Talmud Bavli
Talmud Bavli

Musar for Sanhedrin 74:9

אלמא אף על גב דפסילי בדיני ממונות אמרינן להו בדיני נפשות הכא נמי אף על גב דפסילי בדיני ממונות אמרינן להו בדיני נפשות:

BASED ON CONJECTURE. Thus, only in capital charges do we disallow conjecture, but permit it in civil suits.<span class="x" onmousemove="('comment',' This follows from the fact that the Mishnah states this only in connection with the former. ');"><sup>16</sup></span> Who [is the authority for this]? — R. Aha. For it has been taught: R. Aha said: If among camels there is a lustful one, and a camel is found killed by its side, it is certain that this one killed it.<span class="x" onmousemove="('comment',' V. B.B. 93a. Hence in monetary cases circumstantial evidence is acceptable. The Mishnah thus follows the view of a single authority. ');"><sup>17</sup></span>

Shenei Luchot HaBerit

Let us now return to our subject. Anyone who sleeps with a Gentile woman has desecrated the holy covenant through introducing forces of impurity. This is the deeper meaning of ובעל בת אל נכר, "who has slept with the daughter of an [adherent] of an alien religion" (Malachi 2,11). In practice this means, that the sinner has put his own G–d and other deities on the same footing. The same applies concerning sins committed with other organs. Repentance needs to commence with confession, remorse, etc. We must appreciate the statement in Sanhedrin 37 that גלות מכפרת עון, "exile achieves atonement for sins committed." This means that the sinner should move to a place where he is not known. By cutting himself off from his home, he is considered as having imposed upon himself the penalty of כרת הנפש, a penalty which fits the crime of his נפש having attached himself to someone totally alien. We understand then why exile can cure the disease for which it has been decreed. By imposing upon his body the kind of penalty that really should have been inflicted on his soul, he demonstrates that his repentance is based on love for G–d. Such repentance is accepted far more readily than the repentance of a person who has to be disciplined by G–d against his will. This is what our sages meant when they said: "hail to the person who suffers afflictions, and suppresses his strength, and does not complain against the attribute of Justice at the time of suffering afflictions." If Job had done so at the time he was subjected to his afflictions he would have risen to a higher moral level. If Job had not challenged the ways of G–d when he suffered his afflictions we would have included his righteousness alongside that of the patriarchs in our daily prayers, i.e. אלוקי אברהם … אלוקי איוב (Torat Kohanim 18). Taanit 8a, interprets Isaiah 64,4, בהם עולם ונושע, "through them the world can be saved," to mean that those who enjoy their afflictions help bring redemption to the world.
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