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Bava Kama 64
1) [line 17] PERAT U'KELAL; NA'ASEH KELAL MOSIF AL HA'PERAT
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra),
Rebbi Yishmael, who is Doresh Kelalei and Peratei (see below, entry #9),
lists thirteen methods that Chazal use for extracting the Halachah from the
verses of the Torah. One of them is Perat u'Chlal, [Na'aseh Kelal Mosif Al
ha'Perat].
(b) When a Perat (specification) is followed by a Kelal (general term), then
the Halachah of the verse is all-inclusive and applies to all of the cases
of the general category.
2) [line 21] KELAL U'PRAT; EIN BA'KELAL ELA MAH SHEBA'PERAT
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra),
Rebbi Yishmael, who is Doresh Kelalei and Peratei (see below, entry #9),
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.
3) [line 24] V'HA LO DAMI KELALA VASRA LI'CHELALA KAMA - but the final Kelal
is not similar to the first Kelal
4) [line 27] "IM HIMATZEI TIMATZEI..." - "If the theft be at all found [in
his hand alive, whether it be an ox, or a donkey, or a sheep; he shall
restore double.]" (Shemos 22:3)
64b---------------------------------------64b
5) [line 7] V'HA SHNEI CHELALOS DI'SEMICHEI A'HADADEI NINHU? - but they are
two Kelalos (general terms) that are next to each other?
6) [line 8] KED'AMREI BMA'ARAVA - like they say in the west (i.e. Eretz
Yisrael)
7) [line 8] KOL MAKOM SHE'ATAH MOTZEH SHTEI KELALOS HA'SEMUCHIM ZEH LA'ZEH
... - wherever you find two Kelalos (general terms) written together
followed by a Perat (a specific term), we interpret the Pasuk the same as a
Kelal u'Frat u'Chlal, as if the specification is written in between the two.
8a) [line 14] DAVAR HA'MITALTEL - a movable object
b) [line 14] V'GUFO MAMON - and it has intrinsic monetary value
9) [line 18] RIBAH U'MI'ET V'RIBAH HU (RIBUYEI U'MI'UTEI)
(a) In order to extract the Halachah from the verses of the Torah, many
Tana'im interpret the verses on the basis of Kelalim (generalizations) and
Peratim (specifications). Others interpret the verses on the basis of
Ribuyim (inclusions, i.e. qualifications that enlarge the scope of the law)
and Mi'utim (exclusions).
(b) According to the approach that learns Kelalei u'Fratei, 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. According to the approach that learns Ribuyei
u'Mi'utei, the outcome mentioned previously (for Kelal u'Frat u'Chlal) is
already achieved when a Ribuy is followed only by a Mi'ut. When a Ribuy is
followed by a Mi'ut and the Mi'ut is followed in turn by another Ribuy, then
everything is included except for *one item* that is totally dissimilar to
the limiting Mi'ut. (This means that the verse will include *more* instances
than the first opinion assumed.)
10) [line 20] BA'MAYIM BA'MAYIM 2 PE'AMIM - it states the word "ba'Mayim"
two times with regard to Kosher fish in the same verse: "mi'Kol Asher
ba'Mayim" and "Kol Asher Lo Senapir v'Kaskeses ba'Mayim" (Vayikra 11:9)
11) [line 25] ACHYEI LA'KEREN K'EIN SHE'GANAV - restore (lit. keep alive)
the principle (the value of the animal) like it was at the time that it was
stolen
12) [line 30] MODEH BI'KENAS V'ACHAR KACH BA'U EDIM, PATUR
Any payment that involves over-compensation for a monetary loss is
considered a "Kenas" (penalty) rather than "Mamon" (compensation). In every
case of Kenas, the liable party does not have to pay the Kenas 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 the Kenas (Bava Kama 74b-75a -- he is exempted from payment,
according to the lenient opinion, only if his admission took place under
specific circumstances). Until one is obligated to pay a Kenas in court, he
is fully exempt from payment and does not even have a moral obligation to
pay it on his own accord (RASHBA to Bava Kama 74b, see also RAMBAN in
Milchamos HaSh-m at the end of the third Perek of Kesuvos).
13) [line 43] KOL PARSHAH SHE'NE'EMRAH V'NISHNEIS LO NISHNEIS ELA LA'DAVAR
SHE'NISCHADESH BAH - any topic that is taught in the Torah and is repeated
elsewhere in the Torah comes to teach a new Halachah with respect to that
topic
14) [line 46] AMART, LO KACH HAYAH! - You must conclude that this is not the
correct approach!
15) [last line] "YADO" - "his hand" (Shemos 22:3)
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