BAVA KAMA 63 (23 Teves) - Dedicated in memory of Rivkah bas Reb Avraham Leib, who passed away on 15 Adar 5764, and her husband, Nachum ben Reb Shlomo Dovid (Mosenkis) Z"L, who passed away on 23 Teves 5700, by their son and daughter-in-law, Sid and Sylvia Mosenkis.

[63a - 34 lines; 63b - 36 lines]

1)[line 10]ãîèîà áâãéí àáéú äáìéòäMETAMEI BEGADIM A'BEIS HA'BELI'AH (NIVLAS OF TAHOR)

(a)Normally, items that are Tamei spread Tum'ah through touching them or carrying them ("Maga" or "Masa"). The only object that is Metamei mid'Oraisa while being eaten is Nivlas Of Tahor. Nivlas Of Tahor is a kosher bird that died or was killed without Shechitah. (This includes a bird that is unfit to be brought as a Korban upon which Melikah - see Background to Kidushin 53:7 - was performed.) It is only Metamei while in the Beis ha'Beli'ah (throat), during the process of being swallowed.

(b)A Nivlas Of Tahor is Metamei the person eating it, as well as any clothes or utensils that he is touching at the time that it is in his throat, giving them the status of "Rishon l'Tum'ah." (Once it is swallowed, the person remains Tamei, but is only Metamei food and drinks, i.e. he is a Rishon l'Tum'ah).

2)[line 14]îòùøMA'ASER (MA'ASER SHENI)

(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.

3)[line 15]"åðúú äëñó áëì àùø úàåä ðôùê áá÷ø åáöàï åáééï åáùëø åáëì àùø úùàìê ðôùê""V'NASATA HA'KESEF B'CHOL ASHER TE'AVEH NAF'SHECHA, BA'BAKAR U'VA'TZON U'VA'YAYIN U'VA'SHECHAR UV'CHOL ASHER TISH'ALCHA NAFSHECHA"- "And you may spend the money for anything that your soul desires, for cattle, for sheep, for wine or for other intoxicating beverage, or for anything for which your soul desires." (Devarim 14:26)

4)[line 19]ôøé îôøéPRI MI'PRI- an object that has been produced from something that has been produced

5)[line 32]ãáø ùàéðå îñåééíDAVAR SHE'EINO MESUYAM- an object that does not have any identifying features

6)[last line]áàáéãä äèåòï èòðú âðáHA'TOEN TA'ANAS GANAV B'AVEIDAH- see Background to Bava Kama 62:27

63b----------------------------------------63b

7)[line 1]"òì ëì àáãä àùø éàîø [ëé äåà æä òã äàì÷éí éáà ãáø ùðéäí àùø éøùéòï àì÷éí éùìí ùðéí ìøòäå]""... AL KOL AVEIDAH ASHER YOMAR [KI HU ZEH, AD HA'ELOKIM YAVO DEVAR SHENEIHEM; ASHER YARSHI'UN ELOKIM YESHALEM SHENAYIM L'RE'EIHU.]"- "... or for any kind of lost thing, about which he will say [that this is it, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double to his neighbor.]" (Shemos 22:8)

8)[line 3]àîø ìéä ''àáã!''AMAR LEI ''AVAD!'' (HA'TOEN TA'ANAS AVAD)- see Background to Bava Kama 62:27:(c)

9)[line 11]"[ëé éúï àéù àì øòäå ëñó àå ëìéí ìùîø åâðá îáéú äàéù] àí éîöà äâðá [éùìí ùðéí]""[KI YITEN ISH EL RE'EHU KESEF O CHELIM LISHMOR, V'GUNAV MI'BEIS HA'ISH,] IM YIMATZEI HA'GANAV, [YESHALEM SHENAYIM.]"- "[If a man gives to his friend money or utensils to guard, and they are stolen from the house of the person,] then if the thief is found, [he shall pay double.]" (Shemos 22:6)

10)[line 13]"àí éîöà äâðá [åð÷øá áòì äáéú àì äàì÷éí àí ìà ùìç éãå áîìàëú øòäå]""IM LO YIMATZEI HA'GANAV, [V'NIKRAV BA'AL HA'BAYIS EL HA'ELOKIM IM LO SHALACH YADO BI'MLECHES RE'EHU.]"- "If the thief is not found, [the owner of the house shall be brought to the judges [to swear] that he did not misuse (lit. send his hand upon) his friend's possession. (Shemos 22:6)

11)[line 30]ä÷éùàHEKEISHA (HEKESH)

(a)One of the methods that Chazal use for extracting the Halachah from the verses of the Torah is Hekesh, in which two subjects that are mentioned in a verse are compared. If there are a few possible Halachos that the Hekesh teaches, we learn them all ("Ein Hekesh l'Mechtzah"). We do not say that it teaches us only one or two of the Halachos (unless we have an explicit teaching that excludes a specific Halachah).

(b)Normal questions that can invalidate a Kal va'Chomer (see Background to Bava Kama 25:1) or a Gezeirah Shavah (see Background to Bava Kama 25:19) will not invalidate a Hekesh ("Ein Meshivin Al ha'Hekesh").

12)[line 33]ãéå ìáà îï äãéï ìäéåú ëðãåïDAYO LA'BA MIN HA'DIN LIHEYOS KA'NIDON- it is sufficient to give the Halachah learned from a Kal va'Chomer the exact status of the Halachah from which it was learned.