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Sanhedrin 77

1) [line 4] AVUHA D'ABA - my father's father (Rav Acha bar Rav was the grandfather of Rav Mesharsheya)

2) [line 7] KAFATO - he tied him up

(a) There are two manners of causing indirect damage. The less direct manner is known as "Gerama," for which even Rebbi Meir (Kesuvos 86a) does *not* hold a person liable. The more direct manner is known as "Garmi," for which Rebbi Meir holds a person liable. (The Rishonim argue as to the definition of "more direct.")
(b) A person who ties up another person who then dies of hunger is considered to have killed the victim in an indirect manner, and is not liable for murder and cannot be punished in Beis Din. However, he is Chayav bi'Ydei Shamayim for his evil act.

4a) [line 8] CHAMAH - the sun
b) [line 8] TZINAH - the cold
5a) [line 9] SOF CHAMAH LAVO - the sun eventually will come
b) [line 9] SOF TZINAH LAVO - the cold eventually will come
6) [line 11] YITUSHIN - mosquitoes
7) [line 12] HANEI AZLEI, V'HANEI ASU - these [mosquitoes] left, and these [other mosquitoes] came

8) [line 13] KAFAH ALAV GIGIS - he overturned a barrel upon him (and he died of asphyxiation due to lack of oxygen)

9) [line 13] PARA ALAV MA'AZIVAH - [or] he removed a wall [while his victim was sleeping, and the victim died of the cold that then enterred]

10) [line 18] D'AILEI L'CHAVREI - who brought up his fellow man
11) [line 18] BEISA D'SHISHA - [to] a house of marble (with no ventilation)
12) [line 18] ADLIK LEI SHERAGA - he lit a candle
13) [last line] LO MASCHIL HEVLA B'SHA'ATEI - the lack of oxygen (that eventually caused the victim's death) did not begin at that moment


14) [line 2] SIMAN SULAM TERIS SAMANIN B'KOSEL - this is a mnemonic device for remembering the four statements of Rava that follow:

  1. *Sulam* refers to "Dachfo l'Vor *v'Sulam* b'Vor" (line 3)
  2. *Teris* refers to "Zarak Chetz *v'Teris* b'Yado" (line 6)
  3. *Samanin* refers to "Zarak Bo Chetz *v'Samanin* b'Yado" (line 9)
  4. *b'Kosel* refers to "Zarak Tzeror *b'Kosel*" (line 15)
15) [line 3] SULAM - a ladder
16) [line] V'AFILU HU KADAM V'SILKO - even if he (the killer) removed it (the ladder) before [the victim fell to the bottom of the pit]. Rashi explains that even if the killer removed the ladder before the victim's fall was finished (and thus at the time that he landed, there was no ladder in the Bor), the killer is still exempt.

17) [line 5] B'IDNA D'SHADYEI - at the moment that he pushed him
18a) [line 6] CHETZ - an arrow
b) [line 6] TERIS - a shield
19) [line 8] MIFSAK PISKEI GIREI - his arrows were [going to be] stopped
20) [line 9] SAMANIN - medicinal herbs and potions
21) [line 10] PIZRAN - he spilled them
22) [line 12] AFILU SAMANIN BA'SHUK - even if the medicines were readily available in the marketplace (at the time the arrow was shot)

23) [line 13] NIZDAMNU LO SAMANIN - medicines became available to him (after he was wounded, but he did not take advantage of them and use them to heal himself)

24) [line 14] HAREI YATZA MI'BEIS DIN ZAKAI - he (the killer) already left the court exonerated (since, before he was indicted for murder, he found a claim to exonerate him by saying that the victim could have used the medicines that became available to him but he did not use them)

25) [line 15] TZEROR - a rock
26) [line 16] TANA TUNA - (a) our Tana (the Tana of our Mishnah) taught; (b) it has been taught (IGERES RAV SHERIRA GA'ON)

27) [line 16] KEGON ELU HA'MESACHAKIN B'KADUR - like these who play with a ball. Rashi explains that the game involves throwing a ball against a wall with force to make it bounce off and go as far as possible. The thrower then runs away from the person retrieving the ball, who must then try to hit the thrower with the ball. The rules of the game limit the movement of the players once the ball has been retrieved. The thrower must stop running away, and the retriever may not move from his place, but rather he must try to hit the thrower with the ball from where he is standing. This is why the thrower wants the ball to go as far away as possible, so that he will be farther away from his opponent's throw (see ARUCH LA'NER).

