[88a - 27 lines; 88b - 35 lines]

1)[line 1] KEGON SHE'NATLAH LAMUD BAH- a case in which he (the seller) took it (the container from the buyer's son) in order to measure with it

2)[line 2], HIKISHAH, NISCHAYEV BAH- if he (even a person who is not obligated in the Mitzvah of Hashavas Aveidah, such as an elder) hit it (a lost animal) [with the intention that it return to its owner,] he is now obligated [to see to it that it gets returned to its owner]

3)[line 3] ANKETINHU NIGRA BARYASA- they have been taken by the impulse to wander outside (and thus the person who hit the animal and made it move is obligated to protect it and return it to its owner)

4)[line 4] ARI SHEBA'CHABURAH- the "lion" in our group of scholars (the greatest scholar)

5)[line 5]TARGIMNUHA- have explained it

6)[line 7] SHO'EL SHE'LO MI'DA'AS

(a)If a person borrows another person's item without receiving prior permission from the owner, the Amora'im argue as to whether he is given the status of a Sho'el (one of the Four Shomrim, see Background to Bava Metzia 41:20), or that of a Gazlan (a robber).

(b)There is no practical difference whether the person is considered a Sho'el or a Gazlan for most Halachic matters. In either case, it is prohibited to borrow the item in the first place (since no prior permission was received), and if the object becomes destroyed by Peshi'ah (negligence), Geneivah (theft), Aveidah (loss), or Ones (an unavoidable accident), the borrower is responsible for its damage. One practical difference is that if a "Sho'el she'Lo mi'Da'as" is not considered a Gazlan, the Sho'el may return the object to the place from which he took it and has thereby fulfilled his obligation to return the object to its owner. If he is considered a Gazlan, though, he must see to it that it is returned to the hands of the owner. In the case of our Gemara, if the storeowner is considered a Gazlan, then he must return the container to the owner, and it does not suffice to give it back to the owner's son. If he is considered a Sho'el, then it suffices to return the container to the son.

7)[line 10] V'HANI MILI HU D'KITZEI DAMEHA- and that is only when its price is established (Since the buyer knows the price of the object, when he lifts it up to examine it he has in mind to acquire it if he likes it.)

8)[line 10] HA'HU GAVRA D'AL L'VEI TABACHA- that certain person who went up into a slaughterhouse

9)[line 11] AGBAH ATMA D'VISRA- he lifted up a leg of meat

10)[line 12] , ASA PARASHA, MIRMA MINEI- a horseman came and stole it from him

11)[line 15] D'AISI KAREI- who brought gourds

12)[line 15] PUM NAHARA- the name of a place in Bavel, at the mouth of a river (Pum = mouth; Nahara = river)

13)[line 15] SHAKUL KARA KARA- they took all the gourds, one by one

14)[line 18] HA'LOKE'ACH YEREK MIN HA'SHUK- one who wants to buy produce from the market. This refers to a Chaver (one who is meticulous in his observance of Halachah) who buys from an Am ha'Aretz (an unlearned Jew who is lax in his observance of Halachah).

15)[line 18] BIRER V'HINI'ACH- he selected [the best produce as he lifted up] and then set down [each item]

16)[line 19] LO NISCHAYEV B'MA'ASER - he is not obligated to separate Ma'aser from the produce that he examined (DEMAI)

(a)Produce bought from an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance; see Berachos 47b) is referred to as Demai ("Da Mai?" - "What is this?").

(b)Yochanan Kohen Gadol decreed that Terumas Ma'aser and Ma'aser Sheni must be separated from this produce since a minority of Amei ha'Aretz cannot be trusted to have separated them before selling the produce. Terumah Gedolah, however, because of its stringency, is presumed to have been separated. Ma'aser Rishon and Ma'aser Ani are separated from the produce, but they are eaten by the owner and not given to the Levi or the Ani (in keeping with the principle "ha'Motzi me'Chaveiro Alav ha'Re'ayah").

17)[line 21] NOSEN LO DEMEI MA'ASER- he (the Chaver-buyer) gives to him (the Am ha'Aretz-seller) the value of the Ma'aser (which he separated from the produce)

18)[line 23] KEGON RAV SAFRA- like Rav Safra. The Gemara uses Rav Safra as an example of a Yarei Shamayim, a G-d-fearing person, and refers to him as one who "speaks truth in his heart" (Tehilim 15:2). This is based on an incident which occurred in which Rav Safra was reciting the Shema when a buyer came to him with a request to buy his merchandise. When the buyer offered a price, Rav Safra remained silent because he was reciting the Shema. The buyer thought that Rav Safra was silent because the offer was too low, and he raised his offer. After finishing his prayers, Rav Safra agreed to sell his merchandise to the buyer, but only for the original price that was offered, since that is what Rav Safra had agreed to in his heart.

