BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf
Bava Kama 94
1a) [line 2] "GAM" - the word "Gam," "both," in the verse "Lo Savi Esnan
Zonah u'Mechir Kelev Beis HaSh-m El-kecha l'Chol Neder, Ki To'avas HaSh-m
*Gam* Sheneihem" ("You shall not bring the wage of a harlot, or the price of
a dog, into the house of HaSh-m your El-kim for any vow; for *both* of these
are an abomination to HaSh-m your El-kim") (Devarim 23:19)
b) [line 4] "HEM" - the part of the word "Shenei*hem*," "these," in the
same verse
2a) [line 10] TACHANAH - he ground it
b) [line 10] LASHAH - he kneaded it
c) [line 10] AFA'AH - he baked it
3) [line 11] CHALAH
(a) With regard to the Mitzvah of Chalah, the verses state, "...b'Voachem El
ha'Aretz...Reishis Arisoseichem Chalah Tarimu Serumah..." - "[Speak to the
people of Yisrael, and say to them,] 'When you come into the land [where I
bring you, when you eat of the bread of the land, you shall separate a
Terumah (tribute) to HaSh-m.] You shall separate the first of your dough for
a Terumah; [as you do with the Terumah separated from the grain of the
threshing floor, so, too, shall you present this [to the Kohanim.]"
(Bamidbar 15:18-20).
(b) Whenever a person kneads a large dough made from one of the five species
of grain (wheat, barley, oats, rye or spelt), he must separate a small
portion to be given to the Kohen before eating from the dough. This portion
is called Chalah. (The requirement to separate Chalah with a Berachah only
applies to a dough made from the volume of 43.2 Beitzim of flour (about 10
1/2 cups or 2.48 liters). Approximately half of that amount requires Chalah
to be separated without a Berachah.) A baker must separate 1/48 of his dough
as Chalah, while a normal homeowner must separate 1/24. If a person did not
separate Chalah from the dough before it was baked, it must be separated
after it is baked before the baked product can be eaten. Before Chalah is
separated, the dough is called "Tavul l'Chalah," and anyone who eats it
b'Mezid (intentionally) is liable to the punishments of Malkos and Misah
b'Ydei Shamayim (Makos 13a).
(c) Chalah has the Halachos of Terumah, and it must be eaten by Kohanim,
their wives and children, while they are Tehorim. A non-Kohen who eats
Chalah b'Mezid is liable to Malkos and Misah b'Ydei Shamayim (RAMBAM Hilchos
Bikurim 5:14 and Hilchos Terumah 6:6).
(d) Since the verse says, "Reishis *Arisoseichem* Chalah Tarimu Serumah,"
this teaches that Chalah must be separated only from *dough*, but not from
*flour*. If it was separated from flour, it does not have the status of
Chalah.
4) [line 12] MENA'ETZ - blasphemes
5) [line 12] "[U']VOTZE'A BERECH NI'ETZ HASH-M" - "... and the robber
blesses himself about having blasphemed HaSh-m." (Tehilim 10:3) The Gemara
interprets this verse to be saying, "and the robber who makes a blessing (on
food that he stole), has blasphemed HaSh-m."
6) [line 18] KICHESH - if it became weak
7) [line 20] TAKANAS HA'SHAVIM
(a) According to Torah law, a person must return the exact item that he
stole if it is still in its original state, or its value if it is not, as it
states, "v'Heishiv Es ha'Gezeilah Asher Gazal," - "he shall return the
stolen object that he stole" (Vayikra 5:23).
(b) If a beam has been built into a building, although it has not been
changed from its original state, the Chachamim instituted that the thief
need not return the beam itself. He may return its value instead. The reason
this was instituted was so that it is not unnecessarily difficult for him to
repent and change his ways. This is referred to as "Takanas ha'Shavin,"
("the Ordinance of the Penitents"). Our Gemara says that it applies to other
items which the thief stole and in which he made an improvement.
8) [line 21] PE'AH
(a) The corner, or end, of the harvest must be left in the field for the
poor, as it states "Lo Sechaleh Pe'as Sadecha Liktzor...le'Ani vela'Ger
Ta'azov Osam." - "Do not completely harvest the corner of your field...you
shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor
and the stranger" (Vayikra 19:9-10).
9) [line 21] KAMA - standing grain
10) [line 22] OMRIM - bound sheaves of grain
11) [line 23] KRI - a heap of grain
12) [line 24] MIRCHO - he smoothed out the pile of grain in his granary
13) [line 24] ME'ASER V'NOSEN LO (TERUMAH \ MA'ASER RISHON \ MA'ASER SHNENI
\ MATNOS ANIYIM) - the owner must first separate Ma'aser from the produce
and then give it to the poor person
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.
(f) The gifts that a person gives from his produce to the poor (such as
Pe'ah, Leket, and Shikchah) are exempt from Ma'aser. However, if a person
processed the produce and brought it into his home (such as in the case of
Pe'ah) and the obligation to separate Ma'aser took effect, he must first
separate Ma'aser on its behalf and then give it to the poor person, so that
the poor person does not lose out.
14) [line 25] ISAH - dough
15) [line 34] MITZVAH HA'BA'AH B'AVEIRAH
If a person transgresses an Aveirah in order to perform a Mitzvah, the
Mitzvah is invalid. An example is stealing a Lulav in order to fulfill the
Mitzvah of Lulav on the second day of Sukos.
