(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


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 112

BAVA KAMA 112 - Today's Daf has been dedicated by Mr. Kenneth Polinsky in honor of his wife, Dvora Risa, and children, Miriam, Elisheva, Tzvi and Avigayil. May Hashem grant them the health, strength and peace of mind to continue to support Torah and raise their children as Yere'ei Shamayim.

1) [line 3] RIBIS - interest, usury
(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."

2) [line 8] "AL TIKACH ME'ITO NESHECH V'SARBIS [V'YAREISA ME'ELOKECHA V'CHEI ACHICHA IMACH.]" - "Take no interest from him, or increase; [but fear your Elokim; that your brother may live with you.]" (Vayikra 25:36)

3) [line 8] AHADAR LEI KI HEICHI D'NEICHEI B'HADACH - give it (the interest payment) back to him so that he may live with you

4) [line 9] L'DIDEI KA MEZAHER LEI RACHMANA; LI'VREI LO MEZAHER LEI RACHMANA - the Torah admonishes him (the lender) [to return the interest payment]; it does not admonish his son

5) [line 15] KETANIM PETURIN MILE'SHALEM - minors are exempt from paying [or returning the stolen object, even if the object is still in existence, since this Beraisa follows the opinion of Sumchus (cited below) -- RASHI]

6) [line 25] BEIN GEDOLIM, BEIN KETANIM CHAYAVIN - both adults and minors are obligated [to return the stolen object, since *this* Beraisa follows the opinion of the Rabanan -- RASHI]

7) [line 27] PARAH SHE'ULAH (SHO'EL)
(a) The Sho'el, or borrower, is one who borrows an item from his friend and is obligated to take care of it. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, and Ones (an unavoidable accident). (He is exempt from damages only in a case of "Meisah Machmas Melachah," when the item was damaged in the normal manner of usage.)
(b) A man who borrows an item and dies passes on to his heirs the rights to use the borrowed item for the remainder of the term of the loan. They, however, do not have the liabilities of the father, since they never accepted upon themselves the obligation of the Sho'el.

8) [line 29] DEMEI BASAR B'ZOL - the bargain price of meat, which is two thirds the regular price (Bava Basra 146b)

9) [line 34] PATUR, SHE'ISUR SHABBOS V'ISUR GENEIVAH BA'IN K'ECHAD (KAM LEI BED'RABAH MINEI - literally, "he remains with the worse of the two," or, "a more severe punishment exempts one from the less severe one")
(a) When one performs a single act from which he incurs two punishments, or a punishment and a monetary liability, the more severe punishment exempts the sinner from the less severe one. For example, one who stabs another to death will not have to pay for the shirt that he tore while stabbing.
(b) This rule is only true if the two punishments, or the punishment and the monetary liability, are caused by a "single action." If one follows the other, even by one second, the sinner *is* punished with both punishments. The Gemara (Kesuvos 31a) questions what defines the difference between "a single action" and different actions. According to one opinion, the entire series of actions which define the more severe sin are considered a single action with regard to Kam Lei bed'Rabah Minei.
(c) There are a number of situations in which this rule does not apply:

1. Rebbi Meir holds that it only applies to a death penalty. One who is punishable with Malkos, though, is required to pay as well as to receive Malkos. (Kesuvos 33b)
2. If one sins *b'Shogeg*, Kam Lei bed'Rabah Minei does not necessarily apply (that is, since no actual punishment is executed, the potential punishment does not exempt the sinner from monetary liability), as follows: If the sin is one which warrants the death penalty, Rav Dimi holds that Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bed'Rabah Minei applies, while Ravin says that they both agree that it applies. If the sin is one which warrants Malkos, Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bed'Rabah Minei applies. (Kesuvos 34b-35a)
3. In certain cases, if the monetary liability is paid to a person other than the victim, the sinner may be liable to pay even though he is also punished with the death penalty or Malkos.
10) [line 37] TARAK GALEI - he [slammed and] locked the door
11) [line 38] B'APEI D'REBBI YIRMEYAH - in Rebbi Yirmeyah's face (Rebbi Yirmeyah was trying to make a Chazakah -- see Background to Bava Kama 51:26:c:3 -- on his father-in-law's house, claiming that it was sold to him while his father-in-law was still alive)

