BACKGROUND ON THE DAF - BAVA KAMA 37

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Previous Daf BAVA KAMA 37

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[a - 59 lines; b - 47 lines]

1) [line 2] RABAN GAMLIEL U'VEIS DINO - Raban Gamliel and his court. The court of Raban Gamliel is offered here as the quintessential example of a Beis Din since he was the Nasi (spiritual leader of the Jews in Eretz Yisrael).
2) [line 3] CHANAN BISHA - Chanan the wicked (called such due to his actions in this story)
3) [line 5] ZUZA MACHA - a battered Zuz coin that a) no longer showed the proper image (RASHI); b) no longer contained the proper amount of silver (RASHI to Shabbos 129a)
4) [line 5] BA'I - he wished
5) [line 6] LO HAVAH MISHTAKIL LEI - lit. it was not taken from him; i.e., he was unable to spend it
6) [line 8] L'MINO - for its species (i.e., oxen)
7) [line 10] KETANIM - young [of a given species]
8) [line 13] HAREI ZEH ...? - [what is the Halachah in] a case in which ...?
9) [line 16] MISHE'YACHZOR BO - when it refrains [from goring even when presented with an opportunity to do so]
10a) [line 17] "V'EINO MU'AD" TENAN - [the cases in] our Mishnah contain [the phrase] "and it is not established to gore" [which implies that we have observed that it does not gore other species / animals / fully grown animals]
b) [line 18] "EINO MU'AD" TENAN - [the cases in] our Mishnah contain [the phrase] "[then] it is not established to gore" [which implies that the Halachah is that it has not been established to gore other species / animals / fully grown animals until we have observed that it does so]
11a) [line 22] MI'KETANIM LI'KETANIM D'ALMA SETAMA LO HAVEI MU'AD - from [that which it has been established that it is a Mu'ad for] young [of its own species] we do not assume that it is a Mu'ad for young [of another species] (which is implied by the first case of our Mishnah)
b) [line 23] MI'KETANIM LI'GEDOLIM TZERICHA L'MEIMAR D'LO HAVEI MU'AD? - need we be taught that [an animal that has been established as a Mu'ad] for young [of a certain species] is not a Mu'ad for fully grown animals [of that species, which it is less likely to gore due to their size] (which is implied by the third case of our Mishnah)?
12) [line 30] PARATZ BEI - lit. it broke through; it acted in an unusual manner
13) [line 36] AFILU ME'ADAM LI'VEHEMA NAMI SETAMA LO HAVEI MU'AD - [an animal] that has been established as a Mu'ad for a person is still not presumed to be a Mu'ad for an animal [even though it is easier to damage an animal than a person, since a person has Mazal (see Background to 2:33)]
14) [line 38] MI'VEHEMA LI'VEHEMA SETAMA HAVEI MU'AD - from [that which it has been established that it is a Mu'ad for] an animal we assume that it is a Mu'ad for other animals (which is implied by the first case of our Mishnah)
15) [line 40] A'CHAZARAH KA'I - is referring to a case in which the animal is reverting to the status of a Tam
16) [line 42] HADAR BEI - it changed its mind
17) [line 42] KA'I GABEI BEHEMAH TELASA ZIMNEI - it stood [in] close [enough proximity] to [gore] an animal three times
18) [line 47] MI'CHLAL - this implies
19) [line 48] DEKA'AMRAT - [regarding] that which you said
20a) [line 52] SHIYULEI HU D'KA MESHAILEI [LEI] - they were asking him a question [as the words "v'Eino Mu'ad l'Chol" were part of the description of the case]

