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Bava Metzia 30

1) [line 1] TOREI - (a) oxen (for plowing); (b) according to the Girsa *TAVAREI* - ox-drivers, men who plow with ox teams (TOSFOS DH B'torei, citing the Girsa of RABEINU CHANANEL)

2) [line 1] NAFISH PESEIDAIHU - the is a high probability for loss: (a) for example, at the time of grape picking, the workers might drive the oxen with the plow over the grape vines, destroying the vines and ruining the oxen (RASHI); (b) because the ox-drivers might not make the effort to sink the plow the required three Tefachim into the earth, and the seeds will not be planted properly (TOSFOS)

3) [line 8] MAGOD - (O.F. cheville - a peg) pegs
4) [line 12] MIKLA KALI LA - he has destroyed it
5a) [line 13] MISHUM EINA - because of the [evil] eye
b) [line 13] MISHUM GANAVEI - because of thieves

(a) If a Jew is found murdered in a field (in Eretz Yisrael) and it is not known who the murderer is, the Torah requires that an Eglah Arufah be brought in order to atone for the blood that was spilled (Devarim 21:1). The procedure is as follows:
(b) Five elders of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court) measure the distance between the dead body and the cities around it to determine which city is closest to it.
(c) The elders of the city that is closest to the corpse must bring a female calf that has never been worked (see below, entry #12:b) to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI). They strike it on the back of its neck (Arifah) with a cleaver, severing its spinal column, gullet and windpipe.
(d) The elders of the closest city then wash their hands there and say, "Our hands have not spilled this blood, and our eyes did not see [the murder]." (Devarim 21:7) This includes a proclamation that the dead man was not sent away from the city without the proper food for his journey or the proper accompaniment. The Kohanim that are present say, "Atone for Your people Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for] innocent blood in the midst of Your people Yisrael" (ibid. 21:8). After this procedure, HaSh-m will grant atonement for the innocent blood that was spilled (RAMBAM Hilchos Rotze'ach 9:3).

7) [line 14] RIVKAH - (O.F. cople - couple, animals that are tied together) a team of threshing cattle

8) [line 14] V'DASHAH - and it threshed
9) [line 15] SHE'TINAK - that it should nurse
10) [line 17] "...ASHER LO UBAD BAH..." - "that was not worked" (Devarim 21:3) - see below, entry #12:b

11) [line 17] IY HACHI, AFILU REISHA NAMI - if so, even the first part [of the Beraisa] should likewise [rule that the calf is invalidated from being an Eglah Arufah]

(a) The Parah Adumah, an exclusively red-haired female cow is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes (see Background to Bava Kama 77:1). Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah.
(b) In the verses dealing with the Eglah Arufah, the word "Ubad," - "[work] was done with it" (Devarim 21:3) is spelled without a Vav. It therefore may be read "Avad" - "*he did* work [with it]." From this we learn that the only work that invalidates a calf from being an Eglah Arufah is work that was done ("Ubad") with the full intent of the calf's owner ("Avad"). The same applies to a Parah Adumah, based on a Gezeirah Shavah (Sotah 46a).

13) [line 28] SHE'LO YERAKVU - so that they do not decay
14) [line 29] LO AL YEDEI HA'UR - not placed upon a fire
15) [line 30] MASHCHIKAN - it will wear them out
16) [line 31] TZONEN - cold liquids
17) [line 32] MASHCHIRAN - it will tarnish them
18a) [line 32] MAGREIFOS - (O.F. vadils) shovels
b) [line 32] KARDUMOS - axes or hatchets for chopping wood

19) [line 33] MAFCHISAN - it will damage them; nick them

20a) [line 41] "V'HIS'ALAMTA" - "[You shall not see the ox of your brother or his sheep cast off,] and hide yourself [from them; you must certainly return them to your brother.]" (Devarim 22:1)

The Torah (Devarim 22:1-3) commands that a person who finds a lost object must return it to the owner. The wording in the Torah suggests that there are cases when this Mitzvah does not apply, and the Gemara here and in Berachos 19b discusses them.

