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Bava Kama 54
BAVA KAMA 54 (Rosh Hashanah) - dedicated by Rabbi Eli Turkel and his wife.
May they be blessed with much Nachas from their children and grandchildren
and may all of their prayers be answered l'Tovah!
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1) [line 3] KELAL U'FRAT; EIN BI'CHLAL ELA MAH SHEBI'FRAT
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra),
Rebbi Yishmael, who is Doresh Kelalei and Peratei (see Background to
Kidushin 21:15), lists thirteen methods that Chazal use for extracting the
Halachah from the verses of the Torah. One of them is Kelal u'Frat Ein
bi'Chlal Ela Mah shebi'Frat.
(b) When a Kelal (general term) is followed by a Perat (specification),
without teaching any new Halachos that pertain to that Perat, then the
Halachah of the verse is limited and applies only to the Perat.
2) [line 6] KELAL U'FRAT U'KELAL; IY ATAH DAN ELA K'EIN HA'PERAT
According to the approach that learns Kelalei u'Fratei (see previous entry),
when a Kelal is followed by a Perat, which is followed in turn by another
Kelal, then everything belonging to the general category that is similar to
the Perat is included. Anything that is not in the *general category* of the
limiting Perat is not included.
3) [line 9] DAVAR SH'NIVLASAH METAM'AH B'MAGA U'MASA {INCLUDE OFOS}
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). The Neveilah of a bird,
though, does not make an object Tamei through Maga and Masa.
4) [line 15] KADOSH BI'VECHORAH (PETER CHAMOR)
(a) There is a Mitzvah to redeem each firstborn male donkey, as the verse
states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani...v'Chol *Peter
Chamor* Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto" - "And it shall come to pass
that when HaSh-m brings you to the land of the Kena'ani... And every
*firstborn donkey* must be redeemed with a sheep [that is given to a Kohen].
If it is not redeemed, you must decapitate it" (Shemos 13:11-13).
(b) The Kedushah of Bechor rests on every first-born male of an ox, goat or
sheep when it comes out of its mother's womb. Nevertheless, there is a
Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim
15:19). He must then give it to a Kohen; it may not be redeemed.
5) [line 16] KOL D'VAR MISAH - anything which can die (i.e. any living
creature)
6) [line 22] CHADTEI - new ones
7) [line 23] MIFKE'EI ME'HEVLA - they break/crack from the Hevel in the Bor
8) [line 34] SEH D'AVEIDAH - the word "Seh" written in the verse (Shemos
22:8) that discusses the Mitzvah to return a loss object
54b---------------------------------------54b
9) [line 10] MIN BEN DA'AS - a type [of living thing] that has intelligence
(i.e. a person, even though the specific person being damaged might be a
Shoteh and does not have intelligence)
10) [line 16] HAFRASHAS HAR SINAI (HAGBALAH)
At the time that the Torah was given, Har Sinai was off limits to all people
(except for Moshe Rabeinu A"H) and even to animals and birds. Any animal or
bird who stepped on the mountain was to be stoned, as described in Shemos
19:13 and in Sanhedrin 15b. This only applied during the year that the Torah
was given; it does not apply today.
11) [line 17] HASHAVAS AVEIDAH - The Torah (Devarim 22:1-3) commands that a
person who finds a lost object must return it to the owner. This Mitzvah
applies at all times and is not limited to any particular time, and
therefore a woman is obligated in this Mitzvah, as in all Mitzvos Aseh
she'Lo ha'Zeman Geraman.
