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BAVA KAMA 2 (3 Teves) - Today's Dafyomi material has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman Ztz"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, a Dayan in Vilna) in honor of the Yahrzeit of the Rebbetzin. Sponsored by a number of Rav Gustman's Talmidim (Yechiel Wachtel, Harav Naftoli Weinberg, and Harav Avrohom Feldman).

[a - 23 lines; b - 39 lines]

1)[line 2] AVOS NEZIKIN- main categories of damages [for which one must pay that are mentioned in the Torah]

2)[line 2]HA'SHOR- one's ox [or any other animal] (the Gemara (2b) delineates the various types of damage that can be caused by an animal)

3)[line 2]HA'BOR- a pit [dug in public property into which a person or animal fell] (Shemos 21:33-34)

4)[line 2]HA'MAV'EH- The Gemara (3b) records an Amora'ic dispute as to the definition of Mav'eh

5)[line 2]HA'HEV'ER- a fire [that one kindled] (Shemos 22:5)

6)[line 3] LO HAREI HA'SHOR K'HAREI HA'MAV'EH- the characteristics of Shor are not similar to those of Mav'eh [such that one would be able to derive Mav'eh from Shor]

7)[line 7] HA'TZAD HA'SHAVEH- the common denominator

8)[line 8] SHEMIRASAN ALECHA- one is responsible to guard them from causing damage

9)[line 9] MEITAV HA'ARETZ - from best-quality land (ZIBURIS / BEINONIS / IDIS)

(a)When one must pay money to another, any object of value may be substituted in its place. If one wishes to transfer ownership of land in place of money, the minimum quality of the land that he may use depends upon the type of payment he is making. Damages (Nezikin) must be reimbursed only with Idis (high quality land, also termed "Meitav ha'Aretz" based on Shemos 22:4; see Background to Bava Kama 6:29). Loans (Halva'os) may be repaid with Beinonis (average quality land). Any debt owed by an orphan and the value of a Kesuvah may even be paid with Ziburis (poor quality land). The Gemara explains the reason for these differences (Mishnah, Gitin 48b, and Gemara ibid.)

10)[line 10]TOLDOS- subcategories

11)[line 12] AVOS MELACHOS ARBA'IM CHASER ACHAS - The Thirty-Nine acts of Creative labor Prohibited on Shabbos

(a)There are thirty nine acts of creative labor prohibited on Shabbos (Mishnah, Shabbos 7:2) They are:

1.ZORE'A - planting; causing plants to grow

2.CHORESH - plowing; preparing the earth for planting

3.KOTZER - harvesting; detaching a plant from the ground

4.ME'AMER - gathering; collecting natural produce into a bundle

5.DASH - threshing; separating a natural product from its natural receptacle (such as wheat from chaff)

6.ZOREH - winnowing; separating desired from undesired objects thorough use of the wind

7.BORER - selecting; separating undesirable items in a mixture from desirable ones

8.TOCHEN - grinding; breaking down a substance into smaller, usable pieces

9.MERAKED - sifting; separating mixed objects using a strainer

10.LASH - kneading; combining dry ingredients with liquid to form a dough or paste

11.OFEH - baking; changing the physical state of a substance by heating it

12.GOZEZ - shearing; detaching non-living parts of a person or animal

13.MELABEN - bleaching; freeing material from unwanted dirt, stains, dust, etc.

14.MENAPETZ - combing; untangling clumps of raw material into separate strands

15.TZOVE'A - dyeing; changing or reinforcing color

16.TOVEH - spinning; twisting a strand of fiber into thread

17.MEISACH - threading a loom; reattaching thread from the front to the back roller

18.OSEH SHTEI BATEI NIRIN - threading the harness (of the loom) with two threads; inserting two threads through the rings (one in each harness)

19.OREG - weaving two threads; pulling the thick latitudinal thread across the longitudinal threads, adding a row to the material

20.POTZE'A - a) thinning threads (RASHI); b) untwisting threads (RE'AH cited by the Ran); c) undoing a weave (RAMBAM Hilchos Shabbos 9:20); d) cutting or removing cloth from the loom rollers (RA'AVAD)

21.KOSHER - tying; making a permanent or professional knot

22.MATIR - untying; undoing a permanent or professional knot

23.TOFER - sewing two stitches; attaching two pieces of materials to one another

24.KORE'A - tearing in order to sew two stitches; ripping material for a useful purpose

25.TZAD - trapping; restricting the movement of an undomesticated living creature in order to benefit from it

26.SHOCHET - slaughtering; shortening the life of a living creature in order to benefit from it

