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Bava Kama 7

BAVA KAMA 7 - dedicated by Rabbi Eli Turkel and his wife of Ra'anana, Israel, in honor of the birth of their grandson to Rachel and Oz Mandelbrot in Berlin, Germany.

1a) [line 1] BEINONIS - land of average quality
b) [line 1] BA'AL CHOV B'VEINONIS - see Background to Bava Kama 6:10 and below, entry #29

2a) [line 3] YAFEH KOCHO B'NIZAKIN - his (i.e. a lender's) power is greater in cases of collecting payment for damages [since he may collect from Idis]
b) [line 4] HURA KOCHO B'NIZAKIN - his (i.e. Hekdesh's) power is weakened in cases of collecting payment for damages [since Hekdesh may not collect at all for damages]

3) [line 10] BEIN TAM BEIN MU'AD
An ox that gores two times is still referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring. (See Background to Bava Kama 2:1:b:1.)

4) [line 10] NEZEK SHALEM - the value of the entire damage. See previous entry.
5) [line 23] "[BA'AL HA'BOR YESHALEM, KESEF] YASHIV [LI'V'ALAV; VEHA'MES YIHEYEH LO.]" - "[The owner of the pit shall make restitution, and] shall return [money to its owner; and the dead beast shall be his.]" (Shemos 21:34) - The word "Yashiv," "shall return," is unnecessary, since it would have sufficed to say that he should pay. As such, we see that the owner of the pit (and all other people who themselves or whose possessions cause damage), can pay even Subin.

6) [line 24] SUBIN - Literally, (a) bran that adheres to the wheat kernel that is separated out in the last stages of sifting; alt. coarse bran that comes off the wheat when it is pounded; (b) flour of the second sifting, bran flour. Figuratively, something of inferior quality (e.g. with regard to land, this could refer to Beinonis in comparison to Idis)

7a) [line 24] MI'DA'ATO - of his own free will
b) [line 24] B'AL KORCHO - through the coercion of Beis Din

8) [line 28] KED'MAR - this can only be reconciled according to the explanation that Mar (Rabah) taught

9) [line 28] HAREI SHE'HAYU LO - someone who has 200 Zuz may neither take Tzedakah (charity) nor Matanas Aniyim (tithes for the poor -- see below, entry 10b). However if someone had 200 Zuz worth of real estate but was unable to sell it, there are instances when he is considered poor enough to take Tzedakah and Ma'aser Ani

10a) [line 29] MA'ACHILIN OSO MA'ASER ANI AD MECHETZAH - we give him up to 100 Zuz in Ma'aser Ani, since in the worst case scenario, the real estate can be sold for half of its value. He can sell his real estate for half of its price and make up the remainder from Ma'aser Ani

b) [line 29] MA'ASER ANI
(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 (a single grain exempts the entire batch), the Rabanan set the requirement at one fiftieth of the total crop.
(b) 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.
(c) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(d) 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.
(e) 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.

11) [line 30] HAVI BAH MAR - Rabah asked a question about it (the Beraisa)
12) [line 32] AFILU TUVA NAMI LISFI LEI - if land prices went down in general, then his land is actually worth less and he is therefore entitled to Ma'aser Ani, in which case we may give him even more than 100 Zuz, since one who is entitled to receive Ma'aser Ani may receive even more than 200 Zuz at one time

13) [last line] ZAL AR'EI - if only his property went down in price (since it became known that he was pressed for money)


14) [line 1] PORTA - a small amount. We should not give him any Ma'aser Ani since his assets are actually worth more than 200 Zuz

15) [line 3] KULEI ALMA NATREI - everybody waits for the proper time to sell
16) [line 4] MEZABNEI - to sell
b) [line 4] ZAVIN - he sells before the season (since he is pressed for money)

17) [line 8] IY SHAKALT K'DINACH - if you take Idis, which is my basic requirement to you, then I will give you land according to the present (deflated) price. However, if you insist on Beinonis, then you must take according to the future (inflated) price

18) [line 13] IY IKA LIDMUYEI - if you wish to compare something to the case of Rabah it is rather this case

19) [line 14] BA'AL CHOV DINEI B'VEINONIS - see Background to Bava Kama 6:10 and below, entry #29

20) [line 18] IM KEN, NA'ALTA DELES BIFNEI LOVIN - if so (if you say that lenders can only collect from Ziburis), then you are locking the door in the face of borrowers (since no lender will want to lend money to them)

21) [line 22] KESUVAS ISHAH (KESUVAH - the Jewish marriage contract)
(a) When a man marries a woman who was a Besulah (virgin) at the time of her Kidushin, he must write her a Kesuvah document in which he promises that she will receive 200 Zuz (the value of 960 grams of silver) from him or his estate if he divorces her or dies. The Tana'im argue whether this obligation is mid'Oraisa or mid'Rabanan (Kesuvos 10a). (See Insights to Kesuvos 10:1.)
(b) When a man marries a widow or a divorcee who had once been married in the past (i.e. she was a Nesu'ah and was not just an Arusah) he must write her a Kesuvah document in which he promises that she will receive 100 Zuz from him or his estate if he divorces her or dies. Even if the woman is still a virgin, the woman is classified as a "Be'ulah" with regard to the amount of her Kesuvah because she was once married and she is not given the Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a widow or divorcee is only mid'Rabanan (Kesuvos 10b -- The Gemara there explains that the term for "widow," "Almanah," alludes to her Kesuvah of a "Manah," or 100 Zuz).
(c) When a man marries a woman who was less than three years old at the time that he was Mekadesh (betrothed) her, he must write her the Kesuvah of a Besulah and promise her 200 Zuz from him or his estate if he divorces her or dies. A girl less than three years of age is considered a Besulah whether or not she was married or had relations in the past, since her Besulim return to their original state (Kesuvos 11b).
(d) The Tana'im argue as to whether a woman collects the value of her Kesuvah only from real estate that the husband or his estate owns or also from chattels (Yevamos 99a, Kesuvos 81b).

22) [line 22] KESUVAS ISHAH, DINAH B'ZIBURIS - see Background to Bava Kama 6:10 and below, entry #29

23) [line 24] BATZIR PORTA - a bit less
24) [line 29] BEI RAV - the study house
25) [line 29] KOL MILEI MEITAV HU - everything other than land is considered Maitav - Idis

26a) [line 29] D'IY LO MIZDABEN HACHA - for if it can not be sold here
b) [line 29] MIZDABEN B'MASA ACHARISI - it can be sold elsewhere
27) [line 30] L'VAR ME'AR'A - except for land, which cannot be transported

28a) [line 30] D'LEISIV LEI MI'MEITAV - where the Mazik is required to pay Idis-quality land
b) [line 30] KI HEICHI D'LIKPOTZ ALAH ZEVINA - in order that it should be easily salable

(a) If a person cannot pay back his debts, the creditor can receive payment by transferring ownership of a plot of land of the debtor into his hands. For this purpose, Chazal classified plots of land using three levels of quality: Ziburis - the poorest quality, Beinonis - average quality and Idis - the highest quality. Damages (Nezikin) are reimbursed with Idis. Standard loans (Halva'os) and debts (Chovos) are repaid using Beinonis. The value of a Kesuvah or debts owed by orphans for claims on their father's estate are paid using Ziburis.
(b) According to Rav Nachman (Kesuvos 110a), these levels of quality are based solely on the property of the debtor. According to Rav Sheshes, they are based on the general value of properties in the entire area. E.g. if a person's best parcel of land is only of average quality, it is valued as Idis according to Rav Nachman, but according to Rav Sheshes it is valued as Beinonis.

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