Ask A Question on the daf

Previous daf

1) [line 2] TAV L'MEISAV TAN DU, MIL'MEISAV ARMELU - it is better to sit together as a couple than to sit alone like a widow

2) [line 33] "MILVAD OLAS HA'BOKER [ASHER L'OLAS HA'TAMID, TA'ASU ES ELEH.]" - "Besides the burnt offering in the morning [that is for the continual burnt offering, you shall offer these.]" (Bamidbar 28:23)

3) [line 35] HA'OLAH, OLAH RISHONAH - when the verse states, "ha'Olah," it refers to the first Olah that is offered every day, the Olas ha'Tamid (Vayikra 6:5)

4) [line 2] DAVAR SHE'YESH BO ACHRAYUS - this phrase is the subject of a disagreement among the Amora'im (see Gemara below and entries #15 and #16 below)

5) [line 12] RESHUS YORESH KI'RSHUS LOKE'ACH DAMI - when an heir takes possession of an inheritance, it is as if the item were sold to an independent party (SHINUY RESHUS; SHINUY MA'ASEH; SHINUY HA'SHEM)
(a) A thief becomes liable for a stolen item (such that if it is destroyed, he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a formal Halachically-binding act denoting a change in ownership -- see Background to Bava Kama 79:7). Similarly, when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent that if the owner gives up hope of ever getting it back, and the object becomes "changed" (Shinuy) from its original state, he need not return the object itself, but rather its value.
(b) The Amora'im argue (Bava Kama 66a) with regard to the methods with which a thief acquires a stolen object such that he may return its value (and he need not return the object itself).

1. YE'USH (Giving up hope) - There is an opinion that "Ye'ush" alone is enough to grant the thief ownership of the stolen object. Ye'ush means that the owner gives up hope of ever getting back his object from the thief, and verbally acknowledges that the loss is irretrievable ("Vai Li l'Chisaron Kis").
2. SHINUY MA'ASEH (A "change" in the use of the object) - There are opinions that Ye'ush alone is *not* enough for the thief to acquire the object, unless the thief effects a "change" (Shinuy) in the object. This applies even to a small Shinuy that does not entirely transform the object, such as affixing the object with clay in a certain place. However, the Shinuy must be irreversible, i.e. it is not "Chozer li'Veriyaso."
3. SHINUY HA'SHEM (A "change" in the object's title or description) - Similarly, according to the latter opinions, Ye'ush grants the thief ownership of the stolen object together with a Shinuy ha'Shem. Shinuy ha'Shem means that the classification of the item has changed and it is henceforth called by a different name, such as when pieces of wood that were stolen and used to cover the roof of a Sukah become called "Sechach."
4. SHINUY RESHUS (A "change" in ownership) - These Amora'im also rule that Ye'ush works together with a Shinuy Reshus. When a thief sells or gives the object to another person after Ye'ush, that person acquires full ownership of the object, and is not required to return it to the previous owner.
5. SHINUY (Transformation of the object) - If a significant change is effected in the object such that it no longer serves its original purpose, the thief acquires the object to the extent that he may keep it and return its value even *before* Ye'ush. This is learned from the verse, "v'Heishiv Es ha'Gezeilah Asher Gazal." Only when the object is "Asher Gazal," - "as he stole [it]," is the thief required to return the object itself (Bava Kama 66a).

7) [line 18] ACHRAYUS NECHASIM
Achrayus Nechasim in this context means that people will trust a borrower who owns land since they can expect to extract payment from the land should the debtor not have the money to pay back his loan (RASHI to Kidushin 26a). Similarly, the father in our Gemara left land from which the Nigzal can extract payment.

8) [line 18] MASNI LEI - he taught him
9) [line 22] KI SHECHIVNA, REBBI OSHAYA NAFIK LEVASI - when I die, Rebbi Oshaya will come out [of his Heavenly resting place] to [greet] me

10) [line 23] D'TARITZNA MASNISIN KAVASEI - since I have interpreted the Mishnah using his approach (lit. according to him)

Next daf