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Bava Metzia 80
BAVA METZIA 80 (28 Shevat) - Dedicated by the Rosemans of Har Nof in loving
memory of their mother and grandmother, Miryam bat Yisrael of blessed
memory, who passed away on 28 Shevat 5759.
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1) [line 1] HA'SOCHER ES HA'PARAH LACHAROSH - a person who rents a cow to
plow for him (where the plow belongs to the owner of the cow, who also sends
along two workers to assist the renter: one to direct the cow along the
furrows with the Darban (the goad) and one to make sure that the plowshare
is thrust deeply enough into the ground)
2) [line 2] KANKAN - (O.F. coltre) plowshare, a sharp blade that is attached
to the front of a plow to make a vertical cut in the ground
3) [line 3] LADUSH - to thresh
4) [line 4] KITNIS - legumes, beans
5) [line 4] TEVU'A - grain
6) [line 5] MACHALEKES - causes [the animal] to slip
7) [line 6] HEICHAH D'LO SHANI BAH - in a case where the renter did not
change [the conditions of the rental, and even so the Kankan broke]
8a) [line 7] D'NAKIT PARSHA - the one who holds the goad
b) [line 8] D'NAKIT MANA - the one who holds the Kankan
9) [line 9] DUCHTA D'MICHAZKA GUNDEREI - a place where the earth is known to
be full of stones and bedrock
10a) [line 11] PARAH ZO NAGCHANIS HI - this cow is a cow that gores
b) [line 11] NASHCHANIS - ... that bites
c) [line 12] BA'ATANIS - ... that kicks
d) [line 12] RAVTZANIS - ... that lies down [in Reshus ha'Rabim]
11a) [line 12] V'HAYAH BAH MUM ECHAD - and it actually had one of those bad
habits (lit. blemishes)
b) [line 13] V'SANFO BEIN HA'MUMIN - and he included it (lit. attached it)
in a list of other blemishes [that it did not possess]
12) [line 13] MEKACH TA'US - a mistaken sale
(a) When one person misleads another in the sale of an object, and because
he was misled the buyer does not receive what he thought he was purchasing,
the sale is revoked and the object and money are returned to their original
owners. Similarly, if the buyer overpays by more than one sixth of the value
of the object that was sold, the sale is revoked and the object and money
are returned to their original owners.
(b) If the buyer was misled about a minor point of the sale, or was
overcharged by one sixth of the value of the object, the sale is valid, but
the seller is required to deliver to the buyer everything that he had
promised, and to return what he overcharged.
(c) If the seller did not mislead the buyer, but the buyer mistook the
seller's intentions, the sale is at times valid such that the seller does
not have to reimburse the buyer.
13) [line 13] MUM ZEH U'MUM ACHER - "this particular blemish (which he
specifies) and others as well"
14a) [line 16] SHOTAH - (lit. a fool) a woman who is mad or deranged
(a) A person is classified as a Shoteh if he regularly, because of madness,
destroys or loses that which is given to him, sleeps in a cemetery, goes out
alone at night or tears his clothes (Chagigah 3b). According to the RAMBAM
(Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits any form
of irrational behavior.
(b) A Shoteh is exempt from performing Mitzvos, is not punished for his
transgressions and is not liable for the damages that he causes. If a person
sells a slave who is a Shoteh without informing the buyer of the blemish,
the sale is not vaid.
b) [line 16] NICHPEIS - a woman who is an epileptic
c) [line 16] MESHU'AMEMES - mad, insane
15a) [line 25] NEFACH - [extra] volume
b) [line 25] MASOY - [extra] weight
16) [line 25-28] LESECH / SE'AH / SHELOSHAH KABIN (MEASUREMENTS OF VOLUME)
- 1 Kur (= 1 Chomer) = 30 Se'in
- 1 Lesech = 15 Se'in
- 1 Eifah = 3 Se'in
- 1 Se'ah = 6 Kabin
- 1 Tarkav (= 3 Kabin) = 12 Lugin
- 1 Kav = 4 Lugin
- 1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim
- 1 Beitzah = 2 k'Zeisim
- 1 k'Zayis = approximately 0.025, 0.0288 or 0.05 liters, depending upon the differing Halachic opinions.
