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Bava Metzia 56
1) [line 6] LO HITIRU LIMKOR DEMAI ELA L'SITON BILVAD - the Rabanan did not
permit a Chaver to sell fruits of Demai (from which he has not separated
Terumos u'Ma'asros), except for a Chaver who is a wholesale merchant. (A
person is called a Chaver if he accepts upon himself four things: 1. never
to give Terumah and Ma'asros to an Am ha'Aretz; 2. never to prepare Taharos
in the vicinity of an Am ha'Aretz; 3. to always eat Chulin b'Taharah; 4. to
take Ma'aser from all produce that one eats, sells and buys (Tosefta Demai
2:2-3). The Gemara in Bechoros 30b explains exactly how one goes about
accepting this distinguished status.)
2) [line 11] NACHTOM - a baker
3a) [line 12] CHAMAH - hot [loaf]
b) [line 12] TZONENES - cold [loaf]
4) [line 13] DEFUSIM - molds, forms (shapes)
5a) [line 15] RA'AH - bad (spoiled, rotten, inferior) fruit
b) [line 15] YAFAH - fine (superior) fruit
6) [line 16] "V'LO SIS'U ALAV CHET BA'HARIMCHEM ES CHELBO MINENU..." - "You
shall not bear a sin for it when you separate its choicest (lit. fattest)
part from it..." (Bamidbar 18:32)
7) [line 28] "Lo Suchal le'Echol b'Sha'arecha..." - "You may not eat in your
settlements..." (Devarim 12:17)
8) [line 31] PALTAR - a wholesale bread dealer
9) [line 39] TASHLUMEI CHEFEL - a thief's double restitution
(a) If a thief surreptitiously steals an object from a fellow Jew, and is
found guilty of the theft in court based on the testimony of valid
witnesses, he must return the object (if it is still in its original state)
or its value (if it is not) to its owner (Vayikra 5:23). In addition, the
thief is obligated to pay the victim of the theft the value of the stolen
object a second time. Restitution of the value of the stolen object is
called "Keren," and the additional payment is known as "Kefel."
(b) Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a
robber ("Gazlan"), who brazenly burglarizes and takes the possessions of
others by force. Chazal explain that the Torah punishes a thief more
stringently than a robber because of the disrespect he shows for the
Creator. By taking care to avoid the eyes of man, while not being bothered
in the least by the eye of the One Above that is constantly watching, he
exhibits his lack of belief in HaSh-m (Bava Kama 79b).
(c) A thief does not pay Kefel unless he makes a "Kinyan," an act of
acquisition, on the object that he steals (e.g. by lifting it up, bringing
it into his own property, drawing it towards himself in a semi-secluded
area, etc.). If he simply broke or ruined another person's object without
making a Kinyan on it first, he is not considered to be a "Ganav" but a
"Mazik" ("one who causes damage"), and he does not pay Kefel.
(d) Kefel, like any other payment that involves over-compensation for a
monetary loss, is considered a "Kenas" (penalty) rather than "Mamon"
(compensation). As is true of every Kenas, a thief does not have to pay
Kefel if he admits to his theft of his own accord. Only if witnesses testify
to his guilt in court must he pay. If he admits to the theft of his own
accord, and later witnesses testify to his guilt in court, the Amora'im
argue as to whether or not he must pay the Kefel (Bava Kama 74b-75a -- he is
exempted from payment, according to the lenient opinion, only if his
admission took place under specific circumstances). Until he is obligated to
pay the Kefel in court, the thief is fully exempt from paying Kefel, and
does not even have a moral obligation to pay it on his own accord (RASHBA
Bava Kama 74b, see also RAMBAN in Milchamos at the end of the third Perek of
Kesuvos).
