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Bava Kama 5

BAVA KAMA 5 - dedicated by Rabbi Ari and Esther Maryles in honor of the publication of Sefer Toras Shimon -- Divrei Torah from the great Chassidic master, Rebbi Shimon Maryles, the Rebbe of Yoruslav (Jaroslaw).

1) [line 1] EDIM ZOMEMIN D'MAMONA HU, LISNI - Edim Zomemin (see Background to Bava Kama 4:29) which is a case of "Mamon" (see ibid., #35), let him mention it! (See Insights for an explanation for why Edim Zomemin is considered Mamon and not Kenas.)

2) [line 2] EIN MESHALMIN AL PI ATZMAN - they do not pay based on their own admission (see Background to Bava Kama 4:35c)

3) [line 2] IY SAVAR LAH K'REBBI AKIVA, LISNI TREI GAVNEI SHOR - if he holds like Rebbi Akiva, then he should mention two types of Shor

4) [line 5] MESHALEM BA'MOSAR NEZEK SHALEM - he pays complete compensation for the extra. That is, in a case where a man damages someone's Shor, and the Shor damages the person (and the Shor is a Shor Tam), and the damage done by the Shor to the man is greater than the damage done by the man to the Shor, the owner of the Shor must pay the complete difference, Nezek Shalem (and not just half of the difference, Chatzi Nezek).

5) [line 6] HA TAVREI REBBI AKIVA LI'GEZIZEI - but Rebbi Akiva "broke the strength of his fist" (i.e. he retracted his opinion)

6) [line 8] "[O VEN YIGACH, O VAS YIGACH; KA'MISHPAT HA'ZEH] YE'ASEH LO" - [Or if it gores a minor boy, or a minor girl, then in accordance with this law] shall be done to him." (Shemos 21:31)

7) [line 10] D'MAMONA HU - that it is a case of Mamon (that is, the payments of Pegam, Boshes and Tza'ar in the case of Ones, and the payments of Pegam and Boshes in the case of Mefateh)

8) [line 15] HEIZEK SHE'EINO NIKAR, SHEMEI HEIZEK - unrecognizable damage (such as damage caused by changing the status of the item) is considered damage
Hezek she'Eino Nikar is non-physical damage, such as the damage done by causing an object to become Halachically prohibited or invalidated for a particular use. The Tana'im argue whether a person may be held liable for such damages.

9) [line 21] L'MI'UTEI - to exclude
10) [line 24] MOSER - an informer, who causes his friend's possessions to be expropriated by a Nochri

11) [line 24] MEFAGEL - a Kohen who disqualifies someone else's sacrifice through a Machsheves Pigul
(a) A sacrifice that was slaughtered with the intention of eating it or offering it after its allotted time becomes disqualified. It is forbidden to eat from such a Korban as it states in Vayikra (7:18), "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, *Pigul* Yiheyeh" - "If [the person bringing the offering plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor."
(b) If a person eats Pigul intentionally he is Chayav Kares. If he eats it unintentionally he must bring a Korban Chatas (SEFER HA'CHINUCH Mitzvah 144). If a person eats the blood of a Korban that is Pigul, he does not transgress this prohibition.

12) [line 30] RACHMANA KARYEI MA'ASEH - the Torah considers it to have been a physical act

13) [line 31] "VA'ASISEM LO KA'ASHER ZAMAM LA'ASOS L'ACHIV; [U'VI'ARTA HA'RA MI'KIRBECHA.]" - And you shall do to him as he plotted to do to his brother; [and you shall remove the evil from your midst.]" (Devarim 19:19)

14) [line 34] AVOS, MICHLAL D'IKA TOLDOS? TOLDOSEIHEN MAI NIHU? - "Avos" implies that there are Toldos? What are those Toldos?

15) [line 36] ASYA "TACHAS" "NESINAH" "YESHALEM" "KESEF" - it (the Halachah that all of the Nezikin must pay from "Meitav") is derived from a mutiple Gezeirah Shavah (see Background to Gitin 41:13), involving the juxtaposition of the words, "Tachas," "Nesinah," "Yeshalem," and "Kesef" (see RASHI DH Tachas for the details of the multiple Gezeirah Shavah)

16) [line 39] LICHTOV RACHMANA CHADA, V'TEISI IDACH MINEI (BINYAN AV) - the Torah should write only one (of the Nezikin), and the others would be derived from it In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is called Binyan Av. A Binyan Av (lit. "building through a father," -- father in this sense means a Biblical source), is a rule of Biblical interpretation in which one subject is deemed a prototype in order to apply a Halachah stated in that subject to other comparable subjects.


17a) [line 3] V'CHULHU, KI SHADIS BOR BEINAIHU - and any one of them (the Avos Nezikin), when you place Bor among them
b) [line 3] ASYA CHULHU B'MAH HA'TZAD - all of the others can be derived through a "Mah ha'Tzad" (see above, entry #16)
c) [line 4] L'VAR MI'KEREN - except for Keren

18) [line 13] LIFTOR BO ES HA'TAMUN - [Esh was written in the Torah in order] to exempt one for damages caused [by his fire] to an item that was hidden or covered

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