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Bava Metzia 96
BAVA METZIA 96 (14 Adar) - l'Iluy Nishmas Harav Ze'ev Wolf Rosengarten of
Zurich, Switzerland, host to the Brisker Rav and a person of "Sheleimus" in
every way. Dedicated in honor of his Yahrzeit by his nephew and Talmid, Mr.
Eli Rosengarten of Zurich.
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1) [line 10] EIPOCH ANA - [perhaps] I may say the reverse!
2) [line 12] SHE'KEN CHAYAV B'ONSEHA - for it is at that time (the time that
the animal is damaged) that the Shomer becomes obligated to pay for the Ones
3) [line 15] SHE'KEN CHAYAV BI'MEZONOSEHA - for it is at that time (the time
that the animal is initially borrowed) that the Shomer becomes obligated to
feed the animal
4) [line 16] RAV ASHI AMAR [AMAR] KERA - Rav Ashi says that the verse says
5) [line 20] ORCHEI DI'KERA HU - it is the custom of the verse (to speak in
this manner, and thus nothing can be derived from it)
6) [line 24] LEIRA'OS BAH - [a case in which a person borrows an item not to
actually use it, but merely] in order to be seen with it (so that people
will think he is wealthy and will not refrain from selling to him on
credit, -- RASHI)
7) [line 35] BEHA'HI PALGA (D'SHAILEI) [D'SHAYIL] - for that half that he
(the part-owner who is now working for the borrower) lent [to the borrower,
the borrower is exempt because of "Be'alav Imo"] (according to the Girsa of
DIKDULEI SOFRIM #2)
8) [line 36] KINYAN PEIROS K'KINYAN HA'GUF (NICHSEI MILUG)
(a) A woman brings into her marriage two types of possessions, as follows:
1. Possessions that the wife owned before marriage, the values of which were
estimated and written in the Kesuvah, to be returned to her in full upon
divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron
Flock Properties") because their value does not change between the time of
marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified
in the Kesuvah. Upon divorce or the husband's death, the property is
returned as is, regardless of its appreciation or depreciation (or
deterioration) over the years. These are referred to as Nichsei Milug
("Properties that are Plucked"), because for the duration of the marriage
the husband may take ("pluck") the produce (Peiros) of these possessions
(e.g. reaping the fruit of a field, or plowing with an ox). However, he may
not "use up" the property itself (e.g. by digging trenches in the field or
slaughtering the ox). The father, in contrast, does not have the right to
the Peiros of his betrothed daughter's property (i.e. if she inherited
property from her mother's relatives).
(b) Amora'im argue (see Bava Basra 136a) as to whether buying fruits that
will be produced (e.g. the fruits of a tree or the slaves to which a
maidservant will give birth) gives the owner of the fruits a certain amount
of Halachic ownership in the object that bore the fruits. In the case of our
Gemara, the question is whether or not the husband is considered the owner
of the actual property since he is entitled to take the fruits that it
produces.
9) [line 37] HISHA'EL LI IM PARASI - lend yourself out on my behalf [to do
work] together with my cow
10) [line 41] HA'MOCHER SADEHU L'CHAVEIRO L'FEIROS - one who sells his field
to someone else only for the rights to the fruits
11) [line 41] MEVI V'KOREI (BIKURIM)
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge
in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah
Ki Savo El ha'Aretz... vi'Rishtah v'Yashavta Bah... v'Lakachta me'Reishis
Kol Pri ha'Adamah..." - "And it shall be that when you come to the land...
and you inherit it and you settle in it. You shall take of the first fruits
of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard)
of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While
the basket is on his shoulder, he recites the *Mikra Bikurim*, specific
verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt
and giving us the land of Yisrael. He then places the basket of fruit at the
base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim
3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a
Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) In order to recite the "Mikra Bilurim," the owner of the fruit must also
be the owner of the land which produced the fruit.
(c) The Mitzvah of Bikurim applies only to the seven species with which the
land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes,
figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(d) Kohanim eat the Bikurim within the walls of Yerushalayim b'Taharah. If a
person eats them outside of Yerushalayim after the Bikurim have entered
Yerushalayim (according to the Rambam, or after the Bikurim have entered the
Azarah according to Rashi in Makos 18b), he receives Malkos. They must be
brought back into Yerushalayim and eaten there. Similarly, a Kohen (even if
he is Tahor) who eats Bikurim that are Teme'im receives Malkos (RAMBAM ibid.
3:5).
12) [line 44] APOTROPOS - (O.F. seneschal) steward, manager of the household
(RASHI to Sukah 27a)
13) [line 45] HAFER LAH (HAFARAS NEDARIM) - annul for her
(a) A man has the right to annul certain vows of his wife and his young
daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes
this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow]
is annulled"). There is an argument among the Tana'im whether the vow must
be annulled before nightfall on the day the husband/father heard it, or
before 24 hours pass from when he heard it (Nedarim 77a); the former is the
Halachic opinion.
(b) A father may annul his daughter's vows while she is young, starting from
the age at which her vows are valid (11 years old) until she becomes a
Bogeres (six months after she becomes a Na'arah by growing two pubic hairs).
If the father marries her off before she becomes a Bogeres, during the
period of Eirusin both the father *and* the husband, or "Arus," must annul
the vows in order for the annulment to be effective. After the consummation
of the marriage through Nisu'in, the husband may annul the vows by himself.
