Kesubos - Daf 30
- Rebbe Nechunya ben HaKanah holds that a קנס is not given to one who is an issur kares
The Gemara notes that our Mishnah which teaches that the violator must pay a קנס to a woman who is assur to him as an issur kares, is also coming to exclude the opinion of Rebbe Nechunya ben HaKanah, for it was taught in a Baraisa: Rebbe Nechunya ben HaKanah היה עושה את יום הכפורים כשבת לתשלומין – would treat Yom Kippur like Shabbos in terms of monetary payments. Just as one who is mechallel Shabbos who commits an act at the same time that results in a monetary chiyuv, is מתחייב בנפשו ופטור מן התשלומין – is chayav to pay with his life and is patur from payment, so too the same applies if one desecrates Yom Kippur, which is a chiyuv kares, and is chayav a monetary liability at the same time, that is he only chayav kares and not payment. Abaye says Rebbe Nechunya ben HaKanah’s reason is the word "אסון" – fatality, is said about death at the hand of man, meaning death by Beis Din, and "אסון" is mentioned with regard to death by Heaven. This is a reference to Yaakov telling his sons that he refuses to let Binyomin go to Mitzrayim lest an אסון – a fatality occurs, referring to death by accident, by the hand of Heaven. Just as with אסון by Beis Din, one is patur from payment, so too an אסון בידי שמים is patur from payment. Rava brings an alternative source for Rebbe Nechunya ben HaKanah.
- הכל בידי שמים חוץ מצינים פחים and how the four types of execution occur today
It was taught in a Baraisa: הכל בידי שמים חוץ מצינים פחים – Everything is in the hands of Heaven except for sicknesses brought on by cold and heat, for it is stated in the passuk, "צנים פחים בדרך עקש שומר נפשו ירחק מהם" – Cold and heat are in the path of the perverse; one who guards his soul will be far from them. It was taught in a Baraisa: מיום שחרב בית המקדש אף על פי שבטלו סנהדרין ארבע מיתות לא בטלו – From the day the Beis Hamikdash was destroyed, even though the Sanhedrin ceased, the four types of capital punishment did not, which the Gemara clarifies means that דין ארבע מיתות לא בטלו – the equivalent punishment of the four types of execution has not ceased. One who is chayav skilah, (stoning) either falls from a roof or is trampled by a wild beast. One who is chayav sereifah, (burning) either falls into a fire or is bitten by a snake. One who is chayav harigah (beheading) is either handed over to the authorities or attacked by bandits, and one who is chayav chenek (strangulation) either dies through drowning or dies of סרונכי – which is a disease which constricts the throat.
- זר שאכל תרומה שתחב לו חבירו לתוך בית הבליעה
Rava brings an alternative source for Rebbe Nechunya ben HaKanah from the parsha of Molech which compares kares to capital punishment. Just as one who is chayav capital punishment is patur from monetary payment, so too one who is chayav kares is patur from monetary payment. This differs from Abaye’s pshat where the word אסון includes lesser types of death, such as מיתה בידי שמים – death by Heaven. The Gemara says a nafka minah between them is a zar that ate terumah where the penalty is מיתה בידי שמים. According to Abaye, he is patur from paying for the terumah but according to Rava he is chayav. When the Gemara questions this case, given that he was already chayav for stealing it from the moment he picked the terumah up, before he ate it, the Gemara concludes the case is שתחב לו חבירו לתוך בית הבליעה – where his friend thrust the terumah into his throat, and the person can get it out with difficulty. The Gemara brings alternative solutions.
