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Previous daf 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).
1) [line 1] RICHEK NEGICHOSAV (SHOR HA'MU'AD)
(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
b) [line 3] KIRVAH RE'IYOSEHAH - when she saw blood three times on the same
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
(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
(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
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
8) [line 25] REBBI YOSI NIMUKO IMO
(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
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
16) [line 13] HA'MESHASEH - one who incites
17) [line 13] HA'MESHASEH VADAI PATUR (GERAMA B'NEZAKIN)
(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
(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."
18) [line 26] KOL HA'MESHANEH, U'VA ACHER V'SHINAH BO, 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.