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Bava Kama 15
1) [line 3] YACHAS - slaves have no Halachically recognized lineage
2) [line 8] "...ISH O ISHAH KI YA'ASU MI'KOL CHATOS HA'ADAM..." - "[Speak to
the people of Yisrael,] When a man or woman shall commit any sin that people
commit, [and is treacherous against HaSh-m, and that person shall become
guilty.]" (Bamidbar 5:6)
3) [line 11] "V'ELEH HA'MISHPATIM ASHER TASIM LIFNEIHEM." - "And these are
the judgments which you shall set before them." (Shemos 21:1)
4) [line 14] "V'HEMIS ISH O ISHAH" - "[But if the ox was prone to gore with
its horn in the past, and its owner had been warned, but he had not watched
it properly,] and it killed a man or a woman, [the ox shall be stoned, and
its owner also shall pay Kofer (lit. be put to death; see below, entry
#10).]" (Shemos 21:29)
5) [line 16] CHAS RACHMANAH ALAH - the Torah had pity on her
6) [line 18] ISH D'VAR MASA U'MATAN, IYN - [we might think that only] a man,
who deals in business, should [be governed by the Halachos of monetary
affairs]
7) [line 19] KI HEICHI D'SEHEVEI LAH CHIYUSA - in order that she will have
the ability to protect her livelihood (so that others do not avoid doing
business with her out of fear that she has legal immunity)
8) [line 20] ISH, D'VAR MITZVAH, IYN; ISHAH, D'LAV BAS MITZVAH, LO - [we
might think that only] a man, who is commanded in [more] Mitzvos [than a
woman (TOSFOS),] should [be the one to whom the Halachos of Kofer apply],
but a woman, who is not commanded in [as many] Mitzvos, should not [be the
one to whom those Halachos apply]
9) [line 23] KETALA - death
10) [line 23] KOFER
(a) SHOR HA'MU'AD - An ox that gores two times is still referred to as a
Tam. The owner only pays half the value of the damages that his ox causes
through goring. If the ox gored three times and the owner was informed and
warned to guard his ox each time, the ox is termed a Mu'ad and from then on
the owner has to pay the full value of the damages that his ox causes
through goring.
(b) CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the
owner of the ox is Chayav Misah b'Yedei Shamayim and the ox is put to death
by stoning. He can *redeem* himself by paying Kofer to the children or heirs
of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan
Pidyon Nafsho" (Shemos 21:30). The amount paid as Kofer is defined as either
the owner's value, or the dead man's value, according to the various
opinions of the Tana'im (Makos 2b).
11) [line 27] PALGA NIZKA (MAMONA / KENASA)
(a) An ox (or other animal) that gores one or two times is referred to as a
Tam. The owner only pays half the value of the damages (Chatzi Nezek) that
his ox causes through goring, with a maximum of the full value of the ox
that gored. If the ox gored three times and the owner was informed and
warned to guard his ox each time, the ox is termed a Mu'ad. If the ox
damages from then on, the owner has to pay the full value of the damages
(Nezek Shalem) that his ox causes through goring. He is held more liable
since it is now evident that the ox's nature has changed to that of a
harmful and injurious animal, and its owner therefore knows that he must
guard it well.
(b) The Amora'im here argue as to why the Torah decreed that the owner of a
Tam pays Chatzi Nezek and not Nezek Shalem. One opinion holds that by law he
should pay Nezek Shalem because he did not guard his ox properly, but the
Torah was lenient (since the ox has not been proven to be a harmful animal)
and exempted him from half of the damages. According to this opinion, Chatzi
Nezek is "Mamona" (compensation) and not "Kenasa" (a fine imposed by the
Torah). The other opinion feels that by law the owner should be entirely
exempted from paying the first three times that his ox causes damage, since
oxen are relatively docile and do not have to be constantly watched to
prevent them from causing damage. Even so, the Torah imposed upon him a fine
of Chatzi Nezek, so that he should guard his ox more carefully in the
future. According to this opinion, Chatzi Nezek is Kenasa and not Mamona.
