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Bava Metzia 101

BAVA METZIA 101-105 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] CHUTZ MIN HA'HOTZA'AH - minus the expense [of harvesting and pressing the olives into oil] (i.e. the net production of oil)

2) [line 2] NE'EKRU B'GUSHEIHEN - they were uprooted along with the soil around the roots

3) [line 3] L'ACHAR SHALOSH - and after three years have passed [since the trees were transplanted] (ORLAH)
(a) In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)

4a) [line 3] AVAL B'SOCH SHALOSH - but within three years [of the flood that transplanted these trees]
b) [line 3] HA'KOL SHEL BA'AL HA'ZEISIM - all [of the oil] belongs to the owner of the olive trees (since had the owner of the land planted them, he would not be able at this point in time to derive any benefit from them; only the soil around the roots of the trees permits the fruit to be eaten)

5) [line 14] IY ANA NAT'I HAVAH KETINEI, V'ZARANA TECHOSAIHU SILKA V'YARKA - If I would have planted my own trees, they would have been small enough (with thin foliage that would not cause extensive shade) to enable me to plant beets and vegetables between them (vegetables in an olive grove are not prohibited by the laws of Kil'ayim if one uses the proper spacing and is careful that the vegetable are not shaded by the olive trees -- see Background to Kidushin 39:23a:a-c)

6) [line 15] ZEISAI ANI NOTEL - I will take [back] my olive trees
7) [line 17] YISHUV ERETZ YISRAEL - the Mitzvah to settle and live in the land of Yisrael

8a) [line 19] HA'MEKABEL - one who rents a field [for half of the produce]
b) [line 19] SEDEH AVOSAV MIN HA'NOCHRI - his ancestral field, from a Nochri. The Gemara offers two opinions to explain the phrase Sedeh Avosav: (a) a field in Eretz Yisrael that at one time belonged to the person's ancestors Avraham, Yitzchak and Yakov and was bought by a Nochri; (b) a field that belonged to the person's direct ancestors that was stolen by a Nochri
c) [line 20] ME'ASER V'NOSEN LO - he tithes the entire produce of the field and then gives the Nochri his share

There is an argument among the Amora'im as to whether the produce that Nochrim grow in Eretz Yisrael is exempt from tithes. According to the opinion that rules that the produce is exempt (and the RAMBAM rules as such -- see Hilchos Avodah Zarah 10:3), selling or renting them fields in effect removes the inherent Kedushah (sanctity) of the land.

10) [line 24] CHOCHER - one who rents a field for a fixed rent of produce or money

11) [line 24] BEIN AVAD BEIN LO AVAD BA'I ISUREI U'MEITAN LEI - whether he works the land and it produces crops or whether he does not work the land and it does not produce crops, he must tithe [the produce from which he will pay the Nochri] and give him [his share afterwards]

12) [line 29] METZIK - an oppressor, especially one who steals land
13) [line 35] D'AIDI D'CHAVIVA ALEI TAFI V'AZIL MEKABEL LAH - since it is beloved to him, he will spend more than a normal Aris and take it for half of the produce after tithing

14) [line 37] KEDEI SHE'TEHEI BARAH B'YADO - so that it should be clearly his (i.e. so that he should buy out the Nochri)

15) [line 39] HA'YORED L'SOCH SEDEH CHAVEIRO V'NAT'AH SHE'LO BI'RESHUS - a person who goes down into someone else's field and plants [trees] without the permission [of the owner]

16a) [line 40] SHAMIN LO - we estimate for him [the Shevach, the amount that the field increased in value because of the work that he did, and his Hotza'os, the amount of money that he had to spend in order to cause the Shevach]
b) [line 40] V'YADO AL HA'TACHTONAH - and he has the lower hand, i.e. he gets the lesser of the two amounts

17) [line 44] LAV B'FEIRUSH ITMAR ELA MI'KELALA ITMAR - it was not said explicitly by Rav, rather it was derived through something else he said or did not say

18) [line 45] ZIL, SHUM LEI - go and estimate it for him (the amount that the field increased in value)

19) [line 46] L'SOF CHAZYEI D'GADRAH, V'KA MINTAR LAH - in the end, he saw that the owner of the field fenced it in and was guarding it

20) [line 47] YADO AL HA'ELYONAH - he (the one who did the planting) has the upper hand, i.e. he gets the greater of the two amounts of the Shevach and the Hotza'ah

21) [line 48] CHURVASO SHEL CHAVEIRO - someone's building that collapsed
22) [last line] MAI HEVI ALAH? - What is the Halachah in this case (since the Gemara has quoted many opinions)?