10) [line 39] TASHLUMEI ARBA'AH VA'CHAMISHAH - a thief's quadruple and
quintuple restitution for the theft and subsequent slaughter or sale of a
sheep or ox, respectively
(a) If a thief surreptitiously steals an object from a fellow Jew, and is
found guilty of the theft in court based on the testimony of valid
witnesses, he must return the object (if it is still in its original state)
or its value (if it is not) to its owner (Vayikra 5:23). In addition, the
thief is obligated to pay the victim of the theft the value of the stolen
object a second time. Restitution of the value of the stolen object is
called "Keren," and the additional payment is known as "Kefel" (see previous
entry).
(b) If the object that was stolen was a live sheep or ox, and the thief
either slaughtered or sold it, the Torah (Shemos 21:37) places an even
stiffer fine on the thief. In the case of a stolen sheep that was
slaughtered or sold, the thief must compensate the owner a total of four
times its actual value ("Arba'ah"), while in the case of a stolen ox that
was slaughtered or sold the thief must compensate the owner a total of five
times its actual value ("Chamishah"). This law does not apply to any other
object or animal that is stolen. Chazal (Bava Kama 79b) explain that the
Torah was more lenient with a person who steals a sheep than with one who
steals an ox, since he already suffered a somewhat demeaning experience of
walking with a sheep on his shoulders (as opposed to the ox-thief, who
presumably led the ox on foot before him).
(c) A thief does not pay Arba'ah va'Chamishah for slaughtering a sheep or ox
unless he, or a person he appoints, performs a proper ritual slaughter (i.e.
a Shechitah of the type that normally permits an animal to be eaten).
According to some Amora'im (Bava Kama 68a), a thief does not pay Arba'ah
va'Chamishah for *selling* a sheep or ox unless he sold it after "Ye'ush
Ba'alim" (i.e. the owner lost all hope of recovering the sheep or ox, see
Background to Gitin 37:30:a), while according to others he only pays Arba'ah
va'Chamishah if he sells it *before* Ye'ush Ba'alim.
(d) Arba'ah va'Chamishah, like any other payment that involves
over-compensation for a monetary loss, is considered a "Kenas" (penalty)
rather than "Mamon" (compensation). As is true of every Kenas, a thief does
not have to pay Arba'ah va'Chamishah if he admits to his guilt of his own
accord. Only if witnesses testify to his guilt in court must he pay. If he
admits to his guilt of his own accord, and later witnesses testify to his
guilt in court, the Amora'im argue as to whether or not he must pay Arba'ah
va'Chamishah (Bava Kama 74b-75a -- he is exempted from payment, according to
the lenient opinion, only if his admission took place under specific
circumstances). Until he is obligated to pay the Arba'ah va'Chamishah in
court, the thief is fully exempt from payment and does not even have a moral
obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also
RAMBAN in Milchamos HaSh-m at the end of the third Perek of Kesuvos).
11) [line 40] SHOMER CHINAM / NOSEI SACHAR - see Background to Bava Metzia
41:20
56b---------------------------------------56b
12) [line 1] KODSHIM SHE'HU CHAYAV B'ACHRAYUSAN... VESHE'EINO CHAYAV
B'ACHRAYUSAN (NEDER / NEDAVAH)
(a) A person may offer a Korban in the Beis ha'Mikdash as a voluntary
sacrifice, as it states in Vayikra 1:2. Voluntary Korbanos may be Olos
(which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6),
Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or
Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).
(b) When a person states, "I pledge an Olah" ("Harei Alai Olah"), without
singling out a specific animal, his pledge is called a Neder. When he sets
aside an animal with which to fulfill his pledge, and the animal gets lost
or dies, he must bring another in its place. If he states, "*This* animal is
an Olah" ("Harei Zu Olah"), his pledge is called a Nedavah. If the animal
gets lost or dies, he has no obligation to bring another in its place.
13) [line 3] MARGALIS - gem, pearl
14) [line 5] "V'CHI SIMKERU MIMKAR LA'AMISECHA O KANOH MI'YAD AMISECHA, [AL
TONU ISH ES ACHIV.]" - "And when you transact a purchase to your friend or
acquire from the hand of your friend, [you shall not defraud one another.]"
