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Previous daf Bava Kama 40
1) [line 12] KOFER (KUFRA KAPARAH / KUFRA MAMONA)
(a) If a person's Shor ha'Mu'ad kills another person, the owner of the bull
is Chayav Misah b'Yedei Shamayim and the bull is put to death by stoning.
The owner can *redeem* himself by paying Kofer to the children or heirs of
the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon
Nafsho" (Shemos 21:30).
(b) If a Shor Tam kills a person, although the bull is put to death, the
owner does not have to pay Kofer, according to most Tana'im. (According to
Rebbi Yosi ha'Gelili -- Bava Kama 26a -- a Tam pays Chatzi Kofer when it
kills a person. The amount paid as Kofer is either the owner's value (if he
were sold as a slave), or the dead man's value, according to the various
opinions of the Tana'im (Bava Kama 27a).
(c) Our Gemara entertains two possibilities with regard to the payment of
1. "Kufra Kaparah," meaning that the payment of Kofer serves as an
*atonement* for the owner of the Shor ha'Mu'ad (like a Korban atones for
2) [line 15] "V'NASAN PIDYON NAFSHO" - "[If ransom be laid on him,] then he
shall give for the redemption of his life [whatever is laid upon him.]"
(Shemos 21:30) - The owner of a Shor ha'Mu'ad that kills a person is liable
to pay Kofer, as this verse states. According to Rebbi Yishmael beno Shel
Rebbi Yochanan ben Beroka, he pays Demei Mazik (the value of the one who is
responsible for the damages, i.e. the owner of the Shor ha'Mu'ad). According
to the Rabanan, he pays Demei Nizak (the value of the one who was killed).
2. "Kufra Mamona," meaning that Kofer is a monetary compensation that the
owner of the Shor ha'Mu'ad pays to the heirs of the dead man for "damaging"
the dead man by taking his life. (According to this view, it is clear that
the amount of the Kofer is equal to the value of the man that was killed --
Bava Kama 40a.)
3a) [line 24] NE'EMRAH SHISAH L'MATAH - [with regard to Kofer] the verse
(Shemos 21:30) states "Im Kofer *Yushas* Alav," below
b) [line 24] NE'EMRAH SHISAH L'MA'ALAH - [with regard to the payment for
causing a woman to miscarry] another verse (ibid. 21:22) states "Ka'asher
*Yashis* Alav Ba'al ha'Ishah," above
4) [line 31] BA'I MINA'I MILSA - ask a Halachic question of me
5) [line 37] CHAYAVEI ERCHIN
(a) Erech (= endowment valuation) refers to a special form of vow. If a
person declares, "Erech Ploni Alay" ("I accept upon myself to give the
endowment value of so-and-so [to Hekdesh]"), he must give the specific value
that the Torah designates for the person's gender and age group as stated in
Vayikra 27:1-8 (see below, (b)). It makes no difference at all whether the
person is healthy or sick, strong or weak.
(b) The Erech that the Torah specifies for children between the ages of 1
month and 5 years is 5 Shekalim for males and 3 Shekalim for females
(Vayikra 27:6). For youths and young adults between the ages of 5 years and
20 years, the Erech that the Torah specifies is 20 Shekalim for males and 10
Shekalim for females (Vayikra 27:5). For adults between the ages of 20 years
and 60 years, the Erech that the Torah specifies is 50 Shekalim for males
and 30 Shekalim for females (Vayikra 27:3-4). For adults over 60 years of
age, the Erech that the Torah specifies is 15 Shekalim for males and 10
Shekalim for females (Vayikra 27:7).
6) [line 37] MEMASHKENIN OSAN - [treasurers of Hekdesh] take a Mashkon
(surety) from people [who accepted upon themselves a vow of Erchin. Since
the fulfillment of this vow does not bring about atonement, some people may
need extra motivation to carry out their good intentions.]
7) [line 37] CHAYAVEI CHATA'OS VA'ASHAMOS
(a) KORBAN CHATAS - If a person transgresses a sin b'Shogeg
(unintentionally) for which he is liable to Kares b'Mezid (intentionally),
he is liable to bring a Korban Chatas. The Korban Chatas is a female goat or
(b) KORBAN ASHAM VADAI - The Torah specifies five cases where the Korban
Asham Vadai is brought. The animal offered is usually a ram that costs at
least two Sela'im. The first three involve transgressions:
1. ASHAM ME'ILOS: a person who has benefit from Hekdesh b'Shogeg must bring
a Korban Asham, besides paying the amount he benefited plus a fine of
Chomesh (Vayikra 5:14-16; see Background to Kidushin 55:5a).