16) [line 38] "TA'AZOV YESEIRA" - the Torah writes an extra word, "Ta'azov,"
to teach an additional Halachah. The Torah states with regard to the Mitzvah
of Pe'ah, "... le'Ani vela'Ger Ta'azov Osam" - "... You shall leave them for
the poor and the stranger" (Vayikra 19:10). It repeats this phrase in
Vayikra 23:22.
17) [line 48] BATZRO - he harvested it
18) [line 48] PERET
Individual (one or two) grapes that fall during the harvest may not be
gathered by the owner of the vine but must be left for the poor, as stated
in Vayikra (19:10), "... u'Feret Karmecha Lo Selaket, le'Ani vela'Ger
Ta'azov Osam" - "... nor shall you gather the fallen grapes of your
vineyard; you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret)
for the poor and the stranger."
19) [line 48] OLELOS
Olelos are incompletely-formed grape clusters, in which no grapes hang from
the tip of the central stem, and the grapes on the side-stems that part from
the central stem do not lie on one another. These clusters must be left
behind on the vine for the poor, as stated in Vayikra (19:10), "v'Charmecha
Lo Se'olel... le'Ani vela'Ger Ta'azov Osam" - "And you shall not glean your
vineyard... you shall leave them (the gifts of Pe'ah, Leket, Olelos and
Peret) for the poor and the stranger."
20) [line 48] SHIKCHAH
If one or two bundles of grain were forgotten in the field when the other
bundles were collected, they must be left for the poor, as described in
Devarim (24:19). Also, one may not backtrack to harvest a row previously
overlooked.
21) [line 49] PATUR MIN HA'MA'ASER (MA'ASER:HEFKER)
(a) See above, entry #13:a-e.
(b) When the owner of produce makes his crops Hefker, they become exempt
from the obligation of Ma'aser. This is derived from the verses that
obligate a person to give Ma'aser only when he is the owner of the produce
(see Devarim 14:22-23), and there is no extra word "Ta'azov" (see above,
entry #16) with regard to Ma'aser that would include produce that had become
Hefker (and was then reclaimed) in the obligation of Ma'aser.
22a) [line 52] GANAV - a thief (who steals surreptitiously)
b) [line 52] GAZLAN - a robber (who brazenly burglarizes and takes the
possessions of others by force)
94b---------------------------------------94b
23) [line 7] HALACHAH KI'SETAM MISHNAH - the Halachah follows the
anonymously-authored Mishnah
24) [line 12] MELAVEI B'RIBIS - those who lend money with interest
(a) It is forbidden to lend money in return for interest (Shemos 22:24,
Vayikra 25:36, Devarim 23:20). Even if interest is charged conditionally,
and it is eventually not collected, the transaction is prohibited mid'Oraisa
according to some Tana'im. It is also forbidden to take money in order to
allow the borrower more time to complete the payment of the loan. (Such
payment is known as "Agar Natar.")
(b) The Torah only forbids charging interest if the rate or amount of
interest for a loan was fixed at the time that the loan was made. This is
called Ribis Ketzutzah. If interest was paid but the amount paid was not
fixed at the time of the loan, or if a higher price was paid in a *sale* in
order that the seller should allow the buyer more time to complete his
payment for the purchase, it is called Avak Ribis. This is forbidden
mid'Rabanan.
(c) Certain payments that are not actually Ribis mid'Oraisa or mid'Rabanan
were prohibited because they have similarities to Ribis. Chazal refer to
this as "Ha'aramas Ribis."
25) [line 12] EIN MEKABLIN MEHEN - - we do not accept compensation from
them. The Rabanan decreed that when a thief or usurer wants to return the
item he stole or money he received as interest, the victim may not accept it
from him. This enactment was done in order to make it easier for thieves to
repent (by protecting the penitent from losing all of his assets as a result
of repayment). (Tosfos here maintains that this decree was enacted by Rebbi
only for his generation.)
26) [line 13] EIN RU'ACH CHACHAMIM NOCHAH HEIMENU - (a) the spirit of the
Sages is not pleased with him (Rashi to Bava Metzia 48a); (b) (alt. EIN
RU'ACH CHOCHMAH...) the spirit of wisdom does not rest within him (Rashi
here, Dikdukei Soferim, see Tosfos Yom Tov to Avos 3:10)
27) [line 17] AVNET - belt
28) [line 27] DAVAR HA'MESUYAM - a specific object, an object that is
identifiable
29) [line 29] "V'NASI V'AMCHA LO SA'OR" - "A leader of your people do not
curse." (Shemos 22:27)
30) [line 30] B'OSEH MA'ASEH AMCHA - one who is acting in the ways of your
people (i.e. he is doing Mitzvos and is not a transgressor)
31) [line 31] MAI BA'I GABEI - what is it doing in his possession?
32) [line 32] AF AL PI SHE'GAVU MACHZIRIN - even though they (the victims)
have collected [compensation], they must return [the compensation]
33) [line 34] AMREI: MACHZIRIN V'EIN MEKABLIN MEHEM - they answer: they (the
thieves and usurers) must return the stolen money, but they (the victims)
may not accept it from them
34) [line 35] LATZEIS YEDEI SHAMAYIM - to fulfill his obligation [of
returning the stolen item] in the hands of Heaven
35) [line 35] RO'IM - shepherds
36) [line 35] GABA'IN - government tax collectors
37) [line 36] MOCHSIN - private tax collectors
38) [line 36] MACHZIRIN L'MAKIRIN - they must compensate those whom they
recognize [as having been the victims of their theft]
39a) [line 38] BOROS - round pits or wells that are dug in the ground;
cisterns
b) [line 38] SHICHIN - narrow elongated wells
c) [line 39] ME'AROS - caves (usually leading to a spring or water source)
Next daf
|