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Kesuvos 30
1) [line 12] MISCHAYEV B'NAFSHO U'PATUR MIN HA'TASHLUMIN ("Kim Lei b'd'Raba
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 because of 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 a second, the sinner *is* punished with both punishments. The
Gemara 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 b'd'Raba Minei. (Kesuvos 31a)
(c) There are a number of situations in which this rule does not apply:
1. Rebbi Meir holds that it only applies to a death penalty. One who is
punishable with Malkos, though, is required to pay as well as to receive
Malkos. (Kesuvos 33b)
2. If one sins *b'Shogeg*, Kam Lei b'd'Raba Minei does not necessarily apply
(that is, since no actual punishment is executed, the potential punishment
does not exempt the sinner from monetary liability). If the sin is one which
warrants the death penalty, Rav Dimi holds that Rebbi Yochanan and Reish
Lakish disagree whether Kam Lei b'd'Raba Minei applies. If the sin is one
which warrants Malkos, all Amora'im agree that Rebbi Yochanan and Reish
Lakish disagree whether Kam Lei b'd'Raba 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 Malkos.
2) [line 20] TZINIM U'FACHIM - chills and fever
3) [line 22] AZHAR - warned
4) [line 26] IKESH - fooled
5) [line 29] ARBA MISOS
(a) Arba Misos Beis Din, the four death penalties administered by Beis Din,
in their order of stringency are:
1. Sekilah (stoning)
2. Sereifah (burning with molten lead, which is poured down the throat)
3. Hereg (killing with a sword) (Sefer ha'Chinuch #50)
4. Chenek (strangulation) (Sefer ha'Chinuch #47)
(b) According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin
49b), the order of their stringency is Sefreifah, Sekilah, Hereg and Chenek.
(c) If a person commits two capital offences, he is put to death with the
more stringent of the two. If a number of people were sentenced to die
through different death penalties, and it is not known which sentence was
passed upon which person, Beis Din administers to all of them the least
stringent of the death penalties to which they were sentenced.
(d) Chazal instituted a practice of burying people who were sentenced to
capital punishment in two different cemeteries: one for those who were put
to death by Sekilah and Sereifah and one for those who were put to death by
Hereg and Chenek.
30b---------------------------------------30b
6) [line 2] DORASTO - tramples him to death
7) [line 4] MAKISHO - bites him
8) [line 6] SERUNCHI - (O.F. bon malant) quinsy, a severe development of
heat, pain, redness and swelling in the throat
9) [line 16] ZAR SHE'ACHAL TERUMAH - a non-Kohen who ate Terumah
ZAR SHE'ACHAL TERUMAH (TASHLUMEI TERUMAH)
(a) After a crop is harvested and brought to the owner's house or yard, the
owner must separate Terumah from the crop, which he gives to a Kohen.
Kohanim and members of their households are allowed to eat Terumah, as long
as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must
replace what he ate in the form of a food that becomes Terumah (Tashlumei
Terumah). He returns the amount of Terumah that he ate to the Kohen who
owned the Terumah (see Insights to the Daf, Pesachim 32). In addition, he is
fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the
value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2),
and is not necessarily given to the Kohen who owned the Terumah that was
eaten.
(c) If the person ate Terumah in an abnormal fashion, such as by drinking
olive oil, he only pays the value of the Terumah that was destroyed (i.e.
the normal Halachah of damages applies to him, and not the laws of Tashlumei
Terumah).
(d) A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally)
pays the value of the Terumah destroyed (i.e. the normal Halachah of damages
applies to him, and not Tashlumei Terumah), and incurs the punishment of
Misah b'Yedei Shamayim (Sanhedrin 83a).
10) [line 19] CHELBO (CHELEV)
(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach.
It consists of the layer of fat covering the stomachs, all the other fat
attached to the stomachs, and the fat on the kidneys along the flanks
(Vayikra 3:4).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (domesticated
animal), but it may be used for any other purpose. The Chelev of a Chayah (a
Kosher wild animal), however, may even be eaten. "Shuman" refers to all the
other fat of an animal that is permitted.
(c) If a person eats Chelev b'Mezid, he is Chayav Kares; b'Shogeg he must
bring a Korban Chatas. If a person is in doubt whether the fat he ate was
Chelev or Shuman, he must bring a Korban Asham Taluy.
11) [line 21] DEME'IDNA D'AGBEI KANYEI - from the time that he lifted it, he
acquired it
12) [line 25] SHE'TACHAV LO CHAVEIRO L'SOCH PIV - his friend stuck it into
his mouth
13) [line 26] KEIVAN D'LA'ASEI KANYEI - when he chewed it, he acquired it
14) [line 28] BEIS HA'BELI'AH - the throat
15) [line 28] D'MATZI L'AHADURAH - he is able to bring it back into his
mouth (and spit it out)
16) [line 30] D'MATZI L'AHADURAH AL YEDEI HA'DECHAK - he is able to bring it
back into his mouth with great difficulty
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