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Bava Metzia 91

BAVA METZIA 91-95 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] LO SHE'ADAM RASHAI L'HAMIR ELA SHE'IM HEMIR MUMAR - not that a person is permitted to create a Temurah, rather, that it is effectual if he did, [making the offender liable to lashes, even though he merely spoke] (TEMURAH)
(a) The Torah prohibits making a Temurah, a Chulin animal exchanged for an animal designated as a Korban in an attempt to transfer the Kedushas ha'Guf of the Korban onto a replacement Korban. The verse states, "Do not transfer or exchange it (an animal that has been designated as a Korban) [for another animal], neither a good animal for a bad one nor a bad one for a good one. If you do exchange an animal [of Kodesh] for another animal [that is not], both the original animal and the one given in exchange for it, will be Kodesh." (Vayikra 27:10). The Chinuch explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH #351, #352). (For a definition of Kedushas ha'Guf as opposed to Kedushas Damim, see Background to Bava Metzia 43:11a:c.)
(b) For example, the Mishnah (Temurah 26b) teaches that a person can make a Temurah by taking two animals, one of which was designated as a Korban, and saying "Zo Tachas Zo" - "This [animal] is instead of this [animal]" or "Zo Temuras Zo" - "This is in place of this" or "Zo Chalifas Zo" - "This is in exchange for this." The second animal, or the Temurah, is *usually* a valid Korban. If it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham).
(c) A person who intentionally makes a Temurah receives Malkos (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkos (see Chart to Temurah 17a). (For a discussion of the difference between Temurah and Chilul (redemption), see Background to Bava Metzia 57:2.)

2) [line 2] SOFEG ES HA'ARBA'IM - he receives the "forty" lashes (the verse -- Devarim 25:3 -- states 40 but the intention is 39 lashes) prescribed by the Torah for transgressing a negative commandment

3) [line 3] LAV SHE'EIN BO MA'ASEH
A Lav she'Ein Bo Ma'aseh is a negative commandment that is transgressed without performing any action. The Tana'im argue (Makos 4b et al.) as to whether or not one receives lashes for this type of Lav.

4) [line 5] HA'KOL MEMIRIN - all have the ability to make Temurah

(a) See above, entry #1.
(b) There is an argument among the Tana'im as to whether an heir who inherits a Korban has the ability to effect a Temurah or not. Rebbi Yehudah, who rules that an heir cannot effect a Temurah, learns Temurah from Semichah (see next entry). According to Rebbi Yehudah, the verses (Vayikra 3:1, 6, 12) exclude an heir to a Korban from performing Semichah on the Korban (see Temurah 2a).

(a) Semichah refers to the Mitzvah for a person to press his hands with all his might on the head of his animal sacrifice (and not a bird sacrifice) before it is slaughtered, as described in Vayikra (1:4).
(b) There is an argument among the Tana'im as to whether an heir who inherits a Korban may perform Semichah or not. Rebbi Yehudah, who rules that an heir does not, rules that the verses (Vayikra 3:1, 6, 12) exclude an heir to a Korban from performing Semichah on the Korban (see Temurah 2a).

7) [line 10] U'MESHALEM ARBA'AH KABIN L'PARAH - that is, to the owner of the cow, in a case where the owner of the cow is not the employer

(a) When one performs a single act from which he incurs two punishments, or a punishment and a monetary liability, the more severe punishment exempts the sinner from the less severe one. For example, one who stabs another to death will not have to pay for the shirt that he tore while stabbing, since he receives the death penalty.
(b) This rule is only true if the two punishments, or the punishment and the monetary liability are caused by a "single action." If one follows the other, even by one second, the sinner *is* punished with both punishments.
(c) Rebbi Meir holds that this rule only applies to a death penalty. One who is punishable with Malkos, though, is required to pay as well as to receive Malkos (Kesuvos 33b).

