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Shevuos 33
1) [line 3] KEROVIN BI'NESHOSEIHEN - relatives through their wives (EDUS:
PESULEI KURVAH)
(a) The Mishnah (see Sanhedrin 24b, and Gemara there; Rosh Hashanah 22a)
lists the people who are Pesulei Edus, those people who are disqualified to
judge or to give testimony. Among them are relatives, who may not join
together in one set of witnesses or one court. Similarly, relatives of the
litigants are disqualified. However, only close relatives are disqualified,
such as parents, siblings and cousins (see Background to Bava Basra 128a).
(b) In our Sugya, the two witnesses of the second set were unrelated when
they saw the event (TOSFOS) and then married sisters (RASHI). Other Rishonim
explain that both witnesses were related to one of the litigants (RABEINU
CHANANEL).
2) [line 4] ROV GOSESIM L'MISAH - most people who are deathly ill die rather
than get well
3a) [line 7] PIKADON - an object or sum of money given to Peloni to guard
b) [line 7] TESUMES YAD - [money given to Peloni as] a fellowship -- for
the purposes of our Mishnah, a loan
c) [line 7] GEZEL - stolen goods
d) [line 8] AVEIDAH - an object that was lost [and subsequently found by
Peloni]
4) [line 11] CHAYAVIN AL KOL ACHAS V'ACHAS - they must bring a separate
Korban Oleh v'Yored for each item (from the list in Vayikra 5:21, or see
Background to Shevuos 32:1a) to which they swore that they do not know
testimony
5a) [line 13] CHITIN - wheat
b) [line 13] SE'ORIN - barley
c) [line 14] KUSMIN - spelt
6a) [line 19] NEZEK - the payment for damages caused by a Shor ha'Mu'ad (see
next entry)
b) [line 19] CHATZI NEZEK - the payment for damages caused by a Shor Tam
(SHOR TAM / SHOR HA'MU'AD)
(a) A bull that gores one or two times is called a Shor Tam. The owner only
pays half the value of the damages (Chatzi Nezek) that his bull causes in
this manner. In addition, the owner of the bull that causes the damage never
has to pay more than the value of the bull that damaged. That is, payment
for the damages is taken from the animal itself that caused the damage
("mi'Gufo") (Shemos 21:35).
(b) If the bull gored three times or more, and the owner was informed and
warned to guard his bull each time, the bull is termed a Shor ha'Mu'ad. When
a Mu'ad causes damage, the owner must pay the full value of the damages
(Nezek Shalem) that his bull causes through goring, even if it is greater
than the value of the goring bull itself ("Min ha'Aliyah") (Shemos 21:36).
(c) If the bull (Tam or Mu'ad) killed a person, then it is put to death
(Shemos 21:29).
7) [line 19] TASHLUMEI CHEFEL - a thief's double restitution / TASHLUMEI
ARBA'AH V'CHAMISHAH - a thief's quadruple and quintuple restitution for the
theft and subsequent slaughter or sale of a sheep or bull, respectively
(a) If a thief surreptitiously steals an object from a fellow Jew, and is
found guilty of the theft in court based on the testimony of valid
witnesses, he must return the object (if it is still in its original state)
or its value (if it is not) to its owner (Vayikra 5:23). In addition, the
thief is obligated to pay the victim of the theft the value of the stolen
object a second time. Restitution of the value of the stolen object is
called "Keren," and the additional payment is known as "Kefel."
(b) For a further discussion of the topic of Kefel, see Background to Bava
Metzia 56:9.
(c) If the object that was stolen was a live sheep or bull, and the thief
either slaughtered or sold it, the Torah (Shemos 21:37) places an even
stiffer fine on the thief. In the case of a stolen sheep that was
slaughtered or sold, the thief must compensate the owner a total of four
times its actual value ("Arba'ah"), while in the case of a stolen bull that
was slaughtered or sold the thief must compensate the owner a total of five
times its actual value ("Chamishah"). This law does not apply to any other
object or animal that is stolen. Chazal (Bava Kama 79b) explain that the
Torah was more lenient with a person who steals a sheep than with one who
steals a bull, since he already suffered a somewhat demeaning experience of
walking with a sheep on his shoulders (as opposed to the bull-thief, who
presumably led the bull on foot before him).
