[31a - 50 lines; 31b - 29 lines]
1)[line 4]תוקףTOKEF- seizes
2)[line 7]קרקע נגזלתKARKA NIGZELES - land can be [Halachically considered] stolen (KARKA NIGZELES / KARKA EINAH NIGZELES)
(a)A thief generally acquires the item he steals as soon as he performs an action that Halachically serves to transfer an object into his possession (see next entry). There are Tana'im who derive from verses in the Torah that this does not apply to land, Nochri slaves, or Shetaros (documents). Even if one is forcibly removed from his house or field and another takes control, it is not considered "stolen," but is rather Halachically still in the possession of its original owner (Bava Kama 117b).
(b)Due to this, one who forces another out of his plot of land does not transgress the negative commandment of "Lo Sigzol" (Vayikra 19:13). Some Rishonim, however explain that the reason why land is not subject to "Lo Sigzol" is because it cannot be physically removed from its owner's possession, which is the defining action of Gezeilah. It always remains in the same place and cannot therefore be said to have been "stolen." According to these Rishonim, the prohibition of Lo Sigzol can sometimes apply to land, as well as slaves and legal documents (see Insights to Sukah 31a).
3)[line 11]דברי הכל אין לו אלא דמי עציםDIVREI HA'KOL EIN LO ELA DEMEI ETZIM - [the owner] is merely entitled to the value of his wood (YE'USH)
(a)A thief acquires the item he steals as soon as he performs a Ma'aseh Kinyan upon it. A Ma'aseh Kinyan is an action that serves to Halachically transfer an object into one's possession. This acquisition accomplishes two things. First, the thief is now responsible for the item. If something should happen to it - even if it was beyond his control (an Ones) - he must make recompense to the owner. Additionally, this is the first stage in what may potentially become a full ownership of the item. If the necessary conditions are met, then the thief need not return the actual stolen item to its original owner, even if it still unharmed and in his possession. Rather, he need only reimburse that individual for his loss.
(b)What is necessary for a thief to take full possession of a stolen item? If a thief effects a Shinuy - a transformation of the stolen object - then it becomes his. That a thief acquires what he stole following a Shinuy is derived from the wording of the verse that obligates him to return the object. The Torah states, "... v'Heishiv Es ha'Gezeilah Asher Gazal..." - "... and he shall return the item which he stole..." (Vayikra 5:23). Only when the object is "Asher Gazal" - "that which he stole" - is there a requirement for the thief to return it as is.
(c)This holds true for a SHINUY MA'ASEH. A Shinuy Ma'aseh is an action that physically transforms or begins to transform an object. This change can be minor, such as affixing the object in place with clay. An action is not a Shinuy Ma'aseh, however, unless it is irreversible. This is termed a Shinuy Ma'aseh that is Eino Chozer li'Veriyaso.
(d)There are other ways for a thief to fully acquire the stolen object. Some Amora'im are of the opinion that all that is necessary is that the original owner be me'Ya'esh. YE'USH is a state in which one gives up all hope, in this case of retrieving his object. At this point he verbally acknowledges his loss with an expression akin to "Vai Li l'Chisaron Kis!" - "Woe that I have lost this item!".
(e)Other opinions maintain that Ye'ush alone is not enough for the thief to acquire the stolen goods. In addition, the object must undergo a Shinuy, even if that Shinuy is less significant than a Shinuy Ma'aseh. There are two possible such Shinuyim:
1.SHINUY HA'SHEM - A Shinuy ha'Shem is a change in the classification of an item, so that it now goes by a different title or description. An example of this is a wooden board stolen and then placed atop a Sukah. It is no longer a plank; now it is Sechach.
2.SHINUY RESHUS - A Shinuy Reshus is a change in who currently holds the item. Only the original thief must return the object. If he sells it or gives it away, then that second party acquires full ownership of the object and need not give it up to the previous owner. Rather, the thief must pay for what he stole. (Bava Kama 66)
(f)In the case of one who steals sticks and uses them as Sechach, there are three possibilities as to why Rav Nachman states that he acquires them fully and need only make reparations. Either they are changed enough a Shinuy Ma'aseh has been effected; they have undergone Ye'ush plus a Shinuy ha'Shem, as they are now "Sechach;" or through Takanas Marish (see below, entry #13).
4)[line 12]ממאי?MI'MAI?- how can one know [that the disagreement between Rebbi Eliezer and the Chachamim is dependent upon whether or not land can be stolen]?
5)[line 16]ריש גלותאREISH GALUSA- the Exilarch; the hereditary position of religious leader of Babylonian Jewry
6)[line 17]בסוכה גזולה הוו יתבי!B'SUKAH GEZULAH HAVU YASVEI!- are sitting in stolen Sukah [as the servants of the Reish Galusa have stolen Sechach from me, and are therefore not able to fulfill of the Mitzvah]!
