kares

GEMARA: Liabilities of kares are taught in our mishna, liabilities of court execution are not taught in our mishna. Who is the author of our mishna? Rebbi Akiva. That we learned in a baraisa, Both liabilities of kares and liabilities of court execution

GEMARA: Liabilities of kares are taught in our mishna, liabilities of court execution are not taught in our mishna. Who is the author of our mishna? Rebbi Akiva. That we learned in a baraisa, Both liabilities of kares and liabilities of court execution

Rabbi Akiva says liabilities of kares are subject to forty lashes for if he repents the heavenly court will forgive him. liabilities of court execution[, however,] are not subject to forty lashes for if he repents the earthly court can not forgive him.

Rebbi Yitzchak says liabilities of kares are included [in the punishment of malkus], but why is kares singled out by [the prohibition of cohabiting] with his sister? [To teach us that liabilities of kares] are only subject to kares but not malkus.

Rebbi Yitzchak says liabilities of kares are included [in the punishment of malkus], but why is kares singled out by [the prohibition of cohabiting] with his sister? [To teach us that liabilities of kares] are only subject to kares but not malkus.

Rebbi Yitzchak says liabilities of kares are included [in the punishment of malkus], but why is kares singled out by [the prohibition of cohabiting] with his sister? [To teach us that liabilities of kares] are only subject to kares but not malkus.

Rebbi Yitzchak says liabilities of kares are included [in the punishment of malkus], but why is kares singled out by [the prohibition of cohabiting] with his sister? [To teach us that liabilities of kares] are only subject to kares but not malkus.

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.

and according to Rebbi Akiva if so [that kdei reshaso prevents malkus by court execution] then liabilites of kares should also [not be subject to malkus]? What is his answer of if he repents, now, however,he hasn't [repented]?

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"?

Rebbi Shmuel bar Rav Yitzchak accepted [as an answer], "According to his wickedness" according to one wickedness you can punish him, according to two wickednesses you cannot punish him. This rule it's only referring to punishments given by court [i.e. not kares].

And according Rebbi Akiva, if so then by liabilites of kares also, [we also should] say that a a prohibition that has a scriptural warning for kares [cannot also be liable to malkus]. Rav Mordechai said to Rav Ashi that this is what Avimi from Hagronia had said in the name of Rava, liabilities of kares do not need a scriptual warning [to obligate one with kares, thus freeing the warning to teach malkus], for the Pesach offering and circumcision are punished [with kares for not performing them] even though they have no scriptural warning.

And according Rebbi Akiva, if so then by liabilites of kares also, [we also should] say that a a prohibition that has a scriptural warning for kares [cannot also be liable to malkus]. Rav Mordechai said to Rav Ashi that this is what Avimi from Hagronia had said in the name of Rava, liabilities of kares do not need a scriptual warning [to obligate one with kares, thus freeing the warning to teach malkus], for the Pesach offering and circumcision are punished [with kares for not performing them] even though they have no scriptural warning.

And according Rebbi Akiva, if so then by liabilites of kares also, [we also should] say that a a prohibition that has a scriptural warning for kares [cannot also be liable to malkus]. Rav Mordechai said to Rav Ashi that this is what Avimi from Hagronia had said in the name of Rava, liabilities of kares do not need a scriptual warning [to obligate one with kares, thus freeing the warning to teach malkus], for the Pesach offering and circumcision are punished [with kares for not performing them] even though they have no scriptural warning.

And according Rebbi Akiva, if so then by liabilites of kares also, [we also should] say that a a prohibition that has a scriptural warning for kares [cannot also be liable to malkus]. Rav Mordechai said to Rav Ashi that this is what Avimi from Hagronia had said in the name of Rava, liabilities of kares do not need a scriptual warning [to obligate one with kares, thus freeing the warning to teach malkus], for the Pesach offering and circumcision are punished [with kares for not performing them] even though they have no scriptural warning.

And according Rebbi Akiva, if so then by liabilites of kares also, [we also should] say that a a prohibition that has a scriptural warning for kares [cannot also be liable to malkus]. Rav Mordechai said to Rav Ashi that this is what Avimi from Hagronia had said in the name of Rava, liabilities of kares do not need a scriptual warning [to obligate one with kares, thus freeing the warning to teach malkus], for the Pesach offering and circumcision are punished [with kares for not performing them] even though they have no scriptural warning.

[the dispute] is as we said previously, that [Rebbi Akiva's reason for giving malkus by liabilities of kares is that] if he repents the heavenly court will forgive him. What did you ask? That he hasn't yet repented? Kares is not definite. [He can still repent.]

[the dispute] is as we said previously, that [Rebbi Akiva's reason for giving malkus by liabilities of kares is that] if he repents the heavenly court will forgive him. What did you ask? That he hasn't yet repented? Kares is not definite. [He can still repent.]

Rebbi Yitzhak says, Liabilities of kares were included [in the Torah's prohibition of malkus], only why was kares repeated by [the prohibition of cohabiting with] his sister [kares b'achoso]? To punish him with kares and not malkus.

Rebbi Yitzhak says, Liabilities of kares were included [in the Torah's prohibition of malkus], only why was kares repeated by [the prohibition of cohabiting with] his sister [kares b'achoso]? To punish him with kares and not malkus.

Rebbi Yitzhak says, Liabilities of kares were included [in the Torah's prohibition of malkus], only why was kares repeated by [the prohibition of cohabiting with] his sister [kares b'achoso]? To punish him with kares and not malkus.

