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Bava Kama 103

1) [line 1] EIN KOFIN ES HA'MOCHER LIMKOR ZIMNA ACHARISI - we do not force the seller to sell another time (i.e. to write another Shtar)

2a) [line 5] MEIDA YEDA'AT D'ANA L'NAFSHEI SHAKILNA - you knew that I was taking it for myself
b) [line 6] U'FANACHYA B'ALMA HU D'KABA'INA - and I just wanted a form of protection (by having the Shtar written in the name of someone else)
c) [line 7] V'ZUZEI BI'CHEDI LO SHADINA - and I do not throw away money for nothing
d) [line 7] ELA A'DA'ATA (D'CHASAV LEI) [D'CHASAVT LI] SHETARA ACHARINA - rather, [I gave you money] with intention that you write for me another Shtar

4) [line 9] INYANA (AVDEI) [AVUD] LACH BA'HADEI HA'HU D'ZAVANT LEI BI'SHEMEI, [ZIL L'GABEI HA'HU D'ZAVANT LEI BI'SHEMEI] V'YICHTOV LACH SHETARA ACHARINA (based on Girsa'os mentioned in Dikdukei Sofrim) - you must have made an agreement with the person in whose name you purchased the land; [go to the person in whose name you bought the land], and he will write for you another Shtar (in which it will he will specify that you are the owner of the field).

5) [line 18] KISNA - flax
6) [line 18] ZABNEI MARVASEI D'KISNA - the owner of the flax sold it

7a) [line 19] AMAR LEI MAI A'AVID - he (Rav Kahana) said to him (Rav), "What shall I do?"
b) [line 20] EIZIL ISHKIL ZUZA'I - "Shall I go and take my money?"

8a) [line 20] IY KI KA'ZABNEI AMREI "HAI KISNA D'CHAHANA HU," ZIL SHEKOL - If, when they sold it, they said, "This flax belongs to Kahana," then go take [your money]
b) [line 21] V'IY LO, LO SISHKOL - and if not, do not take [your money]

9) [line 24] ATU MI YAHIV RAV KAHANA ARBA V'SHAKIL TAMNEI!? - is it that Rav Kahana gave four and is now taking eight (such that there is a problem of Ribis (interest))!? Rather, Rav Kahana gave money in order to receive flax, so flax is owed to him. If the seller stole the flax, then he must pay to Rav Kahana the value of the flax that it was worth at the time that he stole it (and if it happens to be worth more than the amount that Rav Kahana originally paid for it, that is not Ribis).

10) [line 27] AMANAH HAVAI - it was a sale on credit

11) [line 27] V'LO MASHCHEI RAV KAHANA L'KISNA - and Rav Kahana had not performed Meshichah with the flax (i.e. he had made no formal Kinyan; see Background to Bava Kama 79:7)

12) [line 28] OSIN AMANAH B'FEIROS V'EIN OSIN AMANAH B'DAMIM - we may make [a sale on] credit with fruit, and we may not make [a transaction of] credit with money. That is, when a buyer gives money (for example, 4 Zuz) to a seller in order to receive this money's worth of fruit (for example, one basket) at a later time, and when that time comes the fruit has increased in value (for example one basket of fruit is now worth 8 Zuz), the seller may give the buyer the larger amount of fruit, and it is not considered Ribis (even though the one basket of fruit is now worth 8 Zuz, and the buyer paid only 4 Zuz). In contrast, the seller may not give back money to the buyer in the amount that can now buy the desired quantity of fruit (for example, he may not give back 8 Zuz to the buyer, which can now buy one basket of fruit), for that would be considered Ribis.

(a) If one of the litigants in a court case claims that his opponent owes him money or is unjustly holding onto an item that belongs to him, the claimant has the right to force the accused to take an oath that he holds no such money. The oath that the accused takes to assert that he is not harboring someone else's money or item is called Shevu'as ha'Pikadon.
(b) If the accused later admits to his sin, he must return what he stole, pay a fine of Chomesh (a fifth of the ensuing total, or a *fourth* of the original value of the money he withheld) and bring a Korban Asham to receive atonement (Vayikra 5:20-26). However, he does not pay the fine of Chomesh, nor does he bring a Korban Asham, unless he *admits* to having sworn falsely, whether he admits before witnesses come and attest that he stole the item, or whether he admits after witnesses come. However, if witnesses testify that he swore falsely, and he does not admit to it, he does not pay a Chomesh and he does not bring a Korban Asham as atonement for his false Shevu'ah. (In certain circumstances he is even exempt from paying the principle of the item that he stole, see Background to Bava Kama 106a.)
(c) The obligation to pay a Chomesh and to bring an Asham that is incurred by swearing falsely applies whether he made a Shevu'ah due to the demand of Beis Din, who obligated him to make a Shevu'as ha'Pikadon, or whether he made a Shevu'ah, in Beis Din, on his own initiative ("Kafatz v'Nishba"), or whether he made a Shevu'ah outside of Beis Din (Bava Kama 106a).
(d) The Gemara explains that there are times when one is exempt from paying the Chomesh when one swears falsely, such as when the person's Shevu'ah obligates him to pay "Kefel" (see Background to Bava Kama 106a).

14) [line 31] MADAI - Mede (Medes, or Media) was an ancient empire northwest of the Persian Empire (between Persia and Assyria, south of the Caspian Sea), about 500 miles (800 kilometers) north-east of Eretz Yisrael


15) [line 2] V'CHEN B'FIKADON (SHEVU'AS HA'PIKADON) - so, too, is the law when one makes a false Shevu'ah regarding a Pikadon (deposit) (see above, entry #13)

16) [line 2] "(O) B'FIKADON..." - "[If a person sins, and commits treachery against HaSh-m, and lies to his neighbor about] an object that was delivered to him to guard, or about money given to him as a loan, or about an object taken away by force, or he has defrauded his neighbor, or he found a lost object, and he denied it, and he swore falsely about any one of these things that a person can do as a sin...." (Vayikra 5:21-22)

17) [line 22] HOTZA'AH - the expenses [involved in returning the stolen item]

18) [last line] MANAH - a denomination of currency worth 100 Zuz, or 480 grams of silver
(a) Equivalents of coins and amounts used in the Gemara:

  • 1 Maneh = 25 Sela'im = 100 Dinerin [of Kesef, silver]
  • 1 Dinar Zahav = 25 Dinerin
  • 1 Sela = 4 Dinerin
  • 1 Dinar = 6 Ma'in
  • 1 Me'ah = 2 Pundeyonin
  • 1 Pundeyon = 2 Isarin
  • 1 Isar = 6-8 Perutos (based on Kidushin 12a)
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