12) [line 38] ASA L'KAMEI D'REBBI AVIN - Rebbi Yirmeyah appeared before [the court of] Rebbi Avin

13) [line 38] AMAR, "SHE'LO HU TOVE'A!" - he (Rebbi Avin) said, "He (the orphan, Rebbi Yirmeyah's brother-in-law) is only claiming what is rightfully his [since he has inherited the house]!"

112b---------------------------------------112b

14) [line 1] SHE'LO BIFNEI BA'AL DIN - when the litigant is not present (since the Torah considers minors as having no intelligence with regard to Halachic matters, it is as if he is not there)

15) [line 3] ICHPAL KULEI ALMA V'KAI K'SUMCHUS L'AFKU'AN L'DIDI? - Did the entire world trouble themselves to rule according to the opinion of Sumchus in order to collect from me (i.e. to deprive me of my legal claim to the house)?

16) [line 8] TINOK SHE'TAKAF B'AVADAV - (a) a child who forced his slaves help him in his dishonest plans; (b) a child who forcefully took possession of slaves [and used them to further his dishonest plans]

17) [line 15] TAHI BAH REBBI YOCHANAN - Rebbi Yochanan wondered about and contemplated it (Rebbi Shabsai's ruling)

18) [line 26] DISKA - a subpoena (a written summons to appear in court)

19) [line 27] MEKAIMIN ES HA'SHTAR (KIYUM SHTAROS)
Mid'Oraisa, a Shtar (contract) or Get which was written legally and signed by witnesses is considered absolute proof. The Chachamim, out of fear of forgeries, required that every Shtar be validated ("Kiyum") in one of the following manners:

1. The witnesses themselves attest to the validity of their signatures.
2. Two other witnesses who recognize the signatures attest to their validity.
3. The signatures are matched to those on a previously validated Shtar or Get.
20a) [line 35] NEKITU LI ZIMNA - give me time (leeway)
b) [line 35] AD D'MAISINA SAHADEI U'MARA'NA LEI LI'SHTARA - until I bring witnesses who will invalidate the document

21) [line 37] NATRINAN LEI BH"B (BEIS HEH BEIS) - we wait for the next sequence of the following three days: Monday, Thursday, Monday

22) [line 38] PESICHA - a writ of excommunication (NIDUY/SHAMTA - excommunication)
(a) The minimum period of Niduy is thirty days in Eretz Yisrael or seven days in Bavel and elsewhere. If the Menudeh does not repent from his ways he is put into Niduy for a second thirty-day period. If he still does not repent, he is then put into Cherem. The laws of Cherem are much more stringent.
(b) No one may come within four Amos of the Menudeh, except for his wife and family. He is not permitted to eat or drink with other people, nor is he included in a Zimun or any other Mitzvah that requires a quorum of ten men. He may not wash his clothes, shave or take a haircut or wear shoes. Learning and teaching Torah, however, are permitted, as well as engaging in work. The last two are not permitted to a Muchram, who must learn by himself and engage in work to the minimum that will provide him daily sustenance. People may speak with the Menudeh or the Muchram unless Beis Din specifically prohibits it.
(c) Even if the period of Cherem or Niduy has ended, a person remains in Niduy or Cherem until he is permitted by three commoners or by an expert sage (SHULCHAN ARUCH Yoreh De'ah 334:27 and REMA ibid. 334:24)

23) [line 41] ADRACHTA - a document giving permission for a creditor to seize the possessions of a debtor

24) [line 47] SHEMA TACHSIF - lest it deteriorate, depreciate in value (through neglect) if he (the Malveh) does not care for the field, since he realizes that it may be taken away from him

Next daf

Index


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,
daf@shemayisrael.co.il