Rebbi Yitzhak says, Liabilities of kares were included [in the Torah's prohibition of malkus], only why was kares repeated by [the prohibition of cohabiting with] his sister [kares b'achoso]? To punish him with kares and not malkus.

And why was kares repeated by [the prohibition of cohabiting with] his sister according to the Rabbis [Rebbi Yishmael and Rebbi Akiva]? To [teach us that sacrifices are] separated [with regards to bringing a sacrifice for an inadvertent offence], as Rebbi Yochanon said that if a person did all [of these kares prohibitions] in one lapse of unawareness he is liable [to bring a chatos sacrifice] for each and every one of them.

And why was kares repeated by [the prohibition of cohabiting with] his sister according to the Rabbis [Rebbi Yishmael and Rebbi Akiva]? To [teach us that sacrifices are] separated [with regards to bringing a sacrifice for an inadvertent offence], as Rebbi Yochanon said that if a person did all [of these kares prohibitions] in one lapse of unawareness he is liable [to bring a chatos sacrifice] for each and every one of them.

And from where does Rebbi Yitzchak [who uses kares b'achoso to teach us that kares is not subject with malkus] derive the principle of separating? He derives it from (Leviticus 18,19) "And to a woman (אשה) impure by her uncleanliness", to make one liable for each and every woman.

And from where does Rebbi Yitzchak [who uses kares b'achoso to teach us that kares is not subject with malkus] derive the principle of separating? He derives it from (Leviticus 18,19) "And to a woman (אשה) impure by her uncleanliness", to make one liable for each and every woman.

And let the Rabbis also derive it from here. Yes this is so[, everyone actually does derive the principle of separation from here]. So rather then why do the Rabbis need the verse of kares b'achoso for [if they aren't learning the principle of separation]? To make one liable [to three korban chatoses if he inadvertently cohabited in the same of lapse of unawareness] with his sister, his father's sister, and his mother's sister.

And [the rabbis, who learn re'shia bar re'shia from kares b'achoso] would say that it is a flawed kal v'chomer, because what comparison can you make to niddah which involves separte bodies?

And [what do the Rabbis, i.e. Rebbi Akiva and Rabbi Yishmael do with achoso d'reisha, if they do not learn out the principle of not deriving punishments]? That verse is needed to teach us that there is a separate kares prohibition for concocting [the anointing oil] and for anointing [with the original anointing oil].

And [where does Rebbi Yitzchak learn to separate the two]? He holds like what Rebbi Elezar said in the name of Rebbi Hoshiah. That Rebbi Elezar said in the name of Rebbi Hoshiah, any place that you find two prohibitions with one kares, they are separated with regards to [bringing] a sacrifice [for an inadvertent transgression].

A baraisa was taught in accordance with [the view of] Reish Lakash, "B'chol kodesh lo sigah" is a scriptural warning for eating [sacrificial foods while one is impure]. You say that it is a warning for eating? Or maybe it's only a warning for touching? The Torah therefore says, "In all sanctity he shall not touch and into the Temple etc." The Torah juxtaposes sacrificial foods with the Temple. Just as the Temple is a thing that involve the loss of life [one who enters while impure is subject to kares], so too the whole [verse] most involve the loss of life. And does touching [sacrificial foods, which is punishable with malkus] involve any loss of life? Rather you must say that the "b'chol kodesh lo sigah" refers to eating [sacrificial foods].

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.

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.

GEMARA: Rabbi Yochanon says, Rabbi Chananya ben Gamliel's colleagues disputed what he had said. Rav Adda bar Ahava said in the name of the school of Rav, "We learned in a Mishna, there is no difference between Shabbos and Yom Kippur besides for that one is punishable by man and one is punishable with kares" Now if this is true [that malkus works in place of kares] then both are punishable by man?

GEMARA: Rabbi Yochanon says, Rabbi Chananya ben Gamliel's colleagues disputed what he had said. Rav Adda bar Ahava said in the name of the school of Rav, "We learned in a Mishna, there is no difference between Shabbos and Yom Kippur besides for that one is punishable by man and one is punishable with kares" Now if this is true [that malkus works in place of kares] then both are punishable by man?

Rav Nachman (bar Yitzchak) says, Who is this tanna? Rabbi Yitchak who says that there is no kares by liabilities of malkus, that we learned in a baraisa, Rebbi Yitzchak says, Liabilities of kares are included in the punishment of malkus, and why was kares bachoso singled out? To punish him with kares alone but not malkus.

Rav Nachman (bar Yitzchak) says, Who is this tanna? Rabbi Yitchak who says that there is no kares by liabilities of malkus, that we learned in a baraisa, Rebbi Yitzchak says, Liabilities of kares are included in the punishment of malkus, and why was kares bachoso singled out? To punish him with kares alone but not malkus.

Rav Nachman (bar Yitzchak) says, Who is this tanna? Rabbi Yitchak who says that there is no kares by liabilities of malkus, that we learned in a baraisa, Rebbi Yitzchak says, Liabilities of kares are included in the punishment of malkus, and why was kares bachoso singled out? To punish him with kares alone but not malkus.

Rav Nachman (bar Yitzchak) says, Who is this tanna? Rabbi Yitchak who says that there is no kares by liabilities of malkus, that we learned in a baraisa, Rebbi Yitzchak says, Liabilities of kares are included in the punishment of malkus, and why was kares bachoso singled out? To punish him with kares alone but not malkus.