21) [line 43] HAYESAH MELACHAH SHELO MERUBAH MI'SHEL CHAVEIRO - the loss that he will incur from not doing his own work in order to return the lost object will be greater than the value of the object

22) [line 45] V'HAI LO SA'ASEH V'ASEH - and this (the Mitzvah of Kohanim not becoming Teme'im) is [prohibited by] a negative commandment ("l'Nefesh Lo Yitama" - Vayikra 21:1; see Background to Kidushin 35:15) and [dictated by] a positive commandment ("Kedoshim Yiheyu" - Vayikra 21:6)

(a) When an Isur Lo Sa'aseh prohibits a certain action that prevents a person from performing a Mitzvas Aseh, the Torah states that the Aseh is able to "push aside" the Lo Sa'aseh. For example, when a person wants to wear a four-cornered linen garment, the Isur of Sha'atnez prohibits attaching woolen threads to it. However, the Mitzvah of Tzitzis requires adding threads of Techeles (that are made of wool) to this garment. The Torah commands that in this case the Mitzvas Aseh overrides the Lo Sa'aseh.
(b) The Tana'im argue as to the source of this Halachah. Some learn it from the fact that the Torah specifically wrote the Mitzvah of Tzitzis and the Isur of Sha'atnez as adjacent verses (Semuchin), an indication that the Mitzvah of Tzitzis overrides the Isur of Sha'atnez (Yevamos 4a). Others learn it from different sources (Yevamos 5a, Nazir 41a, 58a).
(c) Even though an Aseh normally overrides a Lo Sa'aseh, this is not the rule in every case. The Gemara explains that in certain instances, the Aseh does not have the power to override the Lo Sa'aseh. Some examples are:

1. A Lo Sa'aseh that is punishable by Kares is not pushed aside by an Aseh (Yevamos 3b).
2. An action that is prohibited by both a Lo Sa'aseh and an Aseh, is not pushed aside by a different Mitzvas Aseh (Chulin 141a).
3. Only in a case where the performance of the Aseh coincides with the transgression of the Lo Sa'aseh did the Torah command that the Aseh takes precedence. If performance of the Aseh is only accomplished after the transgression of the Lo Sa'aseh, the Lo Sa'aseh is not pushed aside (Shabbos 133a). (There are those who write that if a person *begins* to perform a Mitzvas Aseh while transgressing a Lo Sa'aseh, even though the Aseh is not yet completed by the time the Lo Sa'aseh is transgressed, it pushes aside the Lo Sa'aseh -- NIMUKEI YOSEF to Bava Metzi'a 33a). 4. If it is possible to perform the Aseh, in the case under discussion, *without* transgressing the Lo Sa'aseh (by performing the Aseh in a different way or at a different time), the Aseh does not push aside the Lo Sa'aseh (Yevamos 20b -- see TOSFOS YESHANIM to Shabbos 25a). (The Rishonim argue as to whether an Aseh pushes aside a Lo Sa'aseh when it is possible to perform the Aseh without transgressing the Lo Sa'aseh, through the use of a certain item that the person does not currently have the means to obtain (RASHBA Yevamos 4b).
(d) The Rishonim explored the possibility that an Aseh also does *not* push aside a Lo Sa'aseh in other cases:
1. When one person performs a Mitzvas Aseh by doing a certain action in which two people transgress the Lo Sa'aseh.
2. When the action is prohibited by two Mitzvos Lo Sa'aseh, and not only one (TOSFOS Yevamos 3b DH Lo Sa'aseh).
3. When the action is prohibited in another instance by a Lo Sa'aseh and an Aseh, even though in the case at hand there is only a Lo Sa'aseh that prevents it (TOSFOS Kidushin 34a DH Ma'akeh).
(e) The question in our Gemara is whether the Aseh of "v'Lo Siheyeh l'Ishah" (Devarim 22:29) overrides the Mitzvos Lo Sa'aseh that prohibit one from marrying specific women such as a Mamzeres or a Nesinah.

24) [last line] "EFES KI LO YIHEYEH..." - "But there shall be no poor among you; [for HaSh-m shall greatly bless you in the land which HaSh-m your G-d gives you for an inheritance to possess it.]" (Devarim 15:4)


25) [line 3] HIKISHAH, CHAYAV BAH - if he (even a person who is not obligated in the Mitzvah of Hashavas Aveidah) hit it (a lost animal) [with the intention that it return to its owner,] he is now obligated [to see to it that it gets returned to its owner]

26) [line 4] CHAZA L'HANACH IZEI D'KAIMU - he saw certain goats that were standing [lost]

27) [line 4] SHAKAL KALA V'SHADA BEHU - he took a clod of earth (O.F. mote) and threw it at them [to get them to return to their owner]

