if one strikes his father or his
mother, he shall surely be put to death" (Shemos 21:15), and "u'Mekalel Aviv
v'Imo Mos Yumas" - "And if one curses his father or his mother, he shall
surely be put to death" (ibid. 21:17).)
3) [line 27] AZDU L'TA'AMAIHU - and they (Rabah and Rav Chisda) each follow
their own reasoning elsewhere
4) [line 28] KENA'ANI - a Nochri (lit. Canaanite)
5) [line 31] "HINCHA MES AL HA'ISHAH ASHER LAKACHTA" - "Behold, your are
deserving of the death penalty (lit. you are dead) with regard to the woman
whom you took." (Bereishis 20:3) - When Avraham traveled to the land of the
Pelishtim, he was immediately asked whether Sarah was his wife or his
sister. Since he was well aware of their practice of murdering men who are
married to pretty women in order to take their wives, Avraham answered that
she was his sister. Avimelech, king of the Pelishtim, promptly took her as
his wife. HaSh-m intervened and made it physically impossible for Avimelech
to consummate the marriage. He then appeared to Avimelech in a dream and
informed him that he is liable to the death penalty for taking someone
else's wife. Avimelech protested that he was only informed that she was
Avraham's sister, not his wife. HaSh-m instructed him to return Sarah to
Avraham and to ask Avraham to pray for him. He listened to HaSh-m and was
healed as a result of Avraham's prayers (Bereishis 20:1-18).
6) [line 33] "ME'CHATO LI" - "from sinning to Me" (Bereishis 20:6)
7) [line 33] "V'CHATASI L'ELOKIM" - "and I will sin to HaSh-m!" (Bereishis
39:9) - this verse refers to Yosef and the wife of Potifar
8) [line 33] DINO MASUR L'ADAM - his judgement is in the hands of people (as
opposed to Heaven) (See, however, TOSFOS DH Ela Dino)
9) [line 34] "HA'GOY GAM TZADIK TAHAROG?!" - "Will you kill a nation even
though it is righteous?" (Bereishis 20:4)
10) [last line] "V'ATAH HASHEV ESHES HA'ISH..." - "And now, return the man's
wife, because he is a prophet, and he will pray for you and you will live."
(Bereishis 20:7) - Because Avraham was a prophet, he will know that
Avimelech did not defile her, and he will take her back.
9b---------------------------------------9b
11) [line 7] ACHSENAI - one who seeks lodgings; a traveler
12) [line 10] SHE'HAYAH LO LILMOD V'LO LAMAD - since he should have learned
but he did not learn, i.e. Rabah has answered Abaye's challenge and has
upheld his contention that "Omer Mutar," thinking that a certain action is
permitted, is close to intentional transgression; Avimelech should have
learned the proper behavior and instructed his subjects to desist from
stealing travelers' wives.
13) [line 11] SUMA - a blind person
14) [line 13] MIPNEI SHE'HU K'MU'AD - since he is like an intentional
transgressor
15) [line 17] "B'LO RE'OS" - "without seeing" (Bamidbar 35:23)
16) [line 23] EIN MI'UT ACHAR MI'UT ELA L'RABOS
(a) When a Mi'ut (text that excludes a particular case or item) is followed
by another Mi'ut, the law is that "Ein Mi'ut Achar Mi'ut Ela l'Rabos." That
is, when one limitation of the law appears after another limitation, the
Torah's intent is to *extend* the law, rather than limit it.
(b) This rule of Biblical interpretation interprets the occurrence of two
Mi'utim regarding an identical point as *extending* the Halachah they
describe, rather than limiting it to include less items or to apply in less
cases. That is, even though a single Mi'ut limits the Halachah to specific
items or cases, a double Mi'ut teaches to *extend* the Halachah and not to
interpret it in a limiting sense.
(c) The logical derivation for this rule is as follows: If we already know
to apply the Halachah under discussion to a particular item (or case), it
would not be necessary for the Torah to again teach that the Halachah
applies only to that item. It is therefore evident from the second Mi'ut
that the first one was *not* meant to limit the law to lesser items or
cases. Likewise, the second Mi'ut cannot have been written to exclude those
cases, for the Torah could have taught to exclude them by writing *only* the
first Mi'ut. It must therefore be concluded that the double Mi'ut means to
teach that we should *not* learn to exclude items or cases in the Halachah
under discussion. (This rule is closely related to the rule of "Shenei
Chesuvim ha'Ba'im k'Echad Ein Melamdim" -- see Background to Kidushin 58:13
and to the converse rule of "Ein Ribuy Achar Ribuy Ela l'Ma'et -- see Bava
Kama 45:19.)
(d) In all cases of Mi'ut Achar Mi'ut, the obvious question is why did the
Torah write even a single Mi'ut? Let the Torah write neither Mi'ut and we
would know by ourselves not to exclude items or cases from the law, since
there is no Mi'ut to exclude it! (Obviously the item would not be excluded
without a Mi'ut, since we originally found it necessary to interpret the
first Mi'ut as excluding that item.) TOSFOS (to Yoma 60a DH Trei) asks this
question and answers that perhaps we would have excluded that item without
the first Mi'ut, through a Binyan Av (see Background to Sanhedrin 30:18) or
a Kal va'Chomer (see Background to Bava Basra 111:13). The first Mi'ut was
not really necessary, but we would have justified the Mi'ut as "Milsa d'Asya
b'Kal va'Chomer Tarach v'Chasav Lah Kra" - "the Torah troubles itself to
write out explicitly that which can be learned from a Kal va'Chomer" (see
Kidushin 4a, Chulin 118b). The second Mi'ut teaches not only to ignore the
first Mi'ut, but also to ignore the Binyan Av or Kal va'Chomer as well.
17) [line 24] PERAT L'MISKAVEN - to exclude the case of intention [to kill
an animal and he killed a person; to kill a Nochri and he killed a Yisrael;
etc. -- Daf 7b]
18) [line 25] LO ASRU VEI - he was not warned (HASRA'AH)
See Background to Makos 4:14.
19) [line 26] CHAVER - a Talmid Chacham who is meticulous in his observance
of Halachah (see Background to Makos 6:17)
20a) [line 29] NIFSAK - it (the rope) snapped
b) [line 29] NISHMAT - it slipped from his hands
21) [line 31] REBBI / RABANAN - (source: Mishnah Daf 7b)
22) [line 36] "TACHIN LECHA HA'DERECH" -"prepare for yourself the road"
(Devarim 19:3)
23) [line 43] MECHUVANOS HAYU - they were aligned
24) [line 43] K'MIN SHTEI SHUROS SHEB'CHEREM - like two rows in a vineyard
25) [line 46] MESHULASHIN - they should be trisecting, i.e. there should be
an equal distance from the border to the first city as from the first city
to the second city and so on
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