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1) MUST ONE STOP A MINOR OR DEAF PERSON FROM SINNING?

(a) R. Pedas: Get children to play there - if they find the keys, they will bring them.

1. He holds, Beis Din need not stop a child eating forbidden food.

(b) Suggestion: The coming Beraisa supports him.

1. (Beraisa): A man should not tell a child, bring me a key, bring me a seal - but he may allow the child to uproot or throw things.

(c) Rejection (Abaye): The case is, he is uprooting from a flowerpot without holes, he is throwing in a Karmelis (a domain in which throwing is forbidden mid'Rabanan).
(d) Question (Beraisa): If a Nochri comes to extinguish a fire, we neither tell him 'extinguish' nor 'don't extinguish', since we are not commanded about his rest;

1. If a child comes to extinguish, we tell him 'don't extinguish', since we are commanded to see to it that he rest on Shabbos.

(e) Answer (R. Yochanan): The case is, the child comes to extinguish because the father wants this.
(f) Question: If so - by the Nochri, he does this because the Yisrael wants him to - but this is forbidden!
(g) Answer: A Nochri acts in his own interest.
(h) Support (Beraisa): The son of a Chaver (one trustworthy regarding Ma'aser) that often goes to his mother's father's house - we are not concerned that they will feed him Tevel (untithed produce); if the father finds fruit in his hand, he is not responsible.
(i) Rejection (R. Yochanan): This is no support - we are more lenient by doubtfully tithed produce.

1. This implies - if it was definitely Tevel, he would have to Ma'aser it!
2. Contradiction: Above, R. Yochanan answered, he acts on his father's volition - he holds, Beis Din need not stop minors!
3. Answer: R. Yochanan is in doubt what is the law - he rejects the proof for either position.

(j) Support (Beraisa): The son of a Kohen Chaver (that is reliable regarding Taharah) that often goes to his mother's father's house (who is not a Chaver) - we are not concerned that they will feed him Tamei Terumah; if the father finds fruit in his hand, he is not responsible.
(k) Rejection: This is no support - the Beraisa speaks of Terumah mid'Rabanan.
(l) Support (Beraisa): A child may nurse from a Nochris, or a Tamei animal, and we are not concerned that this is like nursing from a Tamei reptile; one may not feed the child from an unslaughtered or Treifah animal or from reptiles;

1. The child may nurse from them even on Shabbos; an adult may not nurse;
2. Aba Sha'ul says, we used to nurse from Tahor animals on Yom Tov.
3. The Beraisa says, we are not concerned that this is like nursing from a Tamei reptile!

(m) Rejection: It is permitted because the child is in danger if he does not nurse.
(n) Question: If so, it should be permitted even for an adult!
(o) Answer: An adult is forbidden until we make an evaluation that he is in danger.
(p) Question: A child should also need an evaluation!
(q) Answer (Rav Huna Brei d'Rav Yehoshua): A child is assumed to be in danger if he lacks milk.

(a) (Beraisa): Aba Sha'ul says, we used to nurse from Tahor animals on Yom Tov.
(b) Question: What is the case?

1. Suggestion: If there is a danger - it should be permitted even on Shabbos!
2. Suggestion: If there is no danger - it should be forbidden even on Yom Tov!

(c) Answer: The case is, they were in pain. He holds, nursing is Mefarek (extracting) in an unusual manner, which is only forbidden mid'Rabanan.

1. One who does skilled labor on Shabbos is liable to stoning, on Shabbos. Therefore the Chachamim decreed that he not nurse even in an unusual manner on Shabbos (even though he is in pain).
2. Skilled labor on Yom Tov is Chayavei Lavin - on Yom Tov, this decree was not made for one in pain.

(d) Question (Beraisa): "Do not Tochlum (eat them (reptiles))" - read this, Do not Tochilum (feed them), to warn adults regarding children.

1. Suggestion: One must tell children not to eat!

(e) Answer: No, it teaches that one may not give them to children to eat.
(f) Question (Beraisa): "Every soul among you will not eat blood" - this warns adults regarding children.

1. Suggestion: One must tell children not to eat!

(g) Answer: No, it teaches that one may not give blood to children to eat.
(h) Question (Beraisa): "Say"; it also says, "You will tell" - to warn adults regarding children.

1. Suggestion: One must tell children (Kohanim) not to become Tamei!

(i) Answer: No, it teaches that one may not make them Tamei.
(j) All 3 verses are needed.

