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Bava Kama 113

1) [line 3] CHALIF A'BAVA D'VEI DINA - passes the house (lit. gate) of Beis Din
2) [line 7] ISHTALUYEI ISHTALEI - they were negligent and forgot
3) [line 11] V'LO HI - but this (the previous ruling, that we wait to tear up the writ of excommunication that was issued because the litigant "Lo *Tzayis* Dina" -- did not follow the ruling of Beis Din -- until he actually caries out the ruling of Beis Din) is not [the Halachah. Rather, we tear up this writ of excommunication as soon as he states, "Tzayasna" -- "I *intend* to follow the ruling of Beis Din"]

4) [line 13] ZEMANA, U'ZEMANA BASAR ZEMANA - (lit. a time, and a time after a time) that is, he is not summoned for the three days (Monday, Thursday, Monday) at one time. Rather, he receives a separate summons and warning each time (RASHBA)

5) [line 21] LO B'YOMEI NISAN V'LO B'YOMEI TISHREI - not during the months of Nisan or Tishrei, (a) because the people are busy planting and reaping (RASHI) (this Halachah is similar to the declaration of Rava to his students, requesting that they not attend his lectures in Nisan and Tishrei -- Berachos 35b); (b) because the people are busy with the plans and procedures of the festivals of Nisan and Tishrei (RAMBAM Hilchos Sanhedrin 25:9)

6) [line 22] MI'NISAN L'VASAR NISAN - [giving a summons] during the month of Nisan for [an appearance in Beis Din] after the month of Nisan

7) [line 26] KALAH - (a) the weekly lecture delivered on Shabbos afternoon (RASHI); (b) the assembly of Babylonian students who convened to hear a series of lectures during the months of Adar and Elul (see ARUCH Erech Kal #4 re Berachos 8b, TOSFOS ROSH to Berachos 8b DH Savar citing Rabeinu Chananel and TOSFOS to Shabbos 114a DH v'Afilu, citing Ri); (c) the lecture regarding the Halachos of the festivals delivered on the Shabbos before each festival (RASHI to Berachos 6b DH Agra d'Kalah)

8) [line 26] KI HAVU ASU LEKAMEI D'RAV NACHMAN - when they (litigants who wanted Rav Nachman to issue a summons to their debtors) would come before Rav Nachman during the time of the Kalah

9) [line 27] V'CHI L'DIDCHU KENUFAICHU? - Do you assume that I assembled you for your own [financial] purposes?

10) [line 27] VEHA'IDNA D'IKA RAMA'EI, CHAISHINAN - but nowadays, when there exist various scoundrels and cheaters, we suspect [that they are trying to avoid paying their debts, and we issue summonses even on the days that the Gemara previously ruled that we do not]

11a) [line 31] PORTIN - to exchange silver coins (e.g. Sela'in or Dinerin) for their equivalent value in Perutos of copper

b) [line 31] PORTIN (CURRENCY)
(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)
(b) Another name for a Dinar of Kesef is a *Zuz*. All of the coins listed above are silver except for the Dinar Zahav, which is gold, and the Perutos, which are copper.

12) [line 32] MOCHESIN - customs collectors; revenue farmers for wicked kings. Chazal consider all of the money and items that they collect to be stolen

