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Bava Kama 54

BAVA KAMA 54 (Rosh Hashanah) - dedicated by Rabbi Eli Turkel and his wife. May they be blessed with much Nachas from their children and grandchildren and may all of their prayers be answered l'Tovah!

(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael, who is Doresh Kelalei and Peratei (see Background to Kidushin 21:15), lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Kelal u'Frat Ein bi'Chlal Ela Mah shebi'Frat.
(b) When a Kelal (general term) is followed by a Perat (specification), without teaching any new Halachos that pertain to that Perat, then the Halachah of the verse is limited and applies only to the Perat.

According to the approach that learns Kelalei u'Fratei (see previous entry), when a Kelal is followed by a Perat, which is followed in turn by another Kelal, then everything belonging to the general category that is similar to the Perat is included. Anything that is not in the *general category* of the limiting Perat is not included.

A Neveilah is a carcass of an animal that died without a Halachic slaughtering. The Torah states, "You shall not eat anything that dies by itself (Neveilah). You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a Nochri, for you are a holy people to HaSh-m, your Elokim" (Devarim 14:21). The flesh of a Neveilah is prohibited to be eaten, and a k'Zayis or more of a Neveilah makes an object Tamei through Maga (contact) and Masa (carrying). The Neveilah of a bird, though, does not make an object Tamei through Maga and Masa.

(a) There is a Mitzvah to redeem each firstborn male donkey, as the verse states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani...v'Chol *Peter Chamor* Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto" - "And it shall come to pass that when HaSh-m brings you to the land of the Kena'ani... And every *firstborn donkey* must be redeemed with a sheep [that is given to a Kohen]. If it is not redeemed, you must decapitate it" (Shemos 13:11-13).
(b) The Kedushah of Bechor rests on every first-born male of an ox, goat or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.

5) [line 16] KOL D'VAR MISAH - anything which can die (i.e. any living creature)
6) [line 22] CHADTEI - new ones
7) [line 23] MIFKE'EI ME'HEVLA - they break/crack from the Hevel in the Bor
8) [line 34] SEH D'AVEIDAH - the word "Seh" written in the verse (Shemos 22:8) that discusses the Mitzvah to return a loss object


9) [line 10] MIN BEN DA'AS - a type [of living thing] that has intelligence (i.e. a person, even though the specific person being damaged might be a Shoteh and does not have intelligence)

At the time that the Torah was given, Har Sinai was off limits to all people (except for Moshe Rabeinu A"H) and even to animals and birds. Any animal or bird who stepped on the mountain was to be stoned, as described in Shemos 19:13 and in Sanhedrin 15b. This only applied during the year that the Torah was given; it does not apply today.

11) [line 17] HASHAVAS AVEIDAH - The Torah (Devarim 22:1-3) commands that a person who finds a lost object must return it to the owner. This Mitzvah applies at all times and is not limited to any particular time, and therefore a woman is obligated in this Mitzvah, as in all Mitzvos Aseh she'Lo ha'Zeman Geraman.

12) [line 17] PERIKAH - the Mitzvah of unloading and helping an animal that has fallen under its load, as commanded in Shemos 23:5

13) [line 17] CHASIMAH - the prohibition against muzzling an ox when it is threshing grain -- "Lo Sachsom Shor b'Disho" (Devarim 25:4)

(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem, Kil'ei Zera'im and Harkavas ha'Ilan. Two types of Kil'ayim apply to animals: Harba'ah, and Charishah b'Shor va'Chamor. One type of Kil'ayim applies to clothing: Sha'atnez. (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to Kil'ayim of animals.
(b) HARBA'AS BEHEMAH refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 55b), as the Torah states, "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkos.
1. Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos Chagigah 2b DH Lisa).
(c) CHARISHAH B'SHOR VA'CHAMOR refers to the prohibition of doing any type of work with two different types of animals, as the Torah states "Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). One who intentionally transgresses this prohibition is liable to Malkos.
1. Some rule that the Torah prohibition applies to doing work with any two types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The RAMBAM (ibid., Kil'ayim 9:9), however, rules that the Torah only prohibits doing work with one kosher and one non-kosher animal together, such as an ox and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two types of animals, even if they are both kosher or both non-kosher.

"Shevisas Behemah" is a positive commandment. One is required to allow his animals to rest on Shabbos as it states (Shemos 23:12) "Lima'an Yanu'ach Shorcha va'Chamorecha" - "so that your ox and your donkey may rest." If one causes his animal to do work (i.e., one of the 39 categories of Melachah) on Shabbos, whether or not he is present at the time he transgresses a positive commandment.

16) [line 17] CHAYAH - (a term usually used for wild animals) non-farm animals, e.g. deer and gazelles. (No Korban is brought from a Chayah (but only from domesticated animals, such as oxen, sheep, and goats), and a Chayah may not be offered on the Mizbe'ach.)

17) [line 18] DIBER HA'KASUV BA'HOVEH - the verse discusses that which is usual and normal to occur

18) [line 20] "IM BEHEMAH IM ISH YO YICHYEH" - "... whether animal or man, he shall not live." (Shemos 19:13)

19) [line 21] BEHEMAH - farm animals; livestock, e.g. cows, sheep and goats
20) [line 21] "AL KOL DEVAR PESHA..." - "In every case of liability..." (Shemos 22:8)

21) [line 22] KALAL KOL D'VAR PESHI'AH - it includes all subjects of liability (even non-living items, in the obligation for one to pay Tashlumei Kefel)

22a) [line 26] DIBROS HA'RISHONOS - the first set of the Aseres ha'Dibros (in Parshas Yisro)
b) [line 26] DIBROS HA'ACHARONOS - the second set of the Aseres ha'Dibros (in Parshas Va'eschanan)

23) [line 39] MA'ASER (MA'ASER SHENI)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

24) [line 40] "V'NASATA HA'KESEF B'CHOL ASHER TE'AVEH NAF'SHECHA, BA'BAKAR U'VA'TZON U'VA'YAYIN U'VA'SHECHAR UV'CHOL ASHER TISH'ALCHA NAFSHECHA" - "And you may spend the money for anything that your soul desires, for cattle, for sheep, for wine or for other intoxicating beverage, or for anything for which your soul desires." (Devarim 14:26)

25) [line 42] PRI MI'PRI - an object that has been produced from something that has been produced

26) [line 49] ALAMAH TENAN - why was it taught in the [following] Mishnah
27) [line 50] PAPONA'EI - the scholars of Paphunia, a town in Bavel. Specifically, this refers to Rav Acha bar Yakov

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