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Bava Basra 26

BAVA BASRA 26 - dedicated by Mr. N. Brown, a devotee of the Torah who is Mekadesh Shem Shamayim in Rechavya, Yerushalayim. May the Torah always protect and uplift his entire family!

1) [line 1] KED'NAYID NICHTEMA A'PUMEI D'CHATZBA- [so strong that] (a) the lid of a jug shakes (RASHI) since the lid is very light (RITZBA, cited by TOSFOS DH a'Puma); (b) the lid of a jug shakes when someone is holding the jug (TOSFOS ibid.)

2) [line 1] DEVEI BAR MERYON BEREI D'RAVIN - the house Meryon, the son of Ravin

3) [line 2] KI HAVAH NAPTZEI KISNA - when they were beating out flax
4) [line 2] HAVAH AZLA RAKSA - the waste would fly
5) [line 6] ZIKA HU D'KA MAMTI LAH - the wind is what carried it

6) [line 7] ZOREH V'RU'ACH MESAYATO - one who winnows and the wind helps him (AVOS MELACHOS OF SHABBOS)
(a) There are thirty-nine Avos Melachos (categories of creative acts) that are forbidden mid'Oraisa on Shabbos. Each Av Melachah has Toldos (sub-categories) that are also forbidden mid'Oraisa. A list of the Avos Melachos is found in the Mishnah on Daf 73a (see Background to Shabbos 73:6).
(b) A person who transgresses one of the Avos or Toldos of Shabbos and was unaware that the act was a Melachah, *or* he was unaware that the day was Shabbos, needs to bring a Korban Chatas to atone for the sin. If he had full intent to do the Melachah, he may be liable to Kares (his life is cut short and/or his children will die out) or Sekilah (Halachic stoning). Kares applies if he was not warned, and two witnesses did not see the act. Sekilah applies if he did the Melachah after receiving a proper warning not to do it, and two witnesses saw him do it. (According to Isi ben Yehudah, transgressing a particular *one* of the thirty-nine Melachos never results in Sekilah, but it is not known which one - Gemara and Tosfos to Shabbos DH Ha)
(c) The Av Melachah of Zoreh is winnowing, i.e. using the wind to separate wanted from unwanted objects, such as grain from chaff. A person throws the mixture into the air and the wind blows away the lightweight chaff while the heavier grain falls back down onto the pile

7) [line 10] GETZ - a spark
8) [line 10] PATISH - a hammer
9) [line 18] YE'AKEV ES HA'MACHAREISHAH - hinder the plow
10a) [line 19] BOR - a round pit or well that is dug in the ground; cistern
b) [line 19] SHI'ACH - a narrow elongated well or ditches
c) [line 19] ME'ARAH - a cave (usually leading to a spring or water source)

11) [line 20] KEDEI AVODAS HA'KEREM - an open area four Amos in width around a vineyard, which is needed since it was their custom to plow this area, and which was used during the harvest season for the pickers' wagons to drive alongside the vineyard

12) [line 25] IKA D'RAMI LAH MIRMA - there are some [Amora'im] who present the discrepancy in the form of a question [that illustrates the contradiction]

13) [line 28] A'MEITZRA D'FARDEISA D'RAV YOSEF - on the border of the vineyard of Rav Yosef

14) [line 32] HAI DIKLA D'TA'IN KAVA - a date-palm that produces [at least] a Kav of fruit (MEASUREMENTS OF VOLUME)
For a list of measures of volume used in the Gemara, such as Kav, see Background to Bava Basra 23:11.

15) [line 33] SHACHIV - died
16) [line 33] SHICHECHAS BERI - my son, Shichechas
17) [line 35] KA KA'ITZ SHORASHAV - he was cutting the roots [of his date-palms]
18) [last line] LO YACHILI LEI - I was not able to [win the argument] with him


19) [line 1] METZAR SHE'HECHEZIKU BO RABIM - an area that the public became accustomed to use

20) [line 6] YAKOV (HADYEIVA) [CHADYEIVA] - Yakov of Hadyeiv, Adiabena, a district of Assyria between the rivers Lycus and Caprus

21a) [line 9] LO NEHENIN V'LO MO'ALIN - It is forbidden mid'Rabanan to derive benefit from them and if one does, he does not bring a Korban Me'ilah (see next entry) since the roots are not Hekdesh, but only appear to be, since they have tunneled into the field of Hekdesh

(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).

22) [line 15] MIDI IRYA - neither can be inferred from the [seemingly contradictory] sources

23) [line 15] GIDULIN HA'BA'IN L'ACHAR MI'KAN - shoots that grow afterwards (i.e. after the tree was consecrated to Hekdesh and one opinion states that these shoots are not considered to belong to Hekdesh)

24) [line 20] 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) 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).
(c) Kohanim eat the Bikurim within the walls of Yerushalayim. 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.

(a) The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7.
(b) Chazal learn from the verse, "be'Charish uva'Katzir Tishbos" (Shemos 34:21), that mid'Oraisa the prohibition against plowing the land during Shemitah starts one month before the actual Shemitah year ("Tosefes Shevi'is"). This applies both to fields and to orchards with grown trees. The Rabanan added to this prohibition and prohibited plowing a field from the Pesach before Shemitah and an orchard with grown trees from the Shavu'os before Shemitah.
(c) The Halachah l'Moshe mi'Sinai of "Eser Neti'os" teaches that if ten *saplings* are planted with equidistant spacing in an area of a Beis Se'ah (fifty square Amos -- see Background to Bava Basra 24:25:c), one is permitted to plow them right up to Rosh Hashanah of the Shemitah year, in spite of the Mitzvah of Tosefes Shevi'is described above. If there are less than ten saplings in this area or they are not planted as above (with equidistant spacing in the area of a Beis Se'ah), it is only permitted to plow the immediate area around each sapling up to the Shemitah year, but not the entire orchard (Shevi'is 1:6).

26) [line 24] GARMIDEI - Amos

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