13) [line 32] GABA'IN - [tax] collectors

14) [line 34] DINA D'MALCHUSA DINA - lit. the law of the land is the law
(a) The monetary laws of non-Jewish kingdoms are binding on all of their Jewish inhabitants, even if they do not have a parallel in Jewish law.
(b) Because of this, if, according to the laws of a certain country, a particular action is considered a Kinyan (a formal, binding act denoting the acquisition of an object), it is deemed by the Halachah as a complete Kinyan with all of the ensuing ramifications. As such, the recipient of a certain object through this particular Kinyan is permitted to use it to betroth a woman, etc. Similarly, all monetary fines and taxes that are levied upon the inhabitants of a particular country are Halachically binding. For example, if, according to the laws of a certain country, a tax-evader is penalized by having his land confiscated and sold, the buyer attains complete ownership of the land. Likewise, all countries have the option to levy taxes and civil dues upon all of their inhabitants, as their rulers see fit when it is beneficial to the country or to the kingship. (See Insights to Nedarim 28:2.)
(c) This Halachah is very similar to the Halachah of "Hefker Beis Din Hefker" (see Background to Gitin 36:29), except that Hefker Beis Din Hefker refers to decrees of Beis Din regarding Yisraelim, while Dina d'Malchusa Dina applies to the edicts of a non-Jewish king and his ministers. There are those who are of the opinion that Dina d'Malchusa Dina is actually learned from the Halachah of Hefker Beis Din Hefker (DEVAR AVRAHAM 1:1, according to Rabeinu Yonah cited in the Shitah Mekubetzes to Bava Basra 54b). Others write that Dina d'Malchusa Dina is derived from logic; all of the inhabitants of a kingdom must accept upon themselves all of the laws and statutes of the king. If they did not intend to do so, they should not have moved to that kingdom. Furthermore, a king does not permit a person who is not willing to abide by his laws to live in his kingdom (RASHBAM to Bava Basra 54b DH Mi Amar, RASHBA and RAN to Nedarim 28a, ROSH ibid. 3:11, TERUMAS HA'DESHEN 341). A third opinion states that the lawful claim of a king over the financial resources of his kingdom to do with them as he pleases stems from the royal power to do with his subjects and their money as he pleases (as is evidenced in Shmuel I 8:11-17). He has a similar power over the land and possessions that he captures from other countries (see NIMUKEI YOSEF to Nedarim 28a, BEIS YOSEF Choshen Mishpat 26, citing the Responsa of the Rashba).
(d) Even if we rule that Dina d'Malchusa Dina, the monarchy does not have the right to make decrees in monetary matters that are preposterous and irrational, such as empowering a tax collector to collect from his subjects unlimited funds and possessions. The underlying reason that the decrees of the monarchy have Halachic significance is that they are enacted for the good of the country.

15) [line 35] MOCHES SHE'EIN LO KITZVAH - a customs-collector who levies unlimited taxes

16) [line 35] MOCHES HA'OMED ME'ELAV - a customs-collector who took the position by force and was not appointed by the king

17) [line 36] KIL'AYIM
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem, Kil'ei Zera'im and Harkavas ha'Ilan. Two types of Kil'ayim apply to animals: Harba'ah, and Charishah b'Shor va'Chamor. One type of Kil'ayim applies to clothing: Sha'atnez. (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to Kil'ayim of clothing.
(b) Sha'atnez is a mixture of wool and linen which is prohibited, as the Torah states in Devarim 22:11. Chazal teach that the word "Sha'atnez" is made up of three smaller words -- "Shu'a" (combed), "Tavi" (spun) and "Noz."
(c) The Rishonim disagree over the translation of the word "Noz":

1. RASHI (Nidah 61b and Horayos 11a DH Noz) and the RASH (Mishnayos Kil'ayim 9:8) learn that Noz means *woven together* (the wool and linen are woven together in a garment).
2. TOSFOS (Nidah 61b DH Shua Tavi v'Noz) disagrees with Rashi's explanation. We learn that the prohibition of Sha'atnez applies only when the wool and linen are woven together from the word "Yachdav" in the verse. If so, Noz does not mean "woven together." Rather, Noz means that the threads must be *twisted* or wound.
(d) The Rishonim disagree about how the wool and linen must be joined in order to transgress the Torah prohibition of Kil'ayim:
1. RASHI (ibid.) holds that the wool and linen must be combed, spun, *and* woven together. That is, the strands of wool must be combed together, spun together, and then woven together with the linen in order to transgress the prohibition of Sha'atnez. If the strands of wool are combed or spun separately from the strands of linen, even though they are later woven into a garment together, the Torah prohibition of Sha'atnez has not been transgressed.
2. TOSFOS (ibid.) learns that one transgresses the Torah prohibition if the wool and linen are combed, spun, and twisted separately, and are then joined together by two stitches. The RASH (ibid.) agrees with Tosfos, and rules that if the wool and linen are combed and spun separately and then joined, the prohibition of Sha'atnez has been transgressed. (However he does not require that the threads be twisted, see b:1.)
18) [line 37] LEHAVRI'ACH ES HA'MECHES - to avoid paying the customs duties
19) [line 42] HARAGIN - robbers who are willing to kill to get money
20) [line 43] CHARAMIN - robbers who do not kill

