BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
[40a - 41 lines; 41b - 46 lines]
1) [line 2] DERARA D'MAMONA - a real doubt about who is entitled to the money (see Background to Bava Basra 35:4)
2) [line 4] MEIPACH SHEVU'AH - one who "reverses" the oath. The defendant refuses to swear and demands that the claimant swear if he wants to collect.
3) [line 8] MEICHAS L'NECHASEI - literally, to go down to his property. If the defendant refuses to swear, Beis Din sells his property to pay the claimant.
4) [line 15] SHE'KENEGDO CHASHUD AL HA'SHEVU'AH - see Background to 32:9.
5) [line 18] V'TAKANTA L'TAKANTA LO AVDINAN - and we do not institute an enactment (to reverse the oath when he is disqualified from swearing) for another enactment (rather, he is exempt)
6) [line 21] MESHAMTINAN LEI - we excommunicate him
7) [line 22] HAI "NAKTEI B'KOVSEI D'NISHBEKEI L'GELIMEI" HU - this is a case of "he holds him by his private parts so that he will give up his cloak," i.e. coercion (by excommunicating him until he pays his debt, this is the ultimate form of forcing him to pay and "going down to his property" to collect)
8) [line 24] AD D'MATI ZEMAN NAGDEI V'NAGDINAN LEI V'SHAVKINAN LEI - [we excommunicate him] until the time comes to give him lashes (i.e., he is given 30 days to obey the order to pay), and then we give him lashes and we leave him (and remove the ban of excommunication)
9) [line 27] LAV KOL KEMINECH - you do not have the power [to say that the debt was paid]
10) [line 30] L'FOGEM ES SHETARO - [what is the difference between this case] to the case of one who admits that the deed of debt that he is holding was partially paid back (lit. "harmed")
11) [line 35] TZURBA ME'RABANAN MISHLACH GELIMA D'INSHEI -just because he is a Torah scholar (see Background to Berachos 47:15), may he take the clothes off of people (and take others' money without swearing)?
12) [line 35] LO MIZDAKEKINAN LEI - we do not make a Torah scholar swear (and thus he may not collect)
13) [line 41] KEVAN D'TAV''EI B'EDIM K'MAN D'OZFEI B'EDIM - since he claimed money from him in front of witnesses, he is like one who lent the money to him in front of witnesses
14) [line 3] HEMNEI - they believed him
15) [line 14] TENAI HI - it is a disagreement among the Tena'im
16) [line 30] B'API - in front of me
17) [line 34] ISNISU - [the money] was lost
18) [line 38] V'SIFRA - and Sifra, or Toras Kohanim, one of the earliest commentaries on Vayikra, which was written by Rav (circa 220 C.E.) and which follows the opinion of Rebbi Yehudah (it is also called Sifra d'Vei Rav)
19) [line 38] V'SIFRI - and Sifri, one of the earliest commentaries on Bamidbar and Devarim, which follows the opinion of Rebbi Shimon
20) [line 39] V'TOSEFTA - and Tosefta, a collection of Beraisos and teachings of Tana'im
21) [line 44] HUCHZAK KAFRAN - he is presumed to be a liar (and Beis Din does not allow him to make a Shevu'ah)
22) [line 45] KOL MILSA D'LO RAMYA ALEI D'INISH LAV ADA'ATEI - any matter in which a person does not have a vested interest (i.e. that is not very important to him to remember), he does not pay attention to
23) [line 46] D'MASIKNA BACH - that I lent you
Index to Background for Maseches Shevuos