(d) For a further discussion of the topic of Arba'ah v'Chamishah, see
Background to Makos 4:17.
8) [line 20] ANAS / PITAH (ONES / PITUY)
(a) ONES - If a man rapes a girl (between the ages of 12 and 12 1/2,
according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim --
Kesuvos 29a), he must pay her father a fine of fifty Shekalim, as stated in
the Torah (Devarim 22:28). This amount is the equivalent of a Kesuvah
(dowry) of a virgin and is in addition to the payments of Pegam, Boshes and
Tza'ar (Kesuvos 39a, see above, entry #3:1, 2, 5). The man must also marry
the girl and never divorce her, if the girl wishes to be his wife.
(b) MEFATEH - If a man seduces a girl (between the ages of 12 and 12 1/2,
according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim --
Kesuvos 29a), and the girl or her father refuses to let him marry her, or if
the man chooses not to marry her, he must give the father of the girl fifty
Shekalim. This amount is the equivalent of a Kesuvah of a virgin and is in
addition to the payments of Pegam and Boshes (see above, entry #3:1, 5; the
seducer does not pay the payment of Tza'ar -- Kesuvos 39b). If he chooses to
marry her and they consent, the man is not obligated to pay anything to the
girl or to her father at the time of the marriage. If he later divorces her,
he must give her the Kesuvah of a virgin upon her divorce (Shemos 22:16).
9) [line 21] HIKANI BENI - my son struck me (CHOVEL B'AV V'EM)
(a) A person who strikes his father or mother such that blood flows from the
wound, after having received a proper warning that the act is punishable
with death, is liable to the death penalty of Chenek (choking), as it states
in the Torah (Shemos 21:15).
(b) If blood does not flow from the wound when the person strikes his father
or mother, the penalty is the same as the five payments of Chovel
b'Chaveiro, one who strikes his fellow man (see Background to Sanhedrin
78:30). (RAMBAM Hilchos Chovel u'Mazik 4:7)
(c) RASHI differentiates between the word "Hikani" - "he struck me" of our
Mishnah and the words "Chaval Bi" - "he wounded me" of the Mishnah on Amud
Beis. "Hikani" refers to the wound from which blood does not flow while
"Chaval Bi" refers to the wound from which blood does flow.
10) [line 22] CHAVAL BI CHAVEIRI VESHE'HIDLIK ES GADISHI B'YOM HA'KIPURIM
(YOM HA'KIPURIM: CHOVEL U'MAZIK)
(a) A person who wounds his fellow Jew (Chovel b'Chaveiro) is obligated to
pay five payments to the victim, i.e. four payments in addition to Nezek,
which one must always pay for damages. The five payments are:
1. NEZEK (Damages, also known as Pegam) - If one causes damage to the person
of a fellow Jew, such as blinding his eye, cutting off his hand or breaking
his foot, Beis Din assesses the damages that he caused based on the
depreciation such damages would cause to a slave on the slave market.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount
that the injured person would be ready to pay to have the identical injury i
nflicted in a painless manner (Bava Kama 85a). Pain payments are due even if
no other damage (other than the pain) was inflicted -- for example, if one
person burned another's fingernail without causing a wound. The amount of
this payment ultimately depends upon the physical and financial situation of
the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).
3. RIPUY (Medical expenses) - He must pay all medical costs until the
injured person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the
injured person's recovery. Sheves is evaluated as if the injured person is
protecting a pumpkin patch from birds, a job that requires only minimal
exertion and can be accomplished even by an invalid. (The money that the
injured person loses due to his permanent handicap, though, is covered by
the Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person
who caused the embarrassment and the status of the person who was
embarrassed. According to most opinions, the shame caused *by* an
undignified person is greater than the shame caused by an average or
dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA
to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420
and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an
*average* person is greater than the shame cause by an undignified or a
dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the
Halachah in all cases except for Ones and Mefateh -- see below, entry #7 --
which follow the previous opinion). With regard to a person who was
embarrassed, shame caused *to* a dignified person is greater than the shame
that an average or undignified person suffers (Bava Kama ibid.).
