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Bava Metzia 54

BAVA METZIA 51-55 - Mrs. Estanne Abraham-Fawer has dedicated two weeks of Dafyomi study material to honor the second Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the merit of supporting and advancing the study of the Talmud be l'Iluy Nishmaso.

1) [line 5] SHE'EIN MOSIFIN CHOMESH AL ILUYO SHEL ZEH - we do not demand that the Makdish add an additional 1/5 to the amount that the second bidder added to the cost of the Pidyon

2) [line 7] "[V'HISVADU ES CHATASAM ASHER ASU V'HESHIV ES ASHAMO B'ROSHO] (V'YASAF CHAMISHISO) [VA'CHAMISHISO YOSEF] ALAV [V'NASAN LA'ASHER ASHAM LO.]" - "[Then they shall confess their sin which they have done; and he shall make restitution for his trespass in full,] and add to it its fifth part, [and give it to him against whom he has trespassed.]" (Bamidbar 5:7) - The Machlokes of Rebbi Yoshiyah and Rebbi Yonasan appears in the Sifri to this verse (Bamidbar 5:21), according to the Hagahos ha'Gra, and as such the Torah Or should read "Bamidbar 5" instead of "Vayikra 27." However, the Gemara obviously holds that this Machlokes applies to all of the instances of Chomesh in the Torah. (The Girsa "*va'Chamishiso Yosef* Alav" appears in the Hamburg and Rome manuscripts, and is evident from the She'iltos to Naso #119 -- DIKDUKEI SOFRIM).

3) [line 10] CHOMESH ME'AKEV - before he pays the extra fifth, one is not permitted to eat outside of the walls of Yerushalayim Ma'aser Sheni fruit that was redeemed

4) [line 11] ACH'NAFSHEI MOSIF CHOMESH - and he adds a Chomesh by itself, i.e. in addition to the money given (e.g. the "four" mentioned by the Gemara) for the redemption of the Ma'aser Sheni fruit

5) [line 14] BI'UR
(a) The Torah requires that at two times during the seven-year Shemitah cycle the owner of a field must recite Viduy Ma'aser, as is learned from Devarim 26:12-13.
(b) In the afternoon of Erev Pesach in the fourth and seventh years, the owner first performs Bi'ur, giving all remaining Terumah and Terumas Ma'aser to Kohanim, Ma'aser Rishon to Leviyim, and Ma'aser Ani to the poor. All remaining Ma'aser Sheni, Kerem Rava'i, Pidyonos of Ma'aser Sheni and Kerem Rava'i (coins on which Ma'aser Sheni and Kerem Rava'i were redeemed), and Bikurim must be destroyed wherever they are. Ma'aser Sheni fruit that was separated from Demai produce (see Background to Bava Metzia 53:11) does not need Bi'ur.
(c) He then says Viduy Ma'aser, declaring that he has set aside all of the required tithes and gifts, and that he kept all the Mitzvos with regard to them. The declaration is found in Devarim 26:13-15, and may be recited in any language that the owner understands. According to the MISHNAH (Ma'aser Sheni 5:6), RASHI (Sanhedrin 11b) and TOSFOS (Rosh Hashanah 4a DH u'Ma'asros), this declaration is stated in the afternoon of Erev Pesach. According to the RAMBAM, (Hilchos Ma'aser Sheni 11:1-3), it is stated in the afternoon of the last day of Pesach.

6) [line 27] CHAISHINAN LI'PESHI'USA - we suspect that he will be negligent [and never pay the Chomesh]

7a) [line 30] HA'KOL MODIM B'HEKDESH SHE'CHILEL - all opinions admit that in the case of Hekdesh (items that were consecrated to the Beis ha'Mikdash), the item is considered redeemed even if he has not paid the extra Chomesh
b) [line 31] HO'IL V'GIZBARIN TOV'IN OSO BA'SHUK - since the treasurers of Hekdesh will demand payment from him (the Makdish) [even] in the marketplace

