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Bechoros 11

*********************GIRSA SECTION*********************
We recommend using the textual changes suggested by the Bach, the Tzon
Kodshim and the parenthetical marginal notes of the Vilna Shas. This section
is devoted to any *OTHER* changes that we feel ought to be made in the
Gemara and Rashi)

[1] Gemara [line 52]:
"Ba'i Asuyei u'Mafrish"

1) [line 1] B'HESEG YAD - when a person is too poor to pay the amount of the Erech that he promised to Hekdesh, the amount that he gives to Hekdesh instead is determined by how much he can *afford*, as the verse says, "Al Pi Asher *Tasig* *Yad* ha'Noder Ya'arichenu ha'Kohen" (Vayikra 27:8).

2) [line 2] PATROZA BAR DANKA - a lean sheep which is worth a sixth of a Dinar

*3*) [line 4] PESHITA - that which Rav Yosef said is obvious, because the Mishnah says specifically that the sheep with which the Peter Chamor is redeemed has no minimum value

4) [line 9] B'RIGYA - with a mean, medial sum
5) [line 9] RAGIL HACHA V'RAGIL HACHA - near to this one (a Sela, which is equivalent to four Zuz) and near to this one (a Shekel, which is equivalent to two Zuz)

6) [line 32] 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).

7) [line 36] V'SU LO MIDI - there is nothing more to be said
8) [line 40] LAKU'ACH - a purchased animal
9) [line 42] ASARAH SEYIN - ten sheep
10) [line 50] D'KA MAFRISH V'KAI - it is already a separate object

11) [line 50] MATANOS SHE'LO HURMU, K'MI SHE'LO HURMU DAMYAN - the priestly gifts that have not yet been tithed are not considered as if they have already been tithed and therefore the Kohen grandfather did not acquire them; there is a Machlokes regarding this matter


There is an argument among the Amora'im as to whether the produce that Nochrim grow in Eretz Yisrael is exempt from tithes. According to the opinion that rules that the produce is exempt (and the RAMBAM rules as such -- see Hilchos Avodah Zarah 10:3), selling or renting them fields in effect removes the inherent Kedushah (sanctity) of the land.

13) [line 7] KA'ASINA MI'KO'ACH GAVRA D'LO MATZIS ISHTA'UYEI DINA BA'HADEI - I am coming with a claim which stems from a person with whom you are unable to do judgment

14) [line 11] DEMAI (TERUMOS / MA'ASROS / DEMAI)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been separated from it. Until the Terumos have been separated, the produce is called Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon, redemption -- see (e) below) receives Malkus (RAMBAM Hilchos Ma'aser Sheni 2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it may not be redeemed. It is considered "Niklat," "captured" by the walls.
(e) Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.
(f) Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance; see Berachos 47b) is referred to as Demai ("Da Mai?" -- "What is this?").
(g) Yochanan Kohen Gadol decreed that Terumas Ma'aser and Ma'aser Sheni must be separated from this produce since a minority of Amei ha'Aretz cannot be trusted to have separated them before selling the produce. Terumah Gedolah, however, because of its stringency, is presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are separated from the produce, but they are eaten by the owner and not given to the Levi or the Ani (in keeping with the principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").

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