BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf
Bava Kama 14
1) [line 7] PUNDAK - an inn
2) [line 14] BIK'AH - a plain [of open fields], valley
3a) [line 15] NEGICHAH - goring
b) [line 15] NEGIFAH - striking or pushing; injuring
c) [line 15] NESHICHAH - biting
d) [line 15] REVITZAH - purposefully collapsing upon an object
e) [line 16] BE'ITAH - kicking
4) [line 23] MEYUCHEDES - designated
5) [line 26] "[KI YAV'ER ISH SADEH O CHEREM, V'SHILACH ES BE'IROH,] U'VI'ER
BI'SDEH ACHER, [MEITAV SADEHU U'MEITAV KARMO YESHALEM.]" - "[If a man shall
cause a field or vineyard to be eaten, and shall send in his beast,] and it
shall feed in another man's field, [of the best of his field, and of the
best of his vineyard, shall he make restitution.]" (Shemos 22:4)
6) [line 29] PEIRUKA - the answer
7) [line 32] MESHUNEH KEREN B'CHATZER HA'NIZAK, NEZEK SHALEM MESHALEM
The characteristic which defines Keren is that it is "Meshuneh" -- it is an
irregular activity. Rebbi Tarfon holds that the special Halachah that one
pays only half-Nezek (Chatzi Nezek) for damage caused by Keren only applies
in Reshus ha'Rabim, where one is completely exempt for damage caused by the
other Mazikim (Shen and Regel). If, however, the animal enters the Nizak's
domain and causes damage there, then, according to Rebbi Tarfon, the owner
of the animal must pay the entire value of the damage (Nezek Shalem).
8) [line 38] SHINENA - well-learned person!
9) [line 38] SHEVOK MASNISIN V'SA A'BASRAI - leave our Mishnah, and come
after me (i.e. explain it the way I do)
14b---------------------------------------14b
10) [line 2] SHUM KESEF, SHEVEI CHESEF, BIFNEI BEIS DIN, V'AL PI EDIM, BENEI
CHORIN, BENEI BRIS, VEHA'NASHIM BI'CHELAL HA'NEZEK, VEHA'NIZAK VEHA'MAZIK
B'SASHLUMIN - the Gemara explains each one of these expressions
11) [line 5] SHUM ZEH LO YEHEI ELA B'CHESEF - the assessment of the damage
should be made only in terms of money
12) [line 8] SHAMIN OSAH B'DAMIM - we assess the damage in money (and do not
say that the Nizak should take the article that did the damage)
13) [line 10] EIN BEIS DIN NIZKAKIN ELA L'NECHASIM SHE'YESH LAHEN ACHRAYUS -
Beis Din will only collect from Karka (land)
14) [line 14] MAI MASHMA? - where is the inference to Karka in the term
"Shevei Kesef?"
15) [line 15] DAVAR HA'SHAVEH KOL KESEF - something which is worth any
price. People will oftentimes overpay for land.
16) [line 15] DAVAR SHE'EIN LO ONA'AH (ONA'AH) - an item to which the laws
of Ona'ah do not apply
ONA'AH
(a) If a person makes a profit of one sixth of the total value on an item
that he sells without the purchaser's knowledge, the transaction is valid,
but the seller must return the profit to the purchaser. If the profit is
less than one sixth, nothing is returned. If the profit is more than one
sixth, the sale is invalid even if the profit is returned.
(b) With regard to sales of real estate, even if the profit is more than one
sixth, the sale is valid and nothing is returned.
(c) When Beis Din errs in an appraisal of property by a sixth of its value,
the Rabanan and Raban Shimon ben Gamliel argue whether the sale is binding
(because of "Im Ken, Mah Ko'ach Beis Din Yafeh;" this is the view of Raban
Shimon) or it is not binding (Rabanan).
17) [line 24] B'YASMEI - the Mishnah which teaches that one may collect only
land in return for damage done refers to one who collects from the heirs of
the person who was obligated to pay for the damage.] This is because Beis
Din does not collect from them debts that their father owed unless they
inherited land from their father (Kesuvos 110a); the chattels (movable
property) of orphans are never collected for their father's debts.
18) [line 30] SHEMA MINAH: LAVAH U'MACHAR NECHASAV V'ACHAR KACH BA L'VEIS
DIN, EIN BEIS DIN GOVIN LO MEHEN!? - are we to deduce from this that if
someone borrowed and then sold his property that Beis Din does not extract
payment from the sold property? Surely we know that Beis Din takes the
property from the buyer!
19) [line 32] PERAT L'VEIS DIN HEDYOTOS - to exclude a Bais Din made up of
Hedyotos, judges who are not ordained with Semichah (since Semichah is given
only in Eretz Yisrael)
20) [line 33] PERAT L'MODEH BI'KENAS V'ACHAR BA'U EDIM SHE'HU PATUR - to
exclude a case of one who admits to being obligated to pay a penalty, and
then witnesses come who testify that he is obligated to pay the penalty, in
which case he remains exempt.
MODEH B'KENAS PATUR
Any payment that involves over-compensation for a monetary loss is
considered a "Kenas" (penalty) rather than "Mamon" (compensation). In every
case of Kenas, the liable party does not have to pay the Kenas if he admits
to his guilt of his own accord. Only if witnesses testify to his guilt in
court must he pay. If he admits to his guilt of his own accord, and later
witnesses testify to his guilt in court, the Amora'im argue as to whether or
not he must pay the Kenas (Bava Kama 74b-75a -- he is exempted from payment,
according to the lenient opinion, only if his admission took place under
specific circumstances). Until one is obligated to pay a Kenas in court, he
is fully exempt from payment and does not even have a moral obligation to
pay it on his own accord (RASHBA to Bava Kama 74b, see also RAMBAN in
Milchamos HaSh-m at the end of the third Perek of Kesuvos).
Next daf
|