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Bava Metzia 30
1) [line 1] TOREI - (a) oxen (for plowing); (b) according to the Girsa
*TAVAREI* - ox-drivers, men who plow with ox teams (TOSFOS DH B'torei,
citing the Girsa of RABEINU CHANANEL)
2) [line 1] NAFISH PESEIDAIHU - the is a high probability for loss: (a) for
example, at the time of grape picking, the workers might drive the oxen with
the plow over the grape vines, destroying the vines and ruining the oxen
(RASHI); (b) because the ox-drivers might not make the effort to sink the
plow the required three Tefachim into the earth, and the seeds will not be
planted properly (TOSFOS)
3) [line 8] MAGOD - (O.F. cheville - a peg) pegs
4) [line 12] MIKLA KALI LA - he has destroyed it
5a) [line 13] MISHUM EINA - because of the [evil] eye
b) [line 13] MISHUM GANAVEI - because of thieves
6) [line 14] HICHNISAH L'RIVKAH (EGLAH ARUFAH)
(a) If a Jew is found murdered in a field (in Eretz Yisrael) and it is not
known who the murderer is, the Torah requires that an Eglah Arufah be
brought in order to atone for the blood that was spilled (Devarim 21:1). The
procedure is as follows:
(b) Five elders of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme
Court) measure the distance between the dead body and the cities around it
to determine which city is closest to it.
(c) The elders of the city that is closest to the corpse must bring a female
calf that has never been worked (see below, entry #12:b) to a Nachal Eisan
(a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with
tough soil - RASHI). They strike it on the back of its neck (Arifah) with a
cleaver, severing its spinal column, gullet and windpipe.
(d) The elders of the closest city then wash their hands there and say, "Our
hands have not spilled this blood, and our eyes did not see [the murder]."
(Devarim 21:7) This includes a proclamation that the dead man was not sent
away from the city without the proper food for his journey or the proper
accompaniment. The Kohanim that are present say, "Atone for Your people
Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for]
innocent blood in the midst of Your people Yisrael" (ibid. 21:8). After this
procedure, HaSh-m will grant atonement for the innocent blood that was
spilled (RAMBAM Hilchos Rotze'ach 9:3).
7) [line 14] RIVKAH - (O.F. cople - couple, animals that are tied together)
a team of threshing cattle
8) [line 14] V'DASHAH - and it threshed
9) [line 15] SHE'TINAK - that it should nurse
10) [line 17] "...ASHER LO UBAD BAH..." - "that was not worked" (Devarim
21:3) - see below, entry #12:b
11) [line 17] IY HACHI, AFILU REISHA NAMI - if so, even the first part [of
the Beraisa] should likewise [rule that the calf is invalidated from being
an Eglah Arufah]
12) [line 19] SHACHAN ALEHA OF (PARAH ADUMAH: MELACHAH)
(a) The Parah Adumah, an exclusively red-haired female cow is burned on Har
ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei
Mes (see Background to Bava Kama 77:1). Only a cow that has not had a yoke
placed upon it and has had no other work done with it is fit to be used as a
Parah Adumah.
(b) In the verses dealing with the Eglah Arufah, the word "Ubad," - "[work]
was done with it" (Devarim 21:3) is spelled without a Vav. It therefore may
be read "Avad" - "*he did* work [with it]." From this we learn that the only
work that invalidates a calf from being an Eglah Arufah is work that was
done ("Ubad") with the full intent of the calf's owner ("Avad"). The same
applies to a Parah Adumah, based on a Gezeirah Shavah (Sotah 46a).
13) [line 28] SHE'LO YERAKVU - so that they do not decay
14) [line 29] LO AL YEDEI HA'UR - not placed upon a fire
15) [line 30] MASHCHIKAN - it will wear them out
16) [line 31] TZONEN - cold liquids
17) [line 32] MASHCHIRAN - it will tarnish them
18a) [line 32] MAGREIFOS - (O.F. vadils) shovels
b) [line 32] KARDUMOS - axes or hatchets for chopping wood
19) [line 33] MAFCHISAN - it will damage them; nick them
20a) [line 41] "V'HIS'ALAMTA" - "[You shall not see the ox of your brother
or his sheep cast off,] and hide yourself [from them; you must certainly
return them to your brother.]" (Devarim 22:1)
b) [line 41] V'HIS'ALAMTA (HASHAVAS AVEIDAH)
The Torah (Devarim 22:1-3) commands that a person who finds a lost object
must return it to the owner. The wording in the Torah suggests that there
are cases when this Mitzvah does not apply, and the Gemara here and in
Berachos 19b discusses them.