8a) [line 41] "...V'KARASA LA'SHABBOS ONEG..." - "[If you restrain your foot because of the Shabbos, from pursuing your business on My holy day;] and call the Shabbos 'a delight,' [the holy [day] of HaSh-m 'honorable;' and you honor it by not engaging in your own affairs, nor pursuing your own business, nor speaking of vain matters.]" (Yeshayah 58:13)

b) [line 41 V'KARASA LA'SHABBOS ONEG (ONEG SHABBOS)
(a) The Mitzvah mid'Rabanan of Oneg Shabbos (and Oneg Yom Tov), or causing the Shabbos to be a delight, is learned from the verse in Yeshayah (58:13). This Mitzvah entails seeing to it that the experience of Shabbos should be an enjoyable and uplifting one. We are thus commanded to prepare tasty food and fragrant wines for consumption on Shabbos, each person according to his means.
(b) Normally, one fulfills that Mitzvah of Oneg Shabbos by eating three meals, each containing two Shabbos loaves, meat and wine. A person of limited means may fulfill the Mitzvah of Oneg Shabbos even with simple meals that are prepared in honor of the Shabbos. A wealthy person who is accustomed to eating delicacies throughout the week should provide different delacacies for Shabbos, or should at least eat at a different time of the day on Shabbos. For a person who constantly fasts, fasting is considered Oneg Shabbos, and he is exempt from eating three meals. (RAMBAM Hilchos Shabbos 30:7-9)

9) [line 44] "(V'NASAN HA'KESEF) [V'YASAF... KESEF...] V'KAM LO..." - "and he shall [pay]... the money and it shall be his..." (Vayikra 27:19) - This verse shows that only Kesef may be used to redeem Hekdesh. Another verse (Devarim 14:25) shows that only Kesef may used to redeem Ma'aser Sheni (Shabbos 128a).

10) [line 45] TERUMAH EINAH MISHTALEMES ELA MIN HA'CHULIN - only food that is Chulin can be used to pay for Terumah (TASHLUMEI TERUMAH)
(a) After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households may eat Terumah as long as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the Keren, the amount of Terumah that he ate, to the Kohen who owned the Terumah (see Insights to Pesachim 32:1). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.

11) [line 47] "...V'NASAN LA'KOHEN ES HA'KODESH." - "[And if a man eats of the sanctified thing (Terumah) unwittingly, then he shall pay its fifth part,] and shall give it to the Kohen with the sanctified thing." (Vayikra 22:14)

12) [line 47] DAVAR HA'RA'UY LIHEYOS KODESH - a thing that is fit to become sanctified [as Terumah, e.g. fruits]

13) [line 48] SHE'LO MIN HA'CHULIN - not Chulin [fruits, i.e. items of value other than things that can become sanctified as Terumah, e.g. money or items of clothing]

14) [line 48] ASIMON - (a) (O.F. fladon) a blank, metal disc from which a coin is stamped (RASHI); (b) a medallion (TOSFOS to Bava Metzia 44a DH Asimon, citing Rabeinu Tam)

15) [line 49] "V'TZARTA HA'KESEF B'YADCHA" - "... and you shall wrap the money in your hand." (Devarim 14:25)

16) [line 49] KOL DAVAR SH'YESH ALAV TZURAH - anything that has a figure or image on it

17) [line 50] ISGALGEL MILSA - the matter went around (unanswered)
18) [line 52] DEMEI TERUMAH - the [inexpensive] price of Terumah. (Terumah can only be sold at a low price because it is normally *given* to the Kohanim as a gift. Usually, the only instance of a Kohen paying for Terumah is when a Yisrael inherits actual Terumah produce from his grandfather who was a Kohen. As a result, the price that a thief is charged for the reimbursement of Terumah is also Demei Terumah.)

54b---------------------------------------54b

19a) [line 2] "[O MI'KOL ASHER YISHAVA ALAV LA'SHEKER, V'SHILAM OSO B'ROSHO] VA'CHAMISHISAV YOSEIF ALAV; [LA'ASHER HU LO YITNENU B'YOM ASHMASO.]" - "[Or all that about which he has sworn falsely; [he shall restore it in full, and shall add a fifth part more to it, and give it to him to whom it belongs, on the day that he admits his guilt." (Vayikra 5:24) - The word "Chamishisav" is in the plural, implying that one can be obligated to pay multiple payments of Chomesh for swearing falsely about a single item.

b) [line 2] VA'CHAMISHISAV YOSEIF ALAV (ASHAM GEZEILOS)
A person who steals money (or an object of monetary value) from a fellow Jew (or denies owing him an object that was deposited in his care), swears in Beis Din that he holds no such money (and therefore exempts himself from paying) and later admits his sin, must return what he stole, pay a fine of Chomesh, an additional *fifth* (of the ensuing total, or a *quarter* of the original value), and bring a Korban Asham to receive atonement. The animal offered is a ram that costs at least two Sela'im (Vayikra 5:20-26).

