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Bava Kama 102

1) [line 1] L'HASAKAH - for burning as fuel
2) [line 3] MISHRAH - soaking flax
3) [line 3] KEVUSAH - washing clothes
4) [line 12] MELUGMA - (O.F. enplastre) gauze, bandage, poultice
5) [line 21] L'ZILUF - for sprinkling on the ground (which gives the house a pleasant fragrance)

6) [line 22] APIK'TVI'ZIN - (O.F. vomite) [taking a tonic to induce] vomiting (this word is a combination of the words APIK (exuding) TVEI (abundance) ZIN (food))

7) [line 24] YASIV RAV YOSEF ACHOREI D'REBBI ABA KAMEI D'RAV HUNA - Rav Yosef was sitting behind Rebbi Aba, [who both were sitting] in front of Rav Huna [their teacher, facing him]

8) [line 27] AHADRINHU RAV YOSEF L'APEI - Rav Yosef turned his face away [from Rav Huna (in anger)]

(a) One who lends money to a Nochri with a deed of debt may not collect the loan at the time of their festivals (i.e. from three days before the festival), because it will cause the Nochri to give thanks to his idols that he no longer has the obligation to pay the debt (since there is no way that he can deny the debt when the lender is holding a Shtar).
(b) One who lends money to a Nochri without a Shtar may collect the loan at the time of their festivals, because the Nochri does not experience great joy at no longer having to pay the debt, since he could have denied it (for there is no Shtar).

(a) The Chachamim set down various rules to determine the Halachah when there is an argument among the Tana'im.
(b) One of these rules applies where we find a certain Halachah recorded anonymously ("Stam") in one place in the Mishnah and it is recorded with dissenting views in another place. If the Stam Mishnah is the latter of the two, it is meant to resolve the argument and show that the Halachah follows this opinion (RASHI to Avodah Zarah 7a). If the dissenting opinions are recorded after the Stam Mishnah, it does *not* prove that we rule like the Stam Mishnah. This is either because such a Stam Mishnah provides no proof that the Stam is the Halachic opinion, or else because the argument following the Stam is meant to cast doubt on the Stam Mishnah and show that the Halachah does not follow that opinion. (See below, entry #12.)

11a) [line 41] KOL HA'MESHANEH YADO AL HA'TACHTONAH - anyone (a hired worker or craftsman) who changes [from the instructions given to him by the owner of the item] has the underhand (and the owner needs to pay him only the lesser value -- the worker's expenses, or the increase in value of the item, whichever is less)
b) [line 42] V'CHOL HA'CHOZER BO YADO AL HA'TACHTONAH - and anyone who withdraws [from the deal] has the underhand (the Gemara in Bava Metzia 77b gives two explanations for this)

(a) See above, entry #10.
(b) There is no established order in the Mishnayos ("Ein Seder la'Mishnah") with regard to two Mishnayos from different Sedarim of the Mishnah, and as such, these rules do not apply to two Mishnayos from different Sedarim. Similarly, "Ein Seder la'Mishnah" applies from one Masechta to another in the same Seder, and thus these rules do not apply to two Mishnayos from two Masechtos. (However, it appears that RASHI in Yevamos 42b rules that Stam v'Achar Kach Machlokes *does* apply to two Mishnayos from different Masechtos, but not to two Mishnayos from different Sedarim -- see RASHASH there.)

13) [line 48] KULAH NEZIKIN CHADA MASECHTA HI - (a) All of the tractates of "Nezikin" -- i.e. the three tractates of Bava Kama, Bava Metzia, and Bava Basra -- are one tractate (but they were divided into three because of the great length). (RAV SHERIRA GA'ON and RABEINU YEHUDAH HA'LEVI, as cited by the YAD MALACHI; RAMBAM, Perush ha'Mishnayos; RASHI, RACH, RITVA, and ME'IRI in Avodah Zarah 7a); (b) All of the tractates of Seder Nezikin are considered to be one tractate (with regard to the rule of "Ein Seder la'Mishnah;" see previous entry). (YAD MALACHI; MAHARSHA, beginning of Bava Basra; RASHASH, citing RASHI in Yevamos 42b; see YOSEF DA'AS here)

14) [line 49] MISHUM DI'KETANI LAH GABEI HILCHESA PESIKTA - [the view of Rebbi Yehudah -- i.e. "Kol ha'Meshaneh Yado Al ha'Tachtonah" -- is accepted as the Halachah] because it is written in the Mishnah together with a Hilchesa Pesikta, a unanimously-accepted Halachah (i.e. "Kol ha'Chozer Yado Al ha'Tachtonah")

15) [last line] HA'NOSEN MA'OS LI'SHELUCHO - one who gives money to a messenger (to buy a certain item, such as wheat, and the Shali'ach instead bought a different item, such as barley)


16) [line 1] IM PACHASU, PACHASU LO - if it decreases in value, then it has decreased for him (and the Shali'ach must pay back the full, original value to the owner)

17) [line 3] HOSIRU LA'EMTZA - [if it increases in value, then] it has increased for both of them (and they share the profit)

18) [line 10] MECHACHU ALAH B'MA'ARAVA - they laughed about it (the answer of Rebbi Yochanan)

19) [line 12] V'CHI MI HODI'O L'VA'AL CHITIN SHE'YAKNEH CHITIN L'VA'AL MA'OS!? - Who informed the owner (seller) of the wheat that he should have in mind to acquire it to the owner of the money (and not to the Shali'ach)!?

