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Bava Kama 39

1) [line 3] PIKE'ACH - a person with full faculties; the opposite of a Cheresh

2a) [line 3] CHERESH - a deaf mute

b) [line 4] SHOTEH - (lit. a fool) a person who is mad or deranged
(a) A person is classified as a Shoteh if he regularly, because of madness, destroys or loses that which is given to him, sleeps in a cemetery, goes out alone at night or tears his clothes (Chagigah 3b). According to the RAMBAM (Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits any form of irrational behavior.
(b) A Shoteh is exempt from performing Mitzvos, is not punished for his transgressions and is not liable for the damages that he causes. His purchases and sales are meaningless and are not binding.

c) [line 4] KATAN - a minor (a boy under the age of 13 and a girl under the age of 12)

3) [line 7] APOTROPOS - (O.F. seneschal) steward, manager of the estate (RASHI to Sukah 27a)

4) [line 7] ME'IDIN LAHEN BIFNEI APOTROPOS - testimony is delivered about their injurious animals in front of their Apotropos

5) [line 8] NISPAKE'ACH HA'CHERESH - the deaf-mute became able to hear and speak

6) [line 8] NISHTAFEH HA'SHOTEH - the Shoteh regained his senses
7) [line 10] SHOR HA'ITZTADIN - "a bull of the theater," i.e. a bul used in a bullfight

8) [line 11] V'LO SHE'YAGICHUHU - and not one that is caused to gore

Beis Din does not collect from the property of orphans [in payment for their father's debts] except from Ziburis, the lowest-quality land. The Gemara rules (Kesuvos 84b) that a creditor cannot be "Tofes" (seize) money of the Yesomim towards the payment of a loan, unless he was Tofes during the debtor's (their father's) lifetime.

10a) [line 27] LI'CHESUVAS 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).

(a) As long as they are married, a husband must provide his wife with Mezonos (sustenance). According to some Tana'im, this obligation is mid'Oraisa and is learned from the verse "She'erah...Lo Yigra" (Shemos 21:10). Other Tana'im maintain that the obligation to provide one's wife with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah (stipulations of the Jewish marriage contract) which are imposed by Beis Din upon every Jewish man and wife (Kesuvos 47b).
(b) According to those who maintain that Mezonos is a Rabbinic institution, the Rabanan established a pair of reciprocal institutions throughout the duration of a marriage: The husband must supply his wife with Mezonos, and the wife must give her husband any profits she receives from her handiwork. The Amora'im differ over what the main point of these institutions was. Was the main point of the Rabanan to benefit the husband, by giving him his wife's handiwork, and the Rabanan instituted that he must provide his wife with sustenance as compensation? Or is the opposite true: the main point of the Rabanan was to benefit the wife, by having the husband provide her with sustenance, and the Rabanan gave the husband his wife's handiwork as compensation (ibid. 58b).

11) [line 28] EIPUCH - switch [their opinions (in the Gemara above, beginning on line 22), since they were mistakenly interchanged]

12) [line 33] NACHIS L'UMKEI D'DINA - he delves down to the deep meaning of the laws


13) [line 6] MEDINAS HA'YAM - a land overseas (i.e. a distant land)

14a) [line 17] HAREI HU BI'TEMIMUSO - [Do not read "Tamuso," its status of being a Shor Tam, but rather] "Behold it remains in its state of being unblemished,"
b) [line 17] D'LO MACHSERINAN LEI - that we do not "take off" from it, i.e. we do not let the Nizak collect payments "mi'Gufo" (lit. from the body of the Shor Tam, i.e. from its value)

15) [line 22] RESHUS MESHANEH - (lit. ownership changes)
A change in ownership changes the status of the bull, and whenever a Mu'ad changes hands, it becomes a Tam once more.

16) [line 26] REBBI YAKOV, MAI AVIDTEI? - What did Rebbi Yakov do [to be liable to pay Chatzi Nezek]?

17a) [line 32] SHEMIRAH PECHUSAH - the lower standard of guarding, e.g. a locked door that will stay closed in an average wind
b) [line 33] SHEMIRAH ME'ULAH - the higher standard of guarding, e.g. a locked door that will stay closed in an extraordinary wind

When a Tam becomes a Mu'ad, the side of Tamus remains, and a Tam requires a proper guarding.

19) [line 43] LO NATREI KELAL - he did not guard it at all
20) [last line] AD'MUKI LAH B'MU'AD, NUKMA B'TAM - before he claims that the [first] Beraisa (beginning on line 24) is referring to a case of a Shor ha'Mu'ad for which he guarded a Shemirah Pechusah, he could better have claimed that it is referring to a case of a Shor Tam!

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