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REVIEW QUESTIONS ON GEMARA AND RASHI

prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Makos 22

MAKOS 21-24 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1)

(a) The Amora'im cite many possible La'avin which the Tana could have included in our Mishnah (some of them which have nothing, even remotely, to do with plowing, only according to Rebbi Chanina ben Chachinai). Rav Hoshaya asks from 'Zore'a be'Nachal Eisan'.
What does this refer to? Where would the sinner then have to be plowing?

(b) Rav Chananya asks from 'Mochek es Hashem ba'Halichaso', and Rebbi Avahu from 'Kotzetz Baharto' (the prohibition to remove flesh stricken with Tzara'as). What is the source for 'Kotzetz Baharto'?

(c) Abaye asks from 'Mezi'ach Choshen me'Al ha'Eifod' and from 'Meisir Badei Aron', and Rav Ashi, from 'Choresh ba'Atzei Asheirah'.
What is the source of this latter La'av?

2)
(a) Ravina asks from 'Kotzetz Ilanos Tovos' and Rebbi Avira comments to Rebbi Mani that the Tana could have asked from where the sinner had sworn that he would not plow on Yom-tov.
On what grounds do we reject this latter Kashya?

(b) How do we nevertheless reinstate it? How is it possible for such a Shevu'ah to take effect?

(c) We refute the suggestion that the Tana does not include the case of Shevu'ah, because he is not concerned with something that can be rescinded, from Hekdesh and Nazir, both of which the Tana mentions even though both can be rescinded.
How do we reinstate the Kashya however, by rejecting the Pircha from ...

  1. ... Hekdesh?
  2. ... Nazir?
(d) On what grounds do we reject this interpretation of Nazir?
3)
(a) How do we finally answer the Kashya from Shevu'ah? Why *does* the Tana not include it in the Mishnah?

(b) All the Other Kashyos however, remain unaswered.
Why in fact, *does* the Tana omit them (see Tosfos DH 'Maskif'?

4)
(a) What is a 'Shor Pesulei ha'Mukdashin'?

(b) Rebbi Hoshaya rules that someone who breeds a Shor Pesulei ha'Mukdashin is subject to two sets of Malkos.
Why is that?

(c) What gives the animal this dual status?

(d) Will Rebbi Hoshaya's ruling apply even if the cow is a Pesulei ha'Mukdashin too?

(e) And what does Rebbi Yitzchak say about someone who leads a 'Shor Pesulei ha'Mukdashin' that is hitched to a plow?

5)
(a) What does our Mishnah learn from the Pasuk "be'Mispar ... Arba'im"?

(b) According to Rebbi Yehudah, one receives forty lashes.
Where is the 'extra' one administered?

(c) The Mishnah requires 'Makos Re'uyos le'Hishtalesh'.
What does the Tana mean by that?

6)
(a) What does our Mishnah say about a case where someone is assessed ...
  1. ... for 'forty' lashes, and after he has received some of them, it is discovered that he cannot take the full quota?
  2. ... for eighteen lashes, and after he has received them, they conclude that he is able to take the full quota?
(b) What will the Din in a case where he is assessed ...
  1. ... for 'forty' lashes, and before he has received any, it is discovered that he cannot take any Malkos at all?
  2. ... for eighteen lashes, and before he has received any, they conclude that he is able to take the full quota?
Answers to questions

22b---------------------------------------22b

7)

(a) Our Mishnah extrapolates from the Pasuk "be'Mispar ... Arba'im" that Malkos comprises thirty-nine lashes.
What might the Torah have written had it meant the sinner to receive forty?

(b) Based on this D'rashah, why does Rava refer to most people as foolish?

(c) What does Rebbi Yehudah learn from the Pasuk in Zecharyah "Mah ha'Makos ha'Eileh Bein Yadecha, ve'Amar Asher Hukeisi Beis Me'ahavai"?

(d) How do the Rabbanan interpret this Pasuk?

8)
(a) We learned in our Mishnah that if the Chachamim assessed a sinner to receive a certain amount of lashes and before having receiving any, they reassessed that he could take more or less than the original assessment, he will receive the higher assessment. How do we reconcile this with the Beraisa which sentences him to the lower amount either way?

(b) On what grounds do we reject the explanation that if Beis-Din assessed him for that day, then we cannot exempt him before he has received at least some of the Malkos?

(c) What does our Mishnah rule in a case where Beis-Din assessed someone who committed a double-sin (e.g. he plowed with an ox and a donkey, and at the same time, he sowed Kil'ayim in a vineyard), and he received some of the Malkos? When will he receive the outstanding Malkos and when will he not?

(d) How does Rav Sheishes reconcile this with the Beraisa 'Ein Omdin Omed Echad li'Shenei La'avin'?

9)
(a) Presumably the post to which they tied the sinner's hands, was the width of a person.
How tall was it?

(b) What does the Sheliach Beis-Din do next? How much of his body had to be revealed?

(c) Did the Sheli'ach Beis-Din have to pay if he tore his clothes?

(d) Where did the he stand?

10)
(a) What did the Sheli'ach Beis-Din do with the two calf straps with which he was about to lash the sinner?

(b) What did he attach to inside the fold of each of the two doubled calf straps?

(c) What size was the handle?

(d) How long and how wide was each of the straps?

11)
(a) How were the thirty-nine lashes divided?

(b) What do we learn from the Pasuk in Ki Seitzei "Vehipilo ha'Shofet"?

(c) How much force did the Sheli'ach Beis-Din put into the stroke?

12)
(a) What do we learn from the Pasuk in Kedoshim (in connection with a Shifchah Charufah) "Bikores Tiheyeh"?

(b) Which Parshah did he read?

(c) How did he conclude?

(d) What did he do if he finished reading before the sinner had received all his Malkos?

13)
(a) What happened if the sinner died ...
  1. ... in the course of the Malkos?
  2. ... as a result of the Sheli'ach Beis-Din adding an extra stroke?
(b) What does our Mishnah learn from the Pasuk "ve'Niklah Achicha le'Einecha"?

(c) What does Rebbi Yehudah say?

Answers to questions

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