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Bava Kama 56

BAVA KAMA 56 (Rosh Hashanah) - sponsored by Mr. and Mrs. D. Kornfeld in prayer that Hashem may accept our prayers, in these days of Rachamim, and speedily grant Klal Yisrael a true and complete redemption from all of their enemies, returning His Shechinah to Tziyon and His people to His service!

1) [line 1] KOSEL RA'U'A - a shaky wall
2) [line 3] D'MATYA LEI - it came to him
3) [line 5] TAMUN ITMAR - the Beraisa refers to Tamun (that is, the person covered up his friend's property before the fire reached it, such that it was considered Tamun when it was burned by the fire, and thus the owner of the fire is Patur)

4) [line 10] BEI TREI - a pair [of witnesses]
5) [line 11] "IM LO YAGID V'NASA AVONO" - "If he does not testify, he shall bear his iniquity." (Vayikra 5:1)

6) [line 12] (SIMAN HA'OSEH B'SAM V'SHALI'ACH CHAVEIRO NISHBAR) - this is a mnemonic device for remembering the five additional cases in which one is exempt from laws of man but is liable by the laws of Heaven, which the Gemara proceeds to enumerate:

1. *ha'Oseh* refers to "*ha'Oseh* Melachah b'Mei Chatas";
2. *b'Sam* refers to "ha'Nosen *Sam* ha'Maves Bifnei Behemas Chaveiro";
3. *v'Shali'ach* refers to "*ha'Shole'ach* Es ha'Be'eirah b'Yad Cheresh, Shoteh, v'Katan";
4. *Chaveiro* refers to "ha'Mavi'is Es *Chaveiro*";
5. *Nishbar* refers to "*Nishberah* Kado b'Reshus ha'Rabim v'Lo Salkah"
7) [line 13] HA'OSEH MELACHAH B'MEI CHATAS UV'FARAS CHATAS - one who performs any labor with Mei Chatas, or with a Paras Chatas
(a) MEI CHATAS (The water containing the ashes of the Parah Adumah) - If a person (or utensil) became Tamei through touching a Mes, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches (hyssops) that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)
(b) PARAS CHATAS - The Parah Adumah, an exclusively red-haired female cow is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov branches and a piece of crimson wool are thrown into the carcass of the cow while it is burning. (Bamidbar 19:1-22)
(c) If one does any labor with these items (such as using them as weights to weigh something on a scale; Gitin 53a), they become invalid for use in the Taharah process.

8) [line 15] SAM HA'MAVES - deadly poison
9) [line 17] HA'SHOLE'ACH ES HA'BE'ERAH - one who sends a fire (which damages the property of another person)

10) [line 19] HA'MAV'IS - one who scares (shocks)
11) [line 27] L'MISTEREI KAI - it is waiting to be destroyed
12) [line 33] NIHALACH - for you (i.e. for your benefit)

13) [line 35] DIVREI HA'RAV, V'DIVREI HA'TALMID, DIVREI MI SHOM'IN? - [When one is commanded by] the words of the master, and the words of the disciple, to whose words does one listen? (Certainly, one listens to the words of the master. Thus, if a person acts wrongly and listens to the words of the disciple (in our case, by accepting money to give false testimony), he is to be held responsible (and not the one who hired him).)

14) [line 39] DILMA HAVAH MISHTABA L'SHIKRA - perhaps he (the defendant against the single witness) would have sworn falsely

15) [line 42] CHASARAH - [the animal] dug [and broke the wall]
16) [line 45] TECHILASO BI'PESHI'AH V'SOFO B'ONES - although the eventual damage was an Ones and something for which the owner would not normally be responsible, he was negligent in the first place in such a way that could have led to damages

17) [line 52] KOL TATZDEKA D'IS LAH L'MI'AVAD, AVDA V'NAFKA - any tactic that it can do [to relieve itself of the suffering], it will do and get out


18) [line 1] KEIVAN D'AFKAHU KAIMA LAH BI'RESHUSAIHU L'CHOL MILEI - since he took it (the animal) out, it stands in his domain for all purposes (because he did an act of Meshichah on the animal, and there was a Shinuy Reshus)
(a) A thief becomes liable for a stolen item (such that if it is destroyed, he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a formal Halachically-binding act denoting a change in ownership -- see Background to Bava Kama 11:14). Similarly, when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent that if the owner gives up hope of ever getting it back, and the object becomes "changed" (Shinuy) from its original state, he need not return the object itself, but rather its value.
(b) The Amora'im argue (Bava Kama 66a) with regard to the methods with which a thief acquires a stolen object such that he may return its value (and he need not return the object itself). (See Background to Sukah 30a.)

19) [line 2] D'KAMU LAH B'APAH - they stood in its face (that is, the bandits did not physically pull the animal; rather, they stood around it and it walked on its own accord, and whenever it began to walk in a direction other than where they wanted it to walk, they stood in front of its face in order for it to redirect itself)

20) [line 6] "HIKISHAH" AMART LAN - the case is where he hit the animal with a staff, as you taught to us

21) [line 10] MASRO L'SHOMER CHINAM UL'SHO'EL L'NOSEI SACHAR UL'SOCHER (4 SHOMRIM - four types of watchmen mentioned in the Torah)
(a) SHOMER CHINAM - the Shomer Chinam is one who watches his friend's item for no reimbursement. He is liable for damages only in cases of Peshi'ah (negligence), but not in cases of theft or loss, and certainly not in a case of Ones (an unavoidable accident).
(b) SHO'EL - the Sho'el, the 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.)
(c) NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to watch an article. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident).
(d) SOCHER - the Socher, or renter, is one who pays money to rent an item from his friend. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident) (RASHI to Bava Kama 4b). (There is actually a Machlokes in Bava Metzia whether the Socher has the status of the Nosei Sachar, or the status of a Shomer Chinam).

When a Shomer who gives the item he is supposed to watch to another Shomer, he (the first Shomer) is Chayav (even to pay for an Ones that happens to the object). The owner of the object can say that he trusted only the first Shomer, and not the second, and thus the first Shomer was negligent in his Shemirah by giving the object to someone else.

23) [line 15] BARZILEI - his student/apprentice

24) [line 20] SHOMER AVEIDAH - one who watches a lost object until the owner comes to claim it

25) [line 22] BEHA'HI HANA'AH D'LO BAYA L'MEISVEI LEI RIFTA L'ANYA - with that benefit that he does not have to give bread to a poor person (OSEK B'MITZVAH: PERUTAH D'RAV YOSEF)
The Gemara (Sukah 25a) brings the verse "b'Shivtecha b'Veisecha" (Devarim 6:7) to prove that one is not required to do a Mitzvah while he is occupied with another Mitzvah. As a result, Rav Yosef rules that when one is busy guarding an Aveidah (a lost item that one found), should a pauper come to his door he will not be obligated to give him Tzedakah. This penny saved is a penny earned and therefore it is enough to consider the Shomer Aveidah a Shomer Sachar (a paid watchman) for he is being "paid" the Perutah that he need not give to the pauper. Even if the situation does not arise, he is considered a paid watchman, since the "job" carries with it the possibility of a financial gain.

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