b) [line 52] V'HU NAMI KA'MEHADER LEHU - and he, too, was answering them
21a) [line 53] AGMUREI HU D'KA MEGAMREI LEI? - were they teaching him [in that they issued their own ruling by addressing their Rebbi with the words "Eino Mu'ad l'Chol"]?
b) [line 53] V'SU, IHU MAI KA MEHADER LEHU? - and furthermore, what did he answer them [seeing as they did not ask any questions]?
22) [line 55] PERUSHEI KA MEFARESH LAH - [the author of our Mishnah] is explaining [the ruling of the cases previously set forth in the Mishnah]
23) [line 55] PASKAH - lit. he stopped; i.e., the author of our Mishnah had already ruled on the case [by stating that it is not presumed a Mu'ad for any other case]
24) [line 56] AD HASHTA LO ASHME'INAN ...? - before this point were we not aware ...?
25) [line 57] V'IM TIMTZI LOMAR NAMI ISA LED'RAV PAPA - and if you wish to say that the ruling of Rav Papa is correct [notwithstanding that which two proofs have been brought against him] (See Insights)
26) [line 57] SHOR, LO NAGACH - [then it saw another] ox, [and] did not gore [it]
27) [line 58] L'SEIRUGIN - alternating
28) [last line] PERED - a mule
29) [last line] AROD - a wild donkey

37b----------------------------------------37b

30) [line 2] BASAR SHEVARIM SHADINAN LEI - do we (lit. throw it) group it together with the [first two times that it gored] oxen
31) [line 6] CHAMOR V'GAMAL SHOR SHOR V'SHOR, MAHU? - if it gored a donkey, a camel, and then three oxen, what is the Halachah? RASHI and TOSFOS DH Shor explain that this question assumes that the answer to the previous one is that the animal becomes a Mu'ad for Shevarim. There are two ways to understand such a ruling. One is that we always view the first three times that an animal attacks to be one unit. The other is that is reasonable to assume that the three attacks on oxen were a unit since the animal attacked the same species of animal. If the latter is true, then it could be that even if the final three attacks were on the same species, then they should be viewed as a single unit.

32) [line 20] TEIKU - An Unanswered Question
(a) The Gemara often leaves a question unanswered with the word "Teiku". The PRI MEGADIM (Igeres preceding his introduction to Orach Chaim, #9) cites three explanations for this term:
  1. [this question shall remain] sealed in its container (ARUCH, Erech Tik)
  2. let [the question] stand ("Tehei Ka'I"; MUSAF HA'ARUCH)
  3. Tishbi Yetaretz Kushyos v'Ibayos - Eliyahu ha'Navi will answer difficulties and questions (TOSFOS YOM TOV, end of Eduyos)

33) [line 21] YOM TES ZAYIN B'CHODESH ZEH - the sixteenth day of the next month
34) [line 22] PELUGTA D'RAV U'SHMUEL - [whether or not this animal has become a Mu'ad to gore in intervals of a month and a day] is dependant upon a disagreement between Rav and Shmuel

