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Bava Kama 24

BAMA KAMA 23 & 24 - This daf has been dedicated l'Iluy Nishmas Esther Chaya Rayzel bas Gershon Eliezer, upon her Yahrzeit and Yom Kevurah, by her daughter and son-in-law, Jeri and Eli Turkel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

The numbers that appear next to certain entries represent the number assigned to those items in the diagram of the Beis ha'Mikdash of the Tiferes Yisrael (e.g. TY #43). This diagram, which will be included in a separate mailing and can be found on our site, is printed both in the Tiferes Yisrael Mishnayos (in Midos Chapter 2 or following Midos) and in Rav P. Kahati's Mishnayos (page 290, at the beginning of Midos).

(a) SHOR HA'MU'AD - An ox that gores two times is still termed a Shor 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.
(b) RICHEK NEGICHOSAV - There is an argument among the Tana'im as to whether the three times that the ox gores must be on different days or may even be on the same day. Rebbi Yehudah rules that they must be on separate days, and therefore if an ox gores three times on one day we attribute it to the same circumstance; we do not consider that the nature of the ox has changed. Rebbi Meir contends that if an ox that gores on three separate days is considered a Shor ha'Mu'ad, then all the more so an ox that gores three times in one day.

2) [line 2] ZAVAH
(a) The eleven days that follow the seven days of Nidah (see Background to Kidushin 80:2b) are "days of Zivah." If a woman experiences bleeding during these days for one or two consecutive days, whether the bleeding is b'Ones (due to an external cause, see below, entry #5:b) or not, she becomes a Zavah Ketanah and is Teme'ah.
(b) If she does not experience bleeding the following night and day, she may immerse in a Mikvah during the day to become Tehorah. She may even immerse on the morning immediately following the day on which she saw blood, but her Tum'ah and Taharah are contingent upon whether or not she sees blood afterwards on that day. She is called a Shomeres Yom k'Neged Yom, because she must *watch* the following day to confirm whether or not she sees blood.
(c) If a woman has a show of blood for three consecutive days during her 11 days of Zivah, she becomes a Zavah Gedolah. In order for her to become Tehorah, she must count seven "clean days" during which she verifies that she has no other show of blood. On the morning of the seventh clean day she immerses in a Mikvah. If she does not experience bleeding during the rest of the day she is Tehorah and no longer a Zavah. A Zavah Gedolah must bring a Korban Zavah to permit her to enter the Beis ha'Mikdash or to eat Kodshim. The Korban is two Torim or two Benei Yonah, one offered as an Olah and one as a Chatas (Vayikra 15:25-30).

3) [line 28] TEME'AH (TUM'AS ZAV V'ZAVAH)
(a) A Zav (see below, entry #5), Zavah (see previous entry), Nidah (see Background to Kidushin 80:2b) or Yoledes (see Background to Kidushin 13:16), can cause objects that are *under* them to become Avos ha'Tum'ah whether they touch them or not. The objects become Tamei Midras (lit. an object that is treaded upon), otherwise known as Mishkav or Moshav ha'Zav, ha'Zavah, etc. (or the *Tachton*, of a Zav, etc.). An object (other than Klei Cheres - earthenware objects) that is under these people becomes a Midras only if it was made for lying, sitting, or leaning upon.
(b) A person who *touches* (Maga) or *carries* (Masa) either a Midras or a Zav or Zavah themselves gets the status of Rishon l'Tum'ah, and so do the clothes he is wearing and other utensils (except for earthenware utensils) that he is touching at the time.
(c) Utensils or clothes that lie *above* the Zav or Zavah also get the status of a Rishon l'Tum'ah, whether he touches them or not. These are called the *Elyon* of a Zav or Zavah.
(d) A Zav or Zavah also cause Tum'ah through Heset, when they move (or outweigh on a balance scale) a person or an object that is Tahor. In all other types of Tum'ah besides Zav, Zavah, Nidah and Yoledes, the Tamei who moves a person or object that is Tahor does *not* Metamei the person or object. Only Zav, etc. can Metamei people or objects in this way.

4a) [line 2] RICHAKAH RE'IYOSEHAH - when she saw blood on three consecutive days
b) [line 3] KIRVAH RE'IYOSEHAH - when she saw blood three times on the same day

5) [line 15] ZAV
(a) A Zav (Vayikra 15:1-15), a man who emits Zov two or three times (see above, entry #3 for a discussion of the Tum'ah of the Zav), whether it is emitted in one day or in two or three consecutive days, is an Av ha'Tum'ah. Zov is a clear discharge with the appearance of the white of a sterile or spoiled egg, in contrast with semen, which has the consistency of fresh egg white. Zov can also be a pus-like discharge resembling the liquid from barley dough or soft barley batter. A man who emits Zov one time is Tamei like a Ba'al Keri (see Background to Bava Kama 25:6) and must immerse and wait for nightfall to become Tahor.
(b) A man who emits a discharge that may be Zov is "checked " to determine whether or not he becomes a Zav. If this discharge came about b'Ones (due to an external cause), he is Tahor. The seven ways are 1. eating too much; 2. drinking too much; 3. carrying a heavy load; 4. jumping; 5. being sick; 6. (a) seeing a frightening sight (RASHI to Nazir 65b); (b) seeing a woman, even without having unclean thoughts (ROSH to Nazir ibid.); 7. having unclean thoughts.
(c) A Zav must count seven "clean" days (Shiv'ah Nekiyim) in which he sees no Zov in order to start his purification process, as it states in Vayikra 15:13. On the seventh day or afterwards, he must immerse in a spring during the day. At nightfall he becomes Tahor, if he did not emit Zov again beforehand (ibid.).
(d) If a Zav emits Zov only two times, he does not bring a Korban. Even if the first time was b'Ones, as long as the second emission was not, he is Tamei. If he emitted Zov three times, whether it is emitted in one day or in two or three consecutive days, he has to bring a Korban after he becomes Tahor in order to enter the Beis ha'Mikdash and to eat Kodshim and Terumah. The Korban is two Torim (turtledoves) or two Benei Yonah (common doves), one offered as an Olah and one as a Chatas.
(e) In the case of three emissions, however, he is only obligated in a Korban if the *first two* were not b'Ones. The third emission may come about b'Ones according to the Rabanan. According to Rebbi Eliezer, he is only obligated in a Korban if *all three* emissions are not b'Ones (Nazir 65b). However, if the Zav had an emission during Shiv'ah Nekiyim, even b'Ones, all agree that this emission stops his count, and he must start counting again (Zavim ibid.).

