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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Sanhedrin 54

1) ONE IS ALWAYS LIABLE FOR HIS MOTHER

(a) Support (for Rava - Beraisa): "Ish" - this excludes a minor; "Asher Yishkav Es Eshes Aviv" - this connotes whether or not she is his mother;
1. Question: What is the source to obligate Misah for his mother if she is not his father's wife?
2. Answer: "Ervas Aviv Gilah" - this is free to learn from a Gezerah Shavah (to be explained).
3. "Mos Yumesu" - they are stoned.
4. Question: Perhaps it refers to a different Misah!
5. Answer: It says here "Demeihem Bam", and also regarding Ov and Yid'oni - just as there it refers to stoning, also here.
6. Question: This teaches the punishment - where does the Torah warn not to have relations with her?
7. Answer: "Ervas Avicha Lo Segale" - this refers to your father's wife.
8. Question: Perhaps it refers to your father himself!
9. Answer: It says "Ervas Avicha Lo Segale", it also says "Ervas Aviv Gilah";
i. Just as the latter refers to his father's wife, also the former.
10. Question: This includes his father's wife whether or not she is his mother - what is the source to forbid his mother if she is not his father's wife?
11. Answer: "Ervas Imcha Lo Segale".
12. Suggestion: Perhaps his mother is forbidden whether or not she is his father's wife, but this is Chayav Misah if she is his father's wife!
13. Rejection: It says "Ervas Avicha Lo Segale", it also says "Ervas Aviv Gilah";
i. Just as the mother is forbidden in every case, the punishment is Misah in every case.
14. "Imcha Hi" - he is only liable for his mother, not for his father's wife.
(b) Chachamim explain, "Ervas Avicha" refers to relations with your father.
(c) Question: All Mishkav Zachar (homosexual relations) are forbidden - "V'Es Zachar"!
(d) Answer: For relations with his father he is also liable on account "Ervas Avicha", as Rav Yehudah taught.
1. (Rav Yehudah): If a Nochri had relations with his father, or with his father's brother he is liable twice.
2. (Rava): Presumably, Rav Yehudah refers to a Yisrael, if he was Shogeg he brings two Korbanos;
i. 'Nochri' is a euphemism, he did not want to attribute such an act to a Yisrael;
ii. If it really referred to a Nochri, he is killed for transgressing any of his Mitzvos (even b'Shogeg) - it is not possible to punish him twice!
3. Support (Beraisa): If one had relations with his father, or with his father's brother he is liable twice.
4. Opinion #1: The Beraisa is unlike R. Yehudah (for he uses "Ervas Avicha" for a Gezerah Shavah, it does not teach about relations with his father).
5. Opinion #2: The Beraisa is even like R. Yehudah - he learns (extra) liability for (homosexual relations with) his father from a Kal va'Chomer from his (paternal) uncle:
i. If one is liable (an extra Korban) for (relations with) his uncle, the relative of his father, all the more so he is liable for his father!
6. Chachamim and R. Yehudah argue as Abaye and Rava do, whether or not we punish (lashes or death from a Kal va'Chomer):
i. R. Yehudah says that we do, that is his source to obligate for the father;
ii. Chachamim say that we do not, they expound "Ervas Avicha".
(e) Question: What is Chachamim's source for the warning for a father's wife?
(f) Answer: They learn from "Ervas Eshes Avicha Lo Segale".
1. R. Yehudah uses that for a warning for a father's widow.
2. Chachamim learn this from the end of the verse - "Ervas Avicha Hi".
3. R. Yehudah uses this to teach that (if she is married) you are liable only for your father's wife, not for a married woman.
4. Question (Mishnah): If one had relations with his father's wife, he is liable for this and for a married woman, whether or not his father is alive.
i. R. Yehudah does not argue!
5. Answer (Abaye): He does not argue in the Mishnah, but (presumably) he argues in a Beraisa.
(g) Question: What is Chachamim's source for the punishment for a father's widow?
1. R. Yehudah can learn from the Gezerah Shavah, but Chachamim do not learn from it!
(h) Answer: R. Yehudah used "Ervas Aviv Gilah" for a Gezerah Shavah - Chachamim use this to teach Misah for a father's widow.
(i) Question: What is Chachamim's source for the punishment for one's mother if she was not his father's wife?
(j) Answer (Rav Shisha brei d'Rav Idi): "Imcha Hi" - the Torah equates a mother not married to the father with one who is.
(k) (Mishnah): One who had relations with his daughter-in-law...
(l) Question: He should also be liable for relations with his son's wife (since the Torah gives this as another name for the prohibition)!
(m) Answer (Abaye): The Torah begins by calling her Kalaso (daughter-in-law), and ends by calling her his son's wife, to teach that these are the same prohibition.
2) MISHKAV ZACHAR
(a) (Mishnah): Men who have Mishkav Zachar, or a man or woman that commits bestiality are stoned (and also the animal).
(b) Question: The person sinned, why is the animal killed?
(c) Answer #1: Because the animal led to the downfall of a person, it is stoned.
(d) Answer #2: Also, the Torah does not want that people will see the animal and mention that Ploni was stoned on account of it.
(e) (Gemara) Question: What is the source to stone for Mishkav Zachar?
(f) Answer (Beraisa): "Ish" - this excludes a minor; "Asher Yishkav Es Zachar" - whether he (the one he lies with) is a minor or adult;
1. "Mishkevei Ishah" - this teaches that there are two kinds of relations with a woman (natural and unnatural, the same laws apply to both).
2. R. Yishmael says, this (seemingly) came to teach (about Mishkav Zachar), but (since it is not needed for this (there is only one way to do it)), it teaches about relations with a woman.
3. "Mos Yumasu" - by stoning;
4. Question: Perhaps they receive a different Misah!
5. Answer: It says here "Demeihem Bam", and also regarding Ov and Yid'oni - just as there it refers to stoning, also here.
54b---------------------------------------54b

