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Bava Kama 117

1) [line 4] METAMEI - one who makes someone else's Taharos (food items that are Tahor, Halachically pure) become Tamei (Halachically impure -- see Background to Gitin 52:48)

2) [line 4] MENASECH - one who makes someone else's wine become Yayin Nesech
(a) Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This is derived from the verse, "Asher Chelev Zevacheimo Yochelu, Yishtu *Yein Nesicham*" - "Those who ate the fat of their sacrifices, and drank the wine of their drink offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrificed for idolatrous purposes.
(b) The Chachamim prohibited the wine of a Nochri that was *not* poured as a libation (Stam Yeinam) out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah. Although this is only an Isur mid'Rabanan, it is a very severe prohibition (see Chochmas Adam 75:1).

3) [line 5] MEDAME'A - one who mixes Terumah into someone else's Chulin
(a) If Terumah is mixed into Chulin, the entire mixture becomes prohibited. The Terumah only becomes Batel (canceled) if one part of Terumah falls into at least 100 parts of Chulin. Even if the Terumah is Batel, it is forbidden for non-Kohanim to eat the entire mixture; the equivalent of the amount of Terumah that fell in must first be removed from the mixture.
(b) If the percentage of Terumah that fell into the Chulin was greater than one in one hundred, the mixture is known as *Meduma* (lit. mixed) and is forbidden to be eaten by non-Kohanim. It can only be sold at a loss, since the owner cannot charge the Kohanim more than the price of Terumah for Meduma.
(c) According to Tosfos in Chulin 99a DH Ein, this law applies only if the Terumah was the same type of food as the Chulin; otherwise Terumah is Batel just like any other Isur (Shishim, one sixtieth).

(a) HOTZA'AH - Hotza'ah is the last of the thirty-nine Avos Melachos of Shabbos. It involves either

1. transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain),
2. Hachnasah, which refers to transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid,
3. *Ma'avir Arba Amos b'Reshus ha'Rabim*, or carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos,
4. Moshit, which involves *passing* an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 96:3). These are all biblical prohibitions.
(b) AKIRAH & HANACHAH - In order to transgress the biblical prohibition of Hotza'ah, certain conditions must be met. An Akirah (initiation of movement) and a Hanachah (putting the object to rest) must be performed on the object by the same person. If one person does the Akirah and another does the Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a.

5) [line 15] SHIRA'IN - silk garments

See Background to Bava Kama 112:9.

The Akirah (the initiation of movement) is needed for and is a necessary part of the Hanachah (the act of putting the object to rest), and one action is considered to have taken place from the beginning of the Akirah until the end of the Hanachah. As such, the garments are considered to have been torn at the same time as the desecration of Shabbos, since the tearing took place between the Akirah and the Hanachah. Similarly with regard to Yayin Nesech, picking up (i.e. stealing) the wine is considered to have been done at the same time as the Nisuch (but see SHITAH MEKUBETZES citing the RA'AVAD).

(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Similarly, when a thief steals an object, he is only subject to the various Halachos and penalties of stealing when he makes a Ma'aseh Kinyan on the stolen object. Depending on what object one is acquiring or stealing, different Kinyanim are used, as follows.
(b) The forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) are:

1. Hagbahah, i.e. lifting the item;
2. Meshichah, i.e. pulling the item or causing it to move;
3. Mesirah, i.e. handing over the reigns of an animal the tie lines of a boat or a bill of debt (Shtar Chov);
4. Chatzer, i.e. bringing the item into one's private domain;
5. Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement). (This Kinyan does not apply to theft.)
6. Agav, i.e. acquiring the moveable object automatically upon the acquisition of land. (This Kinyan also does not apply to theft.)
9) [line 17] BEI EVYONEI - the name of a place (RASHI)
10) [line 19] AHADAR UVDA L'MAREI - rescind [your decision in] this case [and return the money] to its owner

11) [line 20] NATAL V'NASAN B'YAD CHAYAV - if he [physically] took it and handed it over [to the agents of the king,] he is liable

12) [line 22] AMRU LEI, "DAREI V'AMTEI B'HADAN!" - they said to him, "Pick up [the wine] and bring it with us [to the palace of the king]!"

