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Sanhedrin 57
1) [line 1] "VA'TISHACHES HA'ARETZ LIFNEI HA'EL-KIM..." - "The earth also
was corrupt before HaSh-m, [and the earth was filled with robbery.]"
(Bereishis 6:11) - The fact that the Generation of the Flood was punished
for the negative commandments learned from the following verses shows that
all of mankind received these commandments beforehand (RASHI).
2) [line 4] "PEN TASHCHISUN VA'ASISEM [LACHEM PESEL...]" - "Lest you become
corrupt and make [for yourselves a graven image...]" (Devarim 4:16) - This
verse connects the concept of Hashchasah with Avodah Zarah.
3) [line 5] ORCHAIHU D'KA MEGALEI - [this verse (Bereishis 9:11)] reveals
their ways (and explains why they were destroyed)
4) [line 6] "... K'YEREK ESEV NASATI LACHEM ES KOL." - "[Every moving thing
that lives shall be food for you;] even as the green herbs have I given you
all things." (Bereishis 9:3)
5a) [line 7] K'YEREK ESEV - like the vegetables of the grass [of the fields]
(that are ownerless)
b) [line 7] K'YEREK GINAH - like the vegetables of a [private] garden
6) [line 8] "ACH BASAR B'NAFSHO DAMO LO SOCHELU." - "But flesh with its
life, its blood, you shall not eat." (Bereishis 9:4) - The flesh is
prohibited as long as the animal is "with its life," i.e. alive.
7) [line 9] L'MISHREI SHERATZIM HU D'ASA - it comes to permit to them [Ever
Min ha'Chai of] swarming things (insects and the like. Source: Gemara 59b)
8) [line 9] "... SHIRTZU VA'ARETZ U'RVU VAH." - "[And you, be fruitful, and
multiply;] abound in the earth, and multiply in it." (Bereishis 9:7)
9) [line 10] KIL'AYIM DI'CHESIV "MEHA'OF L'MINEIHU" - Kil'ayim (i.e.
Harba'as Behemah -- see Background to Sanhedrin 56:33) [is prohibited to
Benei Noach] since the verse states, "from the birds according to their
species" (Bereishis 6:20). (The fact that Noach was commanded to bring all
the animals in pairs and not to bring one animal of one species along with
another animal of another species shows that there was a prohibition against
the practice of Ha'rba'as Behemah.)
10) [line 10] L'TZAVSA B'ALMA - just to have company (an animal prefers to
keep company with another one of its own species)
11) [line 11] AMREI BEI RAV - the scholars taught in the Beis Midrash of Rav
12) [line 18] AZHARAH SHELAHEN ZO HI MASASAN - their prohibitions are [the
causes that will bring about] their deaths. (In the prohibitions commanded
to Benei Noach, the Tana'im do not use the word "Azharah" in the sense of a
negative commandment, as is the case with the prohibitions commanded to
Benei Yisrael.)
13a) [line 21] AL HA'GEZEL - [Benei Noach are commanded] regarding robbery
(and stealing) [as follows]:
b) [line 21] GANAV - [a Ben Noach] stole
c) [line 21] GAZAL - [a ben Noach] robbed
d) [line 21] YEFAS TO'AR
(a) The Torah (Devarim 21:10-14) permits a Jewish soldier to take home a
foreign female prisoner of war, convert her, and marry her. The Torah
permits this "only in recognition of the power of a man's evil inclination,"
in order to prevent the strong likelihood that some Jews might be overcome
by their Yetzer ha'Ra and engage in forbidden relations with her.
(b) However, the Torah requires first that she undergo a thirty-day period
of mourning for her parents (as well as for their idolatrous practices;
Yevamos 48b, RAMBAM Hilchos Melachim 8:5). This involves shaving her head,
letting her fingernails grow (or be cut; see Yevamos 48b), and replacing the
fine garments that she was wearing when she was captured with ordinary
clothes. This is done in order to make her less attractive (RASHI to Devarim
ibid., IBN EZRA to Devarim ibid.) and to signify purification and a new
status (CHIZKUNI to Devarim ibid.).
(c) There is a Machlokes Rishonim regarding whether it is permitted for the
Jewish soldier to have relations with the Yefas To'ar a single time, during
the war, before bringing her home (RAMBAM, RABEINU TAM), or whether such an
act during war is forbidden and that the soldier must wait until after her
period of mourning is completed (RASHI, according to TOSFOS; see RITVA).