7)[line 17]צווחהTZAVCHAH- she carried on loudly
8)[line 17]לא אשגח בה רב נחמןLO ASHGACH BAH RAV NACHMAN- and Rav Nachman paid her no attention
9)[line 18]איתתאITESA- a woman (referring to herself in the third person)
10a)[line 19]אבוהאAVUHA- a) her forefather; Avraham Avinu (RASHI; see Bereishis 14:14); b) her father [who was very wealthy] (one understanding of the RASHBA, and others]
b)[line 19]תלת מאה ותמני סריTELAS ME'AH V'TAMNEI SAREI- three hundred and eighteen
11)[line 21]פעיתא היא דאPA'AISA HI DA- this is a noisy woman
12)[line 22]כשורא דמטללתאKESHURA D'METALALTA- a board used as Sechach
13)[line 24]תקנת מרישTAKANAS MARISH
(a)A thief must return that which he stole, as the Torah states "v'Heishiv Es ha'Gezeilah Asher Gazal" - "and he shall return the item which he stole" (Vayikra 5:23). If that item is no longer in the same state that it was when stolen, then the thief must make reparations (see above, entry #3).
(b)If a thief has built a beam into a building, he need not raze the structure in order to return the beam; he need only return its value. This is true although the beam remains essentially unchanged. This was decreed by the Chachamim so that a thief who wishes to repent will not be stayed by his unwillingness to lose so much over one beam. This decree as known as "Takanas Marish" ("the decree of the board"), or more generally, as "Takanas ha'Shavin" ("the decree of the those who wish to repent").
14)[line 25]שכיחיSHECHICHEI- are easily found [for purchase]
15)[line 26]בגו שבעהB'GO SHIV'AH- during the seven [days of Sukos]
16)[line 27]הדר בעיניהHADAR B'EINEI- it itself must be returned
17)[line 27]חברו בטינאCHIBRO B'TINA- he attached it [to a building] with cement
18)[line 31]לולב ואתרוגLULAV V'ESROG (ARBA MINIM)
(a)Every adult Jewish male must hold four types of branches or fruits on the first day of Sukos. These four species consist of Pri Etz Hadar (an Esrog; a citron, which is closely related to the lemon), Kapos Temarim (a Lulav; a branch from a palm tree cut prior to the opening and spreading of its leaves), Anaf Etz Avos (Hadasim; myrtle branches) and Arvei Nachal (Aravos; willow branches) (Vayikra 23:40). It is customary to hold one Esrog, one Lulav, three Hadasim, and two Aravos. The Esrog is held in the left hand, whereas the other three species are held together in the right.
19)[line 31]בעי הדרBA'I HADAR- must be beautiful ("Hadar" is the wording of the verse; see next entry)
20a)[line 37]"[וּלְקַחְתֶּם לָכֶם בַּיּוֹם הָרִאשׁוֹן פְּרִי עֵץ הָדָר] כַּפֹּת תְּמָרִים, [וַעֲנַף עֵץ עָבֹת, וְעַרְבֵי נָחַל...]""[U'LEKACHTEM LACHEM BA'YOM HA'RISHON PRI ETZ HADAR,] KAPOS TEMARIM, [VA'ANAF ETZ AVOS, V'ARVEI NACHAL...]"- "[And you shall take for yourselves on the first day (of Sukos) the fruit of a citron tree,] branches of date palms,[a twig of a braided tree, and brook willows]" (Vayikra 23:40). (See above, entry #18.)
b)[line 37]כפוּתKAFUS- bound
21)[line 39]אוגדין את הלולבOGDIM ES HA'LULAV- bind the Lulav [with the Hadasim and Aravos]
22)[line 39]במינוB'MINO- [material] of the same species (the Gemara assumes this to mean date-palm branch leaves)
23a)[line 41]סיבSIV- a tendril-like growth of the date palm, which encircles it just below its surface
b)[line 42]עיקרא דדיקלאIKARA D'DIKLA- [a thin strip] of date palm wood
24)[line 43]לולב צריך אגדLULAV TZARICH EGED (LULAV TZARICH EGED / LULAV EIN TZARICH EGED)
(a)Every adult Jewish male must hold four types of branches or fruits on the first day of Sukos. These four species consist of Pri Etz Hadar (an Esrog; a citron, a fruit closely related to the lemon), Kapos Temarim (a Lulav; a branch from a palm tree cut prior to the opening and spreading of its leaves), Anaf Etz Avos (Hadasim; myrtle branches) and Arvei Nachal (Aravos; willow branches) (Vayikra 23:40). It is customary to hold one Esrog, one Lulav, three Hadasim, and two Aravos. The Esrog is held in the left hand, whereas the other three species are held together in the right.
(b)Rebbi Yehudah maintains that the three Minim held in the left hand must be bound together in a bundle (Eged). This is termed "Lulav Tzarich Eged," since the Lulav is the most prominent of those three species. The Chachamim are of the opinion that one is able to fulfill the Mitzvah of Arba Minim whether or not he has tied these Minim together. The Chachamim agree that ideally one should bind the Hadasim and Aravos to the Lulav, as this beautifies the Mitzvah (Gemara 11b).
