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Bava Kama 88

1) [line 3] SHE'PATZ'AH B'FANEHA - where he hit her in her face (causing a loss in her value, which belongs to the father)

2) [line 5] "KI YINATZU ANASHIM YACHDAV, ISH V'ACHIV ..." - "When men fight together, one with another... " (Devarim 25:11)

3) [line 7] EIN LO ACHAVAH - he has no "brotherhood," i.e. slaves have no Halachically recognized lineage

4) [line 7] ACHIV HU B'MITZVOS - he (the Eved) is "Achiv" (your brother) with regard to Mitzvos (since he is obligated to perform the Mitzvos that a woman is obligated to perform)

5) [line 12] EVED YEHEI KASHER L'MALCHUS - a slave should be valid for kingship (to become the king).
With regard to the appointment of a Jewish king, the verse states, "Ki Savo El ha'Aretz Asher HaSh-m Elokecha Nosen Lach, vi'Rishtah v'Yashavtah Bah; v'Amarta Asimah Alai Melech...Som Tasim Alecha Melech... mi'Kerev Achecha" - "When you come to the land that HaSh-m, your G-d gives you, and you inherit it and you settle in it, and you say 'I will appoint over me a king...'You shall surely set over yourself a king... from among your brothers" (Devarim 17:14-15). One of the qualifications of the king is that he be "your brethren."

6) [line 14] "MI'KEREV ACHECHA" - "[You shall surely set over yourself a king...] from among your brothers [you shall set over yourself a king, you may not put over you a foreigner who is not your brother.]" (Devarim 17:15)

7) [line 14] MI'MUVCHAR SHEB'ACHECHA - from among the choicest of your brothers

8) [line 16] "[V'DARSHU HA'SHOFTIM HEITEV,] V'HINEI ED SHEKER HA'ED, SHEKER ANAH V'ACHIV" - "[The judges shall inquire well,] and [if they find that,] behold, the witness gave false testimony, he testified falsely against his brother." (Devarim 19:18)

9) [line 19] RE'UYAH LAVO BA'KAHAL - she is fit to marry into the Jewish people

(a) The method of learning that is being used by our Gemara is called a comparison, or "Meh Matzinu" - "What we have found [in one subject, applies to another subject, also.]" Among the rules of this method is the rule of a "Pirchah" (a question), where even a slight difference between the subjects causes the comparison to collapse, and no connection may be made.
(b) At this point the Gemara will bring a "Yochi'ach" or "Tochi'ach" (fem.) (a proof), where another subject, which fulfills the requirements of the Pirchah, is used to rebuild the comparison. A second Pirchah follows, where the Yochi'ach subject is brought into question. Then the original subject becomes the Yochi'ach.
(c) The conclusion is v'Chazar ha'Din (the Din goes back and forth), Lo Re'i Zeh k'Re'i Zeh (this subject is not exactly like that subject and vice versa), but the Tzad ha'Shaveh (common denominator) may be used to connect the Halachos of the two subjects, and we may learn a new Halachah from them (in our case, that a slave is not a valid witnesses). The common denominator may also be brought into question, which inhibits learning the new Halachah from the two subjects.

11) [line 31] GAZLAN (PESULEI EDUS)
A person who steals must return the objects that he stole and do Teshuvah for his sins. Certain sins of theft also require that the thief bring a Korban (Vayikra 5:21-26). As long as he has not repented, he is defined as a Rasha (a wicked person) and is disqualified to judge or to give testimony in Beis Din mid'Oraisa (Sanhedrin 27a).

12) [line 34] "LO YUMSU AVOS AL BANIM" - "Fathers shall not be put to death because of sons." (Devarim 24:16)

13) [line 35] LO YUMSU AL PI AVOS SHE'EIN LAHEM CHAYIS BANIM - he (the defendant) shall not be put to death based on the testimony of a person who, as a father, has no Halachic relationship with his children (i.e. a slave)

14) [last line] HAVAS NESIVA - she was married
15) [last line] BASAR DI'SHECHIVA - after she died


16) [line 2] UKMEI B'NICHSEI - he set him up with his property

17) [line 5] NICHSEI MILUG
A woman brings into her marriage two types of possessions, as follows:
1. Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox). The father, in contrast, does not have the right to the Peiros of his betrothed daughter's property (i.e. if she inherited property from her mother's relatives).

18) [line 6] LEKUCHOS - buyers

Rebbi Yochanan and Reish Lakish argue (in Bava Basra 136a) as to whether buying fruits that will be produced (e.g. the fruits of a tree or the slaves to which a maidservant will give birth) gives the owner of the fruits a certain amount of Halachic ownership in the object that bore the fruits. In the case introduced in our Gemara of the mother of Rav Shmuel bar Aba who have her property to her son, if Kinyan Peiros *is* k'Kinyan ha'Guf, then her transaction was ineffective, because her husband has the Kinyan Peiros of her property and thus it is considered that he also has the Kinyan ha'Guf.

20) [line 44] MISHUM D'RA'UY L'YORSHO HU - because he is fit to inherit him. That is, since the son will inherit the property of his father anyway (even without his father giving it to him as a gift), it must be that the father's intention in giving his son the property during his lifetime is to give his son not only the Peiros, but also to give him the right to sell the Guf.

21) [line 45] YARIS - inherits
22) [line 46] L'AVRUCHINHU L'NICHSEI MI'BREI KA ASI - his intention is to get his property away from his [other] sons

23) [line 47] TAKANAS USHA - the ordinance enacted by the Beis Din (Sanhedrin) of Usha, a city in the western part of the lower Galilee. It was one of the ten places to which the Sanhedrin was exiled at the time of the destruction of the Second Beis ha'Mikdash. As our Gemara explains, the Beis Din of Usha enacted that if a woman sells her Nichsei Milug during the lifetime of her husband and then she dies before her husband, her husband may expropriate the property from the buyers.

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