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Bava Kama 83

1) [line 1] [B'ERETZ YISRAEL,] LESHON SURSI LAMAH? - In the land of Yisrael, why should the Syriac language be spoken?

2) [line 6] "EINI OLELAH L'NAFSHI MI'KOL BENOS IRI" - (lit. "My eye has aggrieved my soul from all of the residents of my city") "My eye has brought me grief (i.e. my eyes grieve when I am introspective and view my condition) because of all the residents of my city." (Eichah 3:51) - Our Gemara notes that Raban Shimon Gamliel used this verse to describe the circumstances of his household, interpreting the end of this verse as, "...*more than* all of the residents of my city."

3) [line 10] ASYA - (a) Tosfos to Yevamos 115a DH Amar brings the Gemara in Bava Basra 56a that identifies Asya with Keini mentioned in Bereishis 15:19. It seems that the Keini people lived near Moav, to the west of the Dead Sea. They lived in Ir ha'Temarim (Palm City), which may be Chatzatzon Tamar, to the west of the Dead Sea. The Targum translates Keni as Shalamite, an Arabic tribe (RABBI ARYEH KAPLAN); (b) possibly Callirhoe and its surroundings, on the east side of the Jordan River, near the Dead Sea; (c) Asia Minor, or rather the Roman province embracing the Western part of the peninsula of Asia Minor, bequeathed by King Attalus to the Roman republic; (d) a town called Essa, east of Lake Kineres

4) [line 12] MESAPER KUMI - the Nochri fashion of cutting and wearing the hair

5) [line 12] DARCHEI HA'EMORI
(a) Darkei ha'Emori refers to those customs of the Nochrim that have no logical foundation, but are not idol worship.
(b) Their prohibition is learned from the verse (Vayikra 18:3) "uve'Chukoseihem Lo Seileichu" (RASHI to Shabbos 67a), or from the verse (Shemos 23:24) "Lo Sa'aseh k'Ma'aseihem" (RASHI to Chullin 77a, RAMBAN to Shemos ibid.)

6) [line 20] SEFAR - border
7) [line 25] TIRGEMAH NEHARDE'A - explain it as referring to Neharde'a
8) [line 26] BEIRI - the town of Beirai, a town in Bavel
9) [line 30] NAVACH - barked
10) [line 30] HIPILAH - caused her to have a miscarriage
11) [line 31] HA'HI ITESA - a certain woman
12) [line 32] D'ALAS L'MEIFA BEHA'HU BEISA - who went up to bake in a certain house

13) [line 33] AMAR LAH MAREI - its owner said to herse
14) [line 33] LO SISTEFI MINEI - do not be afraid of it
15) [line 7] SHAKULEI NIVEI - his canine teeth have been removed
16) [line 34] SHEKULEI TIVUSICH V'SHADYA A'CHIZREI - your good intentions were useless (lit. the good that you did has been removed and thrown on the thorns)

17) [line 34] KEVAR NAD VELAD - the fetus has already been aborted (as a result of your dog)

18) [line 36] MEISHAT SHAITEI TUVA - they fly very far

19a) [line 36] KERESAIHU B'CHAMISHIM AMAH MALYA - their stomachs are filled up within fifty Amos
b) [line 37] U'MEISHAT SHELOSHIM RIS, V'SU LO - they fly up to thirty Ris (see entry #21), and not more?

