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Bava Metzia 116

BAVA METZIA 116-117 - anonymously dedicated by an Ohev Torah and Marbitz Torah in Ramat Beit Shemesh, Israel.

1) [line 3] B'SHA'AH SHE'YESHNO B'KUM ECHOL TZELI - at the time that the Mitzvas Aseh of eating [the Korban Pesach] roasted applies

2) [line 6] ZOG SHEL SAPARIM - (a) a barber's scissors (comprised of two detachable blades) (RASHI); (b) according to the Girsa ZOG SHEL *MISPARAYIM* - a pair of scissors (used for cutting vegetables), or a pair of blades (used for shaving the hair on an animal's neck near the area of Shechitah) (TOSFOS 113a DH v'Es ha'Machareishah)

3) [line 7] TZEMED SHEL PAROS - (a) the yoke of cows (the yoke harnesses two cows together) (RASHI); (b) [TZEMED PAROS] a pair of cows used to stamp grain (TOSFOS 113a DH v'Es ha'Machareishah)

4) [line 16] SAKINA D'ASHKAVTA - a butcher's knife (which he uses to divide the parts of the animal)

5) [line 21] HANAHU IZEI D'ACHLEI CHUSHLA BI'NEHARDE'A - those certain goats that ate [someone else's] peeled barley in Neharde'a

6) [line 23] KA TA'IN TUVA - he was claiming a lot [of compensation for his barley]

7) [line 24] LAV MIDI D'AVDA L'OSHOLEI UL'OGOREI HU - it is not something that a person lends or rents out to others

8) [line 30] ZUGA D'SARBELA - scissors used for cutting wool
9) [line 30] SAFRA D'AGADTA - books of Agadah (Midrashim)
10a) [line 32] KEIVAN (D'MI PAGMA) [D'MIPAGMA] - since they are easily damaged
b) [line 32] KAPDEI INSHEI V'LO MOSHLEI - people are strict and do not lend them out



11a) [line 1] BAYIS - the lower story of a house
b) [line 1] ALIYAH - the second story of a house
12) [line 5] IKA L'MEIKAM ALAIHU - it is possible to discern [how the bricks fell]
13a) [line 6] B'CHABASA NAFIL - they fell through pressure (and thus the bricks of the lower story were crushed more)
b) [line 6] B'CHABATA NAFIL - they fell through beating (the bricks of the upper story fell first and were crushed on impact)

14a) [line 8] ALIYASA ISBUR - the upper story was crushed
b) [line 9] TATAYASA ISBUR - the lower story was crushed
15) [line 10] TZAFRA - the morning
16) [line 10] PANINHU - they were moved away
17) [line 12] BI'RESHUS D'MAN YASVAN - in whose domain they (the bricks) are resting

18) [line 17] HALAH - the other person

19) [line 20] MANEH LI B'YADCHA V'HALAH OMER EINI YODE'A - one person claims, "You have in your possession a Maneh that belongs to me," and the other person says, "I do not know." (BARI V'SHEMA, BARI ADIF)
This case is called "Bari v'Shema," where one litigant has a claim of certainty ("Bari") and claims "I am certain [that the case occurred as follows]," and his opponent counters with an uncertain claim ("Shema"), a plea of "Perhaps [the case occurred in a different fashion]." Whether or not the person with the claim of certainty prevails is the subject of a Machlokes Amora'im.

20) [line 22] KEGON SHE'YESH ESEK SHEVU'AH BEINEIHEN - the case is one in which there is another disputed item involved in the claims which requires the defendant to swear [because of "Modeh b'Miktzas"] (SHEVU'AH: MODEH B'MIKTZAS HA'TA'ANAH)
If a person admits that he owes part of a claim, we suspect that the claim is true and that the debtor wants to temporarily postpone part of the payment but does not have the audacity to completely deny the claim. He is therefore required to take an oath, mid'Oraisa, that he does not owe the part he denies (Shemos 22:8). If he refuses to take the oath, he must pay the entire amount being claimed. (Similarly, in the case of our Gemara, when one litigant claims that certain bricks belong to him, the other litigant claims that he knows for certain that some of those bricks do *not* belong to his neighbor, and that he does not know about the rest of the bricks.)

21) [line 28] LEFI CHESHBON SHEVUROS - according to the calculation of broken [bricks]

22) [line 29] REI'A TEFEI - it is more of a disadvantage
23a) [line 33] MALBENA REVACHA - a brick that is wider [than other bricks]
b) [line 33] TINA D'MI'ABDA - mortar/cement that is more processed (and thus of a greater quality)

24) [line 34] NIFCHESAH HA'ALIYAH - the upper story was damaged
25a) [line 37] TIKRAH - roof beam
b) [line 38] MA'AZIVAH - (O.F. estrich) a mixture of mud and sand or stone chips, etc., that covers a ceiling and serves as a floor for the upper story

26) [line 39] B'ARBA'AH - [it was damaged] with four [Tefachim] (i.e. a four-Tefach gap in the floor of the upper story)

27a) [line 41] IY D'AMAR ALIYAH ZU - if he (the owner) says, "[I am renting to you] *this* upper story"
b) [line 42] AZDA - it is gone (and the owner does not have to provide another Aliyah to the renter)

28) [line 42] LOGAR LEI ACHARISI - he must rent to him another one

29a) [line 43] KI SALKA, SALIK BAHADAH - while it is standing, you shall go up [and live] in it
b) [line 43] V'CHI NACHIS, CHUS BAHADAH - and when it becomes damaged, you shall go down with it (and live with me in the house below)

30) [line 45] SHA'ABID BAYIS LA'ALIYAH - he made the house bound/responsible to the upper story

31a) [line 46] DALIS - (O.F. treille) a hanging branch of a grapevine
b) [line 47] PARSAK - a peach tree

32) [line 47] NE'EKAR HA'PARSAK - the peach tree was uprooted

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