deuteronomy

What is the reason of Rebbi Yishmael? The Torah says (Deuteronomy 28, 58), "If you do not guard yourself to perform all of these laws" and (Deuteronomy 28, 59) "And G-d make wondrous (הפלאה) your plagues" I do not know what this word "הפלאה" means. But when the Torah elsewhere says (Deuteronomy 25, 2) "And the judge should cast him down and hit him before his face", then I must say that this word "הפלאה" means malkus. And the Torah said over there (Deuteronomy 28, 58), "If you do not guard yourself to perform all etc.". [showing that all prohibitions are punishable with malkus.]

What is the reason of Rebbi Yishmael? The Torah says (Deuteronomy 28, 58), "If you do not guard yourself to perform all of these laws" and (Deuteronomy 28, 59) "And G-d make wondrous (הפלאה) your plagues" I do not know what this word "הפלאה" means. But when the Torah elsewhere says (Deuteronomy 25, 2) "And the judge should cast him down and hit him before his face", then I must say that this word "הפלאה" means malkus. And the Torah said over there (Deuteronomy 28, 58), "If you do not guard yourself to perform all etc.". [showing that all prohibitions are punishable with malkus.]

What is the reason of Rebbi Yishmael? The Torah says (Deuteronomy 28, 58), "If you do not guard yourself to perform all of these laws" and (Deuteronomy 28, 59) "And G-d make wondrous (הפלאה) your plagues" I do not know what this word "הפלאה" means. But when the Torah elsewhere says (Deuteronomy 25, 2) "And the judge should cast him down and hit him before his face", then I must say that this word "הפלאה" means malkus. And the Torah said over there (Deuteronomy 28, 58), "If you do not guard yourself to perform all etc.". [showing that all prohibitions are punishable with malkus.]

What is the reason of Rebbi Yishmael? The Torah says (Deuteronomy 28, 58), "If you do not guard yourself to perform all of these laws" and (Deuteronomy 28, 59) "And G-d make wondrous (הפלאה) your plagues" I do not know what this word "הפלאה" means. But when the Torah elsewhere says (Deuteronomy 25, 2) "And the judge should cast him down and hit him before his face", then I must say that this word "הפלאה" means malkus. And the Torah said over there (Deuteronomy 28, 58), "If you do not guard yourself to perform all etc.". [showing that all prohibitions are punishable with malkus.]

If so then a prohibition not involving an action should also [be liable to malkus, something which we know isn't true]? (Deuteronomy 28, 58), "to perform" is written.

A prohibition remedied by an positive commandment should also [be liable to malkus, something which we know isn't true]? [All malkus prohibitions must] similar to the prohibition of muzzling (Deuteronomy 25,4). [The prohibition of muzzling did not have a positive commandment to remedy it.]

And what is Rebbi Akiva's reason [for saying that kares liabilities are not subject to malkus]? [The Torah says] (Deuteronomy 25, 2) "according to his wickedness" which implies that according to one wickedness you can punish him but that you can not punish him according to two wickednesses.

Rebbi Abahu answers, the Torah explicitly compared liabilities of kares to malkus that we learn out [through a gezaria shava] (Leviticus 20,17) "לעיני" from (Deuteronomy 25,3) "לעיניך". Rebbi Abba bar Mamal inquired, If so [that we can learn out to kares from a gezaria shava], then liabilities of court execution should also be [subject to malkus, as we should] learn out [through a gezaria shava] (Numbers 15,24) "מעיני" from (Deuteronomy 25,3) "לעיניך"?

Rebbi Abahu answers, the Torah explicitly compared liabilities of kares to malkus that we learn out [through a gezaria shava] (Leviticus 20,17) "לעיני" from (Deuteronomy 25,3) "לעיניך". Rebbi Abba bar Mamal inquired, If so [that we can learn out to kares from a gezaria shava], then liabilities of court execution should also be [subject to malkus, as we should] learn out [through a gezaria shava] (Numbers 15,24) "מעיני" from (Deuteronomy 25,3) "לעיניך"?

And are there no other cases [of a lav sh'nituk l'aseah where it is possible to nullify the asseah]? But there are other cases, (A mnemonic: Theft, Pledge, Corner) Theft. That the torah says (Leviticus 19,13) "Don't steal" and (Leviticus 5,23) "Return that which you stole". A pledge. That the Torah says (Deuternomy 24, 10) "Do not enter into his house to take his pledge" and (Deuteronomy 24, 13) "You shall surely return him his pledge before the sun sets". And both of these can be found in Kimu v'lo Kimu and in Bitlo v'lo Bitlo (he can destroy the stolen object/pledge).

