BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Bava Kama 73
BAVA KAMA 73 (21 Tishrei, Hoshana Raba) - dedicated by Gedalyah Jawitz of
Wantagh, N.Y., honoring the Yahrtzeit of his father, Yehuda ben Simcha Volf
1) [line 2] PASLINHU B'GAZLENUSA - other witnesses invalidated these
witnesses by testifying that they stole (and a Gazlan is Pasul l'Edus)
2) [line 8] YE'A"L KEGA"M a mnemonic device to remember the six cases in
which Abaye and Rava argue where the Halachah follows the opinion of Abaye.
These cases are:
1. *Y*E'USH SHE'LO MI'DA'AS - The owner of a lost or stolen object does not
as yet know that his object is lost or stolen. Had he known, he would have
given up hope of ever getting it back, and would have verbally acknowledged
that the loss is irretrievable ("Ye'ush"). Abaye rules that Ye'ush she'Lo
mi'Da'as is not considered Ye'ush (Bava Metzi'a 21b)
3) [line 29] SHTEI KITOS - two *groups* of witnesses (i.e. four witnesses)
2. *E*D ZOMEM LIMAFRE'A HU NIFSAL - Abaye rules that the testimony of a
witness who, with regard to a later testimony, is found to be an Ed Zomem
(see Background to Kidushin 18:3) is disqualified retroactively (Sanhedrin
3. *L*ECHI HA'OMED ME'ELAV - Abaye rules that a board which was not put in
place for the purpose of being used as a Lechi (to permit carrying objects
from a Chatzer to a Mavoy and in the Mavoy itself) is considered a Lechi
4. *K*IDUSHIN SHE'EINAM MESURIN L'BI'AH - Abaye rules that Kidushin
(betrothal) to a woman with whom marital relations will be prohibited due to
a Safek Isur Kares (see Insights to Kidushin 51:1 and Background to Kidushin
51:10) are considered binding to the extent that the woman needs to receive
a Get from the Mekadesh and becomes prohibited to his immediate relatives.
5. *G*ILUY DA'AS B'GITA - A husband has sent a Get to his wife with a
messenger, and the messenger returns having not been able to deliver the
Get. The husband then hints that he is pleased with the fact that he has not
as yet divorced his wife, but does not state explicitly that he does not
want the messenger to deliver the Get or that wishes to revoke the Get.
Abaye rules that his hints have no bearing on the validity of the Get, and
the messenger is still able to deliver the Get (Gitin 34a).
6. *M*UMAR OCHEL NEVEILOS L'HACH'IS - Abaye rules that a person who eats
non-Kosher food (or transgresses any other sin) in order anger his Creator
is disqualified from being a witness, even though he has not demonstrated a
willingness to transgress the Torah for monetary benefit (Sanhedrin 27a).
4) [line 38] TOCH KEDEI DIBUR K'DIBUR DAMI
"Toch Kedei Dibur" is the length of time that it takes for a student to say
a greeting to his teacher (e.g. "Shalom Alecha Rebbi"). "K'dibur Dami" means
that within this small amount of time, we view an act or speech as not yet
completed and still continuing. Thus, even though the person has, with
regard to his actions, already stopped performing the act, within this
amount of time he may act or say something that will abrogate his previous
actions or words, or (in the case of our Gemara) may add something to his
previous words which will be considered to have been said at the same time
as his previous words.
5) [line 3] TEMURAS OLAH, TEMURAS SHELAMIM (TEMURAH)
(a) The Torah states, "Do not try to transfer or exchange it (an animal that
has been designated as a Korban) [for another animal], neither a good animal
for a bad one nor a bad one for a good one. If you do exchange an animal [of
Kodesh] for another animal [that is not], both the original animal and the
one given in exchange for it, will be Kodesh." (Vayikra 27:10). The Chinuch
explains that the reason for the prohibition of Temurah is to teach us the
proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH
(b) The second animal, or the Temurah, is *usually* a valid Korban. If it
has no Mum (blemish that invalidates it), it must also be offered on the
Mizbe'ach (unless the original Korban was a Chatas or an Asham).