(b) A person who wounds someone (or who burns a pile of grain) on Yom
ha'Kipurim is liable to Kares for having transgressed a prohibited Melachah
of Yom ha'Kipurim. Our Gemara states that the Tana of our Mishnah argues
with Rebbi Nechunya ben Hakanah, who rules that being liable to Kares
exempts a person from monetary restitution (Pesachim 29a, Kesuvos 30a),
according to the principle of Kam Lei bid'Rabah Minei (see below, entry
#19). Our Tana rules that even though the person is liable to Kares, he must
also make monetary restitution for the damages he caused.
11) [line 24] KENAS
(a) The laws of Kenasos (fines) are one category of Dinei Mamonos, laws of
monetary matters. Kenasos, which were only imposed by judges of Eretz
Yisrael who were Semuchin (ordained), are either a fixed sum of money or an
amount more than or less than the damage caused. It is not normal
compensation, which is termed "Mamon."
(b) In every case of Kenas, the guilty party does not have to pay the Kenas
if he admits to his liability of his own accord. Only if witnesses testify
to his guilt in court must he pay.
(c) Some examples of Kenas are: 1. Kefel and Arba'ah v'Chamishah (see above,
entry #7), 2. Payments of 50 Shekalim paid to the father of a Na'arah who
was raped or seduced (see above, entry #8), 3. The 100 Shekalim paid to the
father of a Na'arah whose husband was Motzi Shem Ra about her (see below,
entry #21), 4. The thirty Shekalim paid to the owner of a Kena'ani slave who
was killed by another person's bull (see Background to Bava Kama 42:9).
12a) [line 25] YAVO'U EDIM V'YA'IDU - [Rebbi Elazar b'Rebbi Shimon rules:]
Let the witnesses come and testify [even after the defendant admitted to his
guilt (which would normally have exempted him from the payment of Kenas --
see below, entry #14:d), but after the witnesses testify, he will be liable
to pay the Kenas (Bava Kama 75a). As such, testimony demanded for a claim of
Kenas can lead to a monetary claim and witnesses can become liable for
Shevu'as ha'Edus.
b) [line 26] MODEH BI'KENAS V'ACHAR KACH BA'U EDIM, PATUR - [the Rabanan
argue and rule that] a defendant who admits to his guilt is exempt from
paying Kenas, even if witnesses came afterwards
13) [line 27] V'RABANAN D'HASAM K'MAN SEVIRA LEHU? - and the Rabanan of that
[Sugya, i.e. Bava Kama 75a], to which opinion do they ascribe (with regard
to the question of Davar ha'Gorem l'Mamon k'Mamon Dami or not -- see Gemara
Daf 32a and Background to Shevuos 32:10)?
14) [line 36] PALGA NIZKA MAMONA / KENASA
(a) A bull that gores with its horns one or two times is called a Shor Tam.
The owner only pays half the value of the damages (Chatzi Nezek) that his
bull causes in this manner. In addition, the owner of the bull that causes
the damage never has to pay more than the value of the bull that damaged.
That is, payment for the damages is taken from the animal itself that caused
the damage ("mi'Gufo") (Shemos 21:35).
(b) If the bull gored three times or more, and the owner was informed and
warned to guard his bull each time, the bull is termed a Shor ha'Mu'ad. When
a Mu'ad causes damage, the owner must pay the full value of the damages
(Nezek Shalem) that his bull causes through goring, even if it is greater
than the value of the goring bull itself ("Min ha'Aliyah") (Shemos 21:36).
(c) The Amora'im (Bava Kama 15a) argue as to why the Torah decreed that the
owner of a Shor Tam pays Chatzi Nezek and not Nezek Shalem. One opinion
holds that by law he should pay Nezek Shalem because he did not guard his
bull properly, but the Torah was lenient (since the bull has not been proven
to be a harmful animal) and exempted him from half of the damages. According
to this opinion, Chatzi Nezek is "Mamona" (compensation) and not "Kenasa" (a
fine imposed by the Torah). The other opinion feels that by law the owner
should be entirely exempted from paying the first three times that his bull
causes damage, since bulls are relatively docile and do not have to be
constantly watched to prevent them from causing damage. Even so, the Torah
imposed upon him a fine of Chatzi Nezek, so that he should guard his bull
more carefully in the future. According to this opinion, Chatzi Nezek is
Kenasa and not Mamona.