[If one eats] a hornet, he gets six malkus [two for insects + three for land insects and one for flying insects] because of the verse (Deuteronomy 14,19) "that swarm in the air".

The Torah teaches us, (Deuteronomy 12, 17) "Do not proceed to eat within your gates etc." and then later on the Torah writes, (Deutermony 26, 12) "And they may eat it in their gates and be satisfied", just as over there the verse is refering to maiser ani, so to here the verse is refering to maiser ani, and the Torah here says about it "You shall not eat".

Rava asked, (Deuteronomy 14,6) "And any animal that has split hooves and has the hoof completely split into two and chews its cud,among the animals that you may eat". "That" you may eat, but a different animal you may not eat. And if it is as you say then why do I need (Deuteronomy 14,7) "This you may not eat"?

Rava asked, (Deuteronomy 14,6) "And any animal that has split hooves and has the hoof completely split into two and chews its cud,among the animals that you may eat". "That" you may eat, but a different animal you may not eat. And if it is as you say then why do I need (Deuteronomy 14,7) "This you may not eat"?

What is this opinion of Rebbi Yehuda? That it was taught it a baraisa, Rebbi Yehudah says, (Deuteronomy 26,10) "And he shall place" it this is a reference to the waving. You say that it is referring to the waving or maybe it is really referring to the actual placement? But when the Torah also says, (Deuteronomy 26,4) "And he shall place", the [requirement of] placement has already been stated. So how will I maintain (Deuteronomy 26,10) "And he shall place"? It [must be referring to] waving.

What is this opinion of Rebbi Yehuda? That it was taught it a baraisa, Rebbi Yehudah says, (Deuteronomy 26,10) "And he shall place" it this is a reference to the waving. You say that it is referring to the waving or maybe it is really referring to the actual placement? But when the Torah also says, (Deuteronomy 26,4) "And he shall place", the [requirement of] placement has already been stated. So how will I maintain (Deuteronomy 26,10) "And he shall place"? It [must be referring to] waving.

What is this opinion of Rebbi Yehuda? That it was taught it a baraisa, Rebbi Yehudah says, (Deuteronomy 26,10) "And he shall place" it this is a reference to the waving. You say that it is referring to the waving or maybe it is really referring to the actual placement? But when the Torah also says, (Deuteronomy 26,4) "And he shall place", the [requirement of] placement has already been stated. So how will I maintain (Deuteronomy 26,10) "And he shall place"? It [must be referring to] waving.

And who is the Tanna that argues with Rebbi Yehuda? It is Rebbi Eliezer ben Yaakov. As it was taught in a baraisa (Deuteronomy 26,4) "And the Kohen will take the basket from his hand" this teaches ud that Bikorim require waving. These are the words of Rebbi Elezier ben Yaakov. What is the reason of Rebbi Eliezer ben Yaakov?

And from where do we know that one is liable for eating [maaser sheni] while tamai? That it was taught in a baraisa, Rebbi Shimon says (Deuteronomy 26,14) "I did not partake of it in tamai" means regardless of whether I was tamai and it was tahor or whether I was tahor and it was tamai. But as for where one is scripturally warned against it's consumption-- I do not know.

that the Torah says, (Deuteronomy 12, 17) "Do not eat it in your gates" and then later on says, (Deuteronomy 15,22) "In your gates you shall eat it--both the tamai and the tahor", and a baraisa was taught about this in the academy of Rebbi Yishmael

that the Torah says, (Deuteronomy 12, 17) "Do not eat it in your gates" and then later on says, (Deuteronomy 15,22) "In your gates you shall eat it--both the tamai and the tahor", and a baraisa was taught about this in the academy of Rebbi Yishmael

Rebbi Assi said in the name of Rebbi Yochanon From when does one become liable [for eating unredeemed] maaser sheni]? From when it sees the face of the wall. What is the reason? That the Torah says (Deuteronomy 12,18) "Before Hashem your God you should eat" And it's written, (Deuteronomy 12,17) "You may not proceed to eat in your gates", we derive that anywhere where we can read "Before Hashem your God you should eat" [i.e. where it entered Jerusalem] we also read "You may not proceed to eat in your gates" and anywhere where we can not read "Before Hashem your God you should eat" [i.e. where it never entered Jerusalem] we also do not read "You may not proceed to eat in your gates".