28) [line 18] B'SHOGEG GOLIN - if they killed unintentionally, they go into exile (GALUS / AREI MIKLAT)
(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 (banishment, exile).
(b) When it is proven that a person killed unintentionally, he is banished 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 banishment.
(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.

29) [line 19] HASRA'AS SAFEK HI - it is a warning that is in doubt
(a) If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty or lashes for doing it," or something to that effect. If the warning is, "Abstain, because this action *might be* prohibited ...," it is called Hasra'as Safek. If it turns out that a transgression was done, the Amora'im argue as to whether Malkos may be administered.
(b) For example, witnesses warn a person who was slaughtering a Korban Pesach, "Do not slaughter that Korban, since you may own Chametz." Even if he did possess Chametz at the time, he does not receive Malkos according to the opinion that Hasra'as Safek is not a Hasra'ah, since the witnesses did not warn him that he *was* about to transgress a prohibition; rather, they warned him that he *might* transgress a prohibition.

30a) [line 24] IY D'KA NICHA LEI - if it is pleasing to him [that the ball fell where it fell]
b) [line 25] AFILU PURTA NAMI - even if [the ball falls] less [than four Amos away, he should] also [be Chayav]

31a) [line 25] IY D'LO NICHA LEI - if it is not pleasing to him [that the ball fell where it fell]
b) [line 26] AFILU TUVA NAMI LO - even if [the ball falls] a lot more [than four Amos away, he should] also not [be Chayav]

32) [line 27] KAMAH D'AILI TEFI - the farther that it (the ball) goes
33) [line 28] b - the more pleasing to him (because of the reason described above in entry #27)

34) [line 29] HA'MEKADESH - one who sanctifies the Mei Chatas with the ashes of the Parah Adumah for use for purification (MEI CHATAS / EFER CHATAS)
(a) The Parah Adumah, an exclusively red-haired female cow is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov branches and a piece of crimson wool are thrown into the carcass of the cow while it is burning. (Bamidbar 19:1-22)
(b) If a person (or utensil) became Tamei through touching Tum'as Mes or being in the same room as a Mes or something that is Metamei b'Ohel, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)

35) [line 29] KIDUSH - the sanctified ashes placed in the Mei Chatas
36) [line 30] HA'TZAD - [the ashes fell on to] the side [of the vessel holding the water]

37) [line 30] SHOKES - a water trough
38) [line 31] B'SHOSES - (O.F. coler) it dripped [by itself]
39) [line 32] MACHAT - a needle
40) [line 32] HA'CHERES - a piece of earthenware
41) [line 32] HIZAH ALEHA - and he sprinkled [the Mei Chatas (see above, entry #34b)] upon it (on the piece of earthenware, missing his intended target, the needle)

42) [line 34] U'MITZAH ALEHA - and [the Mei Chatas then] splashed [from the earthenware] onto it

43) [line 35] MATZA ITMAR - it was taught instead that "he found" [the Mei Chatas on the needle, and it is unclear whether it got there as a result of the force of his action, or whether it flowed from the piece of earthenware onto the needle]

44) [line 36] D'CHAFTEI L'CHAVREI - who tied up his fellow man
45) [line 37] V'ASHKIL ALEI BIDKA D'MAYA - and he (the killer) released upon him (the victim) a flood of water

46a) [line 38] KO'ACH RISHON - primary force (that is, as a direct result of the killer's removal of the barrier from in front of the water, the initial surge of water fell upon the victim and killed him)
b) [line 38] KO'ACH SHENI - secondary force (that is, when the killer removed the barrier from in front of the water, the initial surge of water did not fall on the victim, but rather it had travel some distance before it reached him)

47) [line 39] GERAMA B'ALMA HU - it is only an indirect cause [of death] (see above, entry #3)

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