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Previous daf Kesuvos 38
1a) [line 1] D'HARGO DERECH ALIYAH - where he killed him with an upward
b) [line 1] SHE'LO NITNAH SHIGEGASO L'CHAPARAH (GALUS - Exile)
(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 (exile). The
Gemara learns (Makos 7b) from the verse (Bamidbar 35:23) that only when one
strikes the victim with a downward motion is the unintentional murderer
liable to Galus. A person who kills using an upward motion does not merit
the atonement of Galus.
(b) When it is proven that a person killed unintentionally, he is exiled 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 Galus.
(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.
*2*) [line 36] U'KENASAH L'AVIHAH - that is, this represents he opinion of
another Tana, other than the Tana of our Mishnah, with regard to the ruling
of Rebbi Akiva
3) [line 36] V'AVIHA ZAKAI B'CHESEF KIDUSHEHA - her father is entitled to
keep the money that is given for her Eirusin (betrothal)
4) [line 41] MUFNEH
(a) MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free
of any Derashah, they may be used unconditionally for the inference of a
Gezerah Shavah between the two topics.
(b) MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a
Machlokes whether they may be used unconditionally for the inference of a
Gezerah Shavah (Lemedin v'Ein Meshivin), or if they can only be used for a
Gezerah Shavah if we have no logical argument against learning the Gezerah
Shavah (Lemedin u'Meshivin).
(c) EINO MUFNEH KOL IKAR - If both words are used for another Derashah,
there is a Machlokes whether they can only be used for a Gezerah Shavah if
we have no logical argument not to learn the Gezerah Shavah, or if they
cannot be used at all for a Gezerah Shavah.
5) [line 44] MAI CHAZIS ... - for what reason do you presume (to interpret
the Pesukim in this way)?
6) [line 8] "K'MOHAR HA'BESULOS" - "like the value of the marriage contract
of virgins" (Shemos 22:16)
7) [line 27] YESH BEGER BA'KEVER - do the legal consequences of becoming a
Bogeres (an adult) take effect after the girl has died?