27.MAFSHIT - skinning; separating the hide from the flesh of a dead animal

28.MOLE'ACH / ME'ABED - tanning; processing raw material physically or chemically hide

29.SIRTUT - marking hide; outlining a surface for a useful purpose

30.MEMACHEK - smoothing; rubbing an object in order to even its surface or to form a shape

31.MECHATECH - cutting to shape; altering the size or shape of an object for a useful purpose

32.KOSEV - writing two letters; creating meaningful images

33.MOCHEK - erasing in order to write two letters; preparing a surface for writing

34.BONEH - building; constructing or improving a structure

35.SOSER - demolishing; destroying a structure in order to enable new construction

36.MECHABEH - extinguishing [to produce charcoal]; snuffing out a fire or reducing its intensity

37.MAV'IR - kindling a fire; igniting or prolonging combustion

38.MAKEH B'PATISH - a) banging a hammer on an anvil to smooth it at after completing one's work (RASHI); b) delivering the final blow with a hammer; applying the finishing touches to complete an object (TOSFOS to Shabbos 102b DH Makeh b'Patish); c) striking a stone in a quarry to detach it after it has been nearly hewn (RASHI to Shabbos 102b)

39.MOTZI ME'RESHUS LI'RESHUS - transferring an object from a private domain to a public domain or vice versa

(b)Each of these main categories of Melachos contain Toldos, or subcategories. For example, cutting one's hair or nails is a Toldah of Gozez.

(c)One who transgresses an Av Melachah or a Toldos intentionally after receiving a proper warning and in front of two witnesses receives Sekilah (see below, entry #12). If he was not properly warned or if two valid witnesses did not observe his action, then he receives Kares (see Background to Gitin 55:42). If he was unaware that the act was a Melachah or that the day was Shabbos, then he must offer a Korban Chatas to atone for his sin.

12)[line 14]CHATAS (KORBAN CHATAS)

(a)Should one transgress a sin b'Shogeg (unintentionally) for which he is liable to receive the punishment of Kares (see Background to Gitin 55:42) had he done so b'Mezid (intentionally), he must offer a Korban Chatas. This Korban consists of a female goat or sheep.

(b)One who offers a Korban Chatas first leans on the animal with all his might (Semichah) in the northern part of the Azarah (inner courtyard of the Beis ha'Mikdash). He then recites Viduy, confessing his sin and asking HaSh-m for forgiveness. The animal is then immediately slaughtered. The blood of the Chatas is applied to the Keranos (cubic Amah posts on the corners of the Mizbe'ach) beginning with the southeastern corner of the Mizbe'ach and continuing to the northeastern, northwestern, and southwestern corners. The remaining blood is then spilled onto the Yesod (base) of the Mizbe'ach. The Emurim (parts of a Korban that are burned upon the Mizbe'ach; see Background to Zevachim 7:60) of the Chatas are offered on the Mizbe'ach. The rest of the Korban is eaten by Kohanim in the Azarah; they must be consumed before the day following its offering (Vayikra 4:27-31).

13)[line 16]SEKILAH (MISOS BEIS DIN: SEKILAH)

(a)One who transgresses certain sins, after receiving a proper warning and in front of two witnesses, receives the death penalty from Beis Din. The members of Beis Din fulfill a Mitzvah when they administer such punishment (Devarim 21:22). The most stringent of the four death penalties administered by Beis Din is Sekilah (stoning).

(b)One who is convicted of an Aveirah punishable by stoning is led to the Beis ha'Sekilah, a structure twice the height of an average person located outside of the settlement (Sanhedrin 42b). The convict is given wine to drink until he is inebriated, and he is then brought to the top of the Beis ha'Sekilah with his hands tied. The two witnesses whose testimony served to convict him accompany him, and one of them pushes him off of the platform at the top of the structure. Should he survive the fall, the witnesses roll a stone heavy enough to require the two of them to lift it onto him from above. If he is still remains alive following this, then all those assembled pelt him with stones until he perishes. Sins for which one deserves Sekilah include Shabbos desecration, idol worship, cursing G-d, bestiality, sodomy, and certain illicit relations (e.g., incest with one's daughter-in-law) (Sanhedrin 53a).