Therefore:
1 Lesech = 108, 124.41, or 216 liters, depending upon the differing Halachic
opinions
1 Se'ah = 7.2, 8.29, or 14.4 liters, depending upon the differing Halachic
opinions
3 Kabin = 3.6, 4.14, or 7.2 liters, depending upon the differing Halachic
opinions
17a) [line 29] KASHEH K'MASOY - [extra volume] is as difficult as [extra]
weight
b) [line 30] KASHEH L'MASOY - [extra volume] is an additional factor in
contributing to the difficulty of a load (therefore, if two loads are of
equal weight and one of them has a larger volume, it will be harder to
carry)
18) [line 31] NAFCHAH KI TIKLAH - [extra] volume is like [extra] weight
19) [line 33] TIKLAH KI TIKLAH, V'NAFCHA HEVEI TOSEFES - when the weight is
equal, the volume is the additional factor that makes the load unbearable
80b---------------------------------------80b
20) [line 2] MECHIKTA - (a) infested with worms (TESHUVOS HA'GA'ONIM, cited
by RASHI); (b) a level measure, as opposed to normal measures (Tefufos) and
heaping measures (Gedushos)
21) [line 3] KATAF - a porter
22) [line 3] ADRIV - a Lesech, a measure of 15 Se'in (see above, entry #16)
23) [line 3] AREIVAH - a rowboat
24) [line 3] KUR - a measure of 30 Se'in (see above, entry #16)
25) [line 3] SEFINAH - a normal-sized boat
26) [line 4] BURNI GEDOLAH - (O.F. dromont - a type of ship) - a large ship
27) [line 4] IM ISA D'LO MATZI BEI - if it happens that he cannot carry it
28) [line 5] LISHADYEI - he should throw it down [before he gets hurt]
29) [line 6] CHAVATO L'ALTAR - it crushed him instantaneously
30) [line 12-38] SHOMREI SACHAR / SHOMER CHINAM / SHO'EL / SOCHER (FOUR
SHOMRIM)
The Torah (Shemos 22:6-14) mentions four types of Shomrim (watchmen) and the
different Halachos that apply to them:
1. SHOMER CHINAM - the Shomer Chinam is one who watches an item without
demanding compensation from the owner. He is liable for damages only in
cases of Peshi'ah (negligence), but not in cases of theft or loss, and
certainly not in a case of Ones (an unavoidable accident).
2. SHO'EL - the Sho'el, the borrower, is one who borrows an item in order to
use it and becomes obligated to take care of it. He is liable for damages in
cases of Peshi'ah, theft or loss, and Ones. He is exempt from damages only
in a case of "Meisah Machmas Melachah," when the item was damaged in the
normal manner of usage, or if the item was damaged while its owner was
working for the borrower ("Be'alav Imo").
3. NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to
watch an item but is not permitted to use it. He is liable for damages in
cases of Peshi'ah, theft or loss, but is not liable in a case of Ones.
4. SOCHER - the Socher, or renter, is one who pays money to rent an item. He
is liable for damages in cases of Peshi'ah, theft or loss, but is not liable
in a case of Ones, just like a Shomer Sachar, according to some of the
Tana'im. Others assert that a Socher is liable for damages only in cases of
Peshi'ah, but not in cases of theft or loss, and certainly not in a case of
Ones, just like a Shomer Chinam (Bava Metzia 93a).
31) [line 14] SHEMOR LI V'ESHMOR LECHA - watch [an item] for me and I will
watch [an item] for you
32) [line 16] HILVAHU AL HA'MASHKON - one who lends money and takes
collateral
33) [line 17] HILVAHU PEIROS SHOMER SACHAR - if one lends fruit [and takes c
ollateral,] he (the Malveh) is a Shomer Sachar [for the item of collateral,
since he benefits by not having to guard his own fruit from rotting; he will
receive new fruit when the Loveh repays the loan]
34) [line 19] LIHEYOS POSEK V'HOLECH ALAV - to fix a [rental] price to it
and deduct [the sums that he receives as rental fees from the poor man's
debt]
35) [line 24] KA SHAVIK KULEI ALMA, V'AGIR LEI L'DIDEI - that he passes up
all other artisans and hires this artisan [to do work for him]
36) [line 27] MOGAR LEI L'DIDEI - and he rents out his item to this renter
37a) [line 29] KA YAHIV LEI TEFEI PURSA - that he pays the artisan slightly
more than what his work is worth
b) [line 30] KA MESHAVEI LEI TEFEI PURSA - he rented out the item for
slightly less than the usual rental fee
38) [line 32] TAFIS LEI A'AGREI - he holds on to it (the item upon which he
was working) to make sure that the owner pays his wages
39) [line 34] KED'MACHLIF RABAH BAR AVUHA V'SANI - like Rabah bar Avuha
switched the opinions [of Rebbi Meir and Rebbi Yehudah] and taught
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