(d) A Ben Noach who takes a Yefas To'ar in one of his wars is liable to the
death penalty for stealing, since Benei Noach were not commanded by the
Torah to capture any land ("Lav Benei Kivush Ninhu" -- Sanhedrin 59a).
e) [line 21] V'CHEN KA'YOTZEI VAHEN - and similarly [they are liable to
the death penalty] for [transgressions that are] comparable to them (i.e. to
Gazal and Yefas To'ar - and possibly Shefichus Damim - as the Gemara
explains at the bottom of this Amud; see Rashi's comment with regard to
Ganav, DH ka'Yotzei Vo b'Gezel)
14) [line 21] KUSI - that is, a Nochri
15) [line 22] YISRAEL B'KUSI - A Jew from a Nochri [is permitted]
16) [line 26] RO'EI VEHEMAH DAKAH LO MA'ALIN V'LO MORIDIN - shepherds of
small domesticated animals [should they fall into a pit] are not brought up
(i.e. are not saved), but they are not lowered down [into pits to die there]
(a) The Chachamim decreed that it is prohibited to raise Behemah Dakah
(small, domesticated farm animals such as sheep), in Eretz Yisrael because
they enter people's fields and damage their property. The shepherds who tend
the flocks of others are classified among those people who are disqualified
from testifying and being judges, since they are suspected of stealing
(Sanhedrin 25b).
(b) This statement shows that Yisrael b'Kusi is not Mutar (permitted), and
the Tosefta had no choice but to use the word Patur (exempted from
punishment). Therefore, there is no proof from here that the Tosefta uses
specific language in reference to the rulings of Asur - Mutar and Chayav -
Patur.
17a) [line 28] PO'EL B'CHEREM
(a) The Torah grants workers and beasts of burden the right to eat the
produce with which they are working in certain situations (Devarim 23:25-26,
25:4). First, the produce must be a product of the earth.
(b) Next, if the produce is attached to the ground, it must be in the final
stages of preparation, i.e. when it is being picked. If it is already cut
from the ground, it must not have reached the final stage of preparation for
which it is normally grown, which is the time when Ma'aser (see Background
to Bava Metzia 52:3 and below, entry #49) or Chalah (see below, entry #26)
must be taken.
b) [line 28] BI'SHE'AS GEMAR MELACHAH - at the time that the final stages
of production are done
18) [line 33] KOVESH SECHAR SECHIR (HALANAS SECHAR SACHIR / KOVESH SECHAR
SACHIR)
(a) There are two places in the Torah in which an employer is commanded not
to withhold the wages of his hired worker. First, the Torah commands, "Lo
Sa'ashok Es Re'acha v'Lo Sigzol; Lo Salin Pe'ulas Sachir Itcha Ad Boker" -
"You shall not defraud your neighbor, and you shall not rob him; you shall
not leave overnight the wage of a worker with you until the morning"
(Vayikra 19:13). The Gemara (Bava Metzia 110b) teaches that this verse
refers to a Sechir Yom, a hired *day* worker. Such a worker comes in from
his work at the end of the day, when the night has begun. The employer has
all night to pay the worker his wages. If the morning arrives, though, and
the employer has not yet paid the worker, then the employer transgresses the
Lav of "Lo Salin." The employer also transgresses the additional Lavim
mentioned in the verse of "Lo Sa'ashok" and "Lo Sigzol."
(b) Second, the Torah commands, "Lo Sa'ashok Sachir Ani v'Evyon me'Achecha O
mi'Gercha Asher b'Artzecha bi'Sh'arecha. B'Yomo Siten Secharo v'Lo Savo Alav
ha'Shemesh, Ki Ani Hu, v'Elav Hu Nosei Es Nafsho; v'Lo Yikra Alecha El
HaSh-m, v'Hayah Vecha Chet" - "You shall not defraud the wages of a poor or
destitute hired worker who is your brother or a convert living in your land
within your gates. On his day you shall give him his wages, and you shall
not let the sun set on him waiting, for he is poor, and on it his life
depends; he should not have to cry out against you to HaSh-m and cause you
to have a sin" (Devarim 24:14-15). The Gemara (ibid.) teaches that this
verse refers to a Sechir Lailah, a hired *night* worker. Such a worker comes
in from his work at the end of the night, when they day has begun. The
employer has all day to pay the worker his wages. If the next night arrives
(at sunset), and the employer has not yet paid the worker, then the employer
transgresses the Lav of "Lo Savo Alav ha'Shemesh." The employer also
transgresses the additional Lavim mentioned in the verse of "La Sa'ashok"
and "Lo Sigzol" (in Vayikra 19:13).
19) [line 35] BEN NO'ACH SHE'YICHED SHIFCHAH L'AVDO - a Ben Noach who
designated a maidservant as the "wife" of one of his Nochri slaves
57b---------------------------------------57b
20) [line 6] "[V']ACH ES DIMCHEM L'NAFSHOSEICHEM EDROSH..." - "However, your
blood of your souls I will demand (if you take your own blood)..."
(Bereishis 9:5) - The singular form of the word "Edrosh" (even though in the
simple meaning of the verse this word refers to HaSh-m) is used by Rav
Yehudah to teach that only a single judge is required for "Derishah," which
is part of judgment, as is evident from Sanhedrin 32a.