(a) The Mishnah in Nedarim (27b-28a) says "Nodrim l'Haragin..." -- a person is allowed to evade a bandit or a tax collector by making a Neder stating that he prohibits on himself all fruit in the world if a certain object (that the bandit wants to take) is not the king's property. Even though the object is not really the king's property, the Neder does not take effect and the fruit is Mutar, because we know that he only made the Neder to evade the bandit.
(b) Beis Shamai says that one may make such a Neder only when the bandit himself initiates it and says, "Vow to me that all fruit will be Asur to you if the object is not the king's." Beis Hillel argues and says that one may initiate the Neder himself, and, moreover, when the bandit does initiate it, one may even prohibit objects in his Neder that the bandit did not mention in order to convince the bandit of his sincerity. Hence, if the bandit says to him, "Vow to me that your wife will be prohibited to you if that object is not the king's," and he says, "My wife *and children* should be Asur to me...," Beis Shamai rules that only his wife remains Mutar to him but his children are Asur to him, because he added them to the Neder on his own accord. Beis Hillel, though, rules that they are all Mutar to him, because he included them all in the Neder only because of the bandit. (See Insights to Nedarim 28:1.)

22) [line 49] B'AKIFIN - in a round-about, tricky manner
23) [last line] ZEFIRIN - (a) Cyprus; (b) according to the ROSH and the Manuscript, the Girsa is *TZIPORI* - a city in the lower Galilee, approximately midway between Tiberias and Haifa


24) [line 1] SHE'LO YIMSHACHENU V'YETZEI - (lit. so that they should not pull him out and he leaves) (a) so that Beis Din does not use any other method of extracting the Eved Ivri sold to a Nochri (see Background to Kidushin 20:8) from the ownership of the Nochri other than Ge'ulah, i.e. paying the remaining debt that he owes to the Nochri for his release (RASHI); (b) so that they should not remove the Eved Ivri from the Nochri's house using force (ARUCH)

25) [line 1] YIGLOM - (a) to cause him (the Nochri) to claim and reclaim many times, the remaining debt owed to him (RASHI); (b) to trick the Nochri and pay him less than the amount that is owed to him (the word "Yiglom" is related to "*Golmei* Klei Etz" - unfinished wooden utensils, and refers to anything that is unfinished, such as the debt owed to the Nochri) (TOSFOS, ARUCH; see RASHBA who cites the Aruch in greater detail)

26) [line 2] "V'CHISHAV IM KONEHU..." - "And he shall reckon with him who bought him [from the year that he was sold to him to the Yovel year; and the price of his sale shall be according to the number of years, according to the time of a hired servant shall it be with him.]" (Vayikra 25:50)

27) [line 3] GER TOSHAV - A Ben Noach who accepts upon himself to fulfill the seven Noachide laws (This is the opinion of the Chachamim in Avodah Zarah 64b. Other Tana'im define Ger Toshav differently, ibid.)

28) [line 5] "...L'GER TOSHAV O L'EKER MISHPACHAS GER." - "[And if a sojourner or stranger becomes rich with you, and your brother who dwells with him becomes poor, and sells himself] to the stranger or sojourner with you, or to the offspring of the stranger's family." (Vayikra 5:47) - The Gemara (line 8) interprets the end of this verse, "l'Eker Mishpachas Ger" to mean that the Eved Ivri is purchased to perform menial tasks for a house of idol worship (but not, Chas v'Shalom, to serve the idol). Idol worship is called Eker in this verse because Sofo l'Aker (it is destined to be uprooted).