The father no longer has rights over her vows after her marriage, even if
she is divorced before becoming a Bogeres.
(c) If the father or husband is "Mekayem" the vow even before the day is over
(i.e. he upholds or endorses the vow; this is also referred to as "Kiyum" or
"Hakamah"), by stating "[the vow] is endorsed," he can no longer be Mefer
the vow. His wife or daughter must abide by her vow. (There is a
disagreement among the Poskim as to whether the wife or daughter can remove
the Neder through *Hataras* Nedarim after Hakamah, see Insights to Nedarim
69:1:a:1.)
14) [line 46] "... ISHAH YEKIMENU V'ISHAH YEFERENU." - "... her husband may
uphold it, or her husband may annul it." (Bamidbar 30:14)
15) [line 50] BAR MITZVAH HU - he is obligated in Mitzvos
16) [line 51] YAD EVED K'YAD RABO - the hand of the slave is like the hand
of his master
17) [last line] BA'AL B'NICHSEI ISHTO - [what is the status of] a husband
using his wife's property (NICHSEI MILUG)
See above, entry 8:a.
96b---------------------------------------96b
18) [line 1] L'FUM CHURFA SHABESHTA - in accordance with his acuteness of
mind is his error
19) [line 5] AGAR MINAH PARAH V'HADAR NASVAH - he rented from her a cow, and
then he married her
20) [line 14] SHO'EL MESHALEM LA'SOCHER / TACHZIR PARAH LA'BE'ALIM
Rebbi Yosi and the Rabanan argue (Mishnah Bava Metzia 35b) about a case in
which one leases his cow to a Socher, and the Socher lends it to a Sho'el,
and then the cow dies in a normal manner. The Rabanan maintain that the
Socher may exempt himself from paying the owner by swearing that the cow
died normally. The one who borrowed it from the Socher, though, must pay the
Socher the value of the cow ("Sho'el Meshalem la'Socher"). Rebbi Yosi argues
and says that we may not let the Socher profit through the property of
someone else (the owner of the cow). Rather, the Sho'el must pay the owner
of the cow ("Tachzir Parah la'Be'alim").
21) [line 21] B'USHA HISKINU - they instituted in Usha (TAKANAS USHA)
This refers to the ordinance enacted by the Beis Din (Sanhedrin) of Usha, a
city in the western part of the lower Galilee. It was one of the ten places
to which the Sanhedrin was exiled at the time of the destruction of the
second Beis ha'Mikdash. The Beis Din of Usha enacted that if a woman sells
her Nichsei Milug during the lifetime of her husband and then she dies
before her husband, her husband may expropriate the property from the
buyers, because he is considered to be an earlier buyer.
22) [line 23] BA'AL B'NICHSEI ISHTO MI MA'AL? - Who transgresses the Isur of
Me'ilah when a husband receives the property of his wife? (ME'ILAH)
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...u'Nedarecha
Asher Tidor" - "You may not eat in your settlements... and your pledges [to
Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah
1:1-3). The minimum amount for which one transgresses this prohibition is a
Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and
must pay to Hekdesh the amount that he benefited. However, the object from
which he benefited remains Hekdesh.
(c) 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). This is true of any object that has Kedushas Damim
(i.e. its value is consecrated to Hekdesh). An object that has Kedushas
ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in
the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as
is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
(d) When a married woman inherits property, a Takanah d'Rabanan entitles her
husband to the usage and fruits of that property. The property is, in
effect, transferred from her domain to her husband's. The Gemara asks: if
the property had been sanctified as Hekdesh by the previous owner who
bequeathed it to the woman, but the woman and husband were not aware that it
was Hekdesh, who transgresses the Isur of Me'ilah when the property is
removed (by the Takanah d'Rabanan) from the domain of Hekdesh and put into
the domain of the husband?
23a) [line 26] TIM'OL IHI? - Should she be obligated for Me'ilah? (By
transferring the property from her domain to her husband's domain at the
bequest of the Takanah d'Rabanan (see previous entry), perhaps the wife is
the one who transgresses Me'ilah.)
b) [line 26] D'HEITEIRA NAMI LO NICHA LAH D'LIKNI - the woman does not
want to transfer to her husband even permissible property (i.e. which is not
Hekdesh). (Rather, the Takanah d'Rabanan forces her to give her inherited
property to her husband.)
24) [line 29] L'ISURA LO AVID RABANAN TAKANTA - the Rabanan did not make
their enactment apply in a case where doing so would cause them to
transgress an Isur
25) [line 31] KICHESH BASAR MACHMAS MELACHAH - its muscles were weakened as
a result of doing work
26) [line 32] AMAR (LEI) [LEHU] HA'HU ME'RABANAN - one of the Sages said to
them (to the other students of the Yeshivah) (according to the Girsa of
DIKDUKEI SOFRIM #20)
27) [line 34] LAV L'UKMA B'CHILASA SHE'ILTAH - I did not borrow it in order
to lock it in a cage (but rather I borrowed it to use it)
28) [line 40] NARGA - ax
29) [line 40] ITVAR - it broke
30) [line 41] ZIL, AISI SAHADEI D'LAV SHANIS BEI, V'IFTAR - go, bring
witnesses that you did not deviate [from the way you were supposed to use
the object], and you will be exempt
31) [last line] NARGA MA'ALYA - a good ax
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