BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Kesuvos 37
1) [line 3] DAYAH SHA'ATAH
(a) The Mishnah (Nidah 2a) discusses the case of a woman who finds Dam Nidah
(menstrual blood) during an internal check with a Bedikah-cloth. The
question in the Mishnah is whether we are to assume that the blood that was
found is fresh (Dayah Sha'atah) or whether it has been there for some time,
in which case the woman will be judged to be Temei'ah retroactively from the
time the blood reached the Bayis ha'Chitzon. Shamai rules that the Halachah
of Dayah Sha'atah applies for all women, whenever blood is found. Hillel
rules that menstrual blood is Metamei retroactively back to the last time
that the woman checked herself (mi'Pekidah l'Pekidah). Chachamim rule that
menstrual blood is Metamei retroactively back to the last time that the
woman checked herself *or* back 24 hours, whichever is less. The Halachah
(b) The Gemara (ibid. 3b) concludes that even according to those who judge
the woman to be Temei'ah retroactively, this is only a Chumra d'Rabanan with
regard to Terumah and Kodshim. With regard to making her husband and Chulin
Temei'im, and with regard to her status mid'Oraisa, she is Tehorah, since
she had a Chezkas Taharah.
(c) Certain women who clearly have stopped their regular cycle have a Din of
Dayah Sha'atah even according to Hillel and Chachamim (see Nidah 7a-11a).
Rebbi Elazar rules that if a woman misses three periods, her status is Dayah
Sha'atah, and any blood that she sees is not judged Tamei retroactively.
2) [line 4] METAM'AH ME'ES L'ES UMI'PEKIDAH L'PEKIDAH - we consider her to
be Temei'ah retroactively back to her last Bedikah or for the last 24 hours,
whichever is the lesser amount of time
3) [line 16] MESHAMESHES B'MOCH - has relations using cloths to prevent her
from becoming pregnant
4) [line 17] MENATRAH NAFSHAH - she guards herself [and makes sure that she
does not become pregnant]
5) [line 19] YOTZ'AH B'SHEN V'AYIN
If the owner of a Nochri slave wounds him by knocking out an eye or a
permanent tooth, the slave becomes entitled to a Get Shichrur (a document of
release) with which he goes free (Shemos 21:26-27).
6) [line 20] KOL MIMELA - all cases that happen in an unpredictable or
7) [line 25] MIS'HAPECHES - turns over (in such a way that prevents an
8) [line 11] IR MIKLATO - His City of Refuge
(a) A person who murders intentionally after having been previously warned
is liable to the death penalty. A person who murders unintentionally is
exempt from the death penalty, but is punished with Galus (exile).
(b) When it is proven that a person killed unintentionally, he is exiled to
one of the six Arei Miklat (Cities of Refuge) or one of the forty-two cities
of the Leviyim. He must stay there and not leave the city or its Techum for
any reason whatsoever until the death of the Kohen Gadol who served at the
time that he was sentenced to Galus.
(c) If the unintentional murderer leaves his City of Refuge, the Go'el
ha'Dam (the closest relative of the murdered person) is permitted to avenge
the death of his relative and kill the murderer.
9) [line 20] NIS'ARFAH EGLAH (EGLAH ARUFAH)
(a) If a Jew is found murdered in a field (in Israel) and it is not known
who the murderer is, the Torah requires that an Eglah Arufah be brought in
order to atone for the blood that was spilled (Devarim 21:1).
(b) Five elders of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme
Court) measure the distance between the dead body and the cities around it
to determine which city is closest to it.
(c) The elders of the city that is closest to the corpse must bring a female
calf that has never been worked to a Nachal Eisan (a swiftly flowing
stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI).
They strike it on the back of its neck (Arifah) with a cleaver, severing its
spinal column, gullet and windpipe.
(d) The elders of the closest city then wash their hands there and say, "Our
hands have not spilled this blood, and our eyes did not see [the murder]."
(Devarim 21:7) This includes a proclamation that the dead man was not sent
away from the city without the proper food for his journey or the proper
accompaniment. The Kohanim that are present say, "Atone for Your people
Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for]
innocent blood in the midst of Your people Yisrael" (ibid. 21:8). After this
procedure, HaSh-m will grant atonement for the innocent blood that was
spilled (RAMBAM Hilchos Rotze'ach 9:3).
10) [line 24] SAYIF (ARBA MISOS BEIS DIN)
(a) Arba Misos Beis Din, the four death penalties administered by Beis Din,
in their order of stringency are:
1. Sekilah (stoning)
(b) According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin
49b), the order of their stringency is Sefreifah, Sekilah, Hereg and Chenek.
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)
(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.
11) [line 28] KOFITZ - a cleaver
12) [line 29] MI'MUL OREF - on the back of the neck
13) [line 32] "KOL CHEREM ASHER YACHORAM MIN HA'ADAM LO YIPADEH..." - "Any
condemned person who is doomed to death shall not be redeemed; [but shall
surely be put to death.]" (Vayikra 27:29) - Our Gemara explains that this
verse refers to a someone who pledges to Hekdesh the endowment value (see
next entry) of a person liable to the death penalty. The verse teaches that
the pledge is meaningless.
14) [line 34] ERKO ALAI (ERCHIN)
Erech (= endowment valuation) refers to a special form of vow. If a person
declares, "Erech Ploni Alay" ("I accept upon myself to give the endowment
value of so-and-so to Hekdesh"), he must give the specific value that the
Torah designates for the person's gender and age group as stated in Vayikra
27:1-8. It makes no difference at all whether the person is healthy or sick,
strong or weak.
THE "ERECH" THAT THE TORAH SPECIFIES IN VAYIKRA 27
|1 Mo. - 5 Yrs.
|| 5 Shekels
|| 3 Shekels
|5 - 20 Yrs.
|| 20 Shekels
|| 10 Shekels
|20 - 60 Yrs.
|| 50 Shekels
|| 30 Shekels
|Over 60 Yrs.
|| 15 Shekels
|| 10 Shekels
15) [line 43] IM KOFER YUSHAS ALAV (CHIYUV KOFER)
(a) SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The
owner only pays half the value of the damages that his ox causes through
goring. If the ox gored three times and the owner was informed and warned to
guard his ox each time, the ox is termed a Mu'ad and from then on the owner
has to pay the full value of the damages that his ox causes through goring.
(b) CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the
owner of the ox is Chayav Misah b'Yedei Shamayim. He can *redeem* himself by
paying Kofer to the children or heirs of the dead man, as the verse states,
"v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho." (Shemos 21:30). The amount
paid as Kofer is defined as either the owner's value, or the dead man's
value, according to the various opinions of the Tana'im (Makos 2b). If the
ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's
(c) CHATZI KOFER - Although the owner of a Shor Tam pays half of the damages
that it causes, the Tana'im argue as to whether he must pay half of the
Kofer if his ox kills a person. Rebbi Eliezer learns that he does not from
the verse, "u'Ba'al ha'Shor Naki." (Bava Kama 41b). Rabbi Yosi ha'Gelili
argues, ruling that there is a liability for Chatzi Kofer (Keuvos 41b).
16) [line 44] SHE'LO NITNAH SHIGEGASAN L'CHAPARAH - where the exact same
action done unintentionally does not incur any liability to a Korban or to
exile or to any other forms of punishment