20) [line 37] YISHUV - the settled area


  • 1 Parsah = 8000 Amos = 30 Ris = 4 Mil
  • 1 Mil = 2000 Amos = 7.5 Ris
  • 1 Ris = 266.66 Amos
  • 1 Amah = 2 Zerasos = 6 Tefachim
  • 1 Zeres = 3 Tefachim
  • 1 Tefach = 4 Etzba'os
  • 1 Mil = approximately 912, 960 or 1152 meters, depending upon the differingHalachic opinions
  • 100 Mil = approximately 91,200, 96,000 or 115,200 meters, depending upon the differing Halachic opinions

22) [line 38] YISHUV KERAMIM - the settled area of vineyards
23) [line 38] YISHUV SHOVCHIN - the settled area of bird coops


*****PEREK #8 HA'CHOVEL*****

24) [line 1] HA'CHOVEL - one inflicts a wound
A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay five payments, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are:

1. NEZEK (Damages; also known as Pegam) - If one causes damage to the person of a fellow Jew, such as blinding his eye, cutting off his hand or breaking his foot, Beis Din assesses the damages that he caused based on the depreciation such damages would cause to a slave on the slave market.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount that the injured person would be ready to pay to have the identical injury inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if no other damage (other than the pain) was inflicted -- for example, if one person burned another's fingernail without causing a wound. The amount of this payment ultimately depends upon the physical and financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).
3. RIPUY (Medical expenses) - He must pay all medical costs until the injure d person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the injured person's recovery. Sheves is evaluated as if the injured person is protecting a pumpkin patch from birds, a job that requires only minimal exertion and can be accomplished even by an invalid. (The money that the injured person loses due to his permanent handicap, though, is covered by the Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person who caused the embarrassment and the status of person who was embarrassed. According to most opinions, the shame caused *by* an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an *average* person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Pituy, which follow the previous opinion). With regard to a person who was embarrassed, shame caused *to* a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).

25) [line 3] KITE'A - he cut off, amputated
26) [line 5] SHAMIN - we assess
27) [line 6] KEVA'O - he burned him
28) [line 6] SHEPUD - a spit (skewer)
29) [line 6] MASMER - nail
30) [line 7] TZIPORNO - his fingernail
31) [line 7] CHABURAH - a permanent wound
32) [line 8] OMDIN - assess; approximate

33) [line 10] ALAH [ALU] VO TZEMACHIM - (O.F. malant) boils/blisters arose on him

34) [line 11] CHAYESAH V'NISTERAH - it became healed, and then became ill again
35) [line 14] KISHU'IN - cucumbers (or related plants)
36) [line 16] "AYIN TACHAS AYIN" - "Equivalent monetary compensation must be paid for [the loss of] an eye." (Shemos 21:24)

37) [line 20] MAKEH ADAM, U'MAKEH VEHEMAH - the Torah mentions, in immediate proximity, the law of one who wounds a person, with the law of one who wounds an animal (the Gemara first suggests that this refers to Vayikra 24:21, but it concludes that it refers to verse 18 and verse 19)

38) [line 23] "[V']LO SIKCHU CHOFER L'NEFESH ROTZE'ACH, ASHER HU RASHA LA'MUS" - "And you shall take no ransom for the life of a murderer, who is guilty and liable for death." (Bamidbar 35:31)

39) [line 25] ROSHEI EIVARIM SHE'EIN CHOZRIN - limb-tips that do not regenerate if they are dismembered (such as the fingers, toes, ears, etc.)

40) [line 26] HAI MAKEH - in which verse discussing "Makeh" (wounding) [is the wounding of a person compared to the wounding of an animal]

41) [line 30] "AMISO" - his fellow man
42) [line 37] V'OD KESIV BASREI "KA'ASHER YITEN MUM BA'ADAM, KEN YINASEN BO," U'SHEMA MINAH MAMON - and furthermore, it is written afterwards, "When one gives a wound to a person, so must he pay [as if the wound were inflicted] on him" (Vayikra 24:20), and from here we learn that it is referring to monetary compensation

43) [line 45] LO SISHKOL MINEI MAMON V'SIKTELEI (KAM LEI BED'RABAH MINEI) - do not take from him money as well as kill him (see Background to Bava Kama 71:4)

44) [line 45] "KEDEI RISH'ASO" - "... in accordance with his crime..." (Devarim 25:2)

45) [last line] NEHORA - eyesight (lit. light)

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