28) [line 8] HASHAVAH MA'ALYA - the proper, complete Mitzvah of Hashavas Aveidah

29) [line 11] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

  1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
  2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
  3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
30) [line 12] KOL SHEB'SHELO MACHZIR - any lost object that the finder would return if the object belonged to him (if he would not be embarrassed to walk in public with his own object, he is obligated to return a similar object)

31a) [line 13] POREK V'TO'EN - unloading and loading (PERIKAH U'TE'INAH)
Perikah is the Mitzvah of unloading and helping an animal that has fallen under its load, as commanded in Shemos 23:5. Te'inah is the Mitzvah of loading an animal after the load that it was carrying fell off, as commanded in Devarim 22:4.

b) [line 13] B'SHEL CHAVEIRO NAMI POREK V'TO'EN - he is likewise obligated to unload and load someone else's animal

32) [line 14] HAVAH KA'AZIL B'ORCHA - was walking on the road
33) [line 15] HAVAH DARI PASKA D'UFEI - he was carrying a load of wood
34) [line 16] OSVINHU V'KA MISPACH - he put it down and was resting
35) [line 17] DALI LI! - Pick it up for me (load it on me)!

36) [line 24] SHEMITAH (SHEVI'IS)
(a) The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.
(b) The Shemitah year is meant to teach the Jewish people to rely on HaSh-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.

37) [line 26] B'MILSA B'ALMA HU D'UKMEI - he stopped him with mere words (even though they were not accurate)

38) [line 28] LIFNIM MI'SHURAS HA'DIN - (lit. further inside from the line of the law) beyond what the law requires

39) [line 29] "V'HODATA LAHEM ES HA'DERECH YELCHU VAH, V'ES HA'MA'ASEH ASHER YA'ASUN" - "And you shall inform them of the path in which they shall walk, and the deeds which they shall do." (Shemos 18:20)

40) [line 30] BEIS CHAYEIHEM - (lit. the house, i.e. source, of their lives) (a) the teaching of a livelihood in order to enable them to support themselves (RASHI here; see PENEI YEHOSHUA, who explains that according to this explanation, the meaning of the verse is that Moshe Rabeinu should teach the Jewish people how to earn a living *for the sake of* being able to dedicate themselves to learning Torah); (b) the Mitzvas Aseh of learning Torah (Rashi to Bava Kama 100a)

41) [line 30] GEMILUS CHASADIM - the Mitzvah of doing acts of kindness (see RAMBAM Hilchos Avel 14:1)

42) [line 31] BIKUR CHOLIM - the Mitzvah of visiting the sick (see RAMBAM Hilchos Avel 14:1)

43) [line 32] KEVURAH - the Mitzvah Aseh of burying the dead
The Torah (Vayikra 21:1-4) commands all Jews to handle the burial of certain relatives. Those relatives are the person's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him). (See RAMBAM Hilchos Avel 14:1.)

44) [line 35] BEN GILO - someone who is born on the same day and under the same Mazal (cosmic influences)

45) [line 35] BEN GILO NOTEL ECHAD MI'SHISHIM B'CHOLYO - a Ben Gilo who comes to visit a sick person takes upon himself one sixtieth of the illness

46) [line 39] ELA DINEI D'MEGIZASA LI'DAINU?! - Should he judge Dinei d'Megizasa?! - (a) the judgments of armed bandits (RASHI here and to Bava Kama 114a, 2nd explanation); (b) according to the Girsa *D'MEGISTA* - the judgments of a village court, where the judges extract money based upon the testimony of one witness (RASHI to Bava Kama ibid., 1st explanation)

47) [line 45] MASNEH BIFNEI BEIS DIN - he states his conditions in front of Beis Din (that he is only willing to return the lost object if he gets reimbursed entirely)

48) [line 50] UL'OLAM?! - And [can he assume that the animal (or object) is not lost even if it is found in this state (e.g. a cow or a donkey grazing on the road)] forever?!

49) [line 50] AD SHELOSHAH YAMIM - up to three days [it may be assumed that the owner knowingly sent it there; afterwards, it must be treated like a lost object]

50) [line 51] TUVA - many [days]
51a) [line 51] KADMESA - early, i.e. before dawn
b) [line 51] CHASHACHTA - dark, i.e. at dusk

52) [last line] ISRAMUYEI ISRAMI LAH V'NAFKA - it just happened that the animal came out [at those times]

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