14)[line 18] SHTEI AVOS BA'HADEI HADADEI- two [different] Avos Melachos at the same time (i.e., after receiving only one warning)

15)[line 19] SHTEI TOLDOS- two Toldos [of two different Avos]

16)[line 22] HACH D'HAVAH BA'MISHKAN CHASHIVA- that [Melachah] which was significant in the [building of the] Mishkan (see Background to Shabbos 96:Girsa #2)

17)[last line]TUM'OS (TUM'AH: The Different Levels of Tum'ah)

(a)All objects belong to one of three categories:

1.Sources of Tum'ah

2.Objects that can become Tamei

3.Objects that cannot become Tamei

(b)All sources of Tum'ah are called 'Av ha'Tum'ah' (a father of Tum'ah), except for a corpse, which can generate more Tum'ah than any other object and is therefore referred to as the "Avi Avos ha'Tum'ah." All levels of Tum'ah below Av ha'Tum'ah are referred to as Vlad ha'Tum'ah (a 'child' of Tum'ah).

(c)When one object makes another object Tamei, the second object has a weaker Tum'ah than the first. If something becomes Tamei from an Av, it is called a Rishon l'Tum'ah. A Rishon makes a Sheni l'Tum'ah. That which receives its Tum'ah from a Sheni becomes a Shelishi l'Tum'ah (in certain cases), etc.

1.Liquids are an exception to this rule. The Chachamim decreed that liquids should always be a Rishon, even if touched by a Sheni.)

2.Another case in which the object touched can retain the same level of Tum'ah as that which touched it is Cherev Harei Hu k'Chalal (see Insights to Pesachim 14b).

(d)A Sheni l'Tum'ah cannot make Chulin Tamei. Terumah, however, can become a Shelishi l'Tum'ah. (If someone guarded his Chulin from Tum'ah as one normally guards Terumah, it is called "Chulin she'Na'asu Al Taharas Terumah," and can become a Shelishi.)

(e)Terumah that is a Shelishi l'Tum'ah cannot make other Terumah Tamei. However, it may not be eaten. For this reason, it is referred to as "Pasul" (invalid) rather than "Tamei." Kodesh (objects associated with the sacrifices) that is touched by a Shelishi l'Tum'ah can become a Revi'i. A Revi'i of Kodesh is "Pasul" and may not be eaten.

(f)Utensils, foods, and Jewish people, can become Tamei, as follows. (Other animate or inanimate objects cannot become Tamei.)

1.Utensils made from the metals listed in the Torah (Bamidbar 31:22), or from wood, leather, fibers produced from hair or plants, bone, and earthenware (Cheres), can become Tamei. All but earthenware can be either an Av ha'Tum'ah or a Rishon l'Tum'ah; earthenware can only be a Rishon l'Tum'ah (RASHI Eruvin 104b DH Lo).

2.Foods can only become a Rishon l'Tum'ah or lower.

3.Jewish people can become Avos ha'Tum'ah (by touching a corpse), an Av ha'Tum'ah, or a Rishon. Chazal decreed that a person's hands can become Sheni l'Tum'ah; see Background to Gitin 15:26. Chazal also decreed that a person can become a Sheni l'Tum'ah or Shelishi l'Tum'ah by eating foods that are Tamei (see Shabbos 13b).

(g)A person or utensil that is Tamei can become Tahor again through immersion in a Mikvah and waiting until nightfall. After immersion in a Mikvah but before nightfall, the person or utensil is known as a Tevul Yom. A Tevul Yom is deemed the equivalent of a Sheni l'Tum'ah, and can make Terumah or Kodesh into a Shelishi. It is more lenient, however, than a normal Sheni l'Tum'ah and cannot make liquids into a Rishon (see above, c:1).

18)[last line]SHERETZ (SHEMONAH SHERATZIM)

(a)There are eight Sheratzim - scampering animals - described by the Torah as sources of Tum'ah (Vayikra 11:29-38; see previous entry). A dead Sheretz or part of a dead Sheretz the size of an Adashah (lentil bean) is an Av ha'Tum'ah (Chagigah 11a). If a person or object makes either willing or unwilling contact with a Sheretz, he/it becomes Tamei; this is known as Tum'as Maga. The eight Sheratzim (Based upon Rabbi Aryeh Kaplan's "The Living Torah" and other sources) are:

1.CHOLED - a weasel [alt., a martin or an ermine (ARUCH), a rat (TARGUM, TOSFOS YOM TOV), a mole or mole-rat (ARUCH), or a field mouse (TARGUM YONASAN)]. The Gemara describes a Choled as a predatory animal which tunnels under the ground, potentially weakening the foundation of a house.

