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Bava Kama 69
1) [line 8] HALACHAH KI'SETAM MISHNAH - Rebbi Yochanan rules that the
Halachah follows the opinion in a Mishnah that is recorded anonymously
("Stam")
2) [line 9] KEREM REVA'I - see Background to previous Daf (68b), entry #7b
3) [line 9] HAYU METZAININ OSO - they would mark it
4) [line 9] KEZUZOS ADAMAH - clods of earth (mud)
5) [line 11] KI MIFREKA - when it is redeemed
6) [line 12] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are
called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he
derives benefit from Orlah (or any other food that is Asur b'Hana'ah),
according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH
Ela), while according to others, he is only punished with Makas Mardus, a
Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 --
see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)
7) [line 12] CHARSIS - a clay shard, piece of pottery
8) [line 14] SID - lime (plaster)
9) [line 14] D'CHIVAR K'ATZAMOS - which is white like bones
10) [line 15] MEMACHAH V'SHOFECH - smear [the lime with water] and pour it
[around the grave]
11) [line 17] SHEVI'IS
The Torah requires that farmers desist from working the land every seventh
year, as described in Vayikra 25:1-7. The fruits that grow during the
seventh (Shevi'is) year are holy to the extent that 1. they must be
considered ownerless; anyone may come into any field and pick the fruit that
he intends to eat. 2. The fruits may not be bought and sold in a normal
fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits
of Shevi'is be used only for eating or drinking (in the normal manner of
eating for that type of fruit) or for burning to provide light (in the case
of oil). They may not be wasted or used for medicinal purposes or animal
fodder, etc.
12) [line 17] SHE'AR SHENEI SHAVU'A - the other six years of the seven-year
Shemitah cycle, excluding the Shemitah year
13) [line 18] HAL'ITEHU L'RASHA V'YAMOS - feed it to the wicked one and let
him die (see Insights)
14a) [line 23] KOL MAKOM SHE'SHANAH RASHBA"G B'MISHNASEINU, HALACHAH
K'MOSO - every place in the Mishnayos in which Raban Shimon ben Gamliel
teaches [his opinion], the Halachah follows his opinion
b) [line 23] CHUTZ ME'AREV V'TZIDON V'RA'AYAH ACHARONAH - except for the
cases of Arev (a guarantor), Tzidon (the city of Sidon) and Ra'ayah
Acharonah (the latter case of proof), as follows:
(a) AREV (Bava Basra 173b-174a): The Chachamim rule that a loan may be given
on the condition that the creditor can collect from the debtor's guarantor
(Arev Kablan) before first going to the debtor. Raban Shimon ben Gamliel
rules that if the debtor has property, the creditor must collect from him,
even if the loan was given under the above conditions.
(b) TZIDON (Gitin 74a): It occurred once in Tzidon that a man said to his
wife, "This will be a valid Get (bill of divorce) on condition that you
bring to me my robe," and then the robe was lost. According to the Rabanan,
the Get is annulled and void. Raban Shimon ben Gamliel maintains that she
may give the value of the robe and the Get will be effective.
(c) RA'AYAH ACHARONAH (Sanhedrin 31a): The Chachamim rule that a litigant,
after being instructed in Beis Din to prove his case, who says, "I do not
have any proof," may not use any proof that he may subsequently find as
valid evidence. (Since he already admitted to not having proof, we suspect
that the documents that he brings afterwards may be forged.) Raban Shimon
ben Gamliel rules that we acknowledge the possibility that he did not know
about the evidence for his case at the moment that he said he did not have
proof, and he may therefore use the proof he subsequently finds as valid
evidence. (The Mishnah previously quoted a ruling of Raban Shimon ben
Gamliel with regard to a *different* case involving proof in which the
Halachah *does* follow his opinion. Hence the latter case is known as
"Ra'ayah Acharonah.")
15a) [line 24] HA'NILKAT - that (fruit) which was picked
b) [line 24] HA'MISLAKET - that (fruit) which will be picked
16) [line 27] L'ITOSEI EREV - towards evening-time
17) [last line] BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im
as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e.
Bereirah doesn't work). Bereirah means making one's action contingent
retroactively on future events. Examples of this are: selling an object on
the condition that it rains tomorrow; buying or selling *today* an object
that will be selected tomorrow. "Ein Bereirah" means that such a stipulation
does not work. An action cannot be contingent on a future event. The Ran
(Nedarim 45b) explains the logic of this rule by saying, "It is not proper
for something to take effect, when there remains a doubt on *what* it will
take effect" (See Insights to Chulin 15:2.). "Yesh Bereirah" means that such
a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question
that the action works -- even if the people involved in the action are not
aware as to whether the past event did or did not take place. Example: If a
person makes two Eruvei Techumin before sundown on Erev Shabbos, in two
different directions, and stipulates "if my Rebbi is *presently* staying in
a village towards the East, I would like the Eastern Eruv to work, if not, I
would like the Western Eruv to work." The man making the Eruv may not know
where his Rebbi is, but when he finds out, the Eruv will have taken effect
on the side that he stipulated.