(d) One of the ramifications that arises as a result of the argument as to
whether Chatzi Nezek is Mamona or Kenasa is when the owner of the bull
admits, without the testimony of witnesses, that his bull caused damage.
According to the opinion that maintains Palga Nizka Mamona, he must pay for
half of the damages. But the opinion that maintains Palga Nizka Kenasa rules
that he is exempt from payment since, a person does not have to pay Kenas if
he admits to his guilt of his own accord.
15) [line 38] CHATZI NEZEK TZEROROS
(a) If one's animal caused damage to another person's property in an
indirect manner -- that is, with the force of its body but without its body
coming into direct contact with the damaged item, such as by walking and
kicking up pebbles that -- through the ballistic action caused by the force
of the animal's body -- caused damage, the owner is obligated to pay
restitution for the damage.
(b) The Tana'im argue what the extent of the owner's liability is in such a
case (Bava Kama 17b). Sumchus maintains that he is obligated to pay for the
full damage (Nezek Shalem). The Rabanan maintain that there is a Halachah
l'Moshe mi'Sinai that the owner is obligated to pay for only half of the
damage (Chatzi Nezek). Both opinions rule that the payment for Tzeroros is
"Mamona" (compensation) and not "Kenasa" (a fine imposed by the Torah).
16) [line 38] HILCHESA GEMIRI LAH - we know this Halachah from the tradition
that Moshe received on Mount Sinai (Halachah l'Moshe mi'Sinai)
17) [line 40] KARNA - the principle, which is Mamona, i.e. a monetary claim
18a) [line 42] BOSHES
See above, entry #10:a:5. The Boshes payment is also Mamona.
b) [line 42] PEGAM
See above, entry #10:a:1. The Pegam payment is also Mamona.
19) [line 46] HAYAH OSEH YOM HA'KIPURIM K'SHABBOS - he would make Yom
ha'Kipurim similar to Shabbos (KAM LEI BID'RABAH MINEI - literally, "he
remains with the worse of the two," or, "a more severe punishment exempts
one from the less severe one")
(a) When one performs a single act from which he incurs two punishments, or
a punishment and a monetary liability, the more severe punishment exempts
the sinner from the less severe one. For example, one who stabs another to
death will not have to pay for the shirt that he tore while stabbing.
(b) This rule is only true if the two punishments, or the punishment and the
monetary liability are caused by a "single action." If one follows the
other, even by one second, the sinner *is* punished with both punishments.
The Gemara (Kesuvos 31a) questions what defines the difference between "a
single action" and different actions. According to one opinion, the entire
series of actions which define the more severe sin are considered a single
action with regard to Kam Lei bid'Rabah Minei.
(c) There are a number of situations in which this rule does not apply:
1. Rebbi Meir rules that it only applies to a death penalty. One who is
punishable with Malkus, though, is required to pay as well as to receive
Malkus. (Kesuvos 33b)
2. If one sins *b'Shogeg*, Kam Lei bid'Rabah Minei does not necessarily
apply (that is, since no actual punishment is executed, the potential
punishment does not exempt the sinner from monetary liability), as follows:
If the sin is one which warrants the death penalty, Rav Dimi holds that
Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Rabah Minei
applies, while Ravin says that they both agree that it applies. If the sin
is one which warrants Malkus, Rebbi Yochanan and Reish Lakish disagree
whether Kam Lei bid'Rabah Minei applies. (Kesuvos 34b-35a)
3. In certain cases, if the monetary liability is paid to a person other
than the victim, the sinner may be liable to pay even though he is also
punished with the death penalty or Malkus.
4. When the more severe punishment is Kares, there is an argument among the
Tana'im as to whether Kam Lei bid'Rabah Minei applies. Rebbi Nechunyah ben
Hakanah rules that it applies while the Chachamim argue.