2.ACHBAR - a mouse; some sources appear to include a rat in the definition of Achbar as well

3.TZAV - a toad (RASHI Vayikra 11:29, Nidah 56a; this is also evident from the Mishnah in Taharos 5:1 which implies that it is easily confused with a frog - see Rishonim there). Alternatively, a turtle (ME'AM LOEZ, TIFERES YISRAEL to Taharos ibid.). According to the Septuagint it is a land crocodile (perhaps the monitor, see KO'ACH; this would fit with the Gemara (Chulin 127a) which associates it with the salamander and snake). Others identify it as a ferret.

4.ANAKAH - a hedgehog or porcupine; alternatively, a beaver (RADAK). [The Septuagint identifies the Anakah as a mole, shrew mouse, or field mouse.] RABEINU SA'ADYA GA'ON identifies it as a gecko, a type of lizard with a soft speckled hide which may grow to five inches in length; "Anachah" means to groan, and the gecko makes a groaning sound.

5.KO'ACH - a lizard (RADAK quoting RASHI) [chameleon, according to the Septuagint.] According to some translations the Ko'ach would appear to be the monitor lizard. This is the largest reptile living in the Holy Land, growing to be as long as four feet. Found on the coast, in the Negev, and in the Aravah, it feeds upon rodents and other reptiles (RADAK, RABEINU SA'ADYA GAON).

6.LETA'AH - a lizard; some identify this as the great gecko.

7.CHOMET - a snail or slug (RASHI) [alt., a lizard; alt. a skink, a short-legged lizard of which four varieties are found in Eretz Yisrael]

8.TINSHEMES - a mole (Rashi Chulin 63a) [alt., a large-headed lizard which burrows underground; most probably a species of gecko]

19)[last line] SHICHVAS ZERA- semen

2b----------------------------------------2b

20)[line 1] TEMEI MES- one who has come into contact with a corpse

21a)[line 6]HA'KEREN- [damage done with] the horn [in a manner that was intended to cause damage] (Shemos 21:28-32)

b)[line 6]HA'SHEN- [damage done with] the tooth (i.e., the animal ate food of another) (Shemos 22:4; see Gemara below)

c)[line 6]HA'REGEL- [damage done with] the leg [by trampling as it walks in a normal manner] (Shemos 22:4; see Gemara below)

22)[line 6]"[] [ , , ]""[V']CHI YIGACH [SHOR ES ISH O ES ISHAH VA'MES...]"- "[And] if [an ox] shall gore [a man or woman and they die, then the ox must be stoned and its flesh may not be eaten, and the owner of the ox is exonerated]" (Shemos 21:28).

23)[line 7]" , , ' ', [ ]'""VA'YA'AS LO TZIDKIYAH VEN KENA'ANAH KARNEI VARZEL, VA'YOMER, 'KOH AMAR HASH-M, B'ELEH TENAGACH ES ARAM [AD KALOSAM]' " - "And Tzidkiyah the son of Kena'anah fashioned for himself horns of iron, and he said, 'Thus says HaSh-m, "With these shall you gore Aram [until you have consumed them"']" (Melachim I 14:10) (THE DOWNFALL OF THE WICKED KING ACHAV)

(a)Achav, wicked king of the ten tribes of Yisrael, greatly desired the vineyard of his relative Navos ha'Yizre'eli. The wicked queen Izevel devised a sinister plot through which Navos was executed and Achav inherited his vineyard. HaSh-m held Achav responsible for the murder, and He notified Achav through Eliyahu ha'Navi that "where the dogs licked the blood of Navos shall the dogs lick your blood" (Melachim I 21:19). The time had arrived for Divine retribution to be meted out upon Achav for this and his many other sins (ibid. Chapter 21).

(b)Achav's advisors advocated going to war with Aram. The king's false prophets, including Tzidkiyah ben Kena'anah, predicted Achav's victory. At that point, Tzidkiyah ben Kena'anah fashioned for himself horns of iron, and he said, 'Thus says HaSh-m, "With these shall you gore Aram [until you have consumed them]". Concurrently, the true prophet Michaihu beheld a vision in which the spirit of Navos offered to entice Achav into the battle that would lead to his doom. It was this spirit who was responsible for the false prophecies of victory.

(c)Achav took the advice of his false prophets and went to war against Aram, where he alone was slain in battle. Although he was later buried, much of his blood was indeed lapped by dogs in the very place where Navos had been executed.

24)[line 9]" , , [ ...]""BECHOR SHORO HADAR LO, V'KARNEI RE'EM KARNAV, BAHEM AMIM YENAGACH [YACHDAV AFSEI ARETZ...]"- "The majesty of the ox is given to him, and the horns of the Re'em are his horns, with them nations shall gore [each other until the ends of the earth...]" (Devarim 33:17) - This is one of the blessings conferred by Moshe Rabeinu to Shevet Yosef before his death. The implication of the blessing is that Yosef should be as strong as the horns of an ox and yet as beautiful as those of a Re'em (prob. an oryx).

