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Bava Kama 41
BAVA KAMA 41 - Sponsored by the generous contributions of an anonymous donor
in Manchester, England. May he be blessed with a Kesivah va'Chasimah Tovah,
and a year of physical and spiritual growth and prosperity.
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1) [line 9] ME'USEH - coerced
2) [line 9] SHOR SHE'NAGACH ES HA'ADAM VA'MES (SHOR HA'NISKAL)
(a) The term Shor ha'Niskal refers to any animal or bird that is stoned to
death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence
is issued. One of the instances of Shor ha'Niskal is an animal that killed a
person, as described in Shemos 21:28-31 and in Sanhedrin 2a.
(b) In the event that an animal killed a person, only if two witnesses saw
the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one
witness saw it, or if there were no witnesses but the owner told Beis Din of
the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit
to be brought as a Korban.
3a) [line 12] EVED - a Nochri slave
b) [line 12] AMAH - a Nochri maidservant
4) [line 16] AMDUHU LI'SHELOSHAH BENEI ADAM - the bull ran after three
people consecutively and it was estimated that had they not run away, it
would have killed them
5) [line 18] SIKEN LI'SHELOSHAH BENEI ADAM - the bull gored three people
consecutively and caused the first two to become Gosesim (moribund), and
they all died after the third goring
6) [line 24] BENEI ADAM TEREIFAH
A Tereifah is a person who had acquired or was born with a fatal defect that
will result in his death within a year. (There are some who maintain that a
Tereifah can live for more than a year -- see Chulin 42a-b)
7) [line 24] SHALEM - (lit. whole) a healthy person
8) [line 25] KATAL V'ARAK L'AGMA - if killed and ran away to the marshes
(the first two times)
9) [line 27] HUZMU ZOMEMEI ZOMEMIN (EDIM ZOMEMIN)
(a) If two witnesses testify to a crime or an event and a later set of
witnesses contradict their testimony by saying that the crime or event did
not take place exactly as the first set of witnesses testified, all of the
witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din
cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later
set of witnesses *disqualify* their testimony by saying that the first set
of witnesses were with them in a different place at the time that the first
set of witnesses claim that the act took place, the first witnesses are
termed Edim Zomimin (conspiring witnesses). The Torah commands that the
second set of witnesses be believed, rather than the first. In general, Edim
Zomemim are punished with the punishment they tried to cause. (Devarim
19:16-21; see Mishnah Makos 5a)
10a) [line 28] L'YE'UDEI SORA - to designate the status of the ox as a Shor
ha'Mu'ad if it gored on three separate days
b) [line 28] L'YE'UDEI GAVRA - to warn the owner on three separate days to
guard his ox, at which point he will be liable to pay for full damages (see
Insights here and to Daf 24b)
11) [line 33] TORA NAGCHANA IS LACH B'VAKRACH - you have a goring bull among
your cattle
12) [line 34] IBA'I LACH NETUREI KULEI VAKRACH - you must guard all of your
cattle
13) [line 36] "[V'CHI YIGACH SHOR ES ISH O ES ISHAH VA'MES,] SAKOL YISAKEL
HA'SHOR, V'LO YE'ACHEL ES BESARO, U'VA'AL HA'SHOR NAKI." - "[When an ox
gores a man or woman and [the person] dies,] the ox must be stoned, and its
flesh may not be eaten, and the owner of the ox is exonerated." (Shemos
21:28)
14) [line 36] NEVEILAH
A Neveilah is a carcass of an animal that died without a Halachic
slaughtering. The Torah states, "You shall not eat anything that dies by
itself (Neveilah). You shall give it to the stranger who is in your gates,
that he may eat it, or you may sell it to a Nochri, for you are a holy
people to HaSh-m, your Elokim" (Devarim 14:21). The flesh of a Neveilah is
prohibited to be eaten, and a k'Zayis or more of a Neveilah makes an object
Tamei through Maga (contact) and Masa (carrying).