35) [line 22] RA'ASAH ... KAV'AH LAH VESES (NIDAH: KEVI'US VESES - The Establishment of a Regular Menstrual Cycle)
(a) By Torah Law, a woman is a Nidah for seven days following her period, whether she saw blood only once or for the entire seven days. At the end of seven days, after nightfall, she may immerse in a Mikvah to become Tehorah.
(b) One may not have relations nor engage in intimate contact with his wife while she is a Nidah. Doing so is punishable by Kares (Vayikra 18:19,29; see Background to Yevamos 49:2). She also has the status of an Av ha'Tum'ah (see Background to 4:43).
(c) A Veses refers to a woman's menstrual cycle. If a woman has a fixed menstrual cycle (a "Veses Kavu'a"), then she may assume that she will menstruate on the expected day. If she does not have a fixed menstrual cycle (a "Veses she'Eino Kavu'a"), then she must assume that she will menstruate at the same time that she had done so on her previous month. On the day that a woman expects to menstruate she is prohibited to her husband whether or not she actually experiences bleeding.
(d) The Gemara (Nidah 63 (see Chart there) and elsewhere) and Rishonim discuss various ways in which a women establishes a Veses Kavu'a:
  1. VESES HA'GUF - Menstruation whose onset is marked by specific bodily functions such as sneezing, aches, etc. (Mishnah Nidah 63a);
  2. VESES B'ONES - Menstruation brought on by an external factor. This type of Veses can be further categorized into two sub-categories:
    a. A Veses b'Ones that indirectly causes the onset of the Veses, such as that which follows the consumption of garlic, onions, or peppercorns (Gemara Nidah 63b; see TOSFOS DH Achlah)
    b. A Veses b'Ones that directly causes the onset of the Veses, such as that which follows jumping or another physical activities (Nidah 11a; see TOSFOS ibid.);
  3. VESES HAFLAGAH - Menstruation that occurs at intervals, such as a cycle that repeats every x number of days. A woman must observe four cycles in order to record three intervals;
  5. VESES HA'CHODESH - Menstruation that occurs on a specific calendar date, even though the intervals are uneven due to that which not every month has the same amount of days;
  6. VESES YAMIM - Menstruation that occurs on a specific day of the week, such as every third Sunday (RAMBAN to Nidah 64a citing TOSFOS).
(e) Certain Vestos Kavu'a can be established in a limited manner or through a combination of factors. Examples include:
  1. L'DILUGIN - A Veses in which the trigger increases incrementally, e.g., she menstruates after intervals of 28, 29, and 30 days;
  2. L'SEIRUGIN - A Veses in which the trigger alternates, e.g. she menstruates on every second Rosh Chodesh;
  3. L'SHA'AH KEVU'AH - A Veses in which the trigger occurs at a certain time of day, e.g., after she eats garlic at sunrise (BEIS YOSEF to YD 189, citing the RA'AVAD in BA'ALEI HA'NEFESH)
  4. TZEIRUF - A Veses that is established by a combination of two factors, e.g., menstruation that occurs after she jumps on Rosh Chodesh.
(f) There are two possible differences between a Veses Kavu'a and a Veses she'Eino Kavu'a:
  1. A woman with a Veses Kavu'a does not become Teme'ah retroactively for the twenty-four hours prior to the onset of her menstruation. According to some Tana'im, however, a woman with a Veses she'Eino Kavu'a does become Teme'ah retroactively for the twenty-four hours prior to the onset of her menstruation (Metamei me'Es l'Es).
  2. According to those who maintain that the Halachos of Vestos are mid'Oraisa in origin (Nidah 16a), a woman with a Veses Kavu'a becomes Teme'ah at the time that she expects to begin menstruating even if she did not conduct an internal examination at that time, and even if she found no blood afterward.

36) [line 25] AD SHE'TESHALESH B'DILUG - [she has not established a Veses Kavu'a] until she has had three intervals [that require four menstrual cycles] (See Insights)
37) [line 25] SHAMA KOL SHOFAR - [if an ox] heard the sound of a Shofar
38) [line 28] SIYUTA B'ALMA HU D'NAKTEI - it was merely seized by a fright [and gored due to the fact that it was startled, and therefore that first time should not count toward Mu'adus]
39a) [line 30] SHOR SHEL HEKDESH - a sanctified ox [that is either designated as a Korban or whose value is sanctified to the fund of the Beis ha'Mikdash]
    b) [line 31] SHOR SHEL HEDYOT - a privately owned ox
40) [line 31] "[V'CHI YIGOF SHOR ISH ES] SHOR RE'EHU ..." - "[And if a man's ox shall gore] his fellow's ox [and it shall die, then they shall sell the live ox and split its value, and split the dead ox as well]" (Shemos 21:35). The words "his fellow ox" imply that the damaged ox belongs to a contemporary.
41) [line 33] (KENA'ANI) [NOCHRI] - This word was changed by the censor.
42) [line 40] AMREI - [the scholars in the Beis ha'Midrash discussing this Mishnah] said
43) [line 43] KA MAISI LEI - he derives it
44) [line 45] DAYO L'BA MIN HA'DIN LIHEYOS KA'NIDON - it is enough for that which is derived from a Kal va'Chomer to be equal to the source from which it is derived
45) [line 46] HA'KOL HAYU BI'CHLAL NEZEK SHALEM - all [situations of one animal damaging that belonging to another] were included in [the obligation to pay] full damages [that is written regarding a Mu'ad] (Shemos 21:36, where the limitation of "Re'ehu" does not appear)