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Bava Kama 87
1) [line 3] GO'EL HA'DAM - the "avenger of the blood." When a person who
killed unintentionally is banished to one of the six Arei Miklat (cities of
refuge) or one of the forty-two cities of the Leviyim, he must stay there
and not leave the city or its Techum for any reason whatsoever until the
death of the Kohen Gadol who served at the time that he was sentenced to
banishment. If the unintentional murderer leaves his city of refuge, the
Go'el ha'Dam (the closest relative of the murdered person) is permitted to
avenge the death of his relative and kill the murderer.
2) [line 13] RAV YOSEF - (Rav Yosef was blind)
3) [line 13] ME'REISH HAVAH AMINA - At first, I used to say
4) [line 15] LO MIFKEDINA - I am not commanded
5) [line 17] GADOL HA'METZUVEH V'OSEH MI'MI SHE'EINO METZUVEH V'OSEH - one
who performs Mitzvos in which he was commanded receives a greater reward
than one who performs Mitzvos in which he was not commanded (Gemara here;
Kidushin 31a)
6) [line 21] DEMEI VELADOS - the value of fetuses
(a) When a pregnant woman miscarries after being struck accidentally by a
person, the verse states "Ka'asher Yashis Alav Ba'al ha'Ishah..." - "for
whatever the husband will sue him, he will pay [i.e. the value of fetuses],
as determined by the courts" (Shemos 21:22).
(b) If a Shor ha'Mu'ad causes a woman to miscarry, the owner of the bull
does not pay Demei Velados (see also Bava Kama 42a).
7) [line 24] EVED KENA'ANI (a Nochri slave)
(a) A Jew may acquire a Nochri slave or maidservant (Eved Kena'ani or
Shifchah Kena'anis) by purchasing them from their Jewish or Nochri master
and making a Kinyan on the slave with either Kesef (paying money) or Shtar
(receiving a contract) Chazakah (having the slave work for him) or
Chalipin -- the same Kinyanim that are used in the purchase of real-estate
(Mishnah and Beraisa in our Sugya; see Background to Kidushin 13:10:c). In
addition, an Eved Kena'ani can be acquired through Kinyan Meshichah, like
moveable objects (as the Gemara here teaches; see entry #22). A Nochri can
also be acquired as a slave by being captured (Gitin 38a). These Halachos,
and the Halachos mentioned below, apply whether the slave is from the
Kena'ani nation or from another nation. Nevertheless, the generic term used
by the Mishnah and Gemara to refer to Nochri slaves is Eved "Kena'ani,"
since the Torah openly describes Kena'an as a slave (see Rashi to Kidushin
22b DH Sadeh).
(b) A Nochri slave must undergo a process of involuntary conversion, in
which he is circumcised (in the case of a male slave) and immersed in a
Mikvah, after which he becomes obligated in Mitzvos. Regardless of sex, a
Nochri slave is only obligated to keep those Mitzvos in which a Jewish woman
is obligated. The slave is not permitted to marry an ordinary Jew. When the
slave is freed, he automatically becomes a full-fledged Jew and is obligated
to keep all of the Mitzvos, like a normal convert. However, before he is
freed, his exemption from certain Mitzvos and prohibition to marry a Jewish
woman came about as a direct consequence of the slavery. The Rishonim refer
to this as a "Kinyan Isur," a "prohibitive" Kinyan (see Rishonim to Gitin
38a, Kidushin 16a). Another Halachic consideration of the slavery is that if
the slave belongs to a Kohen, he is permitted to eat Terumah as long as he
is owned by the Kohen (Yevamos 66a, based on Vayikra 22:11).
(c) A slave does not independently own property. Rather, any object that the
slave acquires automatically becomes the possession of his master. There is
an argument among the Tana'im as to whether the slave can own something if
it is specifically stipulated, at the time that it is given to him, that it
should not become the master's (Kidushin 23a).
(d) It is not normally permitted to free a Nochri slave, and one who does so
transgresses the Mitzvas Aseh of "l'Olam Bahem Ta'avodu" - "they shall be
your slaves forever" (Vayikra 25:46; Gitin 38a). However, even if the slave
is freed in violation of this Mitzvas Aseh, he indeed becomes a free man.