(c) The distinction between the payment of Mamon and the payment of Kenas
occurs when the owner of the ox admits, without the testimony of witnesses,
that his ox caused damage. According to the opinion that maintains Palga
Nizka Mamona, he must pay for half of the damages. But the opinion that
maintains Palga Nizka Kenasa rules that he is exempt from payment since a
person does not have to pay Kenas if he admits to his guilt of his own
accord.
12) [line 29] SETAM SHEVARIM LAV B'CHEZKAS SHIMUR KAIMAN - normal oxen are
not considered docile and have to be constantly watched to prevent them from
causing damage
13) [line 31] AKATI LO IYA'AD TOREI - the shor still has not yet become a
Mu'ad
14) [line 34] KI HEICHI D'LINTEREI L'SHOREI - so that he will guard his ox
15) [line 40] PECHAS NEVEILAH - the depreciation in value of the carcass of
the dead animal
16) [line 41] HA'BE'ALIM METAPLIN BA'NEVEILAH - the owner if the gored ox
(the Nizak) is responsible for the carcass (i.e. the Mazik deducts the value
of the carcass from what he must pay to the Nizak)
17a) [line 45] HA'TAM MESHALEM CHATZI NEZEK MI'GUFO - the owner of a Shor
Tam only pays half the value of the damages that his ox causes, with a
maximum of the full value of the ox that gored
b) [line 45] MU'AD MESHALEM NEZEK SHALEM MIN HA'ALIYAH - the owner of a
Shor ha'Mu'ad pays the entire value of the damages that his ox causes, and
the payment is collected from his most valuable property
18) [line 47] TANA V'SHIYER - the Tana taught certain Halachos in the
Mishnah and left out other Halachos
19) [line 47] MAI SHIYER D'HAI SHIYER? - what else did the Tana leave out so
that he should also leave this out?
20) [line 47] CHATZI CHOFER - Although the owner of a Shor Tam pays half of
the damages that it causes, the Tana'im argue as to whether he must pay half
of the Kofer if his ox kills a person. Rebbi Eliezer learns that he does not
from the verse, "u'Ba'al ha'Shor Naki." (Bava Kama 41b). Rabbi Yosi
ha'Gelili argues, ruling that there is a liability for Chatzi Kofer (Kesuvos
41b). (See above, entry #10.)
15b---------------------------------------15b
21) [line 2] AL PI ATZMO - based on his own admission
22) [line 17] TIYUVTA, V'HILCHESA?! - [The Gemara has just brought] a
refutation [of the opinion of Rav Huna brei d'Rebbi Yehoshua, that Chatzi
Nezek is a fine,] and [it then rules that] the Halachah [follows his
opinion]?!
23) [line 19] LO PESIKA LEI - it cannot be stated in an unqualified manner
24) [line 19] CHATZI NEZEK TZEROROS
(a) If one's animal caused damage to another person's property in an
indirect manner -- that is, with the force of its body but without its body
coming into direct contact with the damaged item, such as by walking and
kicking up pebbles that -- through the ballistic action caused by the force
of the animal's body -- caused damage, the owner is obligated to pay
restitution for the damage.
(b) The Tana'im argue what the extent of the owner's liability is in such a
case (Bava Kama 17b). Sumchus maintains that he is obligated to pay for the
full damage (Nezek Shalem). The Rabanan maintain that there is a Halachah
l'Moshe mi'Sinai that the owner is obligated to pay for only half of the
damage (Chatzi Nezek).