(c) ASHAM TALUY - If a person is in doubt whether or not he committed a
transgression for which one must bring a Korban Chatas, he temporarily
brings a Korban Asham Taluy, which is a ram worth two Sela'im (Vayikra
5:17-19). If he later discovers that he did indeed sin, he must offer a
Korban Chatas; the Asham Taluy only provides temporary atonement during the
period of doubt (see Background to Nazir 23:2b).
2. ASHAM GEZEILOS: a person who steals money from a fellow Jew, swears in
Beis Din that he holds no such money and later admits his sin, must return
what he stole, pay a fine of Chomesh, and bring a Korban Asham to receive
atonement (Vayikra 5:20-26).
3. ASHAM SHIFCHAH CHARUFAH: a person who has relations with a Shifchah
Charufah (e.g. a slave who was owned by two partners, and freed by one of
them, who is betrothed to a Jewish slave) must bring a Korban Asham, whether
he did the sin b'Mezid or b'Shogeg (Vayikra 19:20-22; see Background to
4. ASHAM NAZIR: this Korban (a sheep within its first year) is brought by a
Nazir who becomes Tamei during his period of Nezirus (Bamidbar 6:12; see
Background to Nazir 60:2).
5. ASHAM METZORA: this Korban (a sheep within its first year) is brought by
a Metzora upon the completion of his Taharah process (Vayikra 14:12; see
Background to Kidushin 35:24).
8) [line 38] CHAYAVEI KOFRIN
See above, entry #1.
9) [line 40] MICHMAR CHAMIR ALEI, V'LO BA'I MASHKONEI - he considers it
(Kofer) a serious matter, and Hekdesh does not need to take a Mashkon
(surety) from him to make sure that he pays
10) [line 43] SHAVKAN - Leave us alone!
11) [line 43] ISTAGER B'KAMAISA - I am engrossed (lit. locked up, i.e.
bewildered, speechless) with your first [question]!
12a) [line 43] SHA'ALO - he borrowed it (a bull) (SHO'EL)
(a) A Sho'el (borrower) is one who borrows an item from his friend and is
obligated to take care of it. He is liable for damages in cases of Peshi'ah
(negligence), theft or loss, and Ones (an unavoidable accident). (He is
exempt from damages only in a case of "Meisah Machmas Melachah," when the
item was damaged in the normal manner of usage.)
(b) With regard to Nezakin (damages), the Sho'el assumes the role of the
owner of the Shor ha'Mazik in most cases.
13) [line 1] HAVAH MODINA U'MIFERINA (MODEH BI'KENAS PATUR - one who admits
to being obligated to pay a penalty is exempt from the penalty)
Any payment that involves over-compensation for a monetary loss is
considered a "Kenas" (penalty) rather than "Mamon" (compensation). In every
case of Kenas, the liable party does not have to pay the Kenas if he admits
to his guilt of his own accord. Only if witnesses testify to his guilt in
court must he pay. If he admits to his guilt of his own accord, and later
witnesses testify to his guilt in court, the Amora'im argue as to whether or
not he must pay the Kenas (Bava Kama 74b-75a -- he is exempted from payment,
according to the lenient opinion, only if his admission took place under
specific circumstances). Until one is obligated to pay a Kenas in court, he
is fully exempt from payment and does not even have a moral obligation to
pay it on his own accord (RASHBA to Bava Kama 74b, see also RAMBAN in
Milchamos HaSh-m at the end of the third Perek of Kesuvos).
14) [line 2] PALGA NIZKA MAMONA
(a) An bull (or other animal) that gores one or two times is referred to as
a Tam. The owner only pays half the value of the damages (Chatzi Nezek) that
his bull causes through goring, with a maximum of the full value of the bull
that gored. If the bull gored three times, the bull is termed a Mu'ad. If
the bull damages from then on, the owner has to pay the full value of the
damages (Nezek Shalem) that his bull causes through goring. He is held more
liable since it is now evident that the bull's nature has changed to that of
a harmful and injurious animal, and its owner therefore knows that he must
guard it well.
(b) The Amora'im here argue as to why the Torah decreed that the owner of a
Tam pays Chatzi Nezek and not Nezek Shalem. One opinion holds that by law he
should pay Nezek Shalem because he did not guard his bull properly, but the
Torah was lenient (since the bull has not been proven to be a harmful
animal) and exempted him from half of the damages. According to this
opinion, Chatzi Nezek is "Mamona" (compensation) and not "Kenasa" (a fine
imposed by the Torah). The other opinion feels that by law the owner should
be entirely exempted from paying the first three times that his bull causes
damage, since bulls are relatively docile and do not have to be constantly
watched to prevent them from causing damage. Even so, the Torah imposed upon
him a fine of Chatzi Nezek, so that he should guard his bull more carefully
in the future. According to this opinion, Chatzi Nezek is Kenasa and not
(c) The distinction between the payment of Mamon and the payment of Kenas
occurs when the owner of the bull admits, without the testimony of
witnesses, that his bull caused damage. According to the opinion that
maintains Palga Nizka Mamona, he must pay for half of the damages. But the
opinion that maintains Palga Nizka Kenasa rules that he is exempt from
payment since a person does not have to pay Kenas if he admits to his guilt
of his own accord.
