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Bava Kama 108
1) [line 12] HODAH ME'ATZMO, IYN; AVAL HODAH ACHAR EDIM, LO - if he admit to
making the false Shevu'ah, then yes (he must pay Chomesh); but [this implies
that] if he admit after witnesses came, then no (he does not pay Chomesh;
this is a proof that it is *not* the Shevu'ah that exempts him from the
Chomesh, but it is the obligation to pay Kefel that exempts him)
2) [line 20] V'TA'ANU VO TA'ANAS GANAV - they claimed that it was stolen
from them
3) [line 29] TREI GAVNEI MAMONA - two differentn types of monetary payments
(such as Kefel and Chomesh)
4) [line 32] "[...V'SHILAM OSO B'ROSHO,] VA'CHAMISHISAV YOSEIF ALAV;
[LA'ASHER HU LO YITNENU B'YOM ASHMASO V'ES ASHAMO YAVI...]" - "[Or all that
about which he has sworn falsely; he shall restore it in full,] and shall
add a fifth part more to it, [and give it to him to whom it belongs, in the
day that he admits his guilt.]" (Vayikra 5:24) The word "Chamishisav" is in
the plural, implying that one can be obligated to pay multiple payments of
Chomesh for swearing falsely about a single item.
5) [line 32] HA'TORAH RIBSAH CHAMISHIYOS HARBEH - the Torah included many
payments of Chomesh
108b---------------------------------------108b
6) [line 24] ATUN, KEIVAN D'SHALKISU LECHU DEMEI, ISTELIKASU LECHU
ME'HACHA - you, since you have taken for yourselves money, you have remove
yourselves from here (and you no longer have any involvement with the claim
from the Ganav)
7) [line 26] KI HEICHI D'AT AVADT LAN MILSA, ANAN NAMI AVDINAN LACH - just
like you did for us a favor, we, too, are doing one for you
8) [line 29] NIGNEVAH B'ONES - it was stolen through uncontrollable
circumstances -- i.e. with Listim Mezuyan, an armed bandit
9) [line 42] RABAH ZUTI - Rabah the small
10a) [line 51] V'IM EINO ROTZEH - if he does not want to pay his share of
the inheritance to the other heirs, as the fulfillment of his obligation to
return the stolen property (RASHI, BARTENURA; see, however, TIFERES YISRAEL)
b) [line 51] O SHE'EIN LO - (a) or if he does not have enough property
(RASHI, BARTENURA); (b) of if he does not have sons or brothers (RAMBAM)
c) [line 51] LOVEH - he borrows money
d) [line 51] U'VA'ALEI CHOV BA'IN V'NIFRA'IM - and the lenders come and
are repaid. According to Rashi, the Ganav gives the property that he
inherited (the amount equal to his share of the stolen property) to the
other heirs, in order to fulfill his obligation to return the stolen
property. He may then borrow money against that property, and the lenders
come and collect that property from the hands of the other heirs.
11) [last line] KONAM (KINUYIM)
(a) A person can create a Neder (a vow) or Shevu'ah (an oath) with a Kinuy,
an expression using a corrupted form of a word, such as "Konam" instead of
"Korban" or "Shevusa" instead of "Shevuah" (Nedarim 2a).
(b) The Amora'im argue as to whether these expressions are actual words in
foreign languages that are loosely based on the Hebrew vocabulary, or
whether they are expressions that the Chachamim instituted for the specific
purpose of creating Nedarim (Nedarim 10a). In either case, it is preferable
to use Kinuyim when making a Neder rather than the proper Hebrew term, so
that one should not come to utter the Name of HaSh-m in vain (ibid.); if one
uses the proper Hebrew term it is more likely that one will utter the Holy
Name along with it by association.
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