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Bava Metzia 26

BAVA METZIA 26 (3 Teves) - dedicated l'Iluy Nishmas Rebbetzin Sarah Gustman (wife of Hagaon Rav Yisroel Zev Gustman and daughter of Hagaon Rav Meir Bassin of Vilna) on the day of her Yahrzeit, by two Talmidim Muvhakim of Rav Gustman, Hagaon Rav Hillel Ruvel and Hagaon Rav Yisrael Azriel Zalisky - and in honor of the marriage of Rav Zalisky's son, Yitzchak Zvi, to his wife Rachel Dinah (Lasher) on 2 Teves 5762. May they be Boneh a Bayis Ne'eman b'Yisrael!

1) [line 1] D'SHASICH TEFEI - it is extremely rusted (this applies to the Metzi'ah in the inner half of an old wall *and* to the Metzi'ah in the outer half of a new wall, as is obvious from RASHI to Daf 25b, DH me'Chetzyo)

2) [line 3] SAKINA BASAR KATA - with regard to a knife, we go after the handle, i.e. the knife belongs to the owner of the wall if its handle points inward, and it belongs to the finder if its handle points outward

3) [line 3] KISA BASAR SHANTZEI - with regard to a money pouch, we go after the tie-strings, as in the previous entry

4a) [line 6] L'GAV - pointing inward
b) [line 6] L'VAR - pointing outward
5) [line 7] UDRA - a soft substance such as combed wool or a rag
6) [line 7] NASKA - bullion, a bar of metals
7) [line 9] D'MASHPA B'CHAD GISA - it slants to one side
8) [line 10] ISHTAPUCHEI ISHTAPUCH - [it was originally only on the side of the wall that was higher up and] it slid down [to the lower side]

9) [line 13] SOCHAREI VEHEMAH - livestock merchants

10) [line 14] MA'ASER (MA'ASER SHENI)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

11) [line 17] L'HISKABED - to be swept
12) [line 18] KAMA'EI KAMA'EI AZLU V'HANEI ACHARINEI NINHU - the first items [that were left there] have gone and these are different ones

13) [line 21] PUNDAK - an inn
14) [line 31] V'AZDA RAV NACHMAN L'TA'AMEI - and he (Rav Nachman) follows his own reasoning elsewhere


(a) The Torah only obligates a person to swear if he admits to part of the claim against him, but not if he is Kofer ha'Kol, i.e. he denies the entire claim (see Background to Bava Metzia 5:6:a).
(b) Even so, the Rabanan required a person who is Kofer ha'Kol to make a Shevu'ah known as a Shevu'as Heses, since a person usually does not make a claim against his fellow man unless there is some basis to the claim. Although the defendant usually would not be so brazen as to deny the entire claim, the Rabanan still suspected that he intends to pay at a later time and he is denying the claim now in order to delay the payment (Shevu'os 40b).
(c) This Shevu'ah is made even on claims of Karka (real estate), even though one does not make other Shevu'os with regard to Karka (TOSFOS to Bava Metzia 6a DH Ela, citing Rav Hai Ga'on)

16) [line 16] ACHULEI ACHALEI L'MANASEI GABEI CHAVREI - he may have conferred his share to his friend

17) [line 19] "LO SIGZOL" - "[You shall not defraud your neighbor,] nor rob him; [the wages of he who is hired shall not remain with you all night until the morning.]" (Vayikra 19:13)

18) [line 20] "HASHEV TESHIVEM" - "[You shall not see the bull of your brother or his sheep cast off, and hide yourself from them;] you must certainly return them [to your brother.]" (Devarim 22:1)

19) [line 20] "LO SUCHAL L'HIS'ALEM." - "[In like manner shall you do with his donkey; and so shall you do with his garment; and with every lost thing of your brother's, which he has lost, and you have found, shall you do likewise;] you may not hide yourself." (Devarim 22:3)

20) [line 21] V'AF AL GAV (D'CHAZARAH) [D'AHADREI] L'ACHAR YE'USH - and even though he returned it after Ye'ush

21) [line 28] BEI CHALASA - in the sand
22a) [line 30] AF AL GAV D'CHAZYEI - even though he saw the person from whom the coins fell
b) [line 31] D'AISI ARBELA V'KA MERABEL - bring a sieve and sift the sand
23) [line 33] MASHKACHNA MIDI - I will find something
24) [line 35] TEIVAH - the counter
25) [line 35] CHENVANI - a storekeeper
26) [line 35] SHULCHANI - a moneychanger
27) [line 36] KISEI - the stand on which the tabletop of the Shulchani rests
28) [line 39] TZERURIN - tied up in a certain way
29) [line 45] MASNISIN KESHISEI - the Mishnah is difficult for him, i.e. the language of that Mishnah compels him to make this ruling

30) [line 47] MATZA B'SHULCHANOS - he found it on the tabletops

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