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Bava Metzia 6

BAVA METZIA 6 - Dedicated in honor of the Yahrzeit of Eliezer ben Reb Shraga Feivel Marmorstein (6 Kislev) by his nephew, whom he raised like his own child after the war, Mr. D. Kornfeld.

1) [line 7] SHE'LO PASHATI BAH - [he must make an oath, saying] that "I was not negligent with it"
See Background to Bava Metzia 3:2.

2) [line 7] SHE'LO SHALACHTI BAH YAD - that he did not use it for himself
The Torah (Shemos 22:6-8) teaches that when a person deposits an object with someone to watch, and the Shomer (watchman) uses the object without the owner's permission, the Shomer assumes full responsibility for the object. From that point on, the Sshomer becomes obligated to return the value of the object to the owner even if an uncontrollable accident occurs and destroys it (See Background to Bava Metzia 3:2).

3) [line 11] MILVEH YESHANAH - an old loan [about which the debtor may have forgotten]

4) [line 16] PARSHEI INSHEI - people avoid
5) [line 19] TAKFAH ECHAD BEFANEINU MAHU? - [In the case mentioned in the Mishnah, that two people are holding on to one Talis,] what is the Halachah if one of them grabs it away from the other in front of us (Beis Din)?

6) [line 25] SHNEIHEM ADUKIN BAH - two of them are holding fast onto the Talis

The general rule in monetary claims is that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person. Hence, when there is a doubt, all money remains with the one who has possession.

8) [line 32] BI'DEMEI AGARTI NIHALEI - for money I leased it to him
9) [line 36] V'IDACH MISRACH BAH SERUCHEI - and the other person is pawing at it; scraping at it

10) [line 38] MODEH SUMCHUS D'SARCHAH LAV KELUM HI - [even] Sumchus admits that scraping at it does not give that person a legal claim to it (RASHI uses the words "Ein Shor Shachut Lefanecha" to describe this case. Literally, these words mean, "there is no slaughtered ox in front of you," meaning that there is no undeniable evidence at hand.)

The act of proclaiming something as Hekdesh accomplishes the same thing as physically handing something over to a private citizen (i.e. through speech one can make a Kinyan to Hekdesh)

Just like one's house is in his domain, so, too, everything [that he wants to be Makdish] must be in his domain. This teaches that a person may only be Makdish an object under two conditions: 1. It belongs to him, and 2. It is under his control.


13) [line 1] MASUSA - bathhouse
14) [line 1] D'HAVU MINTZU ALAH BEI TREI - about which two [people] were arguing [as to its ownership]

15) [line 5] KAFRI - a place in Bavel
16) [line 6] SURA - a town in Southern Bavel between the canals, seat of the Yeshiva founded by Rav

17) [line 7] BECHOR ADAM
(a) The Torah requires that every person sanctify the firstborn male of his children, Kosher animals and donkeys, as it is written, "Kadesh Li Kol Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu." - "Sanctify to Me every first-born that initiates the womb among the children of Yisrael, among both man and beast; it is Mine." (Shemos 13:2)
(b) The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a child whose father or mother is a Kohen or a Levi. The first male born to a *mother* must be redeemed by his father as stated in Shemos 13:13, "v'Chol Bechor Adam b'Vanecha Tifdeh." The Bechor must be redeemed when he is one month old by giving five silver Shekalim of Kodesh (each of which weighs 19.2 or 17 grams; see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 487-488) to a Kohen as stated in Bamidbar (18:16). This applies only if the son was the first issue (i.e. he was not preceded by a Nefel -- stillborn) and was delivered through the womb (i.e. he was not delivered by Cesarean section). (SEFER HA'CHINUCH #392)
(c) HaSh-m wanted to give us merit by having us perform a Mitzvah with the first produce of our efforts so that we should realize that everything is His. A person comes to this understanding when after all his toil he takes these first products, which are as dear to him as the apple of his eye; and gives them to HaSh-m. Another reason for this Mitzvah is to remember the great miracle that HaSh-m did for us by killing the firstborn of Egypt. (SEFER HA'CHINUCH #18)

(a) BECHOR BEHEMAH TEHORAH - The Kedushah of Bechor rests on every first-born male of an ox, goat or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban during its first year. After its blood and Emurim (see Background to Yevamos 7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in Yerushalayim during the following two days and the intervening night. If the animal has or develops a Mum, it must be slaughtered and eaten during its first year. If it developed a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner. It may not be redeemed with money.
(c) Whether or not it has a Mum, it is forbidden to work with a Bechor or to shear it. Any fleece that is removed from a Bechor, even if it came off on its own, is Asur b'Hana'ah. If, upon Shechitah, the animal is found to be a Tereifah, it is Asur b'Hana'ah and must be buried.
(d) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be bought, however, in order to be sold for a profit (Sefer ha'Chinuch #393, #445).
(e) BECHOR BEHEMAH TEME'AH (PIDYON PETER CHAMOR) - There is a Mitzvah to redeem each firstborn male donkey, as the verse states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani...v'Chol *Peter Chamor* Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto" - "And it shall come to pass that when HaSh-m brings you to the land of the Kena'ani... And every *firstborn donkey* must be redeemed with a sheep [that is given to a Kohen]. If it is not redeemed, you must decapitate it" (Shemos 13:11-13).

19) [line 9] ASURIN B'GIZAH V'AVODAH - see previous entry, (c)
20) [line 14] KEDUSHAH HA'BA'AH ME'ELEHA - sanctity that come automatically, i.e. when it is born

(a) Every year, a person must collect all of the kosher animals that were born during that year into a corral. If they are ten or more, then as they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shavet, ha'Asiri Yiheyeh Kodesh la'Sh-m." - "And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m."
(b) Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner in Yerushalayim. If it has a Mum, the owner may slaughter and eat it anywhere.

22) [line 16] DIR - stable yard; corral
23) [line 24] SEFEIKA LAV BAR ASUREI HU - those doubtful lambs are not fit to be tithed

24) [line 25] KAFATZ ECHAD MIN HA'MENUYIN L'SOCHAN - one of the lambs that was already counted jumped back into them (into the flock of sheep that were in the stable yard)

25) [last line] MINYAN HA'RA'UY POTER - a count fit to be completed exempts an animal from Ma'aser Behemah (MA'ASER BEHEMAH: MINYAN HA'RA'UY POTER)
(a) A person separates Ma'aser Behemah by putting all the animals born to him that year into a corral. If they are ten or more, then as they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah.
(b) Animals leaving the Ma'aser corral become exempt from Ma'aser if their ten-count was fit to be completed, even if it was not actually completed (e.g. if there were only ten and the tenth one died before leaving the corral).

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