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Bava Metzia 37

BAVA METZIA 37 - dedicated in honor of the birth of Miriam Breina Katz to Gidon and Rivka Katz of Bnei Brak.

1) [line 23] MI'TOCH HA'GADOL, NOSEN DEMEI KATAN LA'SHENI - and from [(a) the broken pieces of (RASHI); (b) the sale of (RASHBA and other RISHONIM)] the big one, we give the value of the small one to the second person

2) [line 27] UKI MAMONA B'CHEZKAS MAREI - leave the money in the possession of its owner

3) [line 39] SHNEI KERICHOS - two bundles [at two different times]
4) [line 39] HAVAH LEI L'MEIDAK - he should have been careful to remember which was which

5) [line 40] KERACH ECHAD - one bundle [at one time]
6) [line 49] HASAM D'KA TAV'EI LEI - where they made a claim of him
7) [line 49] B'VA LATZEIS YEDEI SHAMAYIM - he wants to fulfill his requirement with regard to Heaven, i.e. by paying both of them, he is sure that he has fulfilled his obligations


8) [line 1] TZOVE'ACH - (lit. he screams) he denies knowing any of them
9) [line 1] SHESIKAH K'HODA'AH - keeping quiet is as if he admits to each one of them that he stole their money and he would be required to pay all five of them

10) [line 6] SAFEK HINU'ACH - an object without a Siman (identifying feature) in which there is a doubt as to whether it was intentionally placed where it is or not

11) [line 7] LO YACHZIR - (a) *he shall not return it* to the place where he found it, since now he has become obligated to see to it that it gets returned to its owner (RAMBAM, RA'AVAD Hilchos Gezeilah v'Aveidah 15:1); (b) if someone claims the object without giving a Siman, the finder *shall not return it to him* lest it is not his; rather, he holds on to it until he is certain to whom it belongs (RASHI)

12) [line 8] V'YANI'ACH - (lit. and he sets it down [until Eliyahu ha'Navi comes]) and he holds on to it until he is certain to whom it belongs

13) [line 9] LO ZU HA'DERECH MOTZI'ATU M'YDEI AVEIRAH - (lit. this is not the method that will get him out of sinning) he will not have fulfilled his obligation [until he pays the amount of the theft to every one of them]

14) [line 12] NAFAL HA'BAYIS ALAV V'AL IMO - if the house caves in on him and on his mother [and it is not known who died first]

15a) [line 13] YORSHEI HA'BEN - the heirs of the son
b) [line 13] YORSHEI HA'EM - the heirs of the mother (who are not heirs of the son, i.e. members of her father's household)

16) [line 15] HA'NECHASIM B'CHEZKASAN - those items of Nichsei Tzon Barzel stay in the possession of the heirs who have legal rights to them (which is a Machlokes Amora'aim, see Bava Basra 158b)

17a) [line 16] SHEMA V'SHEMA - (lit. perhaps and perhaps) one litigant claims, "Perhaps [the case occurred as follows]" and his opponent counters with a plea of "Perhaps [the case occurred in a different fashion]"
b) [line 17] BARI V'SHEMA - (lit. certain and perhaps) one litigant claims "I am certain [that the case occurred as follows]," and his opponent counters with a plea of "Perhaps [the case occurred in a different fashion]"

18) [line 23] BAR PELUGSEI - the Tana who argues with him
19) [line 24] HA TANI REBBI CHIYA - the Beraisa taught by Rebbi Chiya that is parallel to our Mishnah has both litigants answering that they do not know whether the Gazlan robbed them or not

20) [line 32] SHE'LO MI'DA'ATO - without his knowledge (or without him seeing -- see TOSFOS DH she'Lo) [such that he is not expected to distinguish between the two deposits)

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