20) [line 17] HA'MAKDISH NECHASAV - one who sanctifies his property to be the property of the Beis ha'Mikdash

21) [line 17] HA'MA'ARICH
(a) Erech (endowment valuation) refers to a special form of vow. If a person declares, "Erech Ploni Alay" ("I accept upon myself to give the endowment value of so-and-so [to Hekdesh]"), he must give the specific value that the Torah designates for the person's gender and age group as stated in Vayikra 27:1-8 (see below, (b)). It makes no difference at all whether the person is healthy or sick, strong or weak.
(b) The Erech that the Torah specifies for children between the ages of 1 month and 5 years is 5 Shekalim for males and 3 Shekalim for females (Vayikra 27:6). For youths and young adults between the ages of 5 years and 20 years, the Erech that the Torah specifies is 20 Shekalim for males and 10 Shekalim for females (Vayikra 27:5). For adults between the ages of 20 years and 60 years, the Erech that the Torah specifies is 50 Shekalim for males and 30 Shekalim for females (Vayikra 27:3-4). For adults over 60 years of age, the Erech that the Torah specifies is 15 Shekalim for males and 10 Shekalim for females (Vayikra 27:7).
(c) If the one who accepted to pay the Erech to Hekdesh was poor and did not have the financial means to acquit himself of his responsibility, then the Kohen would assess his total assets (Heseg Yad). The Kohen would accept from the poor man whatever he had has payment of the Erech, and acquit him of his responsibility. This is learned from the verse (Vayikra 27:8), "... Al Pi Asher *Tasig Yad* ha'Noder Ya'arichenu ha'Kohen" ("If he is too poor for the Erech, that he should be stood before the Kohen, and the Kohen should assess him. Based on what the one making the oath can afford, the Kohen should assess him"). If he was completely impoverished with absolutely no assets or money, the poor man would not be acquitted of his responsibility until he paid at least one Sela (Shekel).

22) [line 18] B'TZEVA SHE'TZAVA LI'SHEMAN - colored garments that were dyed specifically for them

23) [line 20] MI HODI'O LA'TZABA SHE'YAKNEH TZAVA'O L'ISHAH!? - Who informed the dyer that he should have in mind to acquire his dye to the man's wife!?

24) [line 27] MA'ALIN LO TEFILIN - (a) We assess for him the value of his Tefilin (and, instead of taking them away as a result of his sanctifying all of his property to Hekdesh, we let him keep his Tefilin and we let him borrow money in the amount of the Tefilin's value and give the money to Hekdesh) (Rashi here); (b) We give him his Tefilin and let him redeem them for money (Rashi, Erchin 23b); (c) We remove his Tefilin from [upon] him (Rambam, Perush ha'Mishnayos, Erchin 6:4); (d) We sell his Tefilin for the highest amount ("Iluy") that one will pay for it, and we require him to give that money to Hekdesh (Tiferes Yisrael, Erchin 6:4)

25a) [line 28] IYN! DA'ATO SHEL ADAM AL TEFILIN - Yes! A person's intention is [even] on his Tefilin (when he makes all of his property Hekdesh)
b) [line] SAVAR, MITZVAH KA AVIDNA - he thinks, "I am doing a Mitzvah" (by giving his Tefilin to Hekdesh)

26) [line 30] MISHUM EIVAH - because of enmity (so that his wife and children not feel enmity towards him)

27) [line 32] MEMASHKENIN OSAN - [treasurers of Hekdesh] take a Mashkon (surety) from people [who accepted upon themselves a vow of Erchin]

28a) [line 36] HA'LOKE'ACH SADEH ME'CHAVEIRO B'SHEM REISH GALUSA - one who buys a field from his fellow man in the name of the Reish Galusa (Exilarch). The buyer's intention in telling the seller that he is buying the field on behalf of the Reish Galusa is to have the seller write, in the bill of sale, that the field was sold to the Reish Galusa, so that if anyone ever questions the ownership of the field, the buyer will show the contract containing the name of the Reish Galusa, and that will intimidate any potential disputant.
b) [line 36] EIN KOFIN OSO REISH GALUSA LIMKOR - we do not force the Reish Galusa to sell it. That is, we do not force the Reish Galusa to write a new bill of sale for the buyer, writing the buyer's name as the real owner of the field.
c) [line 36] V'IM AMAR "AL MENAS," KOFIN ES REISH GALUSA LIMKOR - and if the buyer said [when he bought the field], "On condition," then we force the Reish Galusa to sell it (and to write a new bill of sale for the buyer)

29) [line 40] KEGON D'OD'EI L'VA'AL SADEH, V'OD'INHU L'SAHADEI - the case is where he informed the owner (seller) of the field, and he informed the witnesses

30) [line 41] LO YEKARAICHU BA'INA, V'LO ZILUSAICHU BA'INA - I do not need your honor (that you want to give me by writing your contract in my name so that people will be afraid to oppose it), and I do not need your scorn (that you give me by troubling me to write a new contract for you, as if I were a common land-dealer)

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