(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


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 62

BAVA KAMA 62 (Yom Kipur) - Dedicated by Rabbi and Mrs. Kornfeld in honor of the Bat Mitzvah of their daughter, Malkie. May she grow in Yir'as Shamayim and follow in the ways of her illustrious grandparents and ancestors!

1) [line 5] L'HAGDISH GADISH - to set up a stack of grain
2) [line 8] CHIPAN - he covered them

3) [line 10] DINAR ZAHAV (CURRENCY)
(a) Equivalents of coins and amounts used in the Gemara:

  • 1 Maneh = 25 Sela'im = 100 Dinerin [of Kesef, silver]
  • 1 Dinar Zahav = 25 Dinerin
  • 1 Sela = 4 Dinerin
  • 1 Dinar = 6 Ma'in
  • 1 Me'ah = 2 Pundeyonin
  • 1 Pundeyon = 2 Isarin
  • 1 Isar = 6-8 Perutos (based on Kidushin 12a)
(b) Another name for a Dinar of Kesef is a *Zuz*. All of the coins listed above are silver except for the Dinar Zahav, which is gold, and the Perutos, which are copper.

4) [line 14] NETIRUSA D'CHASPA - guarding at the level of protection required for guarding silver

5) [line 24] ASU TAKANAS NIGZAL B'ISHO (SHEVU'AS NIGZAL)
(a) When the Torah requires a person to take an oath, in most cases the person who swears becomes exempt from the claim against him after he swears (Mishnah Shevu'os 44b). The Mishnah (ibid.) lists a number of exceptions to this rule, where the person who swears *collects* his claim after he takes his oath.
(b) One of those people who are "Nishb'ain v'Notlin" ("who swear and collect") is a Nigzal, a person who was robbed. If two witnesses saw the robber enter a person's house and take items, the homeowner may swear and collect anything that he claims that the robber took.

6) [line 24] MASUR (MOSER)
A Moser is an informer, who causes his friend's possessions to be expropriated by a Nochri. When a Moser causes his friend's object to be handed over ("Masur") to the Nochrim, Ameimar asks whether the Takanas ha'Nigzal applies to the object, and the person can swear and claim compensation for the object from the Moser.

7) [line 25] 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.")
(b) 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.

8) [line 27] D'VATASH B'CHASPESA D'CHAVREI - who kicked his friend's safe (that was used almost exclusively to store coins only)

9) [line 27] SHADYEI B'NAHARA - and cast it into the river
10) [line 33] MARGENISA - a gemstone or pearl
11) [line 35] AMID - wealthy
12) [line 35] MEHEIMNA - trustworthy
13) [line 36] LAV KOL KEMINEI - he does not have such power [to swear and collect the value of a Margenisa]

14) [line 37] GAZLAN - a robber (who brazenly burglarizes and takes the possessions of others by force)
b) [line 37] CHAMSAN - an extortionist (who snatches an article and forces the owner to accept money for it)

15) [line 38] (TALUHA) [TALUHU] V'ZAVIN; ZEVINEI ZEVINI - (lit. when they hanged him [in a tree] and he sold [an object or a piece of land,] the sale is a sale, i.e. it is valid)
If a person is physically forced to sell an item or a piece of land (and to accept money for it), as long as he says (even under duress) that he agrees to the sale, the sale is valid (Bava Basra 47b).

16) [last line] HA D'AMAR ROTZEH ANI - in this case (Taluha v'Zavin; Zevinei Zevini), he (the seller) [eventually] said "I want [to sell]!"