(c) A person who intentionally makes a Temurah receives Malkos (lashes).
Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he
receives Malkos (see Chart to Temurah 17a).
(d) Our Gemara cites the Machlokes between Rebbi Meir and Rebbi Yosi
regarding a case in which a person declared an animal to be "Temuras Olah,
Temuras Shelamim." This statement seems inherently contradictory, since one
animal cannot be both an Olah and a Shelamim. Rebbi Meir maintains that we
follow the first part of a person's statement ("Tefos Lashon Rishon"), and
the animal is an Olah. Rebbi Yosi maintains that the person meant to make
the animal *both* types of Korban, and therefore he must leave the animal to
graze until it develops a blemish, and then he must sell it and buy with
half of the money an animal to be brought as an Olah, and with the other
half he must buy an animal to be brought as a Shelamim.
6) [line 8] NIMLACH - he changed his mind
7) [line 9] V'HAVINAN BAH - and we ask about it
8) [line 15] D'NAFISH - for it is a lot
9a) [line 16] HUKCHESHU - were contradicted [by a second set of witnesses]
b) [line 17] HUZMU - were proven to be Edim Zomemim [by a third set of
10) [line 17] HAKCHASHAH TECHILAS HAZAMAH HI - being contradicted is the
first stage in being shown to be Edim Zomemim (and thus the Edim are
punished like any normal Edim Zomemim are punished)
EIDIM MUKCHASHIM / EDIM ZOMEMIM
(a) If two witnesses testify to a crime or an event and a later set of
witnesses contradict their testimony by saying that the crime or event did
not take place exactly as the first set of witnesses testified, all of the
witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din
cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later
set of witnesses *disqualify* their testimony by saying that the first set
of witnesses were with them in a different place at the time that the first
set of witnesses claim that the act took place, the first witnesses are
termed Edim Zomimin (conspiring witnesses). The Torah commands that the
second set of witnesses be believed, rather than the first. In general, Edim
Zomemim are punished with the punishment they tried to cause. (Devarim
19:16-21. See MISHNAH Makos 5a)
11) [line 19] SHE'SIMEI ES EIN AVDO V'HIPIL ES SHINO (SHEN V'AYIN)
(a) If the owner of an Eved Kena'ani (a Nochri slave) hits his slave and
wounds him by taking out the slave's eye or permanent tooth, the slave
becomes entitled to his freedom (Shemos 21:26-27). The owner must
intentionally wound him, but need not intend to wound him specifically in
the eye or tooth (Kidushin 24b).
(b) The same applies if the master dismembers one of the slave's 24 Roshei
Evarim (limb-tips) that do not regenerate if they are dismembered. The 24
Roshei Evarim are the ten fingers, ten toes, nose, ears and the male Ever
(RASHI to Gitin 42b). The Gemara (Kidushin 24a-25a) adds more limbs for
which this Halachah applies.
(c) The requirement to free the slave under such circumstances is considered
a Kenas (a penalty or fine) which is imposed upon the master for unjustly
wounding his slave (Bava Kama 74b; see Rashi to Gitin, top of 21b).
Therefore, if the owner admits that he is guilty of taking out his slave's
tooth or eye, he need not free the slave (Bava Kama ibid.).
12) [line 20] SHE'HAREI HA'RAV OMER KEN - for, behold, the master himself
says so (i.e. he is pleased with their testimony, as the Gemara later
13) [line 27] BEI TREI - a set of two [witnesses]
14) [line 28] D'BA'I MEISIV LEI HA'RAV DEMEI EINO - the master must pay to
his slave the value of his eye. The witnesses testified that the master
first knocked out his slave's tooth, and then that he blinded his slave's ey
e. Through the witnesses' testimony that the master first knocked out the
tooth of his slave, the master must free the slave. The witnesses' testimony
that, after knocking out his slave's tooth, the master blinded the eye of
his slave, obligates the master to *pay* the value of the eye to his former
slave, since the slave was no longer his slave and the moment that he
blinded his eye.
15) [last line] D'APCHINHU V'AZMINHU - they (the second set of witnesses)
reversed the order of events in the testimony of the first set, and they
made the first set into Edim Zomemim