6. Question: This teaches the punishment - where does the Torah forbid Mishkav Zachar?
7. Answer: "V'Es Zachar Lo Sishkav Mishkevei Ishah To'evah Hi".
8. Question: This forbids the Shochev (the man who inserts his Ever) - where does the Torah forbid the Nishkav?
9. Answer #1 (R. Yishmael): It says "Lo Yihyeh Kadesh mi'Benei Yisrael"; it also says "Kadesh Hayah va'Aretz Asu k'Chol ha'*To'avos*" (which refers to Mishkav Zachar in the above verse).
10. Answer #2 (R. Akiva): We learn from "Lo Sishkav" - we (also) read this 'Lo Sishachev" (to be the Nishkav).
(g) Question: Where does the Torah say to kill for bestiality?
(h) Answer: "Ish" - this excludes a minor; "Asher Yiten Shechavto bi'Vhemah" - whether it is big or small; "Mos Yumas" - he is stoned.
1. Question: Perhaps he receives a different Misah!
2. Answer: It says here "Taharogu", as it says regarding a Mesis - just as there it refers to stoning, also here.
3. Question: This punishes one who is Shochev with an animal - where does the Torah punish a Nishkav?
4. Answer: "Kol Shochev Im Behemah Mos Yumas".
i. Since we do not need this to teach about a Shochev, we use it to teach about a Nishkav.
5. Question: This teaches the punishment - where does the Torah forbid bestiality?
6. Answer: "Uv'Chol Behemah Lo Siten Shechavtecha".
7. Question: This forbids to Shochev with an animal - where does the Torah forbid a Nishkav?
8. Answer #1 (R. Yishmael): It says "Lo Yihyeh Kadesh"; it also says "Kadesh Hayah..." (and bestiality is also called To'evah).
9. Answer #2 (R. Akiva): It says "Lo Siten Shechavtecha" - we (also) read this 'Lo Siten Shechivasecha' (to be Nishkav).
(i) (R. Avahu): If Reuven was Shochev with a man and was Nishkav with a man:
1. According to R. Yishmael, he is liable twice (i.e. if he was Shogeg, he brings two Korbanos) because different verses forbid these - "Lo Sishkav" and "Lo Yihyeh Kadesh");
2. According to R. Akiva, he is liable once - both are learned from (different ways to read) "Lo Sishkav".
(j) (R. Avahu): If Reuven was Shochev with and was Nishkav with an animal:
1. According to R. Yishmael, he is liable twice - for "Lo Siten Shechavtecha" and "Lo Yihyeh Kadesh";
2. According to R. Akiva, he is liable once - both are learned from (readings of) "Lo Siten Shechavtecha".
(k) (Abaye): Here, R. Yishmael agrees that he is liable only once - "Lo Yihyeh Kadesh" refers to Mishkav Zachar.
(l) Question: If so, what is his source to forbid a Nishkav (with an animal)?
(m) Answer: He learns from "Kol Shochev Im Behemah Mos Yumas" - since we do not need this to teach about a Shochev, (we already have sources that it is forbidden and punishable by stoning), we use it to teach about a Nishkav;
1. The Torah teaches about a Nishkav by saying 'Shochev', to equate them - just as a Shochev is warned and punished, also a Nishkav.
(n) (R. Avahu): If Reuven was Nishkav with a man and with an animal:
1. According to R. Akiva, he is liable twice - for "Lo Sishkav" (we read 'Lo Sishachev') and "Lo Siten Shechavtecha" (we read 'Lo Siten Shechivasecha');
2. According to R. Yishmael, he is liable once - both are learned from "Lo Yihyeh Kadesh".
(o) (Abaye): Here, R. Yishmael agrees that he is liable twice - it says "Kol Shochev Im Behemah Mos Yumas";
1. The Torah teaches about a Nishkav by saying 'Shochev', to equate them - just as a Shochev is warned and punished, also a Nishkav.
(p) If one is Shochev and Nishkav with a man, and is Shochev and Nishkav with an animal, R. Avahu and Abaye agree that R. Yishmael obligates him three times (for "Lo Sishkav", "Lo Siten Shechavtecha", and "Lo Yihyeh Kadesh"), R. Akiva obligates twice (for "Lo Sishkav" and "Lo Siten Shechavtecha").
3) RELATIONS OF A MINOR
(a) (Beraisa): A boy is not considered like a man, a small animal is considered like a grown animal.
(b) (Rav): This means that we do not consider relations with a boy less than nine years old like relations with a boy above nine.
(c) (Shmuel): It means that we do not consider relations with a boy less than three like relations with a boy above three.
(d) Question: On what do they argue?
(e) Answer: Rav holds that only one who can be Shochev (i.e. a nine-year old, his Shechivah is considered relations) can be Nishkav;
1. Shmuel learns from "Mishkevei Ishah" (a boy that is Nishkav is like a girl - if a three-year old girl is Nishkeves, it is considered relations).
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