25a) [line 20] D'HILCHESA GEMIREI LAH - we know it from the tradition that
Moshe received on Mount Sinai, i.e. it is a Halachah l'Moshe mi'Sinai, that
one *only* pays Chatzi Nezek (TOSFOS 3b)
26a) [line 22] HAI KALBA D'ACHAL IMREI - a dog that ate lambs
b) [line 22] V'SHUNRA D'ACHLAH TARNEGOLA - and a cat that ate a chicken
27a) [line 24] RAVREVEI - animals (lambs or chickens) that are larger (than
the dog or cat that ate them)
b) [line 24] ZUTREI - animals (lambs or chickens) that are smaller (than
the dog or cat that ate them)
28) [line 25] V'IY TAFAS LO MAFKINAN MINEI - and if he (the owner of the
lambs or chickens) seized [the money or possessions of the owner of the
dog/cat to cover his losses], we (Beis Din) do not force him to give it back
29) [line 26] KAV'U LI ZIMNA D'AZLINA L'AR'A D'YISRAEL - set a [court] date
for me in Eretz Yisrael (where Beis Din has the authority to charge a Kenas)
[and force the owner of the dog/cat to go there with me]
30) [line 27] MESHAMTINAN LEI (SHAMTA/NIDUY) - we put him in Niduy
(excommunication)
SHAMTA/NIDUY
(a) The minimum period of Niduy is thirty days in Eretz Yisrael or seven
days in Bavel and elsewhere. If the Menudeh does not repent from his ways he
is put into Niduy for a second thirty-day period. If he still does not
repent, he is then put into Cherem. The laws of Cherem are much more
stringent.
(b) No one may come within four Amos of the Menudeh, except for his wife and
family. He is not permitted to eat or drink with other people, nor is he
included in a Zimun or any other Mitzvah that requires a quorum of ten men.
He may not wash his clothes, shave or take a haircut or wear shoes. Learning
and teaching Torah, however, are permitted, as well as engaging in work. The
last two are not permitted to a Muchram, who must learn by himself and
engage in work to the minimum that will provide him daily sustenance. People
may speak with the Menudeh or the Muchram unless Beis Din specifically
prohibits it.
(c) Even if the period of Cherem or Niduy has ended, a person remains in
Niduy or Cherem until he is permitted by three commoners or by an expert
sage (SHULCHAN ARUCH Yoreh De'ah 334:27 and REMA ibid. 334:24)
31) [line 30] KELEV RA - a bad-tempered dog; i.e. a dog that barks at anyone
with which it is not familiar (and frightens people and causes pregnant
women to miscarry) (YAM SHEL SHLOMO Bava Kama 7:45)
32) [line 31] SULAM RA'U'A - a shaky ladder
33) [line 32] "[...V']LO SASIM DAMIM B'VEISECHA..." - "[When you build a
new house, you must make a guardrail for your roof; so that] you shall not
shed blood in your house [because the falling person will fall from it.]"
(Devarim 22:8)
The Torah commands that a guardrail that is at least ten Tefachim high be
built around the roof of one's home (or balcony) in order to prevent
calamities. The guardrail must be strong enough to support the weight of a
person who is leaning. Additionally, from the words "v'Lo Sasim Damim
b'Veisecha," it is learned that one may not allow any dangerous situation to
remain in one's house. A person may not leave an uncovered pit in his
courtyard, or leave a weak ladder in his house. If he owns a bad-tempered
dog, he also transgresses this Lav. (SEFER HA'CHINUCH #547)
34a) [line 38] ZE'EV - a wolf
b) [line 38] ARI - a lion
c) [line 38] DOV - a bear
d) [line 38] NAMER - a leopard
e) [line 38] BARDELAS - (a) (O.F. puteis) ferret; a small, half-tamed,
flesh-eating animal similar to a weasel; (b) a polecat; a small dark brown
flesh-eating animal similar to a weasel; (c) a striped wild animal of the
genus felis leopard; striped hyena (RASHI Avodah Zarah 42); (d) marten
(Tosfos Sanhedrin 15b DH veha'Bardelas)
f) [line 38] NACHASH - snake
35) [line 40] BENEI TARBUS - domesticated, cultured
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