29) [line 10] HAFKA'AS HALVA'ASO - to release, cancel the obligation (lit. to cause breaking loose) of his debt

30) [line 12] EVED IVRI GUFO KANUY - (lit. the person of an Eved Ivri is the property of his master) the Eved Ivri (see Background to Bava Kama 86:10 and to Kidushin 20:8) is Halachically effected when he is purchased (See Insights to Kidushin 21:2).

31) [line 28] LAKNA D'DAHAVA - a golden flask or pan
32) [line 28] B'MAR D'PARZELA - under the presumption that is was made of brass

33a) [line 29] B'ARBA'AH ZUZEI - for four Zuzim
b) [line 29] V'IVLA LEI CHAD ZUZA - (lit. and he swallowed up, i.e. hid, one Zuz) (a) and he [capitalized on another mistake of the seller, in that he] hid from him one Zuz (when the seller mistakenly collected three) (RASHI); (b) and he [pretended to make a mistake himself, when he] gave him an extra Zuz, [paying five Zuzim, so that the seller would hurry away and not realize that he was selling a golden utensil] (ARUCH)

34) [line 31] L'TZALCHA - to split [into logs]
35) [line 31] ME'IKARO - from [the side nearest to] its roots
36) [line 32] SHIVSHA D'GUFNA - a grapevine branch
37) [line 32] V'SALI VAH KITUFEI D'INEVEI - and bunches of grapes were hanging from it

38) [line 34] AMAR LEI, "KUSI SHAKIL DAMEI; YISRAEL LO SHAKIL DAMEI." - Rav Ashi said to the Kusi, "A Kusi takes money; a Yisrael would not take money" [and I will not take the grapes free of charge -- TOSFOS]

39) [line 39] BAGEI - valleys, each containing many fields
40) [line 41] MAN D'MISHTAKACH B'VEI DAREI - if one [of several partners] is found on the threshing floor [with a quantity of grain that belongs to him alone]

41) [line 41] PARA MANASA D'MALKA - pays the royal share [of their produce on behalf of all of the partners. Later, they must pay him back.]

42) [line 41] SHUTAFA - a partner
43) [line 42] ARISA - a sharecropper, a hired field laborer who receives a percentage (1/2, 1/3 or 1/4) of the produce of the field

44) [line 42] ARISUSEI HU D'KA MAPIK - it is his percentage of the crop (i.e. his personal property) that he is expending [and since he is not a landowner, he is not responsible to pay this particular tax, and the collector who takes from his is a Gazlan]

45) [line 42] BAR MASA A'BAR MASA MEI'AVIT - the tax collector is permitted to take collateral from one resident for the debt of another resident [since Dina d'Malchusa Dina -- see above, entry #14]

46) [line 43] D'VURLA AR'A - land tax [consisting of a share of the produce of the land -- ARUCH, who is Gores *B'VULRA*, from the word "Yevul," produce]

47) [line 43] KARGA D'HAI SHA'TA - this year's head tax
48) [line 44] HANI D'DAIREI DIREI - those [Nochrim] who rent out their animals to fertilize fields

49) [line 44] ASUR LIKACH MEHEN - it is prohibited to buy (a) animals (RASHI); (b) dung (ARUCH) from them

50) [line ] MISHUM D'ME'ARVA CHEIVASA D'MASA B'HADAIHU - (a) since the animals of the town may have become mixed up with them, and a particular animal may not belong to them (RASHI); (b) since the animals of the town may have become mixed up with them, and the dung is a product of Gezel (ARUCH)

51) [line 47] D'SALKIN L'EILA UD'NACHTIN L'SATA - those who went up [from Bavel to Eretz Yisrael] and those who went down [from Eretz Yisrael to Bavel]

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