Rebbi Assi said in the name of Rebbi Yochanon From when does one become liable [for eating unredeemed] maaser sheni]? From when it sees the face of the wall. What is the reason? That the Torah says (Deuteronomy 12,18) "Before Hashem your God you should eat" And it's written, (Deuteronomy 12,17) "You may not proceed to eat in your gates", we derive that anywhere where we can read "Before Hashem your God you should eat" [i.e. where it entered Jerusalem] we also read "You may not proceed to eat in your gates" and anywhere where we can not read "Before Hashem your God you should eat" [i.e. where it never entered Jerusalem] we also do not read "You may not proceed to eat in your gates".

GEMARA: The Rabbis taught in a baraisa (Leviticus 21,5) "Do not make a bald spot", I might think may mean that even one who made four or five bald spots is only liable once, the Torah therefore says, "A bald spot" to make one liable for each and every bald spot. Why does the Torah say "On the head"? Because it says (Deuteronomy 14,1) "You shall not cut yourselves nor make any baldness between your eyes the dead", I may think that this would mean that one is only liable for between the eyes, from where do I know to include the rest of the head? The Torah therefore says "On the head" to include the entire head.

It was taught in a baraisa as well, One who removes a scissortip full [of hair] on shabbos is liable, and how much is a scissortip full? Two [hairs]. Rebbi Eliezer says, One [hair]. And the sages agree to Rebbi Eliezer in a case where one is removing the white from the black, then even one hair would make one liable. And this would even be prohibited on the weekday, because it says (Deuteronomy 22, 5) "A man shall not wear a woman's garment"....

But Rebbi Chiya had taught that he incurs two sets of malkus on the consumption and three on the cooking. And if this is true [that he is liable for eating a carcass, the Rebbi Chiya should have said that] he would liable three [sets of malkus] on eating. Rather, take out lighting and insert the wood of an asheira tree [a tree used for idolatry] which has it's scriptural warning derived from the following. (Deuteronomy 13,18) "And it should not cleave to your hand. etc.".

Rav Acha brei dRava challenged Rav Ashi, but then let him also incur malkus because of (Deuteronomy 7,26) "Do not bring an abomination into your house". Rather what case are we dealing with here? Where he cooked with sanctified wood, which has its azhara [scriptural warning] from here: (Deuteronomy 12,3) "And their asheria trees you should burn in fire", (Deuteronomy 12,4) "but you should not do so to HaShem your God."

Rav Acha brei dRava challenged Rav Ashi, but then let him also incur malkus because of (Deuteronomy 7,26) "Do not bring an abomination into your house". Rather what case are we dealing with here? Where he cooked with sanctified wood, which has its azhara [scriptural warning] from here: (Deuteronomy 12,3) "And their asheria trees you should burn in fire", (Deuteronomy 12,4) "but you should not do so to HaShem your God."

Rav Acha brei dRava challenged Rav Ashi, but then let him also incur malkus because of (Deuteronomy 7,26) "Do not bring an abomination into your house". Rather what case are we dealing with here? Where he cooked with sanctified wood, which has its azhara [scriptural warning] from here: (Deuteronomy 12,3) "And their asheria trees you should burn in fire", (Deuteronomy 12,4) "but you should not do so to HaShem your God."

Rav Hoshiah asked, But let's also consider [in our mishna] one who sows a Nachal Ayson, which has its azhara from here: (Deuteronomy 21,4) "That you should not work it nor plant it".

Rav Chanania asked, But let's also consider one who erases God's name in his going, which has its azhara from here: (Deuteronomy 12,3) "And you shall destroy their name. etc." (Deuteronomy 12,4) "But you should not do so to HaShem your God."

Rav Chanania asked, But let's also consider one who erases God's name in his going, which has its azhara from here: (Deuteronomy 12,3) "And you shall destroy their name. etc." (Deuteronomy 12,4) "But you should not do so to HaShem your God."

Rebbi Abahu asked, But let's also consider one who cuts off his bahares spot, which has its azhara from here: (Deuteronomy 24,8) "Guard your affliction of Tzeraas"

Rav Ashi asked, But let's also consider one who plow with wood from an Asheia tree, which has its azhara from here: (Deuteronomy 13,8) ""And no abominable thing should cleave to your hand. etc."

Ravina asked, But let's also consider one who cuts down fruit bearing trees, which has its azhara from here: (Deuteronomy 20,19) "For you may eat from them, but you may not cut them down".

MISHNA: How much do we flog him? Forty minus one, as the Torah says, (Deuteronomy 25,2) "In the count of forty" the number which is next to forty. Rebby Yehudah says, He is administered forty full lashes, and where is he lashes the extra one? Between his shoulders.

And he is striked one third in front of him and two parts behind him. And we do not strike him standing or sitting but rather bent over as the Torah says (Deuteronomy 25,2) "And the judge will cast him over".