19)[line 24]SITON- a wholesaler

20)[line 24] MEKANE'ACH MIDOSAV- he must clean his measures

21)[line 25] CHILUF HA'DEVARIM- the opposite of that view

22)[line 25]CHENVANI- a storeowner (retailer)

23)[line 26] PA'AMAYIM B'SHABBOS- twice a week

24)[line 26] MEMACHEH MISHKELOSAV- he must scrub off his weights


25)[line 1] CHAYAV L'HACHRI'A LO TEFACH- the seller is obligated to tip the scales in favor of the buyer by one Tefach (giving him extra merchandise)

26)[line 1] HAYAH SHOKEL LO AYIN B'AYIN- if he was weighing for him an exact measurement (such as in a place where the practice is not to bend down the scales an extra Tefach for the buyer)

27)[line 2] NOSEN LO GEIRUMIN- he must give to him a little more to tip the scales in the favor of the buyer

28a)[line 3]DAKAH- a small weight (such as a Kav)

b)[line 4]GASAH- a large weight (such as a Se'ah)

29a)[line 4]LIMCHOK- to smooth [the top of the produce being measured]

b)[line 5]LIGDOSH- to pile up [the top of the produce being measured]

30)[line 6]" ""EVEN SHELEIMAH VA'TZEDEK"- "A weight that is complete and righteous [you shall have]." (Devarim 25:15) - The Gemara derives from the apparently extra word "va'Tzedek" that the seller is to act with righteousness and give a little extra to the buyer.

31)[line 14] () ECHAD ME'ASARAH B'LITRA (B'LACH) L'ASARAH LITRIN- (lit. one tenth of a Litra per ten Litrin) one one hundredth

32)[line 21]"[ ] [ ; ]""[KI ES KOL HA'TO'EVOS HA']EL [ASU ANSHEI HA'ARETZ ASHER LIFNEICHEM; VA'TITMA HA'ARETZ]"- "[For all of] these [abominable acts, the people of the land who were there before you did; and the land was defiled]." (Vayikra 18:27)

33)[line 22]"[ ' ] ; [ ]""[KI SO'AVAS HASHM ELOKECHA KOL OSEH] ELEH, [KOL OSEH AVEL]"- "[For an abomination to HaSh-m is anyone who does] these [things, anyone who acts with dishonesty." (Devarim 25:16)

34)[line 23]"... ""... V'ES EILEI HA'ARETZ LAKACH"- "... and he took away the mighty of the land." (Yechezkel 17:13) - The Gemara proves from this verse that the word "Eil" means strong or hard.

35)[line 24]"""ELEH"- regarding Arayos, the Torah also says the word "Eleh" (Vayikra 18:29)

36a)[line 27] GEZEL HEDYOT- stealing from a person

b)[line 27] GEZEL GAVO'AH- stealing from Hekdesh (the sanctified property of the Beis ha'Mikdash)

37a)[line 28] ZEH HIKDIM CHET LI'ME'ILAH- [the verse regarding stealing from a person] puts "Chet" ("sin") before "Me'ilah" ("misappropriation"): " " "Nefesh Ki Secheta u'Ma'alah" (Vayikra 5:21)

b)[line 28] ZEH HIKDIM ME'ILAH L'CHET- [the verse regarding stealing from HaSh-m (using items of Hekdesh for one's personal benefit)] puts "Me'ilah" ("misappropriation") before "Chet" ("sin"): " " "Nefesh Ki Sim'ol Ma'al v'Chat'ah" (Vayikra 5:15)

38a)[line 30] HA'KADOSH BARUCH HU BERECH YISRAEL B'ESRIM V'SHTAYIM- (lit. HaSh-m blessed Yisrael with twenty-two) In Parshas Bechukosai, HaSh-m promises that if Bnei Yisrael study the Torah diligently and keep all of the Mitzvos, they will be showered with bountiful blessings. The first word of the first verse of the verses of blessing (Vayikra 26:3-13) begins with the letter "Alef" and the last word of the last verse ends with the letter "Tav" (representing the twenty-two letters of the Alef-Beis)

b)[line 31] V'KILELAN B'SHEMONEH- (lit. and [HaSh-m] cursed them with eight) After the verses of blessing, HaSh-m promises that if Bnei Yisrael do not study the Torah diligently and do not perform the Mitzvos, they will be utterly destroyed. The first word of the first verse of the verses of destruction ("curses") (ibid. 26:15-43) begins with the letter "Vav," which is eight letters away from the last letter of the last word of the last verse (the letter "Mem").