15) [line 39] L'ACHAR SHE'NIGMAR DINO - (lit. after its case was finished)
after the death sentence was issued
16) [line 50] K'DERECH SHE'PARAT LECHA BI'NEVEILAH - like the Torah
specifies with regard to Neveilah (Devarim 14:21, see above, entry #14),
that it is permitted to benefit from it
17) [line 51] L'GER BI'NESINAH UL'OVED KOCHAVIM B'MECHIRAH - the verse
(Devarim 14:21) states the term "Nesinah" (giving) for a Ger Toshav (see
Background to Kidushin 20:23b) and "Mechirah" (selling) for an idol
worshipper. In either case, it is evident that it is permitted to derive
benefit from the Neveilah.
18a) [line 54] IY NAMI "LO YE'ACHEL;" "ES BESARO" LAMAH LI? - or [just the
words] "v'Lo Ye'achel" [stopping there]. Why [did the verse continue and
state the words] "Es Besaro?"
b) [last line] AF AL GAV D'AVDEI K'EIN BASAR, D'SHACHATEI, ASUR - [To
teach us that] even though one were to slaughter it like [any other Kosher
animal whose] flesh [is permitted after ritual slaughter], it is prohibited
41b---------------------------------------41b
19) [line 1] HEICHA D'BADAK TZUR (BEDIKAS SAKIN)
In order to perform Shechitah (ritual slaughter) properly, the slaughtering
knife (or other sharp instrument, such as a stone) has to be checked to make
sure it is not nicked in the slightest way.
20) [line 1] TZUR - a sharp stone
21) [line 4] MAGAL YAD - a sickle
22) [line 4] KANEH - a [dried, hard] reed
*23*) [line 5] V'HASHTA D'NAFKA LEI ISUR ACHILAH V'ISUR HANA'AH MI'"LO
YE'ACHEL", "BA'AL HA'SHOR NAKI" LAMAH LI? - (the Gemara now asks what Rebbi
Avahu in the name of Rebbi Elazar learns from the words "u'Ba'al ha'Shor
Naki," since he learns the prohibitions of eating and deriving benefit from
the words "Lo Ye'achel")
24) [line 12] ES HA'TAFEL LI'VESARO - that which is subordinate to its flesh
25) [line 14] SHIMON HA'AMSUNI - Shimon of Amson, an early settlement.
(According to the Gemara (Yerushalmi Berachos 9:5 and Sotah 5:5), Shimon (or
Nechemyah) ha'Amsoni learned under Rebbi Akiva for 22 years. As such, after
the *student* abandoned his teachings, the *Rebbi* completed the work.)
26) [line 17] PIRESH - he desisted
27) [line 22] CHATZI KOFER
(a) If a person's Shor ha'Mu'ad kills another person, the owner of the bull
is Chayav Misah b'Yedei Shamayim and the bull is put to death by stoning.
The owner 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).
(b) If a Shor Tam kills a person, although the bull is put to death, the
owner does not have to pay Kofer, according to most Tana'im. (According to
Rebbi Yosi ha'Gelili -- Bava Kama 26a -- a Tam pays Chatzi Kofer when it
kills a person. The amount paid as Kofer is either the owner's value (if he
were sold as a slave), or the dead man's value, according to the various
opinions of the Tana'im (Bava Kama 27a).
28) [line 26] SHE'HEMIS ES HA'ADAM AL PI ED ACHAD O AL PI BE'ALIM - which
killed a person based upon the testimony of a single witness or the
admission of its owner
29a) [line 30] NEFALIM - (lit. stillborn fetuses) an infant that is not yet
thirty days old that does not have the status of a "Ben Kayama"
b) [line 30] BEN KAYAMA - an infant at least thirty days old that has a
"Chezkas Chai," the assumption that it will continue living
30) [last line] TZAYAD - a fisherman
31) [last line] SHE'SHOLEH DAGIM MIN HA'YAM - who fishes from the sea
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