|(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)
1) [line 1] SETAM YECHIDA'AH - a Mishnah recorded anonymously, which expresses the ruling of a minority opinion
2) [line 2] URCHESA - a document that a creditor gives to his agent granting his agent the power to seize the possessions of a debtor for the creditor (or, in the case of our Gemara, the stolen item from the thief on behalf of the rightful owner)
3) [line 10] ZIL DUN U'ZECHI V'APIK L'NAFSHACH - go deal [with him] in court and take [the item or money] for yourself
4) [line 11] LEIS BEI MESHASHA - it has no substance (i.e. validity)
7) [line 14] MIGO D'MISHTA'I DINA A'PALGA - since he can take the debtor (or, in our case, the thief) to court on half
8) [line 16] KOL D'MIS'ANI MIN DINA KABEILIS ALAI - anything that is taken away from me by the law, I accept upon myself
9) [line 17] SHALI'ACH SHAVYEI - he made him a Shali'ach
11) [line 22] GANAV V'MACHAR B'SHABBOS (KAM LEI BED'RABAH MINEI) - if he stole and sold the item on Shabbos. (Selling an item on Shabbos incurs no punishment mid'Oraisa, since Mechirah is an Isur d'Rabanan, and those the Ganav is Chayav to pay Arba'ah v'Chamishah since there is no greater punishment which would exempt him through "Kim Lei bed'Rabah Minei.")
12) [line 22] GANAV U'MACHAR L'AVODAH ZARAH - if he stole and sold the item for the sake of being used for idolatry. (Selling an item to be used for idolatry incurs no punishment mid'Oraisa; only *slaughtering* an animal for idolatry is punishable.)
13) [line 23] GANAV V'TAVACH B'YOM HA'KIPURIM - if he stole and slaughtered the animal on Yom Kipur. (Although slaughtering the animal on Yom Kipur is Asur mid'Oraisa, it is punishable with Kares, and not with a punishment in Beis Din, and therefore the principle of "Kim Lei bed'Rabah Minei" does not apply to exempt the Ganav from Arba'ah v'Chamishah.)
14) [line 27] HA'SHOCHET V'NIMTZEIS TEREIFAH - one who slaughters an animal that was presumed to be Kosher but was then found to be a Tereifah (an animal with a mortal blemish). (The Chachamim and Rebbi Shimon argue about the status of such an act of Shechitah. According to Rebbi Shimon, is not considered a Shechitah since it does not make the animal permitted to be eaten. Consequently, the Ganav is not considered to have done Shechitah and is exempt from Arba'ah v'Chamishah.)
15) [line 28] HA'SHOCHET CHULIN BA'AZARAH - one who slaughters an animal of
Chulin in the Azarah of the Beis ha'Mikdash.
16) [line 31] "DAVAR" V'LO CHATZI DAVAR - when the Torah says, "According to the word of two witnesses shall a case be established (Yakum *Davar*)," it means that the witnesses must see, and testify about, the entire act for which the person is being held accountable. If they see only half of the act (in our case, the act of stealing without the Mechirah/Tevichah, or the Mechirah/Tevichah without the act of stealing), their testimony cannot be used to obligate the person.
17) [line 3] CHAZAKAH (CHEZKAS SHALOSH SHANIM) - A person who claims to have bought the land of another person but has no proof of purchase may, nevertheless, support his claim with this form of a "Chazakah:" if he has proof (witnesses) that he has been living and working on the land for three years, and the claimant has no witnesses that he voiced any objection during those three years, then this Chazakah serves as proof to the claim that he bought the land (see Bava Basra, Perek 3).
18a) [line 15] ECHAD B'GABAH - one hair on her knuckles (lit. backside,
referring to the backside of her fingers, where they meet the hands), RASHI.
(See, however, Rashi in Nidah 52b, who explains that "Gabah" refers to below
her private area.)
19) [line 21] AKOTZ TE'EINAH MI'TE'EINASI, V'SIKNI LI GENEIVUSICH - [The one who buys the stolen item from the Ganav says to him,] "Pick some figs from my fig trees, with which you will give me possession of the item that you stole." That is, the buyer tells the Ganav that instead of paying for the item with money, he is letting the Ganav pick and keep some of his figs. This act is a Melachah d'Oraisa on Shabbos for which one is Chayav Misah.
20) [line 27] KELUTAH K'MI SHE'HUNCHAH DAMI (HOTZA'AH)
21) [line 29] L'INYAN SHABBOS LO MICHAYEIV AD D'MATYA L'AR'A - with regard to transgressing a Melachah of Shabbos, one is not liable until the object reaches (comes to rest on) the ground
22) [line 32] ESNAN - the payment of the wage of a harlot