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Bava Metzia 70
1) [line 1] BENEI KUFRA - boat owners (lit. pitch-men, so called because
they would line their boats with pitch)
2) [line 4] MUTAR L'HALVOSAN B'RIBIS - it is permitted to lend [their money
to others] with interest
3) [line 6] SAFINA LEHU ISURA - may we feed to them something that is
forbidden?!
4) [line 7] LEI'ZLU BASAR SHIVKAIHU - let them go after the one who left
them, i.e. they should die like their father
5a) [line 8] EIMA LI EIZU - Tell me, my close friend, (MAHARSHAL here)
b) [line 39] GUFA D'UVDA HEICHI HAVAH? - what was the actual incident?
6) [line 9] DUDA - kettle, cauldron
7a) [line 10] TAKIL V'YAHIV LEI - he weighed and then gave it
b) [line 10] TAKIL V'SHAKIL LEI - he weighed and then received it back
8) [line 13] DIKNANEI - those who are bearded, i.e. adults
9) [line 14] CHUSCHA DI'NECHASHA - deterioration of the copper
10) [line 14] KAMA D'MAKLEI NECHASHA, BATZIR DAMEI - the more the copper is
burned, the less is its value
11) [line 19] KAROV LI'SECHAR V'RACHOK L'HEFSED - (lit. close to profit and
far from loss)
This refers to a case in which a person gives money to a manager to invest
for him, stipulating that the manager will be responsible for any loss to
the money, while the investor will still receive his full share of the
profit. Such a case is normally prohibited. Since the manager must return
the full amount that was given to him even if he loses the money, it is
considered a loan, and when he gives back the money together with profit
earned, that additional amount is considered Ribis d'Rabanan. In the case of
the money of orphans, however, the Chachamim did not prohibit this form of
investment.
12) [line 25] KA KALYA KARNA - the principle (Keren) is being
destroyed/consumed
13) [line 26] BADKINAN GAVRA - we search for a person
14) [line 26] DAHAVA PERICHA - (a) fragments of gold (RASHI); (b) pieces of
broken golden utensils (TOSFOS Kesuvos 67a, citing RABEINU CHANANEL)
15) [line 27] NAKTINAN DAHAVA MINEI - we take the gold from him (as
security). (According to Rashi, the reason the money manager is required to
have fragments of gold is not in order to take them as security. Rather, it
is meant to prove that he is wealthy and that the gold is not a Pikadon that
he is watching for someone else, since no one gives fragments of gold to a
Shomer to watch. The Maharshal points out that Rashi did not have the text
"Naktinan Dahava Minei" in his Gemara.)
16) [line 29] DAVAR MESUYAM - an item that is whole and identifiable
17) [line 30] YAHIV SIMANIN - he will give its identifying features
18) [line 33] NEICHLU ZUZEI D'YASMEI - is the money of orphans to be
consumed?!
19a) [line 34] MESHAFU NICHSEI - his property is quiet (there is no one
challenging his ownership of it)
b) [line 34] MEHEIMAN - trustworthy
c) [line 35] SHAMA DINA D'ORAISA - he listens to and accepts the law of
the Torah
d) [line 35] LO MEKABEL SHAMTA D'RABANAN - he would never agree [even at
the risk of monetary loss] to be excommunicated by the Chachamim
70b---------------------------------------70b
20) [line 1] EIN MEKABLIN TZON BARZEL - lit. iron sheep, i.e. sheep that
retain their value.
(a) The Mishnah states that one may not accept "Tzon Barzel" assets from
another Jew. In a "Tzon Barzel" agreement, the recipient who manages the
assets is responsible to compensate the owner for any decrease in the value
of the assets he is managing during the course of time. Consequently, the
assets that he received to manage are considered like a loan, and any
profits that the recipient (i.e. the manager) shares with the owner is like
interest being paid for the loan.
(b) The Gemara explains that if the owner of the assets accepts upon himself
responsibility for any unexpected damage or depreciation in value ("Onsa
v'Zola") suffered by the assets that are being managed, they are no longer
considered to be like a loan. The manager may share any profits made through
the assets with the owner and there is no Ribis involved.
21) [line 4] GER TOSHAV - A Ben Noach who accepts upon himself to fulfill
the seven Noachide laws (This is the opinion of the Chachamim in Avodah
Zarah 64b. Other Tana'im define Ger Toshav differently, ibid.)
22) [line 8] VELADOS PETUROS MIN HA'BECHORAH (BECHOR BEHEMAH TEHORAH:YAD
NOCHRI BA'EMTZA) - the offspring are exempt from the law of Bechor
(a) Every first-born (Bechor) male of an ox, goat or sheep becomes Kadosh
with the Kedushah of Bechor when it comes out of its mother's womb. Its
owner must give the Bechor to a Kohen. If the Bechor has no blemish, the
Kohen must bring it as a Korban during its first year; after its fat and
blood are offered on the Mizbe'ach, it is eaten in Yerushalayim during the
following two days and the intervening night. If the Bechor has or develops
a blemish, it must be slaughtered and eaten during its first year. If it
developed a blemish after the year, it must be slaughtered and eaten within
thirty days. A Kohen may give away or sell a Bechor, even to someone who is
not a Kohen, however it may not be sold in the marketplace or weighed for
sale in the usual manner.
(b) A Bechor born to an animal owned -- even in part -- by a Nochri is
exempt from the Kedushah of Bechor.
23) [line 9] D'KABIL ALEI ONSA VE'ZOLA - he (the Nochri) accepted upon
himself any loss due to accidents and devaluation
24) [line 22] "MARBEH HONO B'NESHECH V'SARBIS, L'CHONEN DALIM YEKABTZENU" -
"He who increases his wealth through interest, will collect wealth only to
deliver it to one who is gracious to the poor." (Mishlei 28:8)
25) [line 24] SHEVOR MALKA - King Shapur II, the king of Persia (ruled
309-379 CE, during the Sassanid Dynasty), who would take the money of Jews
and give it to Nochrim who are "poor" in that they do not have the Mitzvos
(Rashi).
26) [line 26] "LA'NOCHRI SASHICH, [UL'ACHICHA LO SASICH]..." - "To a Nochri
you shall lend with interest, [but to your brother you may not lend with
interest]...." (Devarim 23:21)
27) [line 27] LAV TISHOCH?! - Does it not mean that you may take interest
from a Nochri?!
28) [line 27] LO! TASHICH! - No! It does not mean that you may take interest
from a Nochri. Rather, it means that] you must pay interest to a Nochri
29) [line 28] L'AFUKEI ACHICHA D'LO - it is to exclude "you brother" to whom
you may not [pay interest; you are permitted, however, to pay interest to a
Nochri]
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