Ketubot

with regard to the marriage with an Egyptian or an Edomite [woman], in which case there is a transgression [merely] of a positive law.  — That is all right if R. Yeshebab [by his statement] only came to exclude the view of R. Simai.  But if his statement was his own,  whenever the marriage is forbidden in Israel, the child [of such a marriage] is a mamzer. It would include also a marriage with regard to which a positive law has been transgressed. What is [then] the difference between them? — The difference between them is with regard to a girl, who is no more a virgin, who married a high priest.  — And why is this  different?  — It is a law which does not apply to all. R. Hisda said: All agree that he who has intercourse with a woman during menstruation  [against her will] has to pay the fine,  for according to him who holds that there must be the possibility of her  'becoming' his wife, there is with regard to her  the possibility of her becoming his wife,  and according to him who holds that there must be the possibility of her  remaining his wife, there is with regard to her  the possibility of her remaining his wife. Our [Mishnah]  likewise excludes the view of R. Nehunia b. ha-Kaneh, for it is taught: R. Nehunia b. ha-Kaneh, made the Day of Atonement equal to the Sabbath with regard to payment; as [he who desecrates] the Sabbath  forfeits his life  and is free from payment,  so [he who desecrates] the Day of Atonement  forfeits his life  and is free from payment. What is the reason [for the view] of R. Nehunia b. ha-Kaneh? — Abaye said: It is said 'harm'  [in the case of death]  by the hand of man,  and it is said 'harm'  [in the case of death] by the hand of heaven, [so I say:] As in the case of the 'harm' done by the hand of man one is free from payment,  so also in the case of 'harm' done by the hand of heaven, one is free from payment.  To this R. Adda b. Ahaba, demurred: Whence [do you know] that Jacob warned his sons  against cold and heat,  which are by the hand of heaven?  Perhaps [he warned them] against lions and thieves, which are 'by the hand of man?'  — Is it that Jacob warned them against this and did not warn then, against that? Jacob warned then, against every kind of harm. [But] are cold and heat by the hand of heaven? Is it not taught: Everything is 'by the hand of heaven' except cold and heat, for it is said: 'Cold and heat are in the way of the froward; he that keepeth his soul holdeth himself far from them'?  Further, are lions and thieves 'by the hand of man'? Did not R. Joseph say. and R. Hiyya teach: Since the day of the destruction of the Temple, although the Sanhedrin ceased,  the four forms of capital punishment  have not ceased? 'They have not ceased,' [you say]? Surely they have ceased! But [say]