23) [line 3] KACHASHA D'AR'A - deterioration of the land
24) [line 6] CHAG - Sukos
25) [line 7] KERAKIM - large walled cities that have large market places
26a) [line 10] NACHTOMIM - bakers
b) [line 10] TZABA'IM - dyers

27) [line 23] V'HA ANAN SHELOSHIM YOM (KA'AMAR) [TENAN] - but we learned in the Mishnah that the owner cannot evict him without giving him thirty days' notice at the end of the summer. According to Rav Asi, it seems that even one day's notice is enough.

28) [line 25] HAI "LINKETEI B'CHUVSEI D'LISHBEKEI GELIMEI" HU - this is a case of "Hold him by his private parts so that he will give up his cloak," i.e. coercion

29a) [line 27] ZAVNEI - he (the owner) sold it
b) [line 27] ORSEI - he bequeathed it [as a Matnas Schiv Mera, i.e. *before* he died (RASHBA to Bava Metzia 35a; TOSFOS ROSH ibid., 2nd explanation)]

30) [line 28] KALELEI LI'VREI - he married off his son
31) [line 29] ARBA D'CHAMRA - a boat-load of wine
32) [line 32] AGRA SHEKULA'EI MINEI U'VEI - she took out the wages for the porters from the wine itself, i.e. she either paid them in wine or sold wine to pay them

33) [line 32] AFIKTEI V'OSVEI BI'SHEVILA - they took it out and put it in the road

34) [line 33] KA'ASHER ASAH, KEN YE'ASEH LO; GEMULO YASHIV LO B'ROSHO - as he did, so shall it be done to him; his [bad] deed shall rebound onto him (lit. onto his head)

35) [line 34] CHATZER D'LO KAIMA L'AGRA - a yard that is not normally rented out

36) [line 35] DAMYAS ALAI KI ARYA ARBA - you are to me like a lion in ambush
37) [line 37] HEKEIFAN MERUBAH - they give out much credit
38) [line 37] DELES - a door
b) [line 37] NAGAR - a bolt, a wooden pin that fits into a hole in the threshold
b) [line 38] MAN'UL - a lock
39) [line 38] MA'ASEH UMAN - something that requires the work of a craftsman
40) [line 39] ZEVEL - manure
41a) [line 39] TANUR - an [earthenware] oven
b) [line 39] KIRAYIM - an [earthenware] stove

42) [line 41] L'CHAZEK LO TIKRAH - to reinforce (or replace) the ceiling planks that became infested with termites or the like

43) [line 41] LISMOCH LO KORAH - to prop up [the rafters with] a beam (if the original beam broke)

44) [line 42] LA'ASOS LO SULAM - to make a ladder (to be able to climb up to the roof)

45) [line 42] LA'ASOS LO MA'AKEH (MA'AKEH - a guardrail)
The Torah commands that a guardrail that is at least ten Tefachim high be built around the roof of one's home (or balcony) in order to prevent calamities. The guardrail must be strong enough to support the weight of a person who is leaning on it. Additionally, from the words "v'Lo Sasim Damim b'Veisecha," it is learned that one may not allow any dangerous situation to remain in one's house. A person may not leave an uncovered pit in his courtyard, or leave a weak ladder in his house. If he owns a bad-tempered dog, he also transgresses this Lav. (SEFER HA'CHINUCH #547)

46) [line 42] MARZEV - a gutter
47) [line 42] L'HATI'ACH ES GAGO - to plaster his roof

The Mitzvah to affix a Mezuzah to the doorposts of one's home (Devarim 6:9) is the obligation of the resident. It applies at all times and is not limited to any particular time, and therefore a woman is obligated in this Mitzvah, as in all Mitzvos Aseh she'Lo ha'Zeman Geraman.

49) [line 44] MEKOM MEZUZAH - the place where the Mezuzah is affixed or the case into which the Mezuzah is placed

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