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Bava Kama 101
BAVA KAMA 101 (19 Cheshvan) - Dedicated l'Iluy Nishmas Chaim Mordechai ben
Harav Yisrael Azriel (Feldman) of Milwaukee by the members of his family.
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1) [line 1] KAFRA DUDEI - the cleaning out of the cauldron (this refers to
the dye, or sediment of dye, that remains at the bottom of the cauldron in
which the dye is made)
2) [line 1] CHARASH - carpenter
3a) [line 2] KISEI - a chair
b) [line 2] SAFSAL - a bench
4) [line 8] KA'UR - ugly
5) [line 12] YESH SHEVACH SAMANIN AL HA'TZEMER - (lit. is there an increase
of value of the dyes on the wool) when one steals a dye and uses it to color
wool, does that color have the value of the dye, such that when the thief
returns the wool, he has also returned the dye that he stole?
6) [line 14] DAKINHU - he ground them
7) [line 14] TARANHU - he soaked them
8) [line 25] TZAFON - (O.F. savon) soap
9) [line 33] KOFA - monkey
10) [line 36] KELIPEI ORLAH - the shells or peals of fruits of Orlah
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)
11) [line 37] YIDALEK - it must be burned
12) [line 37] CHAZUSA MILSA HI - appearance is considered a tangible entity
(such that one who uses dyes of Orlah to color a garment (and alter its
appearance) is considered to have used an item of Orlah in a forbidden way,
and he must burn the garment)
13) [line 37] HANA'AH HA'NIR'EH LA'EINAYIM ASRAH TORAH - [when the Torah
prohibits deriving benefit from items that are Isurei Hana'ah,] the Torah
prohibits even a form of benefit which is not physical, but is apparent to
the eyes (such as using an dye of Isurei Hana'ah to color an item)
14) [line 38] "[V'CHI SAVO'U EL HA'ARETZ, U'NTATEM KOL ETZ MA'ACHAL,]
VA'ARALTEM ORLASO ES PIRYO; [SHALOSH SHANIM YIHEYEH LACHEM] ARELIM, LO
YE'ACHEL" - "[When you come to the land and you plant any tree of edible
fruit,] you shall make its fruit forbidden; [for three years it will be to
you] forbidden food, it may not be eaten." (Vayikra 19:23)
15) [last line] KELIPEI SHEVI'IS - the shells or peals of fruits of Shevi'is
SHEVI'IS
(a) 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.
(b) The Shemitah year is meant to teach the Jewish people to rely on HaSh-m
for their sustenance, a fact that is not always clear to them during the six
years in which they work their own fields.
16) [last line] "[KI YOVEL HI, KODESH] TIHEYEH [LACHEM]" - "[It is a Yovel
year,] it shall be [holy to you.]" (Vayikra 25:12) - Even though the verse
is referring to Yovel, the Gemara cites it with regard to fruits of Shevi'is
because the laws of Yovel and Shevi'is are the same (RITVA to Kidushin 58).
101b---------------------------------------101b
17) [line 3] REVI'IS DAM (OHEL)
(a) The blood that comes out of a dead body is Metamei b'Ohel if there is a
Revi'is (approximately 75, 86 or 150 cc, depending upon the differing
Halachic opinions) of it is in one location.
(b) Rebbi Akiva rules that a Revi'is of blood is also Metamei if it came out
of two different people, however, the Rabanan (Sanhedrin 4a) rule that the
Revi'is of blood must come out of one person for it to be Metamei b'Ohel
(see Insights to Nazir 38:1). The Halachah follows the opinion of the
Rabanan.
18) [line 9] DAM TEVUSAH
When there is a doubt as to whether blood came out while the person was
still alive (and it is not Metamei) or after he died (and it is Metamei), it
is not Metamei mid'Oraisa. The Rabanan decreed that it is Tamei. There are
various opinions (Nidah 71a) as to the scenario which creates Dam Tevusah
(see Insights to Nidah 71:2).
19) [line 10] MI'MIN HA'TZOV'IN - from a species that can be used to make
dyes
20) [line 10] SEFICHEI SATIS V'KOTZAH (SEFICHIN) - safflower (O.F. crog)
(which produces a red dye) and woad (O.F. guesde) (a plant that produces
blue dye) which grew on their own from the remainder of the previous crop.
The word "Sefichim" means "aftergrowth," i.e. that they grew by themselves
and were not planted for harvesting this year.
SEFICHIN (Plants that grow by themselves in the Shemitah year)
(a) 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. 3. The Torah also requires that they be eaten in the normal way for
each fruit.
(b) The word "Sefichim" means "aftergrowth," i.e. that they grew by
themselves and were not planted for harvesting this year. According to the
Torah, Sefichim may be eaten. The Rabanan decreed that Sefichin of
vegetables and grains not be eaten, since the people might plant their
fields and claim that the produce grew by itself.
21) [line 11] DEMEIHEN - their money/value (that is received in exchange for
the plants)
22) [line 11] BI'UR
(a) See above, entry #20, Shevi'is.
(b) In addition, when each type of produce is no longer available in the
fields, there is an obligation to perform Bi'ur on it and on all of the
items for which it was exchanged (Pesachim 52a). The Rishonim argue with
regard to the definition of Bi'ur.
1. The Ramban (to Vayikra 25:7) writes that one is obligated to remove the
items from his house and *declare them Hefker (ownerless)* such that they
may be taken by any passerby. (One may later re-acquire ownership of the
produce.) If Bi'ur was not done at the right time, the produce becomes Asur
b'Hana'ah mid'Rabanan.
2. According to the Rambam (Hilchos Shemitah 7:3), Bi'ur means to destroy
the produce completely. At the time that it is no longer available in the
fields, eating it becomes prohibited.
3. The Ra'avad (ibid.) rules that there are two types of Bi'ur. At the time
that an item of produce becomes unavailable in the fields *in a certain
place*, one must declare it Hefker (like the opinion of the Ramban). At the
time that it becomes unavailable *in all of Eretz Yisrael*, one must destroy
the produce completely (like the opinion of the Rambam).
23a) [line 13] ALEI KANIM - leaves of reeds (i.e. of any type of tree that
grows in the form of a cane or reed, such as sugar cane)
b) [line 13] ALEI GEFANIM - grape leaves
24) [line 14] SHE'GIBEVAN B'CHEVA AL PENEI HA'SADEH - that a person gathered
and placed in a storage house in the field
25) [line 17] "L'OCHLAH" - "[And the produce of the year of the Sabbath of
the land shall be for you] to eat...." (Vayikra 25:6)
26) [line 17] MI SHE'HANA'ASO U'VIURO SHAVIN - an item from which one
derives benefit at the same time that it is being consumed
27) [last line] ETZIM D'MISHCHAN - wood of the pine-tree (that is lit as a
torch)
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