15) [line 3] ME'ARIKNA LEI L'AGMA - I would have chased it into the marshes
[and claimed that it is lost]. (Since the Shor Tam only pays from the body
of the animal ("mi'Gufo"), this would have absolved the Sho'el from
16) [line 4] D'AKDIM BEI DINA V'SAFSEI - Beis Din preempted the situation by
seizing the animal
17) [line 6] ATPASTEI L'SORA'I B'YDA MAN D'LO MATZINA L'ISHTA'UYEI DINA
BAHADEI - you let my bull be seized by someone (i.e. Beis Din) from whom I
cannot retrieve it (lit. with whom I cannot argue)
18a) [line 14] L'DIDACH - to you (the owner of the bull)
b) [line 14] L'HA'ICH - to him (the Nizak)
19) [line 15] NOSHEH B'CHAVEIRO MANEH - one who demands from another person
the repayment of a loan of a Maneh (100 Zuz)
20) [line 17] "...V'NASAN LA'ASHER ASHAM LO" - "[Then they shall confess
their sin which they have done; and he shall make restitution for his
trespass in full, and add to it an additional fifth (of the ensuing total,
or a *quarter* of the original value),] and give it to him against whom he
has trespassed." (Bamidbar 5:7)
21a) [line 21] TAVRA! - (a) there is a contradiction (between the two parts
of the Mishnah) (RASHI); (b) a word used as an oath (TOSFOS to Kesuvos 75b
DH Tavra, citing RABEINU CHANANEL)
b) [line 21] MI SHE'SHANAH ZO LO SHANAH ZO - the Tana who taught this (the
Reisha) did not teach that (the Seifa)
22) [line 24] LAV KOL KEMINACH - you do not have the power [to cause my bull
to become a Shor ha'Mu'ad]
23) [line 31] "...MIN HA'BEHEMAH MIN HA'BAKAR U'MIN HA'TZON TAKRIVU ES
KORBANCHEM." - "[Speak to the people of Israel, and say to them, 'If any man
of you brings an offering to HaSh-m, you shall bring your offering] from the
farm animals, from the cattle, and from the flocks [of sheep and goats]."
24) [line 33] U'MIN HA'TZON - that is, the extra letter Vav in the word
"u'Min" (from the same verse, Vayikra 1:2) excludes the case of the Noge'ach
25) [line 31] ROVE'A / NIRBA - a male animal (Rove'a) or a female animal
(Nirba) that had relations with a human
(a) A Rove'a or a Nirba are animals that had relations with a human, as
described in Vayikra 20:15-16 and in Sanhedrin 2a. These animals are put to
death so that they should not cause other people to sin in a similar manner,
and in order not to cause disgrace to the sinner by reminding all who see
these animals of the sin that was done with them (Sanhedrin 54a).
(b) In the instance of a Rove'a and a Nirba, only if two witnesses saw the
act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness
saw it, or if there were no witnesses but the owner told Beis Din of the
incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be
brought as a Korban.
26) [line 32] NE'EVAD
A Ne'evad is an animal before which a person bows down, worshipping it as an
Avodah Zarah. It is unfit to be brought as a Korban. However, it is not
prohibited for personal use since live animals do not become prohibited when
27) [line 32] MUKTZAH
A Muktzah is an animal that has been set aside ("Muktzah") to be used as an
offering for Avodah Zarah. It is unfit to be brought as a Korban. In order
to give an animal the status of a Muktzah, an action must be performed upon
it for Avodah Zarah purposes. Mere speech (Hekdesh l'Avodah Zarah) is not
28) [line 33] NOGE'ACH (SHOR HA'NISKAL)
(a) The term Shor ha'Niskal refers to any animal or bird that is stoned to
death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence
is issued. One of the instances of Shor ha'Niskal is an animal that killed a
person, as described in Shemos 21:28-31 and in Sanhedrin 2a.
(b) In the event that an animal killed a person, only if two witnesses saw
the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one
witness saw it, or if there were no witnesses but the owner told Beis Din of
the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit
to be brought as a Korban.
29) [line 38] L'KETALA - [with regard to] killing [the bull through stoning,
there is a distinction between Ones (being coerced to kill) and Ratzon
30) [line 39] LAV ONES DIDEI KESIV, V'LAV RATZON DIDEI KESIV - [with regard
to the animal that is a Noge'ach being unfit to be brought as a Korban,] the
case of Ones is not explicitly written [in the Torah] and the case of Ratzon
is not explicitly written [in the Torah]