9) [line 13] ESNAN (ESNAN ZONAH)
(a) An Esnan, an item given to a harlot for her wage, may not be brought as a Korban (sacrifice), as stated in Devarim 23:19. For example, if a person gives a sheep to a harlot as her wage, she, or anyone else, may not designate that sheep as a Korban. Even if the harlot was the person's mother and he receives the death penalty for his action (and as such Beis Din cannot force him to pay the wage -- see previous entry), the Esnan is still prohibited.
(b) Rava points out that even if Beis Din cannot force a person to pay the wage when he receives the death penalty for his action, he still has an obligation "Latzeis Yedei Shamayim," i.e. the liability does exist in a real sense, and as such, the Esnan is prohibited. Similarly, the person who transgresses the prohibition of Lo Sachsom is liable to Malkos, and has an obligation "Latzeis Yedei Shamayim" with regard to paying the owner of the cow the value of the food that it would have eaten during the threshing.

10) [line 15] MI'SHE'AS MESHICHAH ICHAYEIV LAH BI'MEZONOSEHA - at the time that the employer performs Meshichah on the cow (either to rent or borrow it), he incurs an obligation to feed it

11a) [line 17] HANEI MILEI BA'U MINAI - these cases were asked of me
b) [line 17] D'VEI RAV PAPA BAR ABA - [by] the [students of the] Yeshiva of Rav Papa Bar Aba

12) [line 18] U'PASHTI LEHU L'ISURA - and I ruled stringently to forbid both of them

13) [line 19] D'LO K'HILCHESA - not according to the [actual] Halachah, [rather, I ruled more stringently that was required, for a specific purpose]

14) [line 19] MAHU LA'LUSH ES HA'ISAH B'CHALAV? - Is one permitted to knead dough with milk?

15) [line 22] MIPNEI HERGEL AVEIRAH - because it leads to sin (to eat it with meat)

16) [line 23] EIN TASHIN ES HA'TANUR B'ALYAH - it is forbidden to smear [the inside of] an oven with the fat of the fatty tail of a sheep

17) [line 24] AD SHE'YASIK ES HA'TANUR - until the person fires the oven, to perform "Libun," or burning out the problematic substance from the oven

18) [line 25] MAHU L'HACHNIS MIN VESHE'EINO MINO L'DIR? - Is one permitted to pen together a male and a female animal of different species? (KIL'AYIM: HARBA'AH)
See Background to Bava Metzia 90:34.

19) [line 29] K'MAKCHOL BI'SHEFOFERES - like a stick or twig (that is used as an applicator) into a hollow reed tube (that contains a substance to be applied)

20) [line 30] "[ES CHUKOSAI TISHMORU,] BEHEMTECHA LO SARBI'A [KIL'AYIM, SADCHA LO SIZRA KIL'AYIM; U'VEGED KIL'AYIM SHA'ATNEZ LO YA'ALEH ALECHA.]" - "[You shall keep my statutes.] You shall not let your cattle breed with a different species; [you shall not sow your field with mixed seed; nor shall a garment mixed of linen and woolen come upon you.]" (Vayikra 19:19)

21) [line 34] LISHNA MA'ALYA - clean" language


22) [line 11] MISHUM PERITZUSA D'AVDEI - so that the servants of Rabana Nechemyah Reish Galusa do not become lax and also pen together a Min beshe'Eino Mino (without the Mino)

23a) [line 21] AVAZIN - geese
b) [line 21] TARNEGOLIM - chickens
24) [line 24] HILCHU SHESI V'EREV - walked from one end of the wine pressing floor to the other end in one direction (Shesi) and then in a perpendicular direction (Erev)

25) [line 25] GAS - a winepress
26) [line 32] BA'HALICHASAN ME'UMAN L'UMAN - when he is walking from one row [of grapevines] to another row

27) [line 33] BA'CHAZIRASAN MIN HA'GAS - and when they return from the winepress [after pressing the grapes]

28) [line 33] BA'CHAMOR KESHE'HI FOREKES - (lit. and similarly with donkey while it is unloading) the Gemara (Daf 92a, top) explains this phrase

29) [line 40] SARCHA - when the stalk or vine branch is very long so that it is possible for the bull to be working on the same stalk or branch from which it is eating

30) [line 42] MUDLEIS - when one grapevine is [lying on top of and] being held up by another independent one

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