21) [line 17] V'SHADI LEI - and it (the word ba'Adam) is learned together
with (lit. thrown to) [the words at the end of the verse]
22) [line 19] SHE'HU V'GUFO SHEL ADAM - that is in the body of a person (the
fetus in the mother's womb)
23) [line 21] "KI YEDATIV LEMA'AN ASHER YETZAVEH [ES BANAV V'ES BEISO...]" -
"For I love him, since he will command [his children and his household after
him that they shall keep the way of HaSh-m, to do justice and charity; that
HaSh-m may bring upon Avraham that which he has spoken of him.]" (Bereishis
18:19) - The word "Beiso" refers to the female members of his household --
RASHI.
24) [line 22] HU MOSIV LAH, V'HU MEFAREK LAH - he asked the question and he
himself answered it
25) [line 28] "AL KEN YA'AZOV ISH [ES AVIV V'ES IMO V'DAVAK B'ISHTO, V'HAYU
L'VASAR ECHAD.]" - "Therefore shall a man leave [his father and his mother,
and shall cleave to his wife; and they shall become one flesh.]" (Bereishis
2:24)
26) [line 30] HADAR ARVINHU KERA - the [end of the] verse mixed them
together again
27) [line 38] MIGRA GARA? - (lit. Should it be less?) Should the fact that
he is to be judged by the Jewish courts lessen the severity with which he is
judged? (A Ben Noach is usually judge by one judge, with one witness
testifying against him and without any warning prior to the crime. If these
items are added when the Jewish courts judge him, we encounter a lessening
in the severity with which he is judged.)
28) [line 40] D'DAININAN LEHU B'DINA DIDAN - in which we judge him with our
judgment, i.e. he is punished with the same punishment that a Jew receives
for a Na'arah Me'orasa
29) [line 44] NICHNESAH L'CHUPAH (CHUPAH)
(a) The Mishnah and Gemara use the word "Chupah" in a number of places to
refer to an act of Kinyan that creates Nisu'in (see Background to Kidushin
2:1:II:c). The source in the Torah for this Kinyan may be found in the verse
regarding Hafaras Nedarim, "v'Im Beis Ishah Nadarah" (Bamidbar 30:11), which
describes the married woman as "in the house of her husband" (RAN to Kesuvos
1a in the pages of the Rif). According to the SIFRI (Korach #117, cited by
RASHI to Kidushin 10b DH Zo she'Bi'asah), it is also hinted at in the verse
"Kol Tahor b'Veischa Yochal Oso" (Bamidbar 18:11), which means "Any *member
of the house* [of a Kohen] who is Tahor may eat it (Terumah)." In Yoel 2:16
the verse refers to a Kalah who "exits her Chupah."
(b) The Gemara never describes clearly how the Kinyan of Chupah is done. The
Rishonim, in fact, offer different explanations for what exactly is meant by
"Chupah."
1. The RAN (ibid.) cites the view of the GE'ONIM that Chupah means that the
Chasan secludes himself with the Kalah to the absolute exception of anyone
else (Yichud). (See also RAMBAM Hilchos Ishus 10:1).
2. Another opinion states that Chupah means that the woman is brought into
the husband's house "l'Shem Nisu'in," for the purpose of Nisu'in in a
semi-private manner. (That is, they may still be visible by others who may
watch them from the outside.) (RAMBAM ibid., according to the MAGID MISHNEH
end of Ishus 10:6 and the BEIS ME'IR EH 55:1.) Similarly, the RAN (Kesuvos
1a) defines Chupah as "bringing the Kalah into the Chasan's house l'Shem
Ishus" (but he does not seem to require any type of Yichud) and the TUR (EH
61) defines Chupah as Yichud (but he does not seem to require that the Kalah
be brought into his house -- see DERISHAH 61:1, PERISHAH 61:2).
3. Others explain that Chupah is a symbolic act which shows that the Chasan
is designating the Kalah for himself and is about to bring her into his home
permanently to be his wife. This act is an act of covering the Kalah
("Chofeh") in some way. For example, the TASHBETZ (Tashbetz Katan #461) and
the REMA (EH 55:1) describe Chupah to be a cloth or curtain spread over the
heads of the Chasan and Kalah (which is to what we refer today as Chupah).
The ME'IRI (Kesuvos 7b) writes that the practice was to take a corner of the
head covering of the Kalah and cover the Chasan's head with it. The YAM SHEL
SHLOMO (Kesuvos 1:17) writes that they covered the Kalah's head with the
Chasan's Talis. TOSFOS in Yoma (13b) writes that covering the Kalah's head
with the veil ("Hinuma") is Chupah (at least for a Besulah). The BA'AL
HA'ITUR (Birkas Chasanim, #2) writes that Chupah means bringing her into his
house once he has decorated it in her honor, or into a pretty bridal canopy.
(c) In current practice, we attempt to fulfill most of these opinions of
Chupah at weddings nowadays, as the BACH (EH 61) points out. The Chasan
lowers the veil over and covers the Kalah's face (Badeken), which is the
Chupah according to Tosfos. They stand underneath a canopy that is spread
out over the two of them. The Chasan then brings the Kalah to the Yichud
room, where they eat together in a private place (REMA EH 55:1). (See also
Insights to Kesuvos 57:1 for a more detailed analysis of this subject.)
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