13) [line 24] D'LO UKMEI ILUYAH ME'IKARA - where they have not laid their claim on it

14) [line 25] AVAL HEICHA D'UKMEI ILUYAH ME'IKARA, MIKLI KALYEI - but where they have laid a claim on it, it has already been exposed to the covetousness of thieves (lit. is [considered to be] burned up)

15) [line 26] HOSHIT LI - pass over to me
16) [line 26] PEKI'A AMIR - a bundle of sheaves
17) [line 27] TREI IVREI D'NAHARA - two sides of a river
18) [line 28] SHUTA - a trap, net
19) [line 29] PARHANGA D'MALKA - the king's official
20) [line 30] V'CHOL KEMINEI? - But does he have such power?

21) [line 31] MESHAMTINAN LEI - we excommunicate him (NIDUY / SHAMTA)
See Background to Bava Kama 112:22.

22) [line 33] SHAMTEI L'KO'EI MINEI - he tore out his windpipe, i.e. he killed him

23) [line 34] "BANAYICH ULEFU, SHACHEVU B'ROSH KOL CHUTZOS, K'SO MICHMAR..." - "Your sons have fainted, they lie at the head of all the streets, as a wild bull in a net..." (Yeshayah 51:20)

24) [line 36] AMAR LEI RAV, "KAHANA..." - Rav said to him, "Kahana..."
25) [line 37] KUM SAK - get up and go

26) [line 38] V'KABIL ALACH D'LO TIKSHI L'REBBI YOCHANAN SHEVA SHENIN - and accept upon yourself to not ask Rebbi Yochanan any questions for seven years

27) [line 39] MESAYEM MESIVTA D'YOMA - he reviewed (for the benefit of the students) [the teachings of Rebbi Yochanan that they heard in] the Beis ha'Midrash that day

28) [line 42] DARA KAMA - the first row [of students]
29) [line 45] AMAR, "YEHE RA'AVA D'HANI SHEVA DAREI LEHAVU CHILUF SHEVA SHENIN D'AMAR LI RAV!" - he (Rav Kahana) said, "May it be the will [of HaSh-m] that those seven rows (from which I was demoted) should stand in place of the seven years in which Rav said to me [not to ask any questions of Rebbi Yochanan]!"

30) [line 46] BISTARKEI - rugs
31) [line 48] MESARCHEI GEVINEI - [the hairs of] his eyebrows (or eyelashes) [were so long that they] hung down [over his eyes]

32) [line 48] DALU LI EINAI V'ACHZEYEI - lift up [the hairs of my eyebrows (or eyelashes) from over] my eyes and I will see him

33) [line 49] B'MICH'CHALTA D'CHASPA - with a silver comb
34) [line 49] CHAZA D'PARTEI SIFVASEI - he saw that his lip was split (making it look like he always had a smirk on his face)

35) [line 49] SAVAR ACHUCH KA'MECHAYICH BEI - he (Rebbi Yochanan) assumed that he (Rav Kahana) was laughing at him

36) [line 49] CHALASH DA'ATEI V'NACH NAFSHEI - he (Rebbi Yochanan) became upset, dejected and he (Rav Kahana) died

37) [last line] CHAZISU L'BAVLA'AH HEICHI AVID? - Did you see how that Babylonian acted [disrespectfully towards me]?

38) [last line] DARKEI HACHI! - That is just the way [he looks]!
39) [last line] AL L'GABI ME'ARTA - He went into his [burial] cave


40) [line 1] HADRA LEI ACHNA - a large snake encircled the mouth of the cave, the tip of its tail in its mouth

41) [line 4] BA'I RACHAMEI V'UKMEI - He asked for Divine Mercy and he brought him back to life (lit. stood him up)

42) [line 8] TIREI - he woke him up (the next step in bringing Rav Kahana back to life)

43) [line 10] DILECHON AMRI, DILEHON HI! - I used to say that the Torah could be considered as belonging to the scholars of Eretz Yisrael. Now I see that this is true about the Torah of the scholars of Bavel