12) [line 17] PERIKAH - the Mitzvah of unloading and helping an animal that
has fallen under its load, as commanded in Shemos 23:5
13) [line 17] CHASIMAH - the prohibition against muzzling an ox when it is
threshing grain -- "Lo Sachsom Shor b'Disho" (Devarim 25:4)
14) [line 17] KIL'AYIM (CHARISHAH / HARBA'AH)
(KIL'AYIM)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items,
each of which is permitted, which the Torah prohibits to combine. Many
different types of forbidden mixtures can be referred to by the term
"Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem, Kil'ei
Zera'im and Harkavas ha'Ilan. Two types of Kil'ayim apply to animals:
Harba'ah, and Charishah b'Shor va'Chamor. One type of Kil'ayim applies to
clothing: Sha'atnez. (It is also prohibited to cook meat and milk together,
but this is not referred to as "Kil'ayim.") Our Gemara refers to Kil'ayim of
animals.
(b) HARBA'AS BEHEMAH refers to the prohibition of mating together any two
different types of animals or birds (Bava Kama 55b), as the Torah states,
"Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally
transgresses this prohibition is liable to Malkos.
1. Animals that are produced through Harba'as Behemah are permitted to be
used (see Tosfos Chagigah 2b DH Lisa).
(c) CHARISHAH B'SHOR VA'CHAMOR refers to the prohibition of doing any type
of work with two different types of animals, as the Torah states "Lo
Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). One who intentionally
transgresses this prohibition is liable to Malkos.
1. Some rule that the Torah prohibition applies to doing work with any two
types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The
RAMBAM (ibid., Kil'ayim 9:9), however, rules that the Torah only prohibits
doing work with one kosher and one non-kosher animal together, such as an ox
and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two
types of animals, even if they are both kosher or both non-kosher.
15) [line 17] SHABBOS (SHEVISAS BEHEMAH)
"Shevisas Behemah" is a positive commandment. One is required to allow his
animals to rest on Shabbos as it states (Shemos 23:12) "Lima'an Yanu'ach
Shorcha va'Chamorecha" - "so that your ox and your donkey may rest." If one
causes his animal to do work (i.e., one of the 39 categories of Melachah) on
Shabbos, whether or not he is present at the time he transgresses a positive
commandment.
16) [line 17] CHAYAH - (a term usually used for wild animals) non-farm
animals, e.g. deer and gazelles. (No Korban is brought from a Chayah (but
only from domesticated animals, such as oxen, sheep, and goats), and a
Chayah may not be offered on the Mizbe'ach.)
17) [line 18] DIBER HA'KASUV BA'HOVEH - the verse discusses that which is
usual and normal to occur
18) [line 20] "IM BEHEMAH IM ISH YO YICHYEH" - "... whether animal or man,
he shall not live." (Shemos 19:13)
19) [line 21] BEHEMAH - farm animals; livestock, e.g. cows, sheep and goats
20) [line 21] "AL KOL DEVAR PESHA..." - "In every case of liability..."
(Shemos 22:8)
21) [line 22] KALAL KOL D'VAR PESHI'AH - it includes all subjects of
liability (even non-living items, in the obligation for one to pay Tashlumei
Kefel)
22a) [line 26] DIBROS HA'RISHONOS - the first set of the Aseres ha'Dibros
(in Parshas Yisro)
b) [line 26] DIBROS HA'ACHARONOS - the second set of the Aseres ha'Dibros
(in Parshas Va'eschanan)
23) [line 39] MA'ASER (MA'ASER SHENI)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and
it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei
Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
24) [line 40] "V'NASATA HA'KESEF B'CHOL ASHER TE'AVEH NAF'SHECHA, BA'BAKAR
U'VA'TZON U'VA'YAYIN U'VA'SHECHAR UV'CHOL ASHER TISH'ALCHA NAFSHECHA" - "And
you may spend the money for anything that your soul desires, for cattle, for
sheep, for wine or for other intoxicating beverage, or for anything for
which your soul desires." (Devarim 14:26)
25) [line 42] PRI MI'PRI - an object that has been produced from something
that has been produced
26) [line 49] ALAMAH TENAN - why was it taught in the [following] Mishnah
27) [line 50] PAPONA'EI - the scholars of Paphunia, a town in Bavel.
Specifically, this refers to Rav Acha bar Yakov
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