62b---------------------------------------62b

17) [line 1] GETZ - a spark
18) [line 1] PATISH - a hammer
19) [line 2] GAMAL SHE'HAYAH TA'UN PISHTAN - a camel that was loaded with flax

20) [line 6] B'NER CHANUKAH PATUR - if the fire of his Chanukah Menorah did damage, he is not liable

21) [line 8] NER CHANUKAH, MITZVAH L'HANICHAH B'SOCH ASARAH - in order to fulfill the Mitzvah of the Chanukah lights when they are placed outside of one's house, they must be placed within ten Tefachim (approximately 76, 80 or 96 cm, depending upon the differing Halachic opinions) of the ground

22) [line 16] SUKAH
(a) Jewish males above the age of thirteen are commanded to sit in a Sukah (a small hut or booth) for the seven days of the holiday of Sukos, as it states, "ba'Sukos Teishevu Shiv'as Yamim" - "You shall sit in Sukos for seven days" (Vayikra 23:42). Women are exempt because it is a Mitzvas Aseh sheha'Zeman Gerama. Sleeping, eating meals and all respectable daily tasks must be done in the Sukah instead of in one's house. Eating snacks and doing temporary duties are permissible outside of the Sukah.
(b) The main part of the Sukah is the roof, or Sechach, for which the Sukah is named. The Sechach is taken from materials that once grew in the ground such as cut branches, wood or bamboo. They must be detached at the time that the Sukah is built, and they cannot be Mekabel Tum'ah (receive Tum'ah, Halachic impurity -- see Background to Nazir 54:13). If they have any Beis Kibul (a part that acts as a container), they are invalid, since utensils are Mekabel Tum'ah.
(c) The Sukah may not be less than ten Tefachim or more than twenty Amos high. The length and width may not be less than seven Tefachim. At least three walls are required, but as long as two adjacent walls are complete, a Halachah l'Moshe mi'Sinai states that the third wall need not be wider than a Tefach (see RAMBAM Hilchos Sukah 4:2).

23) [line 16] MAVOY
A Mavoy is an alleyway that is enclosed on three sides, through which the people of the surrounding courtyards must pass in order to go out to the street (Reshus ha'Rabim). Although mid'Oraisa such a Mavoy is a Reshus ha'Yachid (private domain), nevertheless, the Chachamim prohibited carrying objects in it a distance of four Amos or more. This decree was enacted because of its similarity to a Reshus ha'Rabim, since many families make use of a single Mavoy. Carrying in a Mavoy is only permitted if a beam (Korah) that is a Tefach thick is placed horizontally above the entrance of the Mavoy, or if a stick (Lechi) is placed vertically against one of the walls at the entrance of the Mavoy. The Korah must not be placed higher than 20 Amos, so that it will be noticeable. These signs signal the border of Reshus ha'Rabim and Reshus ha'Yachid.

*****PEREK #7 MERUBAH*****

24) [line 18] TASHLUMEI CHEFEL - a thief's double restitution
(a) If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel."
(b) Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a robber ("Gazlan"), who brazenly burglarizes and takes the possessions of others by force. Chazal explain that the Torah punishes a thief more stringently than a robber because of the disrespect he shows for the Creator. By taking care to avoid the eyes of man, while not being bothered in the least by the eye of the One Above that is constantly watching, he exhibits his lack of belief in HaSh-m (Bava Kama 79b).
(c) A thief does not pay Kefel unless he makes a "Kinyan," an act of acquisition, on the object that he steals (e.g. by lifting it up, bringing it into his own property, drawing it towards himself in a semi-secluded area, etc.). If he simply broke or ruined another person's object without making a Kinyan on it first, he is not considered to be a "Ganav" but a "Mazik" ("one who causes damage"), and he does not pay Kefel.
(d) Kefel, like any other payment that involves over-compensation for a monetary loss, is considered a "Kenas" (penalty) rather than "Mamon" (compensation). As is true of every Kenas, a thief does not have to pay Kefel if he admits to his theft of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to the theft of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay the Kefel (Bava Kama 74b-75a -- he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until he is obligated to pay the Kefel in court, the thief is fully exempt from paying Kefel, and does not even have a moral obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also RAMBAN in Milchamos at the end of the third Perek of Kesuvos).