20) [line 5] "[V']ISH KI YOCHAL KODESH BI'SHGAGAH V'YASAF CHAMISHISO ALAV [V'NASAN LA'KOHEN ES HA'KODESH.]" - "[And] if a man eats of the sanctified thing (Terumah) unwittingly, then he shall pay its fifth part, [and shall give it to the Kohen with the sanctified thing.]" (Vayikra 22:14)

21) [line 7] HA'OCHEL TERUMAH B'SHOGEG
See above, entry #10.

22) [line 8] HA'SACH - one who anoints himself with oil [of Terumah]
23) [line 12] "V'IM HA'MAKDISH YIG'AL ES BEISO; V'YASAF CHAMISHIS KESEF ERKECHA [ALAV V'HAYAH LO]." - "And if he who sanctified it will redeem his house, then he shall add the fifth part of the money of your estimation [to it, and it shall be his.]" (Vayikra 27:15)

24) [line 18] IY SHAKLAS LEI L'VAV... HAVAH LEI CHAMISHISAV - if one takes off the Vav from the word "v'Yasaf" and transfers it to the word "Chamishiso," it will result in "Chamishisav" with two letters Vav at the end, which is pronounced exactly the same as if it were spelled with a Yud and a Vav at the end

25) [line 23] HEKDESH SHENI - an object (or money) upon which Kedushah of an object (or money) of Hekdesh was transferred

26) [line 29] MAH KESEF ERKO MESHALEM CHOMESH - just as one pays a fifth of the estimated value [of the principle]

27) [line 34] V'IM HA'MAKDISH YIG'AL ES BEISO - if the one who consecrates his house redeems it

28) [line 35] MATPIS - one who transfers the Kedushah from one object onto another object (e.g. the house)

29) [line 36] "V'IM BA'BEHEMAH HA'TEMEI'AH, U'FADAH V'ERKECHA, [V'YASAF CHAMISHISO ALAV; V'IM LO YIGA'EL, V'NIMKAR B'ERKECHA.]" - "And if it is of an animal that is Tamei, then he shall redeem it according to your estimation, [and shall add a fifth part to it; or if it is not redeemed, then it shall be sold according to the estimation.]" (Vayikra 27:27)

30a) [line 38] TECHILASAH HEKDESH - [when one consecrates an animal that is Tamei to Hekdesh] it begins as an object of Hekdesh [and is not Nitpas] (however, the Gemara will soon ask that it is certainly possible to be Matpis Kedushah onto this type of animal as well)
b) [line 38] KULAH LA'SHAMAYIM - all of it belongs to Hekdesh (an the owner has no share in it after he consecrates it)

c) [line 38] MO'ALIN BAH (ME'ILAH)
(a) It is forbidden to derive personal benefit from anything that is Hekdesh. If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of the original value).
(b) For additional details regarding Me'ilah, see Background to Bava Metzia 43:11a.

31) [line 41] KODSHIM KALIM
The term Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'aser Behemah, Pesach and Bechor, which have a *lesser* degree of sanctity. They may be slaughtered in the entire Azarah (and not only in its northern part) and may be eaten in the entire city of Yerushalayim by men or women. Me'ilah applies to them only before the animal is slaughtered.

32a) [line 41] KEIVAN D'IS LEHU LA'BE'ALIM B'GAVAIHU - since the owner gets a portion of it
b) [line 42] LEIS BEHU ME'ILAH - therefore the laws of Me'ilah do not apply to them [after they are slaughtered]

33a) [line 42] TECHILAS HEKDESH - its beginning as an object of Hekdesh (see above, entry 30a)
b) [line 43] SOF HEKDESH - the ultimate form of sanctity, when it is used as a sacrifice or as a part of an edifice of Hekdesh

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