(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


brought to you by Kollel Iyun Hadaf of Har Nof

Ask A Question on the daf

Previous daf

Bava Kama 95

1) [line 4] MARISH - a beam
2) [line 5] BIRAH - a large building
3) [line 11] RO'IN OSAH K'ILU HI SHUMA ETZLO B'CHESEF - we view it (the addition/improvement to the stolen item, such as the fleece that was sheared) as though it was assessed in his possession for its money value (and he must pay back the value of the fleece that it was worth at the time that he stole it, and not its present value)

(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. However, with regard to plots of land, slaves and legal documents (Shetaros), there are Tana'im who learn from the verses that these laws of theft do not apply. In that sense, they cannot be Halachically stolen (Bava Kama 117b).
(b) Similarly, those Tana'im maintain that the negative commandment of Lo Sigzol does not apply to the theft of land for it cannot be Halachically stolen. (However, there are some Rishonim who explain that the exemption from the Lav of Lo Sigzol is not connected to the verses that exclude land from the Halachic aspects of Kinyanei Gezeilah. Rather, it is simply impossible to grasp land and take it out of the possession of its owner, which is the defining factor of Lo Sigzol. It is not a movable item that can be taken away from its owner. According to these Rishonim, sometimes the Lav of Lo Sigzol applies even with regard to land, and all the more so with regard to slaves and legal documents -- see Insights to Sukah 31a.)

5) [line 28] LITZBO'A LO ADOM V'TZAV'O SHACHOR - [a person gave his wool to a professional dyer] to dye it red for him, and he dyed it black

6) [line 42] MECHURARIN - (lit. freed) lands that do not have a lien on them
7) [line 43] PEIROS - the produce of a field. Our Gemara refers to a case of a Gazlan who worked and harvested the stolen field. When the original owner reclaims the field, he is also entitled to take the produce that the Gazlan harvested. If the produce no longer exists (e.g. it was used up, or stolen), then the original owner may collect its value only from the Nechasim Benei Chorin of the Gazlan.

8) [line 43] SHEVACH PEIROS - added value that a buyer invests in a field, or the added value of the fruits that grow in a field. Our Gemara refers to a case of a Gazlan who sells a stolen field to a buyer, and that buyer invests in the field and reaps its fruits. The original owner then reclaims the field and fruits from the buyer, and the buyer is entitled to demand from the Gazlan compensation for the field and for the fruits. However, the buyer may collect compensation for the field from Nechasim Meshu'abadim, but he may collect compensation for the fruits only from Nechasim Benei Chorin. (The reason for this is "Mipnei Tikun ha'Olam" -- to protect other buyers. In this case, since there is no limit to the amount of fruit that the original buyer might reap from the field, if the original buyer was entitled to collect the value of his fruits from the Nechasim Meshu'abadim of the Gazlan, then other buyers who bought fields from the Gazlan would have no way of knowing how much of a lien might be upon the fields that they are buying. -Rashi, Kesuvos 51b)

9) [line 44] GET CHOV SHE'EIN BO ACHRAYUS - a legal document of debt in which Achrayus (see below, entry #11) was not written

10) [line 45] KESUVAS ISHAH SHE'EIN BAH ACHRAYUS - the Kesuvah of a woman in which Achrayos (see below, entry #11) was not written (for an explanation of the Kesuvah, see Background to Bava Kama 7:21)