25) [line 18] TASHLUMEI ARBA'AH VA'CHAMISHAH - a thief's quadruple and quintuple restitution for the theft and subsequent slaughter or sale of a sheep or ox, respectively
(a) If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel" (see previous entry).
(b) If the object that was stolen was a live sheep or ox, and the thief either slaughtered or sold it, the Torah (Shemos 21:37) places an even stiffer fine on the thief. In the case of a stolen sheep that was slaughtered or sold, the thief must compensate the owner a total of four times its actual value ("Arba'ah"), while in the case of a stolen ox that was slaughtered or sold the thief must compensate the owner a total of five times its actual value ("Chamishah"). This law does not apply to any other object or animal that is stolen. Chazal (Bava Kama 79b) explain that the Torah was more lenient with a person who steals a sheep than with one who steals an ox, since he already suffered a somewhat demeaning experience of walking with a sheep on his shoulders (as opposed to the ox-thief, who presumably led the ox on foot before him).
(c) A thief does not pay Arba'ah va'Chamishah for slaughtering a sheep or ox unless he, or a person he appoints, performs a proper ritual slaughter (i.e. a Shechitah of the type that normally permits an animal to be eaten). According to some Amora'im (Bava Kama 68a), a thief does not pay Arba'ah va'Chamishah for *selling* a sheep or ox unless he sold it after "Ye'ush Ba'alim" (i.e. the owner lost all hope of recovering the sheep or ox, see Background to Gitin 37:30:a), while according to others he only pays Arba'ah va'Chamishah if he sells it *before* Ye'ush Ba'alim.
(d) Arba'ah va'Chamishah, like any other payment that involves over-compensation for a monetary loss, is considered a "Kenas" (penalty) rather than "Mamon" (compensation). As is true of every Kenas, a thief does not have to pay Arba'ah va'Chamishah if he admits to his guilt of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to his guilt of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay Arba'ah va'Chamishah (Bava Kama 74b-75a -- he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until he is obligated to pay the Arba'ah va'Chamishah in court, the thief is fully exempt from payment and does not even have a moral obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also RAMBAN in Milchamos HaSh-m at the end of the third Perek of Kesuvos).

26) [line 21] "KI YIGNOV ISH SHOR O SEH, U'TVACHO O MECHARO; CHAMISHAH VAKAR YESHALEM TACHAS HA'SHOR, V'ARBA TZON TACHAS HA'SHE." - "If a person steals an ox or sheep and then slaughters or sells it, he must repay five oxen for each ox, and four sheep for each sheep." (Shemos 21:37)

27) [line 24] TO'EN TA'ANAS GANAV
A To'en Ta'anas Ganav is a person who was watching an item for his friend, who then claims (when the owner comes to reclaim his item) falsely that the item was stolen from him in order to avoid having to return the item to the owner, and in order to avoid having to pay for it (since it a Shomer Chinam is Patur for Geneivah). In such a case, the person must pay Tashlumei Kefel, like a Ganav, as the Gemara (63b) derives from Shemos 22:7.

28) [line 29] MI KETANI "EIN BEIN"? - Does the Mishnah use the phrase "Ein Bein..." - "the only difference is..." [implying that the differences listed are the only ones that exist]?

29) [line 30] TANA V'SHIYER - the Tana taught certain Halachos in the Mishnah and left out other Halachos

30) [line 30] "AL KOL DEVAR PESHA; AL SHOR, AL CHAMOR, AL SEH, AL SALMAH, AL KOL AVEIDAH ASHER YOMAR KI HU ZEH...]" - "In every case of liability, whether it be for an ox, for a donkey, for a sheep, for a garment, or for any kind of lost thing, about which he will say that this is it, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double to his neighbor.]" (Shemos 22:8)

31) [line 32] KELAL U'FRAT U'KELAL IY ATAH DAN ELA K'EIN HA'PERAT
(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 u'Chelal Iy Atah Dan Ela k'Ein ha'Perat.
(b) When a Kelal (general term) is followed by a Perat (specification), 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.

32) [line 34] YATZ'U AVADIM SHE'HUKSHU L'KARKA'OS - slaves are excluded since they are compared to land

33) [line 36] DAVAR SHE'NIVLASO METAMEI B'MAGA UV'MASA
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.

Next daf

Index


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,
daf@shemayisrael.co.il