21) [line 43] HAYESAH MELACHAH SHELO MERUBAH MI'SHEL CHAVEIRO - the loss
that he will incur from not doing his own work in order to return the lost
object will be greater than the value of the object
22) [line 45] V'HAI LO SA'ASEH V'ASEH - and this (the Mitzvah of Kohanim not
becoming Teme'im) is [prohibited by] a negative commandment ("l'Nefesh Lo
Yitama" - Vayikra 21:1; see Background to Kidushin 35:15) and [dictated by]
a positive commandment ("Kedoshim Yiheyu" - Vayikra 21:6)
23) [line 45] LO ASI ASEH V'DACHI ES LO SA'ASEH V'ASEH (ASEH DOCHEH LO
SA'ASEH)
(a) When an Isur Lo Sa'aseh prohibits a certain action that prevents a
person from performing a Mitzvas Aseh, the Torah states that the Aseh is
able to "push aside" the Lo Sa'aseh. For example, when a person wants to
wear a four-cornered linen garment, the Isur of Sha'atnez prohibits
attaching woolen threads to it. However, the Mitzvah of Tzitzis requires
adding threads of Techeles (that are made of wool) to this garment. The
Torah commands that in this case the Mitzvas Aseh overrides the Lo Sa'aseh.
(b) The Tana'im argue as to the source of this Halachah. Some learn it from
the fact that the Torah specifically wrote the Mitzvah of Tzitzis and the
Isur of Sha'atnez as adjacent verses (Semuchin), an indication that the
Mitzvah of Tzitzis overrides the Isur of Sha'atnez (Yevamos 4a). Others
learn it from different sources (Yevamos 5a, Nazir 41a, 58a).
(c) Even though an Aseh normally overrides a Lo Sa'aseh, this is not the
rule in every case. The Gemara explains that in certain instances, the Aseh
does not have the power to override the Lo Sa'aseh. Some examples are:
1. A Lo Sa'aseh that is punishable by Kares is not pushed aside by an Aseh
(Yevamos 3b).
2. An action that is prohibited by both a Lo Sa'aseh and an Aseh, is not
pushed aside by a different Mitzvas Aseh (Chulin 141a).
3. Only in a case where the performance of the Aseh coincides with the
transgression of the Lo Sa'aseh did the Torah command that the Aseh takes
precedence. If performance of the Aseh is only accomplished after the
transgression of the Lo Sa'aseh, the Lo Sa'aseh is not pushed aside (Shabbos
133a). (There are those who write that if a person *begins* to perform a
Mitzvas Aseh while transgressing a Lo Sa'aseh, even though the Aseh is not
yet completed by the time the Lo Sa'aseh is transgressed, it pushes aside
the Lo Sa'aseh -- NIMUKEI YOSEF to Bava Metzi'a 33a).
4. If it is possible to perform the Aseh, in the case under discussion,
*without* transgressing the Lo Sa'aseh (by performing the Aseh in a
different way or at a different time), the Aseh does not push aside the Lo
Sa'aseh (Yevamos 20b -- see TOSFOS YESHANIM to Shabbos 25a). (The Rishonim
argue as to whether an Aseh pushes aside a Lo Sa'aseh when it is possible to
perform the Aseh without transgressing the Lo Sa'aseh, through the use of a
certain item that the person does not currently have the means to obtain
(RASHBA Yevamos 4b).
(d) The Rishonim explored the possibility that an Aseh also does *not* push
aside a Lo Sa'aseh in other cases:
1. When one person performs a Mitzvas Aseh by doing a certain action in
which two people transgress the Lo Sa'aseh.
2. When the action is prohibited by two Mitzvos Lo Sa'aseh, and not only one
(TOSFOS Yevamos 3b DH Lo Sa'aseh).
3. When the action is prohibited in another instance by a Lo Sa'aseh and an
Aseh, even though in the case at hand there is only a Lo Sa'aseh that
prevents it (TOSFOS Kidushin 34a DH Ma'akeh).
(e) The question in our Gemara is whether the Aseh of "v'Lo Siheyeh l'Ishah"
(Devarim 22:29) overrides the Mitzvos Lo Sa'aseh that prohibit one from
marrying specific women such as a Mamzeres or a Nesinah.
24) [last line] "EFES KI LO YIHEYEH..." - "But there shall be no poor among
you; [for HaSh-m shall greatly bless you in the land which HaSh-m your G-d
gives you for an inheritance to possess it.]" (Devarim 15:4)
30b---------------------------------------30b
25) [line 3] HIKISHAH, CHAYAV BAH - if he (even a person who is not
obligated in the Mitzvah of Hashavas Aveidah) hit it (a lost animal) [with
the intention that it return to its owner,] he is now obligated [to see to
it that it gets returned to its owner]
26) [line 4] CHAZA L'HANACH IZEI D'KAIMU - he saw certain goats that were
standing [lost]
27) [line 4] SHAKAL KALA V'SHADA BEHU - he took a clod of earth (O.F. mote)
and threw it at them [to get them to return to their owner]
28) [line 8] HASHAVAH MA'ALYA - the proper, complete Mitzvah of Hashavas
Aveidah
29) [line 11] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim,
#9) quotes and discusses various explanations for the word Teiku:
- It is sealed in its container ("Tik") (ARUCH, Erech Tik).
- Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
- Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
30) [line 12] KOL SHEB'SHELO MACHZIR - any lost object that the finder would
return if the object belonged to him (if he would not be embarrassed to walk
in public with his own object, he is obligated to return a similar object)
31a) [line 13] POREK V'TO'EN - unloading and loading (PERIKAH U'TE'INAH)
Perikah is the Mitzvah of unloading and helping an animal that has fallen
under its load, as commanded in Shemos 23:5. Te'inah is the Mitzvah of
loading an animal after the load that it was carrying fell off, as commanded
in Devarim 22:4.
b) [line 13] B'SHEL CHAVEIRO NAMI POREK V'TO'EN - he is likewise obligated
to unload and load someone else's animal
32) [line 14] HAVAH KA'AZIL B'ORCHA - was walking on the road
33) [line 15] HAVAH DARI PASKA D'UFEI - he was carrying a load of wood
34) [line 16] OSVINHU V'KA MISPACH - he put it down and was resting
35) [line 17] DALI LI! - Pick it up for me (load it on me)!
36) [line 24] SHEMITAH (SHEVI'IS)
(a) The Torah requires that farmers desist from working the land every
seventh year, as described in Vayikra 25:1-7. The fruits that grow during
the seventh (Shevi'is) year are holy to the extent that 1. they must be
considered ownerless; anyone may come into any field and pick the fruit that
he intends to eat. 2. The fruits may not be bought and sold in a normal
fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits
of Shevi'is be used only for eating or drinking (in the normal manner of
eating for that type of fruit) or for burning to provide light (in the case
of oil). They may not be wasted or used for medicinal purposes or animal
fodder, etc.
(b) The Shemitah year is meant to teach the Jewish people to rely on HaSh-m
for their sustenance, a fact that is not always clear to them during the six
years in which they work their own fields.
37) [line 26] B'MILSA B'ALMA HU D'UKMEI - he stopped him with mere words
(even though they were not accurate)
38) [line 28] LIFNIM MI'SHURAS HA'DIN - (lit. further inside from the line
of the law) beyond what the law requires
39) [line 29] "V'HODATA LAHEM ES HA'DERECH YELCHU VAH, V'ES HA'MA'ASEH ASHER
YA'ASUN" - "And you shall inform them of the path in which they shall walk,
and the deeds which they shall do." (Shemos 18:20)
40) [line 30] BEIS CHAYEIHEM - (lit. the house, i.e. source, of their lives)
(a) the teaching of a livelihood in order to enable them to support
themselves (RASHI here; see PENEI YEHOSHUA, who explains that according to
this explanation, the meaning of the verse is that Moshe Rabeinu should
teach the Jewish people how to earn a living *for the sake of* being able to
dedicate themselves to learning Torah); (b) the Mitzvas Aseh of learning
Torah (Rashi to Bava Kama 100a)
41) [line 30] GEMILUS CHASADIM - the Mitzvah of doing acts of kindness (see
RAMBAM Hilchos Avel 14:1)
42) [line 31] BIKUR CHOLIM - the Mitzvah of visiting the sick (see RAMBAM
Hilchos Avel 14:1)
43) [line 32] KEVURAH - the Mitzvah Aseh of burying the dead
The Torah (Vayikra 21:1-4) commands all Jews to handle the burial of certain
relatives. Those relatives are the person's mother, father, son, daughter,
brother, sister from his father (if she is an unmarried virgin), and wife
(if the wife is permitted to be married to him). (See RAMBAM Hilchos Avel
14:1.)
44) [line 35] BEN GILO - someone who is born on the same day and under the
same Mazal (cosmic influences)
45) [line 35] BEN GILO NOTEL ECHAD MI'SHISHIM B'CHOLYO - a Ben Gilo who
comes to visit a sick person takes upon himself one sixtieth of the illness
46) [line 39] ELA DINEI D'MEGIZASA LI'DAINU?! - Should he judge Dinei
d'Megizasa?! - (a) the judgments of armed bandits (RASHI here and to Bava
Kama 114a, 2nd explanation); (b) according to the Girsa *D'MEGISTA* - the
judgments of a village court, where the judges extract money based upon the
testimony of one witness (RASHI to Bava Kama ibid., 1st explanation)
47) [line 45] MASNEH BIFNEI BEIS DIN - he states his conditions in front of
Beis Din (that he is only willing to return the lost object if he gets
reimbursed entirely)
48) [line 50] UL'OLAM?! - And [can he assume that the animal (or object) is
not lost even if it is found in this state (e.g. a cow or a donkey grazing
on the road)] forever?!
49) [line 50] AD SHELOSHAH YAMIM - up to three days [it may be assumed that
the owner knowingly sent it there; afterwards, it must be treated like a
lost object]
50) [line 51] TUVA - many [days]
51a) [line 51] KADMESA - early, i.e. before dawn
b) [line 51] CHASHACHTA - dark, i.e. at dusk
52) [last line] ISRAMUYEI ISRAMI LAH V'NAFKA - it just happened that the
animal came out [at those times]
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