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Bava Metzia 38

1) [line 2] LO ZO AF ZO KATANI - not only this (the more obvious case) but even this (the less obvious case, which involves the loss of breaking the bigger utensil -- RASHI) is taught

2) [line 4] AFILU HEN AVUDIN - even if they are being consumed by mice and/or decay

3) [line 4] LO YIGA BAHEN - he should not touch them, i.e. sell them
4) [line 7] ROTZEH ADAM B'KAV SHELO MI'TISH'AH KABIN SHEL CHAVEIRO - a person would rather have his own Kav measure (a small amount -- see Background to Bava Kama 91:42 for a list of measurements of volume) [of anything] than someone else's nine Kav measures [of the same item]

(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.

6) [line 19] BI'CHDEI CHESRONAN - their usual amount of natural loss (as described in the Mishnah in Bava Metzia 40a)

7) [line 24] GUZMA B'ALMA - an mere overstatement, a figure of speech that need not be taken literally

8) [line 31] L'CHOHANIM BI'DEMEI TERUMAH MEZAVNINAN LEHU - it may only be sold to the Kohanim for the [inexpensive] price of Terumah

9) [line 35] L'KAMEI HU D'HAVYA YASER MI'CHEDEI CHESRONAN - it is only after a long time that their loss exceeds the usual amount of natural loss

10) [line 37] MEKAMEI D'HAVU LEHU YOSER MI'CHEDEI CHESRONAN AVID LEHU - he would make them Terumah on other produce before their loss exceeds the usual amount of natural loss

11) [line 42] L'ALTAR - right away
12) [line 46] HIRKIVU - they rotted
13) [line 47] HECHMITZ - and it turned sour; turned into vinegar
14) [line 47] HIV'ISH - spoiled; became rancid
15) [line 47] HIDVISH - (O.F. esmeler - to become sour) and it soured; it spoiled
16) [line 51] GABA'EI TZEDAKAH - collectors or treasurers of charity funds
17) [line 52] PORTIN - they exchange the copper coins for silver coins
18) [line 53] GABA'EI TAMCHUY - collectors for the charity-plate distributed daily ("Tamchuy" is a serving tray, plate or bowl), that contained food collected from contributors; soup-kitchen

19) [last line] KEIVAN D'KAM, KAM - once these have changed into vinegar, rancid oil or rancid honey, they do not spoil beyond this point


20) [line 1] GILDA'EI - harness-makers or dealers in leather; tanners
21) [line 1] KESISHA D'GAMLEI - (O.F. redoissedure) a graze or wound on the back of a camel

22) [line 4] KANKANIM - jugs, utensils in which wine is stored

23a) [line 12] KOL MAKOM SHE'SHANAH RASHBA"G B'MISHNASEINU, HALACHAH K'MOSO - every place in the Mishnayos in which Raban Shimon ben Gamliel teaches [his opinion], the Halachah follows his opinion

b) [line 14] CHUTZ ME'AREV V'TZIDON V'RA'AYAH ACHARONAH - except for the cases of Arev (a guarantor), Tzidon (the city of Sidon) and Ra'ayah Acharonah (the latter case of proof), as follows:

(a) AREV (Bava Basra 173b-174a): The Chachamim rule that a loan may be given on the condition that the creditor can collect from the debtor's guarantor (Arev Kablan) before first going to the debtor. Raban Shimon ben Gamliel rules that if the debtor has property, the creditor must collect from him, even if the loan was given under the above conditions.
(b) TZIDON (Gitin 74a): It occurred once in Tzidon that a man said to his wife, "This will be a valid Get (bill of divorce) on condition that you bring to me my robe," and then the robe was lost. According to the Rabanan, the Get is annulled and void. Raban Shimon ben Gamliel maintains that she may give the value of the robe and the Get will be effective.
(c) RA'AYAH ACHARONAH (Sanhedrin 31a): The Chachamim rule that a litigant, after being instructed in Beis Din to prove his case, who says, "I do not have any proof," may not use any proof that he may subsequently find as valid evidence. (Since he already admitted to not having proof, we suspect that the documents that he brings afterwards may be forged.) Raban Shimon ben Gamliel rules that we acknowledge the possibility that he did not know about the evidence for his case at the moment that he said he did not have proof, and he may therefore use the proof he subsequently finds as valid evidence. (The Mishnah previously quoted a ruling of Raban Shimon ben Gamliel with regard to a *different* case involving proof in which the Halachah *does* follow his opinion. Hence the latter case is known as "Ra'ayah Acharonah.")
24) [line 17] MORIDIN KAROV L'NICHSEI SHAVUY - a relative is appointed to take care of the land of someone who is being held captive

25) [line 20] KA KALYA KARNA - (lit. the Keren (principle) has been destroyed) the produce becomes totally ruined and the owner suffers a total loss

26) [line 31] DILMA MAFSID LEHU - perhaps he will ruin the property
27) [line 32] SHAIMINAN LEHU K'ARIS - [after the owner is redeemed from captivity, the relative who took care of the property] gets paid as if he were an Aris, a hired field laborer who receives a percentage (1/2, 1/3 or 1/4) of the produce of the field

28) [line 33] "V'CHARAH API, V'HARAGTI ESCHEM..." - "And my anger shall burn hot, and I will kill you [with the sword; and your wives shall be widows, and your children orphans.]" (Shemos 22:23)

29) [line 36] HAVAH UVDA B'NEHARDE'A - there was a case in Neharde'a
30a) [line 38] ME'AILIN PILA - they pass an elephant
b) [line 38] B'KUPA D'MACHATA - through the eye of a needle

31) [line 41] AFILU SHAMA SHE'MEMASHMESHIN U'VA'IN - even if he heard that they were on their way back to their property (lit. feeling their way and coming)

32a) [line 43] NICHSEI NETUSHIM - the properties of those who left their land unwillingly
b) [line 47] NICHSEI RETUSHIM - the properties of those who left their land willingly

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