And the striker strikes him with one hand with all of his might, and the reader reads: (Deuteronomy 28,58) "If you do not guard yourself to perform etc. And Hashem will afflict you with wonders and the plagues etc. And then he returns to the beginning of the verses. (Deuteronomy 29, 8) "And you should guard these words of the covenant etc." And he concludes with (Psalms 78,38) "And He is full of compassion and forgives all sin etc." And then returns to the beginning of the verses.

And the striker strikes him with one hand with all of his might, and the reader reads: (Deuteronomy 28,58) "If you do not guard yourself to perform etc. And Hashem will afflict you with wonders and the plagues etc. And then he returns to the beginning of the verses. (Deuteronomy 29, 8) "And you should guard these words of the covenant etc." And he concludes with (Psalms 78,38) "And He is full of compassion and forgives all sin etc." And then returns to the beginning of the verses.

Rav Sheises says in the name of Rebbi Elazar ben Azaryah, From where do we know that the strap should be of calfskin? That the Torah says (Deuteronomy 25,3) "Forty you should hit him" and next to it, (Deuteronomy 25,4) "Do not muzzle an ox while it's threshing.".

Rav Sheises says in the name of Rebbi Elazar ben Azaryah, From where do we know that the strap should be of calfskin? That the Torah says (Deuteronomy 25,3) "Forty you should hit him" and next to it, (Deuteronomy 25,4) "Do not muzzle an ox while it's threshing.".

And Rav Sheises also said in the name of Rebbi Elazar ben Azaryah, From where do we know that a yevama who falls to one with blisters, that we do not "muzzle" her? That the Torah says (Deuteronomy 25,4) "Do not muzzle an ox while it's threshing." and next to it, (Deuteronomy 25,5) "When two brothers dwell together. etc."

And Rav Sheises also said in the name of Rebbi Elazar ben Azaryah, From where do we know that a yevama who falls to one with blisters, that we do not "muzzle" her? That the Torah says (Deuteronomy 25,4) "Do not muzzle an ox while it's threshing." and next to it, (Deuteronomy 25,5) "When two brothers dwell together. etc."

The rabbis taught [in a baraisa], From (Deuteronomy 25,3) "many lashes", I only know [that it is prohibited for the attendant to add] many lashes. From where do I learn out also few lashes? The Torah says "do not add" If so, the why does the Torah say "many lashes"? to teach us a bout the first [extra lashes] that they are considered "many lashes"

The Rabbis taught [in a baraisa], If they evaluated him that he would soil himself when lashed, then we exonerate him. [If they evaluated him] that he would soil himself after leaving Beis Din, we nevertheless flog him. And not only that, but even [if they evaluated him to soil himself beforehand, we still flog him. That the Torah says (Deuteronomy 25,2) "And he strikes him etc. And he becomes demeaned" And not that he was already demeaned in Beis Din.

MISHNA: Anyone liable to kares who is flogged is exempt from their kares as the Torah says (Deuteronomy 25, 3)"And your brother should be flogged in your eyes" [this implies] when he gets flogged he is considered your brother. These are the words of Rebbi Channaia ben Gamliel.

Rebbi Shimon bar Rebbi says, behold the Torah says (Deuteronomy 12,23) "Only be steadfast in not eating blood, for blood is the soul. etc." And now if by blood, which a person naturally holds back from, one who separates himself from it receives reward, then by robbery and immorality which a person's natural inclination seeks out and wants, how much more so will one who separates from them receive reward and for generations and generations afterwards until the end of all generations.

Rebbi Simlai expounded, Six hundred and thirteen mitzvos were told to Moshe. Three hundred and sixty five prohibitions in accordance with the days of the sun. And two hundred and forty eight positive commandments in accordance with the limbs of a person. Rav Hamnunya said what is the meaning of the verse (Deuteronomy 33,4) "Moshe commanded us a law ("Torah"), an inheritance"? "Torah" has a numerical value of

Rebbi Yosi bar Chanina says, four decrees were decreed by Moshe Rabainu on Israel. Four [later] prophets came and nullified them. Moshe said (Deuteronomy 33,28) "And Israel dwells in safety, The fountain of Yakov alone". Came Amos and nullified it as it is said, (Amos 7,5) "Please now, How can Yakkov stand? etc." And it is written later, (Amos 7,3) "God repented concerning this etc.".

Moshe said (Deuteronomy 28, 65) "and among these nations you shall have no rest". Came Yirmeyah, and said, (Jeremiah 31,2) "Proceed to bring peace to Israel".