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1) [line 1] DILMA MODEH U'MIFTAR (MODEH B'KENAS PATUR) Any payment that involves over-compensation for a monetary loss is considered a "Kenas" (penalty) rather than "Mamon" (compensation). In every case of Kenas, the liable party does not have to pay the Kenas if he admits to his guilt of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to his guilt of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay the Kenas (Bava Kama 74b-75a -- he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until one is obligated to pay a Kenas in court, he is fully exempt from payment and does not even have a moral obligation to pay it on his own accord (RASHBA to Bava Kama 74b, see also RAMBAN in Milchamos Hash-m at the end of the third Perek of Kesuvos). 2) [line 5] "V'YLID BAYIS" - "But if the Kohen buys any soul with his money, he shall eat of it (Terumah), and he who is born in his house; they shall eat of his bread." (Vayikra 22:) 3) [line 6] KINYAN KESEF - a slave that the Kohen buys with money 4) [line 19] EVED TEREIFAH - a slave who will definitely die, who therefore has no value 5) [line 19] V'HA CHAZI L'MEIKAM KAMEI? - but is he (an Eved Tereifah) not fit to serve (lit. to stand before) him (a master)? 6a) [line 20] MENUVAL - ugly, unsightly b) [line 20] MUKEH SHECHIN - Menuga (BARTENURA), a leper 7) [line 28] KOFER (a) SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring. (b) CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the owner of the ox is Chayav Misah b'Yedei Shamayim. He can redeem himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho." (Shemos 21:30). The amount paid as Kofer is defined as either the owner's value, or the dead man's value, according to the various opinions of the Tana'im (Makos 2b). If the ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's owner. (c) CHATZI KOFER - Although the owner of a Shor Tam pays half of the damages that it causes, the Tana'im argue as to whether he must pay half of the Kofer if his ox kills a person. Rebbi Eliezer learns that he does not from the verse, "u'Ba'al ha'Shor Naki." (Bava Kama 41b). Rebbi Yosi ha'Gelili argues, ruling that there is a liability for Chatzi Kofer (Kesuvos 41b). 8) [line 28] YORSHIN MENA LEI? - From where will he have heirs? (If he had children while he was a Nochri, they do not inherit him. If he had children after he became a slave but before he became a Chatzi Eved, Chatzi Ben Chorin, the children belong to the masters.) 9a) [line 36] HADAR UKIM RAVAH BAR RAV HUNA AMORA ALEI - Ravah bar Rav Huna immediately appointed a Meturgeman (see next entry) to teach in his name b) [line 36] AMORA - a Meturgeman, (a) the person who repeats in a loud voice the words of the Rav, who lectures in a low voice (RASHI to Berachos 56a); (b) the person who translates into Aramaic the words of the Rav, who delivers the Shi'ur in a low voice in Hebrew (RASHI to Yoma 20b) 10) [line 37] "...VEHA'MACHSHELAH HA'ZOS TACHAS YADECHA." - "...and let this ruin be under your hand." (Yeshayah 3:6) - A person who errs when ruling in Torah matters and is humiliated, learns to take responsibility for his actions and grows in his Torah learning. 11) [line 41] V'IM LACHSHECHA ADAM LOMAR - and if a person whispers to you, saying 12) [line 42] SHIFCHAH CHARUFAH (a) According to Rebbi Akiva (Kerisus 11a), Shifchah Charufah is a woman who is half Shifchah (maidservant) and half free (e.g. she was owned by two partners and freed by one of them) who is Mekudeshes (betrothed) to a Jewish slave. Since she is half Shifchah her Kidushin is not complete, and if a man has relations with her they do not incur the death penalty. Rather, the man brings a Korban "Asham Shifchah Charufah," whether he sinned b'Mezid or b'Shogeg, and the Shifchah is punished with Malkus (Vayikra 19:20-22). (b) Other Tana'im (ibid.) define Shifchah Charufah as a full-fledged Shifchah who is married to either a Jewish slave (Rebbi Yishmael, see RASHI to Yevamos 55b) or a gentile slave (Acherim). 13) [line 43] EVED IVRI - A Jewish slave (a) There are two ways that a Jew can be bought as a slave. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. In either case he is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year, whichever comes first (Kidushin 14b, 16a). During his term as a slave, his master must support his family (Kidushin 22b). (b) If the slave was married before he was sold, the master has the right to give him a Nochri maidservant to bear children who are the slaves of the master (Shemos 21:4). (c) If at the termination of six years he expresses his desire to continue life as a slave, the master makes the slave stand near a doorpost and pierces his right ear and the door with an awl. The slave then must continue to serve his master until the Yovel year (ibid. 21:6). This Halachah only applies to male slaves who were sold by Beis Din and had families already at the time they were sold, and not to slaves who sell themselves (RAMBAM Hilchos Avadim 3:6). 14) [line 43] KALECH ETZEL REBBI YISHMAEL - (a) turn away [from the opinion of Rebbi Akiva] and go to [the opinion of] Rebbi Yishmael (Kalech is a contraction of "Kaleh" - "stop," and "Lech" - "go to" -- RASHI to Chagigah 14a DH Kalech); (b) According to the reading KELACH - go, you, to [the opinion of] Rebbi Yishmael (Kelach is a contraction of "Lecha" - "go," and "Lach" - "you" -- RASHI to Shabbos 145b DH Kelach) 15) [line 44] SHIFCHAH KENA'ANIS A Kena'ani slave or maidservant is forbidden to marry into the Jewish people until he or she is freed. The verse states, "Lo Siheyeh Kedeshah mi'Benos Yisrael," which the Targum translates as, "An Israelite woman may not be married to a slave" (Devarim 23:18; see RAMBAM Hilchos Isurei Bi'ah 12:13). 16) [line 45] MEYUCHEDES - intended for
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