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Bava Kama 56
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BAVA KAMA 56 (Rosh Hashanah) - sponsored by Mr. and Mrs. D. Kornfeld in
prayer that Hashem may accept our prayers, in these days of Rachamim, and
speedily grant Klal Yisrael a true and complete redemption from all of their
enemies, returning His Shechinah to Tziyon and His people to His service!
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1) [line 1] KOSEL RA'U'A - a shaky wall
2) [line 3] D'MATYA LEI - it came to him
3) [line 5] TAMUN ITMAR - the Beraisa refers to Tamun (that is, the person
covered up his friend's property before the fire reached it, such that it
was considered Tamun when it was burned by the fire, and thus the owner of
the fire is Patur)
4) [line 10] BEI TREI - a pair [of witnesses]
5) [line 11] "IM LO YAGID V'NASA AVONO" - "If he does not testify, he shall
bear his iniquity." (Vayikra 5:1)
6) [line 12] (SIMAN HA'OSEH B'SAM V'SHALI'ACH CHAVEIRO NISHBAR) - this is a
mnemonic device for remembering the five additional cases in which one is
exempt from laws of man but is liable by the laws of Heaven, which the
Gemara proceeds to enumerate:
1. *ha'Oseh* refers to "*ha'Oseh* Melachah b'Mei Chatas";
2. *b'Sam* refers to "ha'Nosen *Sam* ha'Maves Bifnei Behemas Chaveiro";
3. *v'Shali'ach* refers to "*ha'Shole'ach* Es ha'Be'eirah b'Yad Cheresh, Shoteh, v'Katan";
4. *Chaveiro* refers to "ha'Mavi'is Es *Chaveiro*";
5. *Nishbar* refers to "*Nishberah* Kado b'Reshus ha'Rabim v'Lo Salkah"
7) [line 13] HA'OSEH MELACHAH B'MEI CHATAS UV'FARAS CHATAS - one who
performs any labor with Mei Chatas, or with a Paras Chatas
(a) MEI CHATAS (The water containing the ashes of the Parah Adumah) - If a
person (or utensil) became Tamei through touching a Mes, he must wait seven
days to become Tahor. On the third and seventh days he must have spring
water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on
him. A person who is Tahor dips three Ezov branches (hyssops) that have been
bound together into the mixture, and sprinkles them on the person who is
Tamei. On the seventh day, he immerses in a Mikvah after the mixture is
sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)
(b) PARAS CHATAS - The Parah Adumah, an exclusively red-haired female cow is
burned on Har ha'Zeisim and its ashes are used for making a person Tahor if
he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has
had no other work done with it is fit to be used as a Parah Adumah. A place
is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the
Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its
blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A
cedar branch, some Ezov branches and a piece of crimson wool are thrown into
the carcass of the cow while it is burning. (Bamidbar 19:1-22)
(c) If one does any labor with these items (such as using them as weights to
weigh something on a scale; Gitin 53a), they become invalid for use in the
Taharah process.
8) [line 15] SAM HA'MAVES - deadly poison
9) [line 17] HA'SHOLE'ACH ES HA'BE'ERAH - one who sends a fire (which
damages the property of another person)
10) [line 19] HA'MAV'IS - one who scares (shocks)
11) [line 27] L'MISTEREI KAI - it is waiting to be destroyed
12) [line 33] NIHALACH - for you (i.e. for your benefit)
13) [line 35] DIVREI HA'RAV, V'DIVREI HA'TALMID, DIVREI MI SHOM'IN? - [When
one is commanded by] the words of the master, and the words of the disciple,
to whose words does one listen? (Certainly, one listens to the words of the
master. Thus, if a person acts wrongly and listens to the words of the
disciple (in our case, by accepting money to give false testimony), he is to
be held responsible (and not the one who hired him).)
