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Bava Kama 57

BAVA KAMA 57 (Rosh Hashanah) - dedicated by Rabbi Eli Turkel and his wife, Jeri. May they be blessed with much Nachas from their children and grandchildren and may all of their prayers be answered l'Tovah!

1) [line 14] KEIVAN D'NAKTEI LEHU NIGRA BARYASA, BA'EI NETIRUSA YESEIRTA - since they have a habit to wander outside, they require extra protection (from going out)

2) [line 16] "LO SIR'EH ES SHOR ACHICHA, O ES SE'YO NIDACHIM, V'HIS'ALAMTA MEHEM; HASHEV TESHIVEM L'ACHICHA" - "You shall not see the ox of your brother or his sheep cast off, and hide yourself from them; you must certainly return them to your brother." (Devarim 22:1)

3a) [line 17] GINASO - his garden
b) [line 17] CHURVASO - his destroyed building

A person who was watching a lost item that he found, who then claims (when the owner comes to reclaim his item) falsely that the item was stolen from him ("To'en Ta'anas Ganav") in order to avoid having to give the owner the item, and in order to avoid having to pay for it (since it a Shomer Chinam is Patur for Geneivah). In such a case, the person must pay Tashlumei Kefel, like a Ganav, as the Gemara (63b) derives from Shemos 22:7.

5) [line 34] SHE'TO'EN TA'ANAS LISTIM MEZUYAN - he (the person watching the Aveidah) claims that armed bandits stole the object from him (if the claim is true, he would be Patur because of Ones)

6) [line 35] GAZLAN - a robber (who brazenly burglarizes and takes the possessions of others by force)

7) [last line] KEIVAN D'MITMAR ME'INSHEI - since he hides from people


8) [line 10] "[V'CHI YISH'AL ISH ME'IM RE'EHU,] V'NISHBAR O MES, [BE'ALAV EIN IMO, SHALEM YESHALEM]" - "[When a man borrows [an item] from his friend,] and it breaks or dies, [when the owner is not with him, he shall certainly pay." (Shemos 22:13)

9) [line 21] HALAH - this one (the one who rented the cow)
10) [line 21] HAREINI MESHALEM V'EINI NISHBA - I hereby [want to] pay and I am not going to take an oath [to exempt myself]

11) [line 24] SOCHER K'NOSEI SACHAR DAMI - one who rents (Socher) an item has the same responsibilities as one who guards someone's item for pay (Nosei Sachar (or Shomer Sachar))
The Socher, or renter, is one of the four watchmen mentioned in the Torah (see Background to Bava Kama 44:21). He pays money to rent an item from his friend. There is a Machlokes Tana'im in Bava Metzia (93a) whether the Socher has the status of the Nosei Sachar, or the status of a Shomer Chinam. The Halachah follows the opinion that he has the status of a Nosei Sachar, and as such 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).

12) [line 32] KED'MACHLIF RABAH BAR AVUHA V'SANI - like Rabah bar Avuha switched the opinions [of Rebbi Meir and Rebbi Yehudah] and taught

13) [line 38] NECHBETAH - the animal struck against the grain, pressing it down and ruining it

14) [line 40] HAYAH LAH SHE'LO SOCHAL - it should not have eaten them (that is, the owner of the animal can exempt himself, according to the Havah Amina of the Gemara, by saying that his animal should not have eaten the food)

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