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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.
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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
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