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Bava Kama 85
BAVA KAMA 85 (3 Cheshvan) - dedicated l'Iluy Nishmas Malka bas Menashe (and
Golda) Krause, by her daughter, Gitle Bekelnitzky. Under both material and
spiritual duress, she and her husband raised their children in the spirit of
our fathers, imbuing them with a love for Torah and Yiddishkeit. Her home
was always open to the needy, even when her family did not have enough to
feed themselves.
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1) [line 1] KELAL U'PERAT HA'MERUCHAKIM ZEH MI'ZEH / 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.
(c) Our Gemara suggests that when the Perat is distanced from the Kelal by
the interruption of an additional phrase (such as is the case in the verse
our Gemara is discussing, "Keviyah Tachas Keviyah, Petza Tachas Patza,
Chaburah Tachas Chaburah" (Shemos 21:25), with the Perat ("Chaburah")
separated from the Kelal ("Keviyah") by an additional phrase ("Petza")),
Rebbi and Ben Azai argue whether we apply the rule of Kelal u'Perat or not.
2) [line 9] B'SHUFTANEI ASKINAN?! - are we dealing with fools?!
3a) [line 12] KESIFA LEI MILSA - the thing (i.e. having his flesh thrown to
the dogs) is disgraceful to him
b) [line 12] L'MISHKAL MI'BESARO L'MISHADYEI LI'KELAVIM - to take from his
flesh and throw it to dogs
4) [line 14] YADO HA'MUCHTAV LA'MALCHUS - his hand upon which there is a
warrant from the king that it be cut off
5a) [line 15] SAM - acid (that corrodes a hole in the flesh)
b) [line 15] SAYIF - a sword
6) [line 19] LITOL ZEH MI'ZEH MAH SHE'NASAN ZEH - for this person (the
Nizak) to take from this person (the Mazik) the amount that this person (one
whose hand must be cut off by the verdict of the king) would give (to have
his hand cut off painlessly with acid and not with a sword)
7) [line 21] NISTERAH HA'MAKAH - the wound became worse
8) [line 29] ASHKACHTINHU L'RABANAN B'VEI RAV - I found them, the Rabanan,
in the house of study
9) [line 30] MAKAH NITNAH L'EGED - a wound is able and permitted to be
wrapped up
10) [line 32] TANA BEI KERA - the verse repeats it
11) [line 37] "RAK [SHIVTO YITEN V'RAPO YERAPEI]" - "[He] just [must give
him compensation for lost work, and he must completely heal him.]" (Shemos
21:19)
12) [line 41] MI'KAN SHE'NITAN RESHUS L'ROFEI L'RAP'OS - from here (the
extra word in the phrase, "v'Rapo Yerapei") [we learn] that permission is
given to a doctor to heal. See Insights to 85:1.
13) [line 49] GARGUSNI - dead flesh
14) [line 50] NA'ASA KERICHTA - dead flesh
15) [line 50] MAI ASUSEI - what is its cure?
16a) [line 50] AHALA - (O.F. aloen) aloe
b) [line 50] KIRA - wax
c) [line 50] KALBA - (O.F. resin) resin
17) [line 51] ASYACH ANA - I will heal you
18) [line 51] DAMIS ALAI K'ARYA ARBA - you are to me like a lion in ambush
19) [line 51] MAISINA ASYA D'MAGEN B'MAGEN - I will bring a cure that costs
nothing
20) [line 52] ASYA RECHIKA - I will bring a cure from far away (that is very
inexpensive)
21) [line 52] ASYA RECHIKA EINA AVIRA - by the time you bring a cure from
far away, the eye will be blind
22) [line 53] V'IY AMAR LEI HEI'ACH - and if the other one (the Nizak) says
to him (the Mazik)
23) [line 53] HAV LI L'DIDI, V'ANA MASINA NAFSHAI - give me the money, and I
will heal myself
24) [line 53] PASHATA B'NAFSHACH, V'SHAKALT MINAI TEFEI?! - you harm
yourself, and [for it] you take from me extra money?!
25) [line 54] KOTZ LI MEIKATZ - set for me a fixed amount
85b---------------------------------------85b
26a) [line 1] SHOGEG - unintentional [damage]
b) [line 1] MEZID - intentional [damage]
27a) [line 1] ONES - accidental [damage]
b) [line 1] RATZON - willingly [inflicted damage]
28) [line 16] V'SALIK - and it was going away (it was healing)
29) [line 16] V'AISI LEI SAMA CHARIFA - and he brought upon it a strong
chemical
30) [line 17] V'ACHVEREI L'VISREI - and it turned the flesh white (like
leprosy)
31) [line 17] D'TZARICH L'OSVEI LEI SAMA L'ANKUTEI GAVNA D'VISREI - he must
place on it a medicinal cure that will bring back the color of the flesh
32) [line 19] D'HADKEI B'INDERONA U'VATLEI - he locked him in a room and
caused him to lose work
33) [line 20] D'RAK LEI B'APEI - he spit at him in his face
34) [line 22] LAKSAH MIDAS HA'DIN - the attribute of justice has been
smitten
35) [line 23] D'CHI MISPACH HAI GAVRA - (a) for when this person becomes
healed (RASHI); (b) for when this person was fully healthy (TOSFOS)
36) [line 23] AGRA - wage
37) [line 24] DALI DAVLA V'SHAKIL AGRA - he would draw [water with] buckets
and take a [higher] wage
38) [line 25] AZIL B'SHALI'ACH V'SHAKIL AGRA - he would go as a messenger
and take a [higher] wage
39) [line 44] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim,
#9) quotes and discusses various explanations for the word Teiku:
- It is sealed in its container ("Tik") (ARUCH, Erech Tik).
- Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
- Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
40) [line 45] TZAMSAH YADO - his hand withered (and is attached only by the
sinews)
41) [line 46] HA'MAKEH AVIV V'IMO - one who hits his father or his mother
CHAVAL B'AVIV V'IMO (CHOVEL B'AV V'EM)
(a) A person who strikes his father or mother such that blood flows from the
wound, after having received a proper warning that the act is punishable
with death, is liable to the death penalty of Chenek (choking), as it states
in the Torah (Shemos 21:15).
(b) A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to
pay five payments, i.e. four payments in addition to Nezek, which one must
always pay for damages. The five payments are Nezek, Tza'ar, Ripuy, Sheves
and Boshes (see Background to Bava Kama 32:19 for a detailed explanation of
each payment). However, if a person strikes his father or mother, since his
act is of the type that is liable to the death penalty, he is exempt from
the monetary obligation incurred by the act. Therefore he does not have to
pay any of the five payments. (According to most Tana'im, this holds true
even if the person is not actually killed, e.g. if he did not receive a
proper warning -- see Background to Sotah 25:2:a)
(c) If blood does not flow from the wound when the person strikes his father
or mother, the penalty is the same as Chovel b'Chaveiro. (RAMBAM Hilchos
Chovel u'Mazik 4:7)
42) [last line] HA'CHOVEL B'CHAVEIRO B'YOM HA'KIPURIM - one who hits his
friend on Yom Kipur
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