(Vayikra 25:14)
15) [line 7] DAVAR HA'NIKNEH MI'YAD L'YAD - a thing that is transferred from
the hand [of one person] to the hand [of another person] (i.e. movable
property)
16) [line 8] YATZ'U AVADIM SHE'HUKSHU L'KARKA'OS - slaves are excluded since
they are compared to land (in Vayikra 25:46)
17) [line 9] SHE'GUFO MACHUR V'GUFO KANUY - the actual item itself is sold
and acquired (as opposed to a contract, which is merely a representation of
the item that is sold and acquired)
18) [line 12] BASAM - a spice merchant (who uses the paper on which
contracts are written to wrap up his spices)
19) [line 15] ACHIV - the word "Achiv" in the verse (Vayikra 24:14; see
above, entry #14) teaches that Ona'ah applies only to one's fellow man, but
not to Hekdesh
20) [line 21] "IM HIMATZEI TIMATZEI B'YADO" - "If the theft be at all found
in his hand [alive, whether it be an ox, or a donkey, or a sheep; he shall
restore double.]" (Shemos 22:3)
21a) [line 22] GAGO - his roof
b) [line 22] CHATZEIRO - his courtyard
c) [line 23] KARPIFO - his Karpaf, an enclosed area that is located
outside of a settlement, used for storage and other such purposes.
22) [line 26] "[...V'CHASAV LAH SEFER KERISUS] V'NASAN B'YADAH..." -
"[...and he must write for her a bill of divorce] and he shall place into
her hand..." (Devarim 24:1)
23) [line 36] CHITIN V'ZAR'AN BA'KARKA - [if a person bought] wheat kernels
and planted them in the ground
24) [line 38] K'MAN D'SHADYAN B'CHADA DAMYAN - they are as if they are cast
into a jar
25) [line 39] BATLINHU AL GAV AR'A - they are annulled by [virtue of being
planted in] the ground
26) [line 40] SHADA'I BAH SHISA - I planted in the ground six Se'ah
27) [line 41] V'ASU SAHADEI - and witnesses came
28a) [line 42] MIDAH - [anything that is sold according to its] measure
b) [line 43] MISHKAL - [...according to its] weight
c) [line 43] MINYAN - [...according to its] count
29) [line 48] NISHBA'IN ALEIHEN (SHEVU'AH: MODEH B'MIKTZAS HA'TA'ANAH)
See Background to Bava Metzia 55:6.
30) [line 50] OMER MATIRAN O EIN OMER MATIRAN - Does the Korban ha'Omer
permit these wheat kernels to be eaten or not? (OMER)
(a) There is a Mitzvah to bring the Korban ha'Omer on the second day of
Pesach. A large quantity of barley is reaped after nightfall after the first
day of Pesach. At this time the grain is still moist, and the process of
extracting one Omer (approximately 2.2, 2.5 or 4.3 liters, depending upon
the differing Halachic opinions) of barley flour is extremely difficult. The
flour is baked and offered as a Korban Minchah on the 16th of Nisan. It is
also referred to as the Minchas Bikurim -- Vayikra 2:14-16).
(b) In addition, a lamb is offered as an Olah, as it states in Vayikra
23:12.
(c) The Korban ha'Omer is the first offering of the new grain of the year
(Chadash), and as such it removes the prohibition against eating from the
new grain.
31) [line 50] IY D'ASHRUSH - if they took root
32a) [line 52] D'CHATZDINHU V'ZAR'INHU KODEM LA'OMER - he cut them and then
replanted them before the Korban ha'Omer was brought
b) [last line] V'ASA LEI OMER V'CHALIF ILAVAIHU V'LO ASHRUSH KODEM
LA'OMER - and then the [time of the] Korban ha'Omer came and passed, and
they had not taken root before the Omer
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