(a) "Achrayus" is a way of insuring the purchase of land or the repayment of a debt. A person who gives or sells a field to someone else, or who signs a document of debt (this includes a Kesuvah) can guarantee the field or document by obligating himself in Achrayus. If it is determined afterwards that the seller did not have the right to sell the land (for example, if the land was stolen, or if there was a lien on the property and it was claimed by a creditor as repayment for a loan), the assets of the seller are made available to the buyer to collect the value of the property that was removed from his possession. For example, if Reuven sold a field to Shimon with Achrayus, and Reuven's creditor demands and confiscates the field from Shimon, Shimon has the right to collect its value from Reuven (or from other people who bought land from Reuven after the time of Shimon's purchase). If the field was purchased without Achrayus, Shimon has no legal claim against Reuven whatsoever, and he is not compensated at all for his loss (Bava Basra 44b).
(b) There is an argument among the Tana'im as to whether a seller automatically accepts upon himself Achrayus whenever he sells a property or obligates himself to pay someone (e.g. by writing a document of debt or a Kesuvah) with a Shtar (a legal document), even if it did not state in the Shtar that he accepts upon himself Achrayus for the sale. Rebbi Yehudah states that "Achrayus Ta'us Sofer;" the sale or debt *does* have Achrayus and the scribe simply forgot to include it in the Shtar. Rebbi Meir rules that we follow the plain reading of the Shtar, and therefore there is no Achrayus (Bava Metzia 13b).
(c) The Gemara (ibid. 15b) concludes that even if Achrayus was not written in the Shtar, the seller *is* obligated in Achrayus unless he made an explicit condition to be absolved of Achrayus. With regard to a person who gives a gift, since most people do not accept Achrayus upon themselves when they give a gift, the Gemara concludes that the benefactor is *not* obligated in Achrayus unless he made an explicit condition that he should be obligated.


12a) [line 1] NECHASIM MESHU'ABADIM - property with a lien on it, which has in turn been sold
b) [line 2] NECHASIM BENEI CHORIN - (lit. properties that are free) fields that do not have a lien on them

13) [line 19] L'MECHETZEH, LI'SHELISH UL'REVEI'A - for half [of the profit], for a third, or for a fourth. This refers to the prevalent practice of the region for the owner of an animal to give his animal to someone who will cultivate its fleece, and to receive a percentage of the fleece in return for his work, and to give a percentage of the fleece to the owner in return for the use of his animal.

14) [line 31] AIDI D'NASIV REISHAH "YALDAH" - since it was taught in the beginning of the Mishnah (the Reisha) a case of "Yaldah," a cow that gave birth

15) [line 35] KI HAVEINAN BEI RAV KAHANA - when we were in the Yeshivah of Rav Kahana

16) [line 37] KI MESALKINAN LEI - when we remove him (the Gazlan, from the stolem iten, and pay him a percentage of the Shevach that he caused the stolen item to produce)

17) [line 40] BECHOR L'PASHUT
(a) The first viable male born to a father inherits a double portion of the estate upon his father's death (Mishnah Bechoros 46a). For example, if there are two brothers, the money is divided into three, and the Bechor receives two thirds; if there are three brothers, the money is divided into four, and the Bechor receives two quarters.
(b) A Bechor only receives a double portion from the assets that were in the possession of the father at the time of death, as it states, "Ki Es ha'Bechor Ben ha'Senu'ah Yakir, Lases Lo Pi Shenayim *b'Chol Asher Yimatzei Lo*." - "He must recognize the first-born son of the hated wife to give him a double portion *of everything in his possession* (lit. that is found with him)." (Devarim 21:17). Assets that will come into the possession of the estate after the father's death are termed "Ra'uy," i.e. "expected [to come into his possession]."
(c) When the Bechor caused the property to produce or increase before it was divided among the brothers, he does *not* receive a double portion of that produce. Rather, he must pay back the Pashut's (non-Bechor's) share of that produce. However, he may pay back with money, and he does not need to pay it back with land.
(See also Background to the Daf to Bava Kama 43:3, regarding YERUSHAS BECHOR B'SHEVACH SHE'SHIBECHU NECHASIM L'ACHAR MISAS AVIHEM - A first-born son does not receive a double portion of the appreciation of property after the father's death.)

18) [line 41] BA'AL CHOV L'LOKE'ACH - When a lender is owed money (and has a deed of debt), he may collect his debt from the land that the borrower owned at the time of the loan and that he later sold to buyers. If the buyers worked the land and caused it to produce fruits, the lender (who collects the land with the fruits) must compensate the buyers for that produce. He need not give land, though, but may pay back with money.

19) [line 41] BA'AL CHOV L'YESOMIM - When a lender collects his debt from the heirs of the borrower, if the heirs worked the land and caused it to produce fruits, the lender (who collects the land with the fruits) must compensate the heirs for that produce. He need not give land, though, but may pay back with money.

20) [line 45] SHEVACH HA'MAGI'A LA'KESEFAYIM - produce (of land) that reaches [the height of] the shoulders (i.e. it is finished produce and is ready to be harvested)

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,