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Bava Kama 66

BAVA KAMA 66 - This Daf has been sponsored in memory of the thousands of innocent lives that were lost in horrifying acts of terror. Sponsored by Rabbi N. Slifkin, author of "Nature's Song" (on Perek Shirah) and other works.

1) [line 11] TELA'IM -- KEDEME'IKARA; DAMIM -- K'SHEL ACHSHAV - [if the thief wants to compensate for the animal that he stole with] an animal -- he pays according to the original value [of the animal that he stole]; [if he wants to pay back with] money -- he pays according to the present value of the animal he stole

2) [line 13] "V'HEISHIV ES HA'GEZEILAH ASHER GAZAL" - "he shall return the stolen object that he stole" (Vayikra 5:23)

Every time a flock of sheep are shorn, its first shearings are given to the Kohen, as stated in Devarim (18:4) "v'Reishis Gez Tzoncha Titen Lo."

4) [line 18] YE'USH
See Background to Bava Kama 65:16:b:1.

5) [line 21] MOTZEI 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.

6) [line 28] TAKANAS HA'SHAVIM
(a) According to Torah law, a person must return the exact item that he stole if it is still in its original state, or its value if it is not, as it states, "v'Heishiv Es ha'Gezeilah Asher Gazal," - "he shall return the stolen object that he stole" (Vayikra 5:23).
(b) If a beam has been built into a building, although it has not been changed from its original state, the Chachamim instituted that the thief need not return the beam itself. He may return its value instead. The reason this was instituted was so that it is not unnecessarily difficult for him to repent and change his ways. This is referred to as "Takanas ha'Shavin," ("the Ordinance of the Penitents").

Chametz that was in the possession of a Jew during Pesach is prohibited to eat and is Asur b'Hana'ah (to derive benefit from it) due to a Gezeirah d'Rabanan.


8) [line 1] KEIVAN D'MATA IDAN ISURA, VADAI MEYA'ESH - since the time that the Chametz becomes Asur has arrived, the owner surely had Yi'ush and despaired of every having his Chametz back

9) [line 6] "KORBANO" V'LO HA'GAZUL - the verse says that the only valid offering that one may bring is "*his* offering," and not a stolen one

10) [line 10] "MISHKAVO"
(a) A Zav (see Background to Bava Kama 24:5), Zavah (see Background to Bava Kama 24:4), Nidah (see Background to Bava Kama 37:14) or Yoledes (see Background to Bava Kama 11:8b), can cause objects that are *under* them to become Avos ha'Tum'ah whether they touch them or not. The objects become Tamei Midras (lit. an object that is treaded upon), otherwise known as Mishkav or Moshav ha'Zav, ha'Zavah, etc. (or the *Tachton*, of a Zav, etc.). An object (other than Klei Cheres - earthenware objects) that is under these people becomes a Midras only if it was made for lying, sitting, or leaning upon.
(b) For a further discussion of the Tum'ah of the above-mentioned people, see Background to Bava Kama 24:3:b-d.
(c) Since the verse says "*his* Mishkav," the only Mishkav that becomes Tamei is one that belongs to him, but not one that he stole.

11) [line 11] AMRA - wool
12) [line 15] MACHSHAVAH METAM'ASAN - the decision [of an artisan that the utensil he is fashioning needs no more work] renders it ready to receive Tum'ah (since it is considered completely finished)

13) [line 16] ABDAN - a tanner

14a) [line 16, 17] GANAV - a thief / GAZLAN - a robber
(a) If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel."
(b) Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a robber ("Gazlan"), who brazenly burglarizes and takes the possessions of others by force. Chazal explain that the Torah punishes a thief more stringently than a robber because of the disrespect he shows for the Creator. By taking care to avoid the eyes of man, while not being bothered in the least by the eye of the One Above that is constantly watching, he exhibits his lack of belief in HaSh-m (Bava Kama 79b).

15) [line 22] KITZ'AN - he trimmed them
16) [line 23] ITZVA - a small table (or covering for a table) used for eating

17a) [line 27] KASHI BAH RABAH L'RAV YOSEF - Rabah and Rav Yosef discussed (argued over) this question
b) [line 27] ESRIN V'TARTEIN SHENIN - for twenty-two years, that is, the twenty-two years in which Rabah was the Rosh Yeshiva in Pumbedisa. The Gemara (Beachos 64a) relates that once there was a need to appoint a new Rosh Yeshiva is Pumbedisa. The scholars there sent a question to the scholars in Eretz Yisrael as to which sage should take precedence. Rav Yosef, who was known as "Sinai," had such an encyclopedic knowledge of Torah, that it was as if he received it from Mount Sinai. Rabah, on the other hand, was known as "Oker Harim" ("uprooter of mountains") because of his profound method of analysis. The answer they received was that Rav Yosef should take precedence and become the new Rosh Yeshiva, since "everyone needs the Marei Chitaya, (owner of the wheat)"; i.e. a person who knows many Mishnayos and Beraisos. Even so, Rav Yosef refused the appointment. Twenty-two years later, Rabah died and Rav Yosef took over, serving as Rosh Yeshiva for the next 2 1/2 years.

18) [line 23] V'LO IFREKAH - and it was not answered
19) [line 28] AD D'YASIV RAV YOSEF B'REISHA - until Rav Yosef was instated as the Rosh Yeshiva

20a) [line 29] SHINUY HA'SHEM - change of name / SHINUY MA'ASEH - a change brought about by an action
See Background to Bava Kama 65:16.

21a) [line 32] MASHCHA - skin/hide
b) [line 32] AVRAZIN - table covering
22) [line 33] MARISH - a beam
23) [line 34] KESHURA - beam
24) [line 34] TELALA - roof
25) [line 35] BIRAH - a large building

26) [last line] TAKANAS HA'SHAVIM (the Ordinance of the Penitents)
See above, entry #6.

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