(e) A Nochri slave may obtain freedom from bondage in one of two ways: by
having their master accept payment for their release, or by having their
master give them a "Get Shichrur," a bill of release (Kidushin 22b). The
Tana'im argue as to whether the payment for the slave's release must be made
by others directly to the master ("Kesef Al Yedei Acherim") or whether the
slave himself can own the money with which he purchases his freedom ("Kesef
Al Yedei Atzmo"). Similarly, the Tana'im argue whether the Get Shichrur must
be given to the slave himself ("Shtar Al Yedei Atzmo") or whether it must be
given to another person, who accepts it on behalf of the Eved. (See Kidushin
Chart #5.)
8) [line 23] CHSH"V - CHERESH, SHOTEH V'KATAN (see Background to Bava Kama
59:36)
9) [line 23] PEGI'ASAN RA'AH - their damage is bad (for they are not
responsible to pay for damage that they cause)
10) [line 28] HA'CHOVEL B'CHAVEIRO B'SHABBOS - one who hits his friend on
Shabbos (thus invoking two punishments -- a Chiyuv Misah for transgressing
the Melachah (Toldah) of drawing blood (Netilas Neshamah) on Shabbos, and an
obligation of monetary compensation for damage incurred to his friend)
11) [line 29] MIPNEI SHE'HU NIDON B'NAFSHO (KAM LEI BED'RABAH MINEI) - since
he is judged with [the loss of] his life. See Background to Bava Kama 71:4.
12) [line 28] BAS KETANAH - one's minor daughter
13) [line 29] KEIVAN D'AKNI LEI RACHMANA SHEVACH NE'URIM LA'AV - since the
Torah gives to the father the earnings, findings, money of Kidushin, etc.,
of his minor daugher ("Shevach" means income or produce, and "Ne'urim"
refers to the age until which the father receives his daughter's income and
produce, as mentioned in the verse regarding the annulment of a daughter's
Nedarim, "bi'Ne'ureha Beis Aviha" (Bamidbar 30:17). "Na'arus" refers to the
first six months of the girl's twelfth year, but in our Gemara in refers to
any time until the end of Na'arus.)
14) [line 30] AFCHESAH MI'KASPAH - he decreased her monetary value
15) [line 31] L'MIMSAR LAH L'MUKEH SHECHIN - to give her [in marriage] to a
person afflicted with boils (or leper)
87b---------------------------------------87b
16) [line 4] MODEH RAV B'SHEVES D'MA'ASEH YADEHA AD SHE'AS BAGRUS D'AVUHA
HAVI - Rav agrees (that the girl's father receives the payment) with regard
to Sheves, because the income that one's daugher earns belongs to her father
until she reaches the age of Bagrus, twelve years and six months of age)
17) [line 7] YA'ASEH LO SEGULAH - he shall make for him a "Segulah"
(investment) [with the money]; the Gemara later explains that the "Segulah"
is either the purchase of a Sefer Torah (capital preservation), or the
purchase of a fruit-producing date-palm (perpetual income, annuity)
18) [line 13] KESH'SEMUCHIM AL SHULCHANO - when they are supported by him
(lit. when they rely on his table)
19) [line 19] ASEH IMI V'EINI ZANCHA - work for me but I will not feed you
20) [line 21] L'URSA, ZIL SHACHAR V'ECHOL - at night, go roam around
[begging] and eat
21) [line 22] "KI TOV LO IMACH" - "[And it shall be, if he (the Jewish
slave) says to you, 'I will not go away from you;' because he loves you and
your house,] because he is well-off with you;" (Devarim 15:16)
22) [line 23] L'HA'ADAFAH - for the surplus [of what she receives for
compensation of Sheves over the minimum amount that is necessary for her
sustenance]
23a) [last line] PETZI'AH - a bruise (with no laceration or puncture of the
skin)
b) [last line] CHABALAH - a wound (with laceration or puncture of the
skin)
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