6) [line 11] U'MAH RA'ISAH? - but what did you see [that made you interpret the verses in this manner, and not in the opposite manner? That is, what made you infer that the verse, "v'Zos..." applies to a Zav, whose status is dependent upon the number of Re'iyos he sees, regardless of the days upon which he experienced them, and excludes a Zavah, whose status *is* dependent upon the days upon which she experiences the Re'iyos]?

7) [line 17] CHAZARAH - (lit. going back [to its original status of being a Tam]) Rebbi Shimon rules that if a Shor ha'Mu'ad encounters on three consecutive days the same situation that led to its designation as a Mu'ad, without goring (or damaging as it did previously), it reverts to its previous status of being a Shor Tam

(a) The Chachamim laid down various rules that determine the Halachah when there is an argument among the Tana'im.
(b) The Halachah follows the opinion of Rebbi Yosi when he argues with an individual Tana since "Nimuko Imo," which means 1. he reasons clearly and solidly (from the word Nimuk, reason or argument -- RASHI to Gitin 67a and to Bechoros 37a); or 2. his opinion is the straightest, most exact one (from the words Nim v'Kav, his words are as straight as a Kav Mishkoles, plumbline -- RASHI to Eruvin 51a).

9a) [line 26] L'YE'UDEI SORA - to designate the status of the ox as a Shor ha'Mu'ad if it gored on three separate days
b) [line 26] L'YE'UDEI GAVRA - to warn the owner on three separate days to guard his ox, at which point he will be liable to pay for full damages

10) [line 27] KITEI SAHADEI - groups of witnesses

11) [line 37] HAZAMAH
(a) If two witnesses testify to a crime or an event and a later set of witnesses contradict their testimony by saying that the crime or event did not take place exactly as the first set of witnesses testified, all of the witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later set of witnesses *disqualify* their testimony by saying that the first set of witnesses were with them in a different place at the time that the first set of witnesses claim that the act took place, the first witnesses are termed Edim Zomimin (conspiring witnesses). The Torah commands that the second set of witnesses be believed, rather than the first. In general, Edim Zomemim are punished with the punishment they tried to cause. (Devarim 19:16-21; see Mishnah Makos 5a)

12) [line 42] "VA'ASISEM LO KA'ASHER ZAMAM LA'ASOS L'ACHIV..." - "Then shall you do to him, as he had thought to have done to his brother; [so shall you put the evil away from among you.]" (Devarim 19:19)


13) [line 5] ANAN, MENA YAD'INAN D'CHOL D'KAI BEI DINA, L'AS'HUDEI B'SORA KA'ASU? - How should we have known that all of those people who were in Beis Din were there to give testimony about this ox?

14) [line 8] D'KAMERAMZEI REMUZEI - they (one of the first groups of witnesses) hinted to them (the third group of witnesses) [that their testimony would be involved in changing the status of the ox to that of a Shor ha'Mu'ad]

15) [line 8] KESH'BA'U RETZUFIM - [the third group of witnesses knew that their testimony would be involved in changing the status of the ox to that of a Shor ha'Mu'ad] since all [of the groups of witnesses] came at the same time

16) [line 13] HA'MESHASEH - one who incites

(a) There are two manners of causing indirect damage. The less direct manner is known as "Grama," for which even Rebbi Meir (Kesuvos 86a) does *not* hold a person liable. The more direct manner is known as "Garmi," for which Rebbi Meir holds a person liable. (The Rishonim argue as to the definition of "more direct.")
(b) A person who incites an animal to damage another person or animal is considered to have caused damage in an indirect manner, and is not liable for the damage caused, since "Grama b'Nezkin Patur."

If a person behaves unconventionally with regard to an unconventional behavior of an animal, the owner of the animal that inflicted the damages is not liable to pay. The Gemara previously pondered a case where Reuven incited Shimon's dog to attack Levi. Rava now rules that even if we assume that Shimon is liable in that case, in a case where Reuven himself incited Shimon's dog that subsequently bit him, Shimon is not liable. Reuven behaved unconventionally by inciting the dog, in which case the owner of the dog is not liable if it too, behaved unconventionally, by biting him.

19) [line 29] REVUTZAH - lying down [in Reshus ha'Rabim]
20) [line 30] BA'ATAH - kicked
21a) [line 32] KI IS LACH RESHUSA, LI'SEGUYEI ALAI - you have permission to walk over me (since I am blocking your way)
b) [line 33] LI'VE'UTEI VI, LEICH LACH RESHUSA - [but] you have no permission to kick me!

22a) [line 35] NAGACH - gored
b) [line 35] NAGAF - struck or pushed; injured

23) [line 43] DAYO LA'BA MIN HA'DIN LIHEYOS KA'NIDON - it is sufficient to give the Halachah learned from a Kal va'Chomer the exact status of the Halachah from which it was learned.

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