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1) FOR WHICH WOMEN IS THERE A FINE

(a) Answer: They differ by Chaivei Asei, such as Mitzri or Edomite women (marriage takes effect, but is prohibited).

1. This answer works if R. Yeshevav only came to argue on R. Simai.

(b) Question: If R. Yeshevav said an independent statement, even Chaivei Asei produce Mamzerim, and marriage does not take effect - what is the difference between Shimon ha'Teimani and R. Shimon Ben Menasiya?
(c) Answer: A Kohen Gadol that marries a non-virgin.
(d) Question: Why is this different than other Chaivei Asei?
(e) Answer: This prohibition does not apply to everyone.

(a) (Rav Chisda): All agree that a man that rapes a Nidah pays a fine.

1. Marriage takes effect with her; relations are permitted (once she becomes pure).
2. Rav Chisda comes to exclude the opinion of R. Nechunya Ben ha'Kanah.

(b) (Beraisa - R. Nechunya Ben ha'Kanah): Yom Kipur is as Shabbos regarding paying for damage done while performing Melachah (forbidden labor).

1. Just as on Shabbos, since he is liable to death for the Melachah, he is exempt from payment - so, too for Yom Kipur.

(c) Question: Why does he learn this way?
(d) Answer #1 (Abaye): The word Ason (fatality) is used by acts of man (men fighting), and by acts of Heaven (Yakov's concern for Binyamin).

1. Just as one is exempt for paying for what made one liable for death at the hands of man, he is exempt for paying for what made him liable for death at the hands of Heaven.

(e) Question (Rav Ada Bar Ahavah): Why must we say that Ason written by Yakov refers to colds and heatstroke, acts of Heaven - perhaps it refers to thieves and lions, acts of man!
(f) Answer: Yakov was certainly concerned for both!
(g) Question #1: Are colds and heatstroke really in the hands of Heaven?

1. (Beraisa): All is in the hands of Heaven, except for colds and heatstroke!

(h) Question #2: Are lions and thieves really in the hands of man?

1. (Rav Yosef): After the Churban of the Beis ha'Mikdash, even though the Sanhedrin ceased, the 4 death penalties did not cease.
2. Question: They did cease!

3. Answer: The penalties still are meted out.

i. Someone who was worthy of stoning (which starts with falling to the ground) falls off a roof or is trampled by an animal.
ii. Someone who was worthy of burning falls into a fire or is bitten by a snake.
iii. Someone who was worthy of death by the sword is killed by the government or robbers.
iv. Someone who was worthy of strangulation drowns or dies of croup.

(i) Answer (to 2:g and 2:h): Rather, lions and thieves are in the hands of Heaven, colds and heatstroke are in the hands of man.
(j) Answer #2 (to 2:c - Rava): R. Nechunya Ben ha'Kanah learns from "If people will ignore (and not execute) ... one who gives his seed to Molech ... I will give him Kares".

1. Kares from Hash-m is like our death penalties. Just as our death penalties exempt from payment, so, too, Kares.

(k) Question: What is the difference between Rava and Abaye?
(l) Answer: A non-Kohen who eats Terumah (which is punishable by death at the hands of Heaven, but not Kares).

1. According to Abaye, he is exempt; Rava says, he must pay.

(m) Question: Does Abaye really say that he is exempt?

1. (Rav Chisda): R. Nechunya Ben ha'Kanah admits that if one eats someone else's Chelev, he must pay!

i. When he picked it up, he got the law of a thief, and was responsible for returning it; the exemption for one who transgresses a prohibition with Kares does not apply until he eats it.
ii. Also in our case, he is liable for the Terumah once he picks it up; he is liable to die at the hands of Heaven only when he eats it!

(n) Answer #1: The case is, someone else put the Terumah in his mouth (he himself didn't pick it up).

1. Objection: Still, he is liable for it once he chews it, but is not liable to die until he swallows it!
2. Answer: It was stuck down his throat.
3. Question: How far down was it stuck?

i. Suggestion #1: If he could have spit it out - he should have (and must pay for not having done so)!
ii. Suggestion #2: If he could not spit it out - why is he liable to die (he had no choice)!

4. Answer: He could have spit it out with great difficulty.

(o) Answer #2 (Rav Papa): Someone else put liquids of Terumah in his mouth.
(p) Answer #3 (Rav Ashi): The case is, a non-Kohen ate his own Terumah, and tore someone else's silk at the same time.