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Bava Kama 93

1) [line 3] BASAR MAREI NICHSEI, TZIVEI (MASHACH) [MESHOCH] - behind an owner of property (i.e. a wealthy man), gather the twigs/fat (that is, be involved in the commerce of the wealthy man (who is successful) so that you, too, will be successful, -Shitah Mekubetzes)

2) [line 6] HA'MOSER DIN AL CHAVEIRO - one who claims that another person is deserving of punishment [by HaSh-m]

3) [line 7] "CHAMASI ALECHA" - "[Sarai said to Avram:] my oppression is because of you." (Bereishis 16:5)

4) [line 9] D'IS LEI DAYANA B'AR'A - there is a judge (or Beis Din) on earth (who can judge the case)

5) [line 11] ECHAD HA'TZO'EK V'ECHAD HA'NITZ'AK B'MASHMA - both the victim who cries out, and the one who victimizes, are implied by the verse. This refers to the verse, "[If you afflict him, and he cries out to Me, I will certainly hear his cry;] and My wrath will rage and I will kill you (v'Haragti Eschem) by the sword..." (Shemos 22:23), the plural "Eschem" implying both the victim and the perpetrator.

6) [line 14] KILELAS HEDYOT - the curse of a commoner
7) [line 15] "HINEI HU LACH KESUS EINAYIM" - "... may it be to you as a covering of the eyes...." (Bereishis 20:16) The Gemara interprets this to be a curse, that Sarah (or her offspring) would experience blindness. (For the straightforward meaning of the verse, see the various opinions of Rashi, Ibn Ezra, Rashbam, Ramban.)

8a) [line 22] TORIM - turtledoves
b) [line 23] BENEI YONAH - young common doves (for a discussion of the Korbonos of TORIM and BNEI YONAH, see Background to Chulin 22.)

9) [line 28] HAKEINI PETZA'ENI AL MENAS LIFTOR - hit me, bruise me, on condition that you will be exempt [from paying damages to me]

10) [line 30] MISHUM PEGAM MISHPACHAH - because of discredit of the family
11) [line 34] YESH HEN SHE'HU K'LAV - there can be a verbal expression of "yes" which really means "no" (see next entry)

12) [line 35] "HAKENI PETZA'ENI!" "AL MENAS LIFTOR?" V'AMAR LO "HEN?!" - Reuven says to Shimon, "Hit me, bruise me!" Shimon says, "On condition that I will be exempt [from paying for damages done to you]?" Reuven says to him, in wonderment, "Yes?!", implying that of course Shimon will *not* be exempt.

13) [line 38] "LISHMOR" - "[If a man gives to his friend money (Kesef) or utensils] to guard, [and they are stolen from the house of the person, then if the thief is found, he shall pay double.]" (Shemos 22:6) The Gemara learns from this verse that the watchman is only obligated if he was charged with guarding the object, but he is exempt if the owner told him to lose it or break it.

14) [line 40] HA D'ASI L'YADEI, HA D'LO ASI L'YADEI - this case is where the item already came to his (the watchman's) hands, while this case is where the item has not yet come to his hands. That is, when the owner gave the item to the watchman first, and then he told him that he could lose it or break it, the watchman remains *Chayav*, because we assume that when the owner gave him the item initially, it was with the full intent (of both parties) that the watchman would guard the item properly. Then, when the owner told the watchman that he could lose or break it, he was not serious, but he was merely saying that in order to appease the watchman's worry about his serious responsibility. In contrast, when the owner *first* says to the watchman that he may lose or beak the item, and *then* he gives it to him, t he watchman is exempt, since the owner explicitly established a waiver of liability condition with the watchman (Tosfos).

15) [line 43] ARNEKA DI'TZEDAKA - a purse of charity money
16) [line 43] PUMBEDISA - the location of a great Yeshiva in Bavel (lit. Mouth of Bedisa, a canal of the Euphrates) that existed for approximately 800 years. The scholars of Pumbedisa were known for their keen intellect (Bava Metzi'a 38b). To emphasize its importance as a Torah center, Rabah and Rav Yosef stated that just as one is prohibited from leaving Eretz Yisrael to Chutz la'Aretz, so too is one prohibited to leave Pumbedisa (Kesuvos 111a).

17) [line 44] PASHA BAH - he was negligent with it
18) [last line] MEIKATZ KAYITZ LEHU - the amount [of charity money that the poor people receive each week] is already set and established for them



(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).

(a) A thief becomes liable for a stolen item (such that if it is destroyed, he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a formal Halachically-binding act denoting a change in ownership). Similarly, when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent that if the owner gives up hope of ever getting it back, and the object becomes "changed" (Shinuy) from its original state, he need not return the object itself, but rather its value.
(b) The Amora'im argue with regard to the methods with which a thief acquires a stolen object such that he may return its value (and he need not return the object itself).

