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Bava Kama 63
1) [line 10] METAMEI BEGADIM A'BEIS HA'BELI'AH (NIVLAS OF TAHOR)
(a) Normally, items that are Tamei spread Tum'ah through touching them or
carrying them ('Maga' or 'Masa'). The only object that is Metamei mid'Oraisa
*while being eaten* is Nivlas Of Tahor. Nivlas Of Tahor is a kosher bird
that died or was killed without Shechitah. (This includes a bird that is
unfit to be brought as a Korban upon which Melikah -- see Background to
Kidushin 53:7 -- was performed.) It is *only* Metamei while in the Beis
ha'Beli'ah (throat), during the process of being swallowed.
(b) A Nivlas Of Tahor is Metamei the person eating it, as well as any
clothes or utensils that he is touching at the time that it is in his
throat, giving them the status of "Rishon l'Tum'ah." (Once it is swallowed,
the person remains Tamei, but is only Metamei food and drinks, i.e. he is a
Rishon l'Tum'ah).
2) [line 14] 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.
3) [line 15] "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)
4) [line 19] PRI MI'PRI - an object that has been produced from something
that has been produced
5) [line 32] DAVAR SHE'EINO MESUYAM - an object that does not have any
identifying features
6) [last line] HA'TOEN TA'ANAS GANAV B'AVEIDAH
A person who was watching a lost item that he found, who then claims (when
the owner comes to reclaim his item) falsely that the item was stolen from
him ("To'en Ta'anas Ganav") in order to avoid having to give the owner the
item, 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.
63b---------------------------------------63b
7) [line 1] "...AL KOL AVEIDAH ASHER YOMAR [KI HU ZEH, AD HA'EL-KIM YAVO
DEVAR SHENEIHEM; ASHER YARSHI'UN EL-KIM YESHALEM SHENAYIM L'RE'EIHU.]" -
"...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)
8) [line 2] HEICHAN PIKDONI (SHEVU'AS HA'PIKADON)
If one of the litigants in a court case claims that his opponent owes him
money or is unjustly holding onto an item that belongs to him, the claimant
has the right to force the accused to take an oath that he holds no such
money. The oath that the accused takes to assert that he is not harboring
any money or item is called a Shevu'as ha'Pikadon. If the accused later
admits to his sin, he must return what he stole, pay a fine of Chomesh (a
fifth of the ensuing total, or a *fourth* of the original value of the money
he withheld) and bring a Korban Asham to receive atonement (Vayikra
5:20-26).
9) [line 11] "[KI YITEN ISH EL RE'EHU KESEF O CHELIM LISHMOR, V'GUNAV
MI'BEIS HA'ISH,] IM YIMATZEI HA'GANAV, [YESHALEM SHENAYIM.]" - "[If a man
gives to his friend money or utensils to guard, and they are stolen from the
house of the person,] then if the thief is found, [he shall pay double.]"
(Shemos 22:7)
10) [line 13] "IM LO YIMATZEI HA'GANAV, [V'NIKRAV BA'AL HA'BAYIS EL HA'E-IM
IM LO SHALACH YADO BI'MLECHES RE'EHU.]" - "If the thief is not found, [the
owner of the house shall be brought to the judges [to swear] that he did not
misuse (lit. send his hand upon) his friend's possession. (Shemos 22:8)
11) [line 30] HEKEISHA HU (HEKESH)
(a) One of the methods that Chazal use for extracting the Halachah from the
verses of the Torah is Hekesh, in which two subjects that are mentioned in a
verse are compared. If there are a few possible Halachos that the Hekesh
teaches, we learn them all ("Ein Hekesh l'Mechtzah"). We do not say that it
teaches us only one or two of the Halachos (unless we have an explicit
teaching that excludes a specific Halachah).
(b) Normal questions that can invalidate a Kal va'Chomer (see Background to
Bava Kama 25:1) or a Gezeirah Shavah (see Background to Bava Kama 25:19)
will not invalidate a Hekesh ("Ein Meshivin Al ha'Hekesh").
12) [line 33] DAYO LA'BA MIN HA'DIN LIHEYOS KA'NIDON - it is sufficient to
give the Halachah learned from a Kal va'Chomer the exact status of the
Halachah from which it was learned.
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