1. Had the Torah only taught regarding reptiles - we would say that this is because the prohibition applies to an arbitrarily small amount (if it is a full creature); but one is not liable for eating less than a Revi'is of blood, and adults may feed blood to children.
2. Had the Torah only taught regarding blood - but we would say that this is because blood is Chaivei Krisus; but adults may feed reptiles to children.
3. Had the Torah only taught these 2 - we would say that this is because the prohibition applies to everyone; but by Tumah, which only applies to Kohanim, adults may make children Tamei.
4. Had the Torah only taught Tumah - we would say this only applies there, since the Torah gave extra laws to Kohanim; but by Mitzvos which applies to everyone, adults may give forbidden things to children.

(k) Question (Mishnah): 2 brothers, 1 deaf and 1 healthy, are married to 2 healthy sisters. The deaf brother died - his wife is exempt from Chalitzah and Yibum, she is the Yavam's wife's sister.

1. If the healthy brother died, the deaf brother must divorce his wife, and the Yevamah is forbidden forever.
2. Why must he divorce his wife - let them stay married!

i. If we need not stop a minor from eating forbidden food - we need not stop a deaf man from having forbidden relations!

(l) Answer: He must divorce her, because she is forbidden to him, and she is healthy.
(m) Question (Mishnah): 2 healthy brothers are married to 2 sisters, 1 deaf and 1 healthy. The husband of the deaf sister died - his wife is exempt from Chalitzah and Yibum, she is the Yavam's wife's sister;

1. If the husband of the healthy sister died, the Yavam must divorce his wife, and the Yevamah does Chalitzah.
2. Why must he divorce his wife - let them stay married!

i. We may leave her to have forbidden relations, just as we need not stop a minor from eating forbidden food!

(n) Answer: He must divorce her, because he is forbidden to her, and he is healthy.
(o) 2 brothers, 1 deaf and 1 healthy, are married to 2 sisters, 1 deaf and 1 healthy. The deaf brother, married to the deaf woman died - his wife is exempt from Chalitzah and Yibum, she is the Yavam's wife's sister.

1. If the healthy brother, married to the healthy woman died, the deaf brother must divorce his wife, and the Yevamah is forbidden forever.
2. Here, why must he divorce her - they are both deaf!

(p) Answer (Rav Shemayah): This is a decree lest people (who do not realize that they may stay married because they are exempt from Mitzvos) will think that their marriage dispels Zikah, and will permit the Tzarah to marry a stranger.

3) WHEN 1 WITNESS IS NOT BELIEVED TO SAY THAT A MAN DIED

(a) (Mishnah): A woman went with her husband overseas; they were at peace, and there was peace in the world. She returned and said that her husband died - she may remarry (or do Yibum, if he had no children);
(b) If she was at peace with her husband, but there was war in the world; or, she was quarreling with her husband, and there was peace in the world - she is not believed to sat that her husband died;
(c) R. Yehudah says, the only time she is believed is if she returns crying, and her clothes are torn;

1. Chachamim: Whether or not she is crying and has torn clothes, she is believed.

(d) (Gemara): We taught 'they were at peace' on account of the case that they were quarreling; we taught 'there was peace in the world' on account of the case that they was war in the world.
(e) Question (Rava): Why is she not believed when there is war in the world?
(f) Answer (Rava): She will testify based on estimation.

1. She thinks - everyone is getting killed - will he really be saved?!
2. Even if you will say, since she is at peace with her husband, she will wait until she sees that he is killed - sometimes, he is hit with an arrow or spear, and she is sure that he will die.

i. She doesn't know that such wounds can be bandaged, and he can live.

(g) (Rava): Famine is not like war - she would not testify from estimation.
(h) Retraction (Rava): Famine is as war.

1. A woman came before Rava; she said that her husband died from hunger.
2. Rava: You were wise to leave in time to save yourself - of course, he couldn't survive on the drop of flour remaining.
3. The woman: I see, you also know that people cannot survive in such circumstances!

(i) Retraction (Rava): Famine is worse than war!

1. In wartime, if she says that he died in war, she is not believed - but if she says that he died on his bed, she is believed.
2. In famine, she is not believed unless she says that she buried him.

(j) When houses cave in - this is as wartime, she testifies by estimation.
(k) When snakes and scorpions are rampant - this is as wartime, she testifies by estimation.
(l) Pestilence - some say, this is as wartime, she testifies by estimation;

1. Others say, it is not as wartime - she relies on what people say - 'There can be 7 years of pestilence, and a man does not die before his time'.

(m) Question: If she informed us that there is war in the world - what is the law?

1. Do we say - why should she lie - she could have said, there is peace in the world!