25)[line 48]פרישPARISH- (O.F. codoinz) a quince
26)[line 49]כמושיןKEMUSHIN- (O.F. flacedes) withered
31b----------------------------------------31b
27)[line 1]כרכיןKERAKIN- cities [far from date-palm trees]
28)[line 7]אי מייתי מינא אחרינאIY MAISI MINA ACHRINAH- and if he would bring another species [without binding it with the others]
29)[line 11]תורת אתרוגTORAS ESROG- that an Esrog must be included with the other three species
30a)[line 12]נפיק חורבא מיניהNAFIK CHURVA MINEI- it may prove to be a destructive practice
b)[line 13]דאתי למסרךD'ASI L'MISRACH- as some may make a habit [of using these other fruits even when an Esrog is available (ROSH)]
31)[line 15]הירוק ככרתיHA'YAROK K'KARTI- [an Esrog] as darkly green as a leek (O.F. porels)
32)[line 17]לא גמר פיראLO GAMAR PEIRA- the fruit has not fully ripened
33a)[line 23]אתרוג בשמאלESROG B'SEMOL- [one should hold] the Esrog in his left hand [as it is alone]
b)[line 23]ולולב בימיןV'LULAV B'YEMIN- and [one should hold] the Lulav [together with the Hadasim and Aravos] in his right hand [as the right hand is the stronger and therefore more significant of the two hands]
34a)[line 24]דמחלפי ליהDEME'CHALFEI LEI- [the species] will be handed to one's opposite [hands]
b)[line 24]ואתי לאפוכינהוV'ASI L'APUCHINHU- and he will attempt to switch them
c)[line 24]ואתי לאיפסוליV'ASI L'IFSULEI- and [he may drop the Esrog, creating a hole, in which case] it will become invalid
35)[line 25]הדר באילנו משנה לשנהHA'DAR B'ILANO MI'SHANAH L'SHANAH- [to teach that an "Esrog" is a fruit] that remains on its tree from year to year
36)[line 26]לולב של ע"זLULAV SHEL AVODAH ZARAH- a Lulav a) used as a broom to honor an idol; b) thrown as part of the service of an idol (see Insights)
37)[line 27]אשרה דמשהASHEIRAH D'MOSHE- a) an Asheirah in existence at the time that Eretz Yisrael was conquered by Klal Yisrael (RASHI); b) an Asheirah belonging to a Jew (TOSFOS); c) an Asheirah that was planted to be such (RAMBAM, cited by RABEINU AVRAHAM MIN HA'HAR)
38)[line 27]כתותי מיכתת שיעוריהKATOSEI MECHATAS SHI'UREI - its size is deemed to be crushed (SHIUR'EI MITZVOS: ISUREI HANA'AH)
(a)Many Mitzvos require one to have a specified minimum amount of the item necessary to fulfill that Mitzvah. One must eat, for example, a k'Zayis of Matzah, hold a Lulav that is at least four Tefachim long, etc.
(b)If one wishes to utilize an item for these Mitzvos that must be burned, then the concept of "Katosei Mechatas Shi'urei" - lit. the size is negligible, as if it has been chopped up - applies. Such an object cannot be used for any Mitzvos which require a minimum Shi'ur. This is because the object is Halachically considered to be already destroyed.
(b)The Rishonim disagree as to whether this concept means that the object is considered to be nonexistent or merely very small. One illustration of where this distinction is essential is in the opinion of the Rambam in Hilchos Shabbos (17:12). The Rambam rules that an Asheirah tree (which must be burned) used as the Lechi (pole) of an Eruv is valid, as the required Shi'ur of a Lechi is even a "Mashehu" - "a tiny bit."
(c)There is much discussion among the Rishonim whether Katosei Mechatas Shi'urei applies to everything that one may not deriving benefit from (even when other methods of destruction such as burying, dispersing in the wind, etc. are acceptable), or if it applies only to that which must be burned. The most compelling argument that it applies only to that which must be burned is the ruling of Rava that one has fulfilled the Mitzvah of Lulav if he used a Lulav of Avodah Zarah (which must be destroyed, but not necessarily through burning). Other commentaries explain that this is because the Halachah of Katosei Mechatas does not relate to the Avodah Zarah of a Nochri, as it may still undergo Bitul (annulment), thereby obviating the need to burn it (see Rishonim here and ROSH to Rosh Hashanah 3:9, as well as Insights).
1.Some opinions maintain that this rule applies only to that which it is a Mitzvah to burn, even if that Mitzvah is mid'Rabanan. Yet others imply that it applies only to that which it is a Mitzvah mid'Oraisa to burn. (See TOSFOS Yevamos 104a, at the top, TOSFOS Sukah 35a DH Lefi, and Rishonim there).
(d)Another issue relating to Katosei Mechatas Shi'urei is whether or not it is synonymous with the opinion of Rebbi Shimon, who rules that "Anything intended for burning is already considered burned" (Menachos 102b). Those Rishonim who link these two concepts naturally maintain that the Rabanan who argue with Rebbi Shimon do not agree with the rule of Katosei Mechatas Shi'urei (RITVA here, see also RASHI to Chulin 89b DH Shi'ura as well as other places).
39)[last line]נסדקNISDAK- [its double leaves are] split [along their common edge]
40a)[last line]כפוףKAFUF- [whose top is] bent (see Insights)