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 33
1) [line 3] "[VA'ASHER YAVO ES RE'EIHU VA'YA'AR...]U'MATZA [ES RE'EIHU
VA'MES, HU YANUS...]" - "[And when a man goes into the wood with his
neighbor to cut wood, and his hand fetches a stroke with the ax to cut down
the tree, and the head slips from the handle,] and strikes (lit. finds) [his
neighbor, so that he dies; he shall flee to one of those cities, and live.]"
(Devarim 19:5)
2) [line 3] MAMTZI ES ATZMO - presents himself
3) [line 5] HALAH - him (the victim)
4) [line 14] MASA - in town (i.e. he is often available outside of his
house)
5) [line 16] V'KAREI A'BAVA V'AMAR LEHU "IN" - and he (the victim) called at
the gate and he (the homeowner) answered, "Yes"
6) [line 17] UL, TA MASHMA - means "come in"
7) [line 18] KUM A'DUCHTACH MASHMA - means "stay where you are"
8) [line 25] MESHALMIN BA'MOSAR CHATZI NEZEK - [the owner of the ox that was
damaged less] pays half of the value of the difference between the damages
9) [line 35] "...KA'MISHPAT HA'ZEH YE'ASEH LO." - "[Whether it has gored a
son, or has gored a daughter,] according to this judgment shall it be done
to him." (Shemos 21:31)
10) [line 39] KA'TACHTON V'LO KA'ELYON - like the later (lit. lower)
[subject] and not like the earlier (lit. above) [subject] (SHOR HA'MU'AD /
SHOR TAM)
(a) An ox that gores two times is still termed a Shor 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) The earlier verse (Shemos 21:28) deals with the case of a Shor Tam, for
which the owner only pays half of the value of the damages, while the
following verse (Shemos 21:29) deals with a Shor Mu'ad, for which the owner
must pay full damages. Rebbi Akiva is saying that the even though the owner
of a Shor Tam normally pays only Chatzi Nezek, when the Shor damages a
person, he must pay Nezek Shalem.
11) [line 39] HA'ALIYAH - the most valuable property (having to pay the
entire value of the damages and not being limited to the value of the Shor
ha'Mazik)
12) [line 45] YUSHAM HA'SHOR / HUCHLAT HA'SHOR
When a Shor Tam attacks another animal, Rebbi Yishmael rules that the Shor
ha'Mazik is evaluated (Yusham ha'Shor) and the Mazik owes the Nizak half of
the value of the damages. Rebbi Akiva rules that the Nizak becomes the de
facto owner (Huchlat ha'Shor) of the Shor ha'Mazik if it is worth half of
the value of the damages or less.
13) [line 47] ZUZEI HU D'MASIK LEI - [it is a debt of] money (lit. coins)
that he holds against him
33b---------------------------------------33b
14) [line 1] LAV KOL KEMINEI - he does not have such power
15) [line 2] CHOZER V'GOVEHU - he in turn collects [the animal from the
buyer]
16) [line 4] RIDYA - plowing
17) [line 4] SHEMA MINAH LAVAH (U'MOCHER) [U'MACHAR] METALTELIN, BEIS DIN
GOVIN LO MEHEM? - Do we learn from this that if a person takes a loan and
sells his mobile goods that Beis Din has the power to allow the creditor to
collect those goods from the buyer?
18) [line 5] APOTIKI
(a) A person may designate one of his pieces of land or possessions as
security for a loan that he received or a debt that he owes without placing
it in the possession of the creditor. This creates a Shi'abud, or lien, on
the object, such that if the debt is not otherwise repaid, the creditor can
collect his debt from the security. Such a security is called an "Apotiki."
The debtor may specify (if the creditor agrees) that the creditor may *only*
collect his debt from the Apotiki. In such a case, if it becomes impossible
to collect the debt from the Apotiki, the debtor is no longer liable to the
creditor.
(b) Even though an Apotiki is usually a piece of land or an item about which
the fact that it is an Apotiki becomes well known (such as a slave), in the
case of the damages of a Shor Tam, the Torah asserts that the Nizak claims
his damages from the body of the Shor, and it is therefore like an Apotiki
in this respect.