(c) We find dozens of instances in the Gemara where a person may perform an
action "on the condition that..." (b'Tenai). For example, a man may buy or
sell an object or divorce his wife on the condition that the other party
pays or does whatever the first party specifies. If the condition is not
kept *in the future*, the sale or divorce is annulled. This situation is not
called Bereirah -- see Insights to Yoma 56:1.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding
Biblical questions (mid'Oraisa), we assume that Bereirah does not work
(l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely
on Bereirah.
69b---------------------------------------69b
18) [line 1] KUSIM (KUSIM GEREI ARAYOS HEM / GEREI EMES HEM)
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made
them settle in the Shomron. They converted to Judaism after they found
themselves under attack from lions. The Chachamim disagree as to whether
their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an
image of a dove and the Chachamim gave them the status of Nochrim.
(According to most Rishonim, this means that they decided to treat them like
Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM
(Peirush ha'Mishnayos), however, this means that they decided that their
conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all
Halachic matters.) Our Gemara is referring to a case before they lost their
status of full-fledged Jews.
19) [line 2] TERUMAH \ MA'ASER RISHON \ MA'ASER SHNENI
(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.
20) [line 1] MEICHAL V'SHOSEH - (a) he redeems ("Meichal", short for
"Mechalel") the Ma'aser Sheni and then he may drink the wine (RASHI); (b) he
may begin ("Meichal," short for "Maschil") to drink the wine (RABEINU
GERSHOM to Me'ilah 22a)
21) [line 11] HA'ACHIN SHE'CHALKU LEKUCHOS HEN, U'MACHZIRIN ZEH LA'ZEH
BA'YOVEL
(a) When a person dies, his estate is divided up among his sons. The
Amora'im argue whether the way the estate is ultimately divided can
retroactively determine what each brother inherited at the time of the
father's death, or not. Rebbi Yochanan is of the opinion that even when the
brothers later divide the estate, we *cannot determine retroactively* that
the land each brother now has is the same land he inherited at the time of
death. Rather, we say that by dividing up the property, the brothers agree
to "trade" their true portions, wherever they are, with each other for
portions of equal value elsewhere.
(b) There is a Halachic difference between whether the inheritance is
retroactive or not. If the inheritance is retroactive, no purchase or
trading has occurred. Therefore, in the year of the Yovel they need not
return the land to each other and re-divide the estate. However, if the
inheritance is not retroactive and a trade *has* occurred, when Yovel
arrives the brothers must return to each other their portions, after which
they re-divide the estate, as if they had purchased their shares from each
other.
22) [line 13] SETAMA ACHARINA ASHKACH - he found another Mishnah recorded
anonymously
23) [line 15] "V'GUNAV MI'BEIS HA'ISH" - "And they are stolen from the house
of the person." (Shemos 22:6)
24) [line 21] MAH BEISO BI'RESHUSO, AF KOL BI'RESHUSO - Just like one's
house is in his domain, so, too, everything [that he wants to be Makdish]
must be in his domain. This teaches that a person may only be Makdish an
object under two conditions: (a) It belongs to him, and (b) It is under his
control.
25) [line 31] MA'ASER MAMON GAVO'AH HU (MA'ASER, MAMON HEKDESH HU / MAMON
HEDYOT HU)
(a) The Tana'im argue as to whether Ma'aser Sheni (see above, entry #19)
produce is Mamon Gavo'ah (the property of HaSh-m's estate) or Mamon Hedyot
(the property of its [mortal] owner (Kidushin 54b).
(b) According to Rebbi Meir, who rules that it is Mamon Gavo'ah, Ma'aser
Sheni is not personal property. The owner is only given custodianship of the
produce, along with the right to eat it, drink it or (in the case of oil)
rub with it (Rashi here and Yevamos 73a). According to the Rabanan who rule
Mamon Hedyot Hu, Ma'aser Sheni is like any other personal property, except
that the Halachah requires that it be eaten in a specific manner and place
(see Background to Sukah 34:15).
26) [line 32] "V'IM GA'OL YIG'AL ISH MI'MA'ASRO, CHAMISHISO YOSIF ALAV" -
If a person wants to redeem any of his tithes, he must add a fifth to it."
(Vayikra 27:31)
27) [line 34] " ... KODESH HILULIM ..." - "[In the fourth year, all of its
fruits will be] holy, for praises to HaSh-m." (Vayikra 19:24)
28) [line 39] LEKET
"Leket" refers to individual (one or two) stalks of grain that inadvertently
slipped out of the reaper's hand while he harvested them (by cutting them
underneath with a sickle) or while he uprooted them (if he is not using a
sickle) (SEFER HA'CHINUCH #218; see Pe'ah 4:10 and Chidushei Anshei Shem).
Such stalks may not be retrieved by the owner but must be left for the poor,
as described in Vayikra (19:9-10), "v'Leket Ketzircha Lo Selaket...le'Ani
vela'Ger Ta'azov Osam." - "Do not pick up the individual stalks that have
fallen from the harvest...you shall leave them (the gifts of Pe'ah, Leket,
Olelos and Peret) for the poor and the stranger." If three stalks fall
together, they are not considered Leket and may be retrieved by the owner.
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