14) [line 39] DILMA HAVAH MISHTABA L'SHIKRA - perhaps he (the defendant
against the single witness) would have sworn falsely
15) [line 42] CHASARAH - [the animal] dug [and broke the wall]
16) [line 45] TECHILASO BI'PESHI'AH V'SOFO B'ONES - although the eventual
damage was an Ones and something for which the owner would not normally be
responsible, he was negligent in the first place in such a way that could
have led to damages
17) [line 52] KOL TATZDEKA D'IS LAH L'MI'AVAD, AVDA V'NAFKA - any tactic
that it can do [to relieve itself of the suffering], it will do and get out
56b---------------------------------------56b
18) [line 1] KEIVAN D'AFKAHU KAIMA LAH BI'RESHUSAIHU L'CHOL MILEI - since he
took it (the animal) out, it stands in his domain for all purposes (because
he did an act of Meshichah on the animal, and there was a Shinuy Reshus)
(SHINUY RESHUS)
(a) A thief becomes liable for a stolen item (such that if it is destroyed,
he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a
formal Halachically-binding act denoting a change in ownership -- see
Background to Bava Kama 11:14). Similarly, when he makes a Ma'aseh Kinyan on
the item, he acquires it to the extent that if the owner gives up hope of
ever getting it back, and the object becomes "changed" (Shinuy) from its
original state, he need not return the object itself, but rather its value.
(b) The Amora'im argue (Bava Kama 66a) with regard to the methods with which
a thief acquires a stolen object such that he may return its value (and he
need not return the object itself). (See Background to Sukah 30a.)
19) [line 2] D'KAMU LAH B'APAH - they stood in its face (that is, the
bandits did not physically pull the animal; rather, they stood around it and
it walked on its own accord, and whenever it began to walk in a direction
other than where they wanted it to walk, they stood in front of its face in
order for it to redirect itself)
20) [line 6] "HIKISHAH" AMART LAN - the case is where he hit the animal with
a staff, as you taught to us
21) [line 10] MASRO L'SHOMER CHINAM UL'SHO'EL L'NOSEI SACHAR UL'SOCHER (4
SHOMRIM - four types of watchmen mentioned in the Torah)
(a) SHOMER CHINAM - the Shomer Chinam is one who watches his friend's item
for no reimbursement. He is liable for damages only in cases of Peshi'ah
(negligence), but not in cases of theft or loss, and certainly not in a case
of Ones (an unavoidable accident).
(b) SHO'EL - the Sho'el, the borrower, is one who borrows an item from his
friend and is obligated to take care of it. He is liable for damages in
cases of Peshi'ah (negligence), theft or loss, and Ones (an unavoidable
accident). (He is exempt from damages only in a case of "Meisah Machmas
Melachah," when the item was damaged in the normal manner of usage.)
(c) NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to
watch an article. He is liable for damages in cases of Peshi'ah
(negligence), theft or loss, but is not liable in a case of Ones (an
unavoidable accident).
(d) SOCHER - the Socher, or renter, is one who pays money to rent an item
from his friend. He is liable for damages in cases of Peshi'ah (negligence),
theft or loss, but is not liable in a case of Ones (an unavoidable accident)
(RASHI to Bava Kama 4b). (There is actually a Machlokes in Bava Metzia
whether the Socher has the status of the Nosei Sachar, or the status of a
Shomer Chinam).
22) [line 13] SHOMER SHE'MASAR L'SHOMER CHAYAV
When a Shomer who gives the item he is supposed to watch to another Shomer,
he (the first Shomer) is Chayav (even to pay for an Ones that happens to the
object). The owner of the object can say that he trusted only the first
Shomer, and not the second, and thus the first Shomer was negligent in his
Shemirah by giving the object to someone else.
23) [line 15] BARZILEI - his student/apprentice
24) [line 20] SHOMER AVEIDAH - one who watches a lost object until the owner
comes to claim it
25) [line 22] BEHA'HI HANA'AH D'LO BAYA L'MEISVEI LEI RIFTA L'ANYA - with
that benefit that he does not have to give bread to a poor person (OSEK
B'MITZVAH: PERUTAH D'RAV YOSEF)
The Gemara (Sukah 25a) brings the verse "b'Shivtecha b'Veisecha" (Devarim
6:7) to prove that one is not required to do a Mitzvah while he is occupied
with another Mitzvah. As a result, Rav Yosef rules that when one is busy
guarding an Aveidah (a lost item that one found), should a pauper come to
his door he will not be obligated to give him Tzedakah. This penny saved is
a penny earned and therefore it is enough to consider the Shomer Aveidah a
Shomer Sachar (a paid watchman) for he is being "paid" the Perutah that he
need not give to the pauper. Even if the situation does not arise, he is
considered a paid watchman, since the "job" carries with it the possibility
of a financial gain.
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