19) [line 8] D'IS LEI KOLA - (lit. since it has a voice) the information
about the sale of the slave will become well known
20) [line 10] RAV TACHLIFA BAR MA'ARAVA - Rav Tachlifa of the West, i.e.
from Eretz Yisrael
21) [line 21] GEZEIRAH SHEMA YOMRU HEKDESH YOTZEI B'LO PIDYON - it is a
decree lest one should say that an item of Hekdesh looses its sanctity
without paying the proper redemption fee
22) [line 27] AD SHE'LO AMAD B'DIN - up until its case comes to court
23) [line 32] KADMU BA'ALEI CHOVOS V'HIGBIHU - if creditors preempt the
Nizak and make a Kinyan Hagba'ah on the animal
24) [line 33] CHAV AD SHE'LO HIZIK - the debtor became obligated (i.e. he
took the loan) before the animal did the damage
25) [line 40] "[...U'MACHRU ES HA'SHOR HA']CHAI [V'CHATZU ES KASPO...]" -
"[And if one man's ox hurts another's, and it dies; then they shall sell
the] live [ox, and divide its money; and the dead ox also they shall
divide.]" (Shemos 21:35)
26) [line 42] PECHAS SHECHITAH - the depreciation in value of the Shor due
to the slaughtering
27) [line 42] MAZIK SHI'ABUDO SHEL CHAVEIRO (APOTIKI)
(a) A person may designate one of his pieces of land or possessions as
security for a loan that he received or a debt that he owes without placing
it in the possession of the creditor. This creates a Shi'abud, or lien, on
the object, such that if the debt is not otherwise repaid, the creditor can
collect his debt from the security. Such a security is called an "Apotiki."
The debtor may specify (if the creditor agrees) that the creditor may *only*
collect his debt from the Apotiki. In such a case, if it becomes impossible
to collect the debt from the Apotiki, the debtor is no longer liable to the
creditor.
(b) When a person chooses an object as the 2nd type of Apotiki mentioned
above (see TOSFOS to Gitin 41a DH b'Mazik), if someone damages the Apotiki
or otherwise makes it impossible for the creditor to collect his debt from
it (for example, if the Apotiki is a slave and he frees him), the Tana'im or
our Mishnah argue as to whether he is liable for the damages or not. (Even
those Tana'im that exempt payment in a case of Dina d'Garmi (see below,
entry #29) may rule that one may be liable for Mazik Shi'abudo Shel
Chaveiro, since the damage is even *more direct* than Dina d'Garmi -- TOSFOS
ibid.)
28) [line 44] ZIKA B'ALMA, HU D'SHAKLI MINACH - it was a mere wind that I
took from you (i.e. from your animal. He can try to belittle the damage done
by slaughtering his friend's Shor.)
29) [line 45] HA'SOREF SHETAROSAV SHEL CHAVEIRO (DINA D'GARMI)
(a) There are two manners of causing indirect damage. The less direct manner
is known as "Grama," for which even Rebbi Meir (Kesuvos 86a) does *not* hold
a person liable. The more direct manner is known as "Garmi," for which Rebbi
Meir holds a person liable. (The Rishonim argue as to the definition of
"more direct.")
(a) Rebbi Meir holds a person liable for damaging another person or his
possessions even in an indirect manner. For example, not rebuilding a fence
that separates between the fields of two landowners may cause one person's
vines to prohibit the grain of his neighbor as Kil'ayim (see Background to
Yevamos 81:11). Rebbi Meir holds the person who did not rebuild his fence
liable for causing the other field to become prohibited.
(b) There are two manners of causing indirect damage. The less direct manner
is known as "Grama," for which even Rebbi Meir does *not* hold a person
liable. The more direct manner is known as "Garmi," for which Rebbi Meir
holds a person liable. (The Rishonim argue as to the definition of "more
direct.")
30) [line 46] NEYARA B'ALMA KALA'I MINACH - I have only burned some of your
papers
31a) [line 46] BOROS - wells that are dug in the ground
b) [line 47] SHICHIN - elongated ditches
c) [line 47] ME'AROS - caves (usually leading to a spring or water
source)
Next daf
|