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Bava Kama 46

BAVA KAMA 46 - L'Iluy Nishmos Chaim Yissachar ben Yaakov [Smulewitz] and his wife, Esther Chaya Rayzel bas Gershon Eliezer, of Cleveland, Ohio. Sponsored by their children: Moish Smulevitz, Jeri Turkel, Marcia Weinblatt and families.

1) [line 5] "V'LO YECHASENU" - "[And if a man shall open a pit, or if a man shall dig a pit,] and not cover it, [and a bull or a donkey falls in it;]" (Shemos 21:33)

2) [line 10] KELEV RA - a bad-tempered dog; i.e. a dog that barks at anyone with which it is not familiar (and frightens people and causes pregnant women to miscarry) (YAM SHEL SHLOMO Bava Kama 7:45)

3) [line 11] SULAM RA'U'A - a shaky ladder

4a) [line 11] "V'LO SASIM DAMIM B'VEISECHA..." - "[When you build a new house, you must make a guardrail for your roof; so that] you shall not shed blood in your house [because the falling person will fall from it.]" (Devarim 22:8)

b) [line 11] V'LO SASIM DAMIM B'VEISECHA (MA'AKEH - a guardrail)
The Torah commands that a guardrail that is at least ten Tefachim high be built around the roof of one's home (or balcony) in order to prevent calamities. The guardrail must be strong enough to support the weight of a person who is leaning on it. Additionally, from the words "v'Lo Sasim Damim b'Veisecha," it is learned that one may not allow any dangerous situation to remain in one's house. A person may not leave an uncovered pit in his courtyard, or leave a weak ladder in his house. If he owns a bad-tempered dog, he also transgresses this Lav. (SEFER HA'CHINUCH #547)


5) [line 14] UBRAH - her [dead] fetus

Sumchus maintains that property of doubtful ownership, i.e. with several claimants, is divided among the claimants. There is an argument among the Amora'im as to whether he rules as such even when the litigant claims with a certainty that he does not owe the money (Ta'anas Bari) or only in a case where the litigant cannot say with certainty that he does not owe the money (Ta'anas Shema).

7) [line 19] HA'MOTZI ME'CHAVEIRO ALAV HA'RE'AYAH - the burden of proof rests upon the claimant
According to the Chachamim who disagree with Sumchus, the general rule in monetary claims is that the burden of proof rests with the one who wishes to extract payment or items of value from his opponent. Hence, when there is a doubt, all money remains with the one who has possession. (Sumchus, who argues, maintains that when Beis Din is in doubt with regard to a monetary claim, they divide the money among the claimants (see previous entry).

8) [line 23] MEKACH TA'US - a mistaken sale
(a) When a person misleads his friend in the sale of an object, and because he was miled the buyer does not receive what he thought he was purchasing, the sale is revoked and the object and money are returned to their original owners. Similarly, if the buyer overpays by nore than one sixth of the value of the object that was sold, the sale is revoked and the object and money are returned to their original owners.
(b) If the buyer was misled about a minor point of the sale, or was overcharged by one sixth of the value of the object, the sale is valid, but the seller is required to deliver to the buyer everything that he had promised, and to return what he overcharged.
(c) If the seller did not mislead the buyer, but the buyer mistook the seller's intentions, the slae is at times valid such that the seller does not have to reimburse he buyer.

9) [line 24] D'ZAVIN - who purchases
10a) [line 24] RIDYA - plowing
b) [line 24] NACHSASA - slaughtering


11) [line 1] V'IY LEIKA L'ISHTALUMEI MINEI, LISHKELEI L'SORA B'ZUZEI - and if the seller does not have money to return to the buyer, let the buyer take the bull [as repayment as if he had repaid him] in coins

12) [line 2] MI'MAREI RASHVASACH, PA'AREI IPARA - from your debtor, accept [even] coarse bran in payment

13a) [line 8] B'ISURA - with regard to matters of Isur and Heter (what is prohibited and what is permitted)

Beis Din does not rule in monetary matters according to the majority of cases, when this involves extracting money from a litigant. (See Insights to Bava Kama 27b)

14) [line 16] "...MI VA'AL DEVARIM YIGASH ALEIHEM.'" - "[And he said to the elders, 'Wait here for us, until we come again to you; and, behold, Aharon and Chur are with you;] if any man has any matters, let him come to them.'" (Shemos 24:14)

15) [line 17] YAGISH RE'AYAH ALEIHEM - shall present his proof (witnesses, documents, etc.) to them

16) [line 18] LAMAH LI KERA, SEVARA HU! - Why do I need a verse? It is a logical deduction!

17) [line 18] D'CHA'IV LEI KE'EIVA, AZIL L'VEI ASYA - the one who has a pain should go to the hospital

18) [line 21] MINAYIN SHE'EIN NIZKAKIN ELA LA'TOVE'A TECHILAH? - From where do we learn that the words of the claimant are carried out first [and only afterwards do we carry out the claims of his opponent (see Rashi for examples)]?

19) [line 25] KA ZILEI NICHSEI - (a) when the value of the items will go down, e.g. merchants interested in purchasing these items will leave shortly; (b) when the value of his properties will go down, since the public realizes that he is in need of money

20) [line 27] KULEI NIZKA NAKI RIV'A - (lit. the full [value of] damages less one fourth) three quarters of the value of the damages

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