20) [last line] MAH SHABBOS [MISCHAYEV B'NAFSHO U'FATUR MIN HA'TASHLUMIN, AF
YOM HA'KIPURIM MISCHAYEV B'NAFSHO U'FATUR MIN HA'TASHLUMIN] - just as in
[transgressing a prohibition of] Shabbos [one who is liable to the death
penalty is exempt from monetary compensation, so too, with regard to
[transgressing a prohibition of] Yom ha'Kipurim one who is liable to the
death penalty is exempt from monetary compensation]
33b---------------------------------------33b
21) [line 1] HOTZI ISH PELONI SHEM RA AL BITI (MOTZI SHEM RA)
If a man marries a Na'arah (a 12-year-old girl who has attained physical
maturity) who is a Besulah (a virgin who was never married in the past) and,
after the Chupah is performed, he falsely accuses her of committing adultery
and losing her virginity prior to the Chupah, he receives Malkus (lashes)
for his slanderous speech (Devarim 22:18). He must also give her father 100
Shekalim and never divorce her against her will (ibid. 22:19).
22) [line 9] BEN GERUSHAH / BEN CHALUTZAH - the son of a woman who was
prohibited to be married to a Kohen, rendering him a Chalal (CHALAL)
(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow
(Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to
Kidushin 77:17) or Chalalah. An ordinary Kohen (Hedyot) is permitted to
marry a widow, but not any of the other women listed above. The child from
one of the above-mentioned unions is invalidated from the Kehunah, and is
called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a
Chalutzah (see Background to Sanhedrin 18:2a), and made the children of a
Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Kohen who marries one of the women who are forbidden to him is liable
to Malkus (lashes) (RAMBAM Hilchos Isurei Bi'ah 17:2). The Kohen himself
does not become a Chalal as a result of the union (Rambam ibid. 19:1).
However, he may not perform the Avodah of the Beis ha'Mikdash until he makes
a vow not to marry these women again (and divorces the prohibited woman)
(Bechoros 45b, Rambam Hilchos Bi'as Mikdash 6:9).
(c) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well. As such, our
Gemara discusses the ramifications of a case where a Kohen Gadol is
discovered to have been a Chalal.
23) [line 13] SHE'CHAVAL BI CHAVEIRI; SHE'HIDLIK GADISHI B'SHABBOS
(a) See above, entry # 10.
(b) A person who wounds someone (or who burns a pile of grain) on Shabbos is
liable to the death penalty of Sekilah for having transgressed a prohibited
Melachah of Shabbos. All opinions rule that being liable to Sekilah exempts
a person from monetary restitution (Pesachim 29a, Kesuvos 30a), according to
the principle of Kam Lei bid'Rabah Minei (see above, entry #19).
24) [line 16] AD SHE'YISHME'U MI'PI HA'TOVE'A - until they hear [the
inducement to swear] from the plaintiff
25) [line 18] LO CHASVINAN URCHESA A'METALTELEI (URCHESA)
(a) An Urchesa is a document that a creditor gives to his agent granting his
agent the power to seize the possessions of a debtor for the creditor
(b) Neharda'ei rule that an Urchesa is not written for a claim of Metaltelin
(moveable items).
26a) [line 22] O'IN - verses that contain the word "O," "or," several times,
usually when items are listed
b) [line 35] "V'HAYAH CHI YE'SHAM L'ACHAS ME'ELEH [V'HISVADAH ASHER CHATA
ALEHA.]" - "And it shall be, when he shall be guilty in one of these things
(mentioned above, verses 1-4), [that he shall confess that he has sinned in
that thing.]" (Vayikra 5:5) - Rebbi Akiva uses this verse to teach a
Halachah of Shevu'as ha'Edus (see also, Background to Shevuos 32:3)
27) [line 37] DAVAR ACHER PATUR - for any other claim (besides a monetary
claim), the witnesses are exempt [from bringing a Korban]
28) [line 38] "V'HU ED O RA'AH O YADA" - "[And if a person sins, and hears
the demand (lit. the voice) for an oath,] and he is a witness, whether he
has seen or known of it, [if he does not testify, then he shall bear his
iniquity.]" (Vayikra 5:1)
29) [line 41] MANEH MANISI LECHA - I counted out one Maneh (100 Zuzim, one
Zuz at a time) for you
30) [line 44] MANEH HODEISAH LI - You admitted to me [that you owe me] one
Maneh (HODA'AH)
Hoda'ah is a legal declaration, made in front of witnesses, in which a
person admits that he owes a debt to a creditor.
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