25)[line 11] DIVREI KABALAH- the verses of Nevi'im and Kesuvim

26)[line 13] ? V'HAI MEILAF HU? GILUY MILSA B'ALMA HU- is this a derivation? it is merely a disclosure

27)[line 14] KI PALIG RACHMANA- when the Torah differentiates

28)[line 15] BEIN TAM L'MU'AD (SHOR TAM / SHOR MU'AD: RESTITUTION)

(a)An ox that has either never gored another animal or that has done so no more than twice is termed a Tam. Should such an ox gore another animal, then its owner need only pay half of the damages, as such behavior is unusual among oxen. Furthermore, he need not pay any more than the worth of his own ox ("mi'Gufo") (Shemos 21:35).

(b)If an ox has gored the same species of animal three times or more, and its owner was informed and duly warned to guard his ox after each time, then the ox is termed a Mu'ad. Since its owner has been negligent, he must make full restitution for the damages caused by his animal, even if this amounts to more that the value of his animal ("min ha'Aliyah") (Shemos 21:36).

29a)[line 15]TELUSHAH- a detached [horn]

b)[line 16]MECHUBERES- an attached [horn]

30a)[line 18]NEGIFAH- shoving

b)[line 18]NESHICHAH- biting

c)[line 18]REVITZAH- squatting upon

d)[line 18]BE'ITAH- kicking

31)[line 20]"[] [ ; , ]""[V']CHI YIGOF [SHOR ISH ES SHOR RE'EHU VA'MES...]"- "[And] if [one's ox] shall shove [that of another and it dies; then they shall sell the live ox and split its value, and they shall split the value of the dead ox as well]" (Shemos 21:35).

32)[line 21] PASACH B'NEGIFAH V'SIYEM B'NEGICHAH- [the Torah] opened [this subject] by referring to "Negifah" (Shemos 21:35; see previous entry) and continued by referring to "Negichah" ("O Noda Ki Shor Nagach Hu..."; ibid. 21:36)

33)[line 24] IS LEI MAZALA- a) has the sense to protect himself (RASHI, first explanation); b) does not die easily (RASHI, second explanation); c) has an angel who watches out for him (RASHI to Shabbos 53b)

34)[line 26] MU'AD L'ADAM HAVI MU'AD L'VEHEMAH- [an animal that has gained the status of] a Mu'ad (see above, entry #27) [due] to [that which it has gored] a person [three times] has the status of a Mu'ad regarding an animal [as well, since it is easier to harm an animal than it is to harm a person]

35)[line 28] !NESHICHAH TOLDAH D'SHEN HI!- biting is [ostensibly] a subcategory of Shen [since it is performed with the mouth]!

36)[line 30] HEZEIKAH MATZUY- damage as a result of it is often occurs

37)[line 32]?A'HAYA?- to which [Toldos was he referring]?

38)[line 37]"[ ] [ ] [ , ]""[KI YAV'ER ISH SADEH O CHEREM] V'SHILACH [ES B'IRO] U'VI'ER [BI'SDEI ACHER, MEITAV SADEHU U'MEITAV KARMO YESHALEM]"- "[If a man shall lead his animal to another's field or vineyard] and send [in his animal (to trample it),] or it shall graze [in the field of another, he shall make restitution with the best of his field or the best of his vineyard]" (Shemos 22:4).

39)[line 38]"... ""... MESHALCHEI REGEL HA'SHOR VEHA'CHAMOR"- "... those who send the feet of the ox [to thresh the grain] and the donkey [to carry it to the house]" (Yeshayah 32:20).

40)[last line]U'VI'ER- see above, entry #37

41)[last line]"[... ] ""... KA'ASHER YEVA'ER HA'GALAL AD TUMO"- "[... and I will remove the remnant of the house of Yerav'am] as [one] removes dung until it is eliminated" (Melachim I 14:10). This verse demonstrates that "Mav'eh" refers to teeth since a) "Galal" ("dung") is related to "Meguleh" ("revealed"), hinting to teeth which are sometimes revealed and sometimes hidden (RASHI, first explanation); b) teeth "destroy" ("Bi'ur") food in the first stage of its conversion into dung (RASHI, second explanation); c) "Galal" ("dung") is related to "Gelal" ("white marble"; e.g., Ezra 6:4). This hints to teeth, which resemble white marble (RABEINU CHANANEL, cited by TOSFOS DH Ka'asher)

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