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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!
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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.
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