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Bava Kama 115

1) [line 2] HAREI YATZA LO SHEM GENEIVAH BA'IR - [we do not suspect that perhaps he just happened to need money, and sold the allegedly stolen items against his routine inclination,] because the rumor that he had a break-in will suffice to dispense with that suspicion.

2a) [line 5] HA'RISHON - the first one, i.e. the thief. If the owner wants to retrieve the stolen goods from the buyer, he must pay for them; all monetary compensation comes from the thief
b) [line 6] HA'SHENI - the second one, i.e. the buyer, who must return the stolen goods without payment and demand compensation from the thief

3) [line 9] V'TARVAIHU IS LEHU D'RAV CHISDA - and both of them agree with the ruling of Rav Chisda (Daf 111b), "Gazal v'lo Nisya'ashu ha'Be'alim u'ba Acher v'Achalo, Ratzah, mi'Zeh Goveh; Ratzah, mi'Zeh Goveh" - "When a stolen item is consumed before the owner gives up hope of retrieving it, the owner can collect the value of that item from either the thief or from the one who consumed it"

4) [line 10] MATENOS KEHUNAH - the priestly gifts
(a) Whenever a person slaughters an ox, sheep or goat (that is not Kodesh), he must give to a Kohen the Zero'a, Lechayayim and Keivah (the foreleg, the [lower] jaw, and the maw or abomasum [the last of a cow's four stomachs] (Devarim 18:3). 1. The ZERO'A consists of the two upper limbs of the right foreleg, from the knee until the top of the shoulder blade; 2. The LECHAYAYIM consists of the lower jaw, from the joint where it is attached to the upper jaw until the thyroid cartilage, including the tongue; 3. The KEIVAH consists of the maw together with its Chelev, but the Minhag of the Kohanim is to let the animal's owner keep the Chelev.
(b) Although one must give the Zero'a, Lechayayim and Keivah to a Kohen, they may be eaten by a non-Kohen.

5) [line 12] V'HAYU VAHEN MATANOS - our Gemara is dealing with the sale of the Me'ayim, the abdominal part of an animal. As such, the only Matenos Kehunah to which our Gemara is referring is the Keivah

6a) [line 21] HA'RISHON - the first one, i.e. the thief. Since Rav rules that the Rabanan did not decree the Takanas ha'Shuk in this case, the buyer must claim his money back from the thief
b) [line 22] HA'SHENI - the second one, i.e. the *owner*. Since Rebbi Yochanan rules that the Rabanan did decree the Takanas ha'Shuk in this case, the buyer is able to claim his money back from the owner

7) [line 24] CHANAN BISHA - "Chanan the Wicked"
8) [line 25] ZIL, SHARI AVITECH - (lit. go and free your collateral) Go and pay the buyer when he returns your coat. It seems from this ruling that according to Rav, the Rabanan *did* institute the Takanas ha'Shuk in this case.

9a) [line 28] GANAV U'FARA B'CHOVO - a person who used a stolen object to pay off a loan
b) [line 28] GANAV U'FARA B'HEKEFO - a person who used a stolen object to pay off his debt for a purchase on credit

10) [line 29] D'AMRI, "LO A'DA'TA D'HANHU YAHIVAS LEI MIDI" - since the creditors can say, "The money that I lent (or the credit that I gave) to the debtor was not given against the stolen object"

11) [line 29] MASHKANTA SHAVI MA'SAN B'ME'AH ASU BO TAKANAS HA'SHUK - If Reuven gave Shimon a stolen article worth two hundred Zuz as a security against a loan of a hundred Zuz, the Chachamim did institute the Takanas ha'Shuk (since the money was in fact given against the object)

12) [line 30] SHAVEH B'SHAVEH AMEIMAR AMAR LO ASU BO TAKANAS HA'SHUK - But if the security was worth a hundred Zuz, says Ameimar, they did not institute the Takanas ha'Shuk (even though Mar Zutra disagrees), because it is so unusual to take a security that is worth only as much as the loan, that we presume that Shimon actually lent Reuven the money on trust, and not on account of the security

13) [line 32] ZEVINA - a sale
14) [line 41] NARSHA'AH - a man from Narash (Narse), a town in Bavel
15) [line 41] PAPUNA'AH - a man from Papunya (Paphunia), a town in Bavel
16) [line 42] BAR MECHOZA'AH - a man from Mechoza, a large Jewish trading town on the Tigris River

115b---------------------------------------115b

17) [line 1] EIN LO ELE SECHARO - he only receives payment for the value of his utensil and the wages of a laborer (RASHI), i.e. the owner of the honey does not have to pay for the wine. The Tana of this Mishnah argues with the ruling of Rebbi Yishmael beno Shel Rebbi Yochanan ben Berokah of the Beraisa (above, Daf 114b).

18) [line 7] V'AMAI? LEIMA LEI, "ME'HEFKEIRA KA ZACHINA" - But why [should the owner of the wine only be paid the value of his utensil and the wages of a laborer]? He could say to him (the owner of the honey), I have just acquired [*all of your honey*] from [the status of being] Hefker (ownerless), [since it was going to waste!]

19) [line 12] KESHE'EKEL BEIS HA'BAD KARUCH ALEHA - when a box-like, flexible woven basket made of thin branches or palm leaves, used as a receptacle in an oil-press was tightened around it (the jar of honey). When an Ekel Beis ha'Bad is tightened around a jar, it keeps the broken pieces in place and prevents the contents from flowing out (ARUCH Erech Ekel #1 and Erech Lulav #2). As such, the honey was only dripping out very slowly.

20) [line 16] MECHULALIM AL MA'OS HALALU (MA'ASER SHENI)
See Background to Bava Kama 97:12:c-d.

21) [line 21] TEVEL
See Background to Bava Kama 97:12:a-b.

22) [line 22] SHE'NISGALSAH (MASHKIM MEGULIN - liquids that were left uncovered)
The sages prohibited the consumption of uncovered liquids that was left unattended. There is a possibility that a poisonous snake drank from them, injecting poison into it.(See RAMBAM Hilchos Rotze'ach u'Shemiras ha'Nefesh 11:5-16)

26) [line 27] L'ZALEF - for sprinkling on the ground (which gives the house a pleasant fragrance)

23) [line 38] TERAKO - mixed it up
24) [line 40] (D'SHAFI) [V'SHAFI] LAH - (O.F. redegier - to pour) and he pours it [slowly and carefully]

25) [line 45] DEMAI
(a) Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance; see Berachos 47b) is referred to as Demai ("Da Mai?" -- "what is this?").
(b) Yochanan Kohen Gadol decreed that Terumas Ma'aser and Ma'aser Sheni must be separated from this produce since a minority of Amei ha'Aretz cannot be trusted to have separated them before selling the produce. Terumah Gedolah, however, because of its stringency is presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are separated from the produce, but they are eaten by the owner and not given to the Levi or the Ani (in keeping with the principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").

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