44) [line 11] METAKESA - silk goods

45) [line 19] DINA D'GARMI
(a) Rebbi Meir holds a person liable for damaging another person or his possessions even in an indirect manner. For example, not rebuilding a fence that separates between the fields of two landowners may cause one person's vines to prohibit the grain of his neighbor as Kil'ayim (see Background to Yevamos 81:11). Rebbi Meir holds the person who did not rebuild his fence liable for causing the other field to become prohibited.
(b) There are two manners of causing indirect damage. The less direct manner is known as "Grama," for which even Rebbi Meir does *not* hold a person liable. The more direct manner is known as "Garmi," for which Rebbi Meir holds a person liable. (The Rishonim argue as to the definition of "more direct.") Our Gemara records that the Amora'im Rebbi Shimon ben Elyakim and Rebbi Elazar ben Pedas also hold a person liable for Eina d'Garmi

46) [line 26] AMID - wealthy
47) [line 28] ARNEKA D'FIDYON SHEVUYIM - a pouch of money collected for the redemption of captives

48) [line 32] MABRA - ferry, raft
49) [line 33] BA'I L'ATBU'EI - he (the donkey) tried to sink it (the raft)
50) [line 33] MALACH LEI L'CHAMRA - he tried to counterbalance the donkey (alt. Girsa MALACH *BEI CHAD MINAIHU* - one of them tried to keep the raft in balance [against the donkey that threatened to upset it] (RIF)

51) [line 35] RODEF
(a) A person is allowed to save himself from a "Rodef" (an assailant pursuing him with the intention of murdering him), even by killing the Rodef, if he cannot save himself in any other way. In this situation, the Torah teaches, "ha'Ba l'Horgecha, Hashkem v'Horgo" - "When someone tries to kill you, rise up and kill him first."
(b) The owner of the donkey in our Gemara is considered to have been a Rodef since he was responsible for the actions of his donkey that tried to sink the raft.

52) [line 37] NIRDAF - the one who is being pursued by the Rodef
53) [line 42] SHATFAH NAHAR - the river flooded [the field mentioned in the Mishnah above, Daf 116b]

(a) In order to extract the Halachah from the verses of the Torah, many Tana'im interpret the verses on the basis of Kelalim (generalizations) and Peratim (specifications). Others interpret the verses on the basis of Ribuyim (inclusions, i.e. qualifications that enlarge the scope of the law) and Mi'utim (exclusions).
(b) According to the approach that learns Kelalei u'Fratei, when a Kelal is followed by a Perat, which is followed in turn by another Kelal, then everything belonging to the general category that is similar to the Perat is included. Anything that is not in the *general category* of the limiting Perat is not included. According to the approach that learns Ribuyei u'Mi'utei, the outcome mentioned previously (for Kelal u'Frat u'Chlal) is already achieved when a Ribuy is followed only by a Mi'ut. When a Ribuy is followed by a Mi'ut and the Mi'ut is followed in turn by another Ribuy, then everything is included except for *one item* that is totally dissimilar to the limiting Mi'ut. (This means that the verse will include *more* instances than the first opinion assumed.)

55) [line 45] "...V'CHICHESH BA'AMISO B'FIKADON..." - "[If a soul sins, and commits a trespass against HaSh-m,] and lies to his neighbor in that which was delivered him to keep, [or in fellowship, or in a thing taken away by violence, or has deceived his neighbor.]" (Vayikra 5:21)

56) [line 45] "[O MI']KOL ASHER YISHAVA ALAV LA'SHEKER..." - "[Or] all that about which he has sworn falsely; [he shall restore it in full, and shall add a fifth part more to it, and give it to him to whom it belongs, on the day that he admits his guilt." (Vayikra 5:24)

57) [line 48] DAVAR HA'MITALTEL - a movable object
b) [line 48] V'GUFO MAMON - and it has intrinsic monetary value
58) [line 50] YATZ'U AVADIM SHE'HUKSHU L'KARKA'OS - slaves are excluded since they are compared to land

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