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1) A SENTENCED COW THAT BECAME MIXED UP (cont.)

(a) Answer #3 (Rava): The Mishnah teaches, if two people were standing together and one of them shot an arrow (the witnesses did not see which) and it killed someone, both are exempt;

1. R. Yosi says (in a Beraisa), this applies even if Aba Chalifta was one of the two (and surely, the other shot the arrow)!

(b) (The Mishnah continues) If a sentenced ox was mixed with regular oxen, we stone all of them;
(c) R. Yehudah says, we put them in Kipah.
(d) Support (for Rava - Beraisa): If a cow gored and gave birth before it was sentenced, the calf is permitted;

1. If it gave birth after it was sentenced, it is forbidden to benefit from the calf;
2. If the cow became mixed with other cows, and those became mixed with other cows, we put all of them in Kipah;
3. R. Elazar b'Rebbi Shimon says, Beis Din stones them.

(e) (Beraisa): If a cow gored and gave birth before it was sentenced, the calf is permitted.
(f) Inference: This is even if the cow was pregnant with the calf at the time of the goring!
(g) Question: But Rava taught, the calf of a cow that gored is forbidden (to be a Korban if) it (was inside at the time and its weight) participated in the goring;

1. If a man was Rove'a a cow, the calf is forbidden, it was also party to the bestiality!

(h) Answer #1 - Correction (Beraisa): Rather, if a cow gored, became pregnant and gave birth before it was sentenced, the calf is permitted.

1. If it became pregnant and gave birth after it was sentenced, the calf is forbidden.

(i) Question: This is according to the opinion that Zeh v'Zeh Gorem (if something results from two (or more) causes, and one of the causes is forbidden, the result) is forbidden (here, the calf's mother is forbidden, its father is permitted);

1. But according to the opinion that Zeh v'Zeh Gorem is permitted, how can we answer?

(j) Answer #2 (Ravina): Rather, we correct the Beraisa to say:

1. If a cow gored, became pregnant and gave birth before it was sentenced, the calf is permitted.
2. If it gored, became pregnant, was sentenced and then gave birth, the calf is forbidden - a fetus is considered part of its mother (so it was sentenced with its mother).

(a) (Mishnah): If people sentenced...(they all receive the lightest Misah).
(b) Inference: This teaches that being warned for a severe Misah includes warning for lighter Misos (therefore, we can give a lighter Misah).
(c) Rejection (R. Yirmeyah): No, the case is, they were not warned about any particular Misah; the Mishnah is not like R. Yehudah:

1. (Beraisa): For all other capital transgressions (except for Mesis, who need not be warned), one is killed only through a Sanhedrin, witnesses and warning, and if they told him that he is Chayav Misah;
2. R. Yehudah says, they must tell him which Misah.

(d) The first Tana learns from the Mekoshesh (even though he was not warned which Misah he would receive (even Moshe did not know until he asked Hash-m), he was killed);

1. R. Yehudah says, he was killed according to Hora'as Sha'ah (letter of the law he was exempt because he was not warned which Misah he would receive).

(e) (Mishnah - R. Shimon): If people sentenced to be stoned became mixed...
(f) Rav Yechezkeil was teaching (his text of) our Mishnah to his son Rami:

1. If people sentenced to be burned became mixed with people sentenced to be stoned...
2. Rav Yehudah (Rami's brother): Father, do not teach that text - it connotes that the majority were sentenced to be stoned, we would stone them even if stoning was not more lenient (but equal to burning)!
3. Rav Yechezkeil: Should I teach 'If people sentenced to be stoned became mixed with people sentenced to be burned, R. Shimon says that we stone them, for this is more lenient'?

i. If so, the end of the Mishnah must say 'Chachamim say, we burn them, for this is more lenient';
ii. Since the majority were sentenced to be burned, we would burn them even if burning was not more lenient! (This text is equally problematic!)

4. Rav Yehudah: This is not problematic - Chachamim did not say that burning is more lenient to explain their law, rather, to argue with R. Shimon who said that stoning is more lenient.

(g) Shmuel (to Rav Yehudah): Do not speak that way to your father!

1. (Beraisa): If one sees his father transgress a Torah law, he should not say 'Father, you transgressed' (for this will embarrass him) - rather, he should ask 'Father, is this what the Torah says?!''
2. Objection: This is equally embarrassing!
3. Correction: Rather, he should say 'Father, the Torah says...' (the father will understand by himself that he transgressed).