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Bava Kama 96

BAVA KAMA 96 - in honor of the Bar Mitzvah of Mordechai Lamet of Brooklyn, NY, son of Yosi and Leah Lamet. May Mordechai always grow in Torah and the fear of Hashem and bring his parents true "Yiddishe Nachas." Dedicated by Celine and Shabsy Ledereich of Har Nof, Yerushalayim.

1) [line 1] MASIK BEI - he holds against him [a debt of money]
2) [line 8] GERIVA D'AR'A - the size of a field needed for a Geriva, or Se'ah, of seed (1 Se'ah = approximately 7.2, 8.29 or 14.4 liters, depending upon the differing Halachic opinions)

3) [line 10] APOTIKI
A person may designate one of his pieces of land or possessions as security for a loan that he received or a debt that he owes without placing it in the possession of the creditor. This creates a Shi'abud, or lien, on the object, such that if the debt is not otherwise repaid, the creditor can collect his debt from the security. Such a security is called an "Apotiki." The debtor may specify (if the creditor agrees) that the creditor may *only* collect his debt from the Apotiki. In such a case, if it becomes impossible to collect the debt from the Apotiki, the debtor is no longer liable to the creditor.

4) [line 13] BASAR D'VE'AYA, HADAR PASHTAH - after he asked [the question], he then answered it

5) [line 15] HISHBI'ACH OVED KOCHAVIM, MAHU? - If a Nochri [stole an item or a plot of land and] caused it to increase, what is the Halachah? (i.e. Does the Takanah that the thief gets to keep a percentage of the amount of increase similar to an ordinary worker apply to a Nochri also?)

6) [line 21] DIKLA - a date-palm
7) [line 21] KATLEI - (lit. he killed it) he chopped it down
8) [line 21] AF AL GAV D'SHADYA ME'AR'A L'AR'A DIDEI - even though he threw it from the land where it was planted into his own land

9) [line 23] DIKLA V'AVID GUVEI - [if the thief stole] a date-palm and cut it into wooden chunks or slabs (O.F. tronches)

10) [line 24] KESHUREI - beams
11a) [line 24] RAVREVEI - large
b) [line 24] ZUTREI - small
12) [line 25] KETZUTZYASA - planks
13) [line 25] LULIVA - a Lulav, the closed palm branch used for services on the holiday of Sukos

14) [line 26] HUTZEI - leaves of the palm branch
15) [line 27] CHUFYA - a broom made of palm leaves (O.F. escove - brooms, brushes), made by detaching the leaves of the Lulav from its spine and splitting them in half (each leaf is actually a composite of two leaves)

16) [line 27] SHARSHURA - a rope
17) [line 28] HADAR SASAR LEI - he can break it apart again [into leaves]
18) [line 28] NECHLEKAH - it was split

19) [last line] NITLAH HA'TIYOMES - the tip of the central-leaf of the Lulav was removed


20) [line 5] LEVEINASA - a brick
21) [line 6] HADAR MESHAVEI LEI AFRA - he can make it revert back to dirt
22) [line 9] PANIM CHADASHOS BA'U L'CHAN - a new appearance has come, i.e. a new entity has emerged

23) [line 10] NASCHA - a bar of metal (such as silver or gold)
24a) [line 14] SHECHIMEI - blackened/darkened (old) coins
b) [line 14] CHADTEI - new coins
25) [line 16] MEIDA YEDI'A SHICHMAIHU - the fact that it (the coin) is old is clearly evident

26a) [line 19] TALEH - a sheep, within its first year
b) [line 19] AYIL - a ram
27a) [line 19] EGEL - a calf
b) [line 19] SHOR - a bull
28) [line 21] PADNA D'SOREI - yoke or ploughshare of oxen

29) [line 22] KARAV BEHU KERAVA - he plowed furrows with them
30) [line 23] ZILU SHUMU SHIVCHA D'ASHBACH - go and assess the increase in value that the animals caused to the land

31) [line 24] MI KA'AMINA NESHAIMU KULEI? PALGA KA'AMINA - did I say that we should assess the value of all of it (the increase of the field due to the animals' work)? I said [to assess only] half.

32) [line 27] AMAR HUNA CHAVRIN ILA'I - Huna, our colleague, said about me
33) [line 27] ANA U'SHEVOR MALKA ACHEI B'DINA - I, and Shevor Malka (referring to Shmuel), are brothers in jurisprudence of monetary law

34a) [line 30] NISDAK - split, cracked
b) [line 31] NIFSAL - it was taken out of circulation (by the government)

35) [line 31] TERUMAH V'NITMEIS - if the thief stole Terumah and made it Tamei. Terumah that becomes Tamei may no longer be eaten by a Kohen and must be burned.

36) [line 31] CHAMETZ V'AVAR ALAV HA'PESACH - if the thief stole Chametz and had it in his possession when Pesach came. Chametz that was in the possession of a Jew during Pesach is prohibited to eat and is Asur b'Hana'ah (to derive benefit from it) due to a Gezeirah d'Rabanan.

37) [line 32] NIS'EVDAH BAH AVEIRAH - if a sin was done with the animal (ROVE'A / NIRBA - a male animal (Rove'a) or a female animal (Nirba) that had relations with a human)
(a) A Rove'a or a Nirba are animals that had relations with a human, as described in Vayikra 20:15-16 and in Sanhedrin 2a. These animals are put to death so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).
(b) In the instance of a Rove'a and a Nirba, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

38) [line 32] NIFSELAH ME'AL GABEI HA'MIZBE'ACH - if the animal became invalid from being brought as a Korban upon the Mizbe'ach by receiving a Mum, a blemish (see MUM, Background to Sotah 45:42).

39a) [line 32] HAYESAH YOTZ'AH LISAKEL - if the animal was being taken out to be stoned (SHOR HA'NISKAL)
(a) The term Shor ha'Niskal refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. One of the instances of Shor ha'Niskal is an animal that killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a.
(b) In the event that an animal killed a person, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

(a) Isurei Hana'ah are items from which it is prohibited by the Torah to derive benefit. Such items are considered to be of no monetary value. Some examples are Chametz b'Pesach and Shor ha'Niskal (see above, 40:I).
(b) A Shomer (one of the four watchmen mentioned in the Torah -- see Background to Bava Kama 44:21) and a Gazlan (a robber) have obligations to return items to their owners. If they cannot return the item for any reason, they must reimburse the owner with the value of the item. If the item becomes Asur b'Hana'ah while it is in the hands of the Shomer or the Gazlan, the Tana'im mentioned in our Gemara maintain that they may return the item "as is," and do not have to reimburse the owner, even though the item is worthless at present.

40) [line 34] D'LO HADAR BARI - it will not become healthy again
41) [line 45] HA'MACHALIF - one who effects a Kinyan by exchanging one item for another item. In such a case, the item that he is receiving becomes his property through the Ma'aseh Kinyan, the act of acquisition, that the other person does to the item that is being bartered.

42) [line 46] HALAH - the other person

All Shevu'os d'Oraisa, oaths of Torah origin, involve making a Shevu'ah to *exempt* oneself from payment or liability, and not making a Shevu'ah to *extract* payment from someone. This is derived from the verse, "An oath of HaSh-m shall be between the two of them... and the owner shall accept it and *he shall not pay*" (Shemos 22:10).

With regard to claims of land (or of slaves), none of the Shevu'os (oaths) d'Oraisa or d'Rabanan apply. Instead, we rule "ha'Motzi me'Chavero Alav ha'Ra'ayah," that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person.

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