1. YE'USH (Giving up hope) - There is an opinion that "Ye'ush" alone is enough to grant the thief ownership of the stolen object. Ye'ush means that the owner gives up hope of ever getting back his object from the thief, and verbally acknowledges that the loss is irretrievable ("Vai Li l'Chisaron Kis").
2. SHINUY MA'ASEH (A "change" in the use of the object) - There are opinions that Ye'ush alone is *not* enough for the thief to acquire the object, unless the thief effects a "change" (Shinuy) in the object. This applies even to a small Shinuy that does not entirely transform the object, such as affixing the object with clay in a certain place. However, the Shinuy must be irreversible, i.e. it is not "Chozer li'Veriyaso."
3. SHINUY HA'SHEM (A "change" in the object's title or description) - Similarly, according to the latter opinions, Ye'ush grants the thief ownership of the stolen object together with a Shinuy ha'Shem. Shinuy ha'Shem means that the classification of the item has changed and it is henceforth called by a different name, such as when pieces of wood that were stolen and used to cover the roof of a Sukah become called "Sechach."
4. SHINUY RESHUS (A "change" in ownership) - These Amora'im also rule that Ye'ush works together with a Shinuy Reshus. When a thief sells or gives the object to another person after Ye'ush, that person acquires full ownership of the object, and is not required to return it to the previous owner.
5. SHINUY (Transformation of the object) - If a significant change is effected in the object such that it no longer serves its original purpose, the thief acquires the object to the extent that he may keep it and return its value even *before* Ye'ush. This is learned from the verse, "v'Heishiv Es ha'Gezeilah Asher Gazal." Only when the object is "Asher Gazal," - "as he stole [it]," is the thief required to return the object itself (Bava Kama 66a). This type of Shinuy is the topic of our Mishnah.
20) [line 3] RACHEL TE'UNAH - a lamb laden [with fleece]
21) [line 3] GAZEZAH - he sheered it
22) [line 9] SHIFAN, LO - if he planed/smoothed down the wood, that does not qualify as a Shinuy with which the Gazlan is Koneh the stolen wood

23) [line 10] LIBNAN - [if] he dyed (bleached) the wool, [that does not qualify as a Shinuy with which the Gazlan is Koneh the stolen wool]

24) [line 11] SITESAN - [if] he chiseled [stones]
25) [line 11] PISHTAN V'NIKAHU - [if he stole] flax (linen) and cleaned it

26) [line 13] SHINUY D'RABANAN / SHINUY D'ORAISA (SHINUY KONEH) - see above, entry #19:II. A Shinuy d'Rabanan is a Shinuy that is temporary. A Shinuy d'Oraisa is one that is permanent.

27) [line 15] NESARIM - boards [that were already planed, smoothed]
28) [line 15] SHINUY D'HADAR LI'VERIYASA HU - it is a change in the item that will revert back to its original state (see above, entry #19:II:b:2)

29) [line 16] MASHLIF LEHU - remove them (take the item apart)
30) [line 17] TZEMER TAVUY - wool that is already spun
31) [line 19] TANA VARA - the Tana of the Beraisa
32) [line 22] BUCHANEI - a pestle
33) [line 23] NAMTEI - felts [(O.F. feltre) felt; a cloth made of wool fibers that have been pressed together and not woven]

(a) Every time a flock of sheep are shorn, it is a a Mitzvas Aseh to give the first shearings to a Kohen, as stated in Devarim (18:4) "v'Reishis Gez Tzoncha Titen Lo." Although the Mishnah (Chulin 135a) states that this Mishnah applies both in Eretz Yisrael and in Chutz la'Aretz, the Halachah follows the ruling of Rebbi Oshiya (22a) who rules that the Mitzvah applies only in Eretz Yisrael. (Rambam Hilchos Bikurim ch. 10)
(b) The owner is obligated to give the first shearings to the Kohen only when a minimum amount of fleece is shorn from a minimum number of sheep. The minimum number of sheep is two according to Beis Shamai, and five according to Beis Hillel. The Halachah follows Beis Hillel (Chulin 135a). The minimum amount of fleece that must be shorn from each of the five sheep is the amount of fleece that weighs a Maneh and a half (a "Maneh u'Pheras;" a Maneh is one hundred silver Dinars, each one of which occupies the volume of 96 grains of barley (Kidushin 12a)), according to Rebbi Dosa ben Harkinas (ibid.), or the weight of twelve Sela according to the Rabanan, or a total of 60 Sela (ibid., according to Shmuel; this opinion is the Halachah).
(c) One must give one-sixtieth of all of the shearings, whether it is a lot or a little (as long as it fulfills the minimum required amount, as mentioned above). When one gives the wool to the Kohanim, he must not give less than the weight of five Shekels of wool to each Kohen, which is the amount that suffices to make a belt (Chulin 138a).
(d) Like all other Matanos Kehunah, one who causes damage to the first shearings, or one who steals it and keeps it for himself and does not give it to a Kohen, has not obligation to compensate the Kohanim, since it is "Mamon she'Ein Lo Tov'im;" there is no specific Kohen who can make a claim to it, since the owner could have given it to any Kohen he wanted.

35a) [line 27] TEVA'O - he spun it
b) [line 27] ARGO - he wove it

36) [line 28] EIN MITZTAREF - it does not combine [with the other wool that he sheared to equal the minimum amount that he is obligated to give to a Kohen]

37a) [line 30] NAPTZEI NEFUTZEI (O.F. charpir) - he disentangled it by hand (without using a comb)
b) [line 31] SARKEI SERUKEI - he disentangled it with a comb

38a) [line 32] CHAVREI CHAVUREI - he bleached it with dye
b) [line 32] KAVREI KAVRUYEI - he bleached it with sulfur
39) [line 42] TZAFON - (O.F. savon) soap
40) [line 44] KALA ILAN - indigo dye

41) [line 47] SHINUY BI'MEKOMO OMED - an item which underwent a Shinuy (see above, entry #19:II) "stands in its place," i.e. the item remains in the possession of the original owner

42) [line 49] B'ESNANAH (ESNAN ZONAH)
An item given to a harlot for her wage may not be brought as a sacrifice, as stated in Devarim 23:19.

43) [line 49] SOLES - flour
44) [last line] GURYON DEME'ASPURAK - Guryon, who came from Isporak, possibly a place on the Palus Maeotis, the modern-day Sea of Azov

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