[a - 39 lines; b - 38 lines]
1)[line 4]מידי דהוה אעבד ואמהMIDI D'HAVAH A'EVED V'AMAH- [one should be exempt from paying for Keren] similar to a male or female Nochri slave
2)[line 8]יקניטנוYAKNITENU- anger him
3)[line 8]גדישוGADISHO- his mound of grain stalks (haystack)
4)[line 9]מאה מנהME'AH MANEH- one hundred Maneh (a Maneh is comprised of one hundred Zuz, and is the equivalent of 480 grams of silver)
5)[line 13]ורגל מאי; שייריה?V'REGEL MAI; SHARYEI?- and what [did the author of our Mishnah do with] Regel; did he leave it out?
6)[line 13]כשהזיק, חב המזיק...KESHE'HIZIK, CHAV HA'MAZIK...- [the seemingly extraneous words] "when it damages, its owner is responsible..." (Mishnah, 9b; see TOSFOS DH keshe'Hizik and RS+ASHI to 9b DH keshe'Hizik)
7)[line 14]וליתנייה בהדיא?V'LISNAYEI B'HEDYA?- and why not teach it clearly [in our Mishnah]?
8)[line 20]במועדין מתחילתן קמייריB'MU'ADIN MI'TECHILASAN KA'MAIRI- we are discussing [in our Mishnah only] those categories of damages that one ought to expect before they occur
9)[line 23]סיפאSEIFA- the following Mishnah (15b)
10)[line 23]שור המועד, ושור המזיק ברשות הניזק, והאדםSHOR HA'MU'AD, V'SHOR HA'AMAZIK BI'RESHUS HA'NIZEK, VEHA'ADAM- an ox that has been established as one that gores, and an ox that damages in the domain of the victim, and a person. These are listed among the "five Mu'adim" of the following Mishnah.
11)[line 26]ההוא למחשביה בהדי מועדין הוא דאתאHA'HU L'MECHSHEVEI B'HADEI MU'ADIN HU D'ASA- that is mentioned merely to include it in the list of Mu'adim
12)[line 28]כופרKOFER - redemption paid by one whose animal killed a person
(a)An animal that kills a person is put to death by stoning. The owner of the animal is not obligated in any other form of restitution, but he may not receive any benefit from his animal once the death sentence has been issued (Shemos 21:28; Sanhedrin 2a).
(b)If the animal had killed before, however, and its owner had been informed and duly warned to guard his animal after each time, then the ox is termed a Mu'ad. If a Mu'ad kills a person, then his owner is liable to Misah b'Yedei Shamayim (death delivered through natural means; see Background to Yevamos 3:27). He may, however, redeem himself by paying "Kofer" to the children or heirs of the dead man (Shemos 21:29-30). The amount paid as Kofer is either his own value or the value of the dead man, depending upon the various opinions of the Tana'im (Makos 2b). If a Mu'ad kills a Nochri slave, then the Kofer is set by the Torah at thirty Sela'im, and it is paid to the slave's owner (Shemos 21:32).
(c)The Tana'im disagree as to how many times an animal must kill before it is termed a Mu'ad. Rebbi is of the opinion that it is so after it has killed twice, whereas Raban Shimon Ben Gamliel maintains that it becomes a Mu'ad only after it has killed three times (see, for example, Yevamos 64b).
13)[line 30]ארבעה דבריםARBA'AH DEVARIM - four types (of restitution made by one who physically damages another) (CHOVEL B'CHAVEIRO)
(a)One who wounds his fellow Jew is obligated in up to five distinct payments. These are:
1.NEZEK (Damages) - He must pay for the depreciation of his victim. This is assessed by determining the difference between his value on the slave market before he was damaged and his current slave market value.
2.TZA'AR (Pain) - He must pay for the pain caused to his victim. This is assessed as the amount the victim would have been willing to pay in order to forego the pain (Bava Kama 85a). Therefore, this payment depends upon both the financial situation and threshold for pain of the victim (RAMBAM Hilchos Chovel u'Mazik 2:9).
3.RIPUY (Medical Expenses) - He must foot all medical bills until his victim is completely healed of his wounds.
4.SHEVES (Unemployment) - He must reimburse his victim for the time period during which he is unable to earn an income. Sheves is evaluated as the minimum wage - defined as that paid to one who guards a field from birds - no matter the actual earning power of the victim (Mishnah, Bava Kama 83b).
5.BOSHES (Shame) - The degree of Boshes depends upon the social status of he who caused the embarrassment and he who was embarrassed. The shame of a distinguished individual is greater than that of a less distinguished individual, and the shame caused by a less distinguished individual is greater than that caused by a distinguished individual (ibid.). (Some Rishonim maintain that the shame caused by an average individual is greater than the shame cause by either a more or less dignified individual - RASHI to Kesuvos 40a, RAN.) Due to its nature, only one who intentionally damaged another is obligated in Boshes.
(b)Not every one of these five payments applies to every case. It is possible to become obligated in only one or any other combination of these payments.
(c)One is responsible only for the Nezek caused by his animal. A person is therefore responsible for four more categories of damage when he himself causes damage - namely, Tza'ar, Ripuy, Sheves, and Boshes - than when his animal causes damage.
14)[line 32]וכי שור דרכו להזיק?V'CHI SHOR DARKO L'HAZIK?- (the Gemara interrupts and asks according to the opinion of Rav) and is it common for an ox to cause damage [by goring]? [Unless proven otherwise, he is presumed a Tam!]
15)[line 32]מועד דרכו להזיק?U'MU'AD DARKO L'HAZIK?- and is it common for [even] a Mu'ad to cause damage [by goring]? [Just because it has exhibited such behavior does not mean that it commonly attacks!]
16)[line 33]אורחיה הואORCHEI HU- it is now [Halachically considered to be] its standard behavior
17)[line 34]בישןB'YASHEN- [the Mishnah refers to a case] in which he is sleeping
18)[line 34]כיון דכייף ופשיטKEIVAN D'CHAYIF U'FASHIT- since he bends and straightens [his legs while sleeping]
19)[line 35]"ושמירתן עליך"? אדם שמירת גופו עליו הוא!"U'SHEMIRASAN ALECHA"? ADAM SHEMIRAS GUFO ALAV HU!- [how can the Mishnah list a common denominator of the categories of damages as] "and one is responsible to guard them from causing damage"? One is responsible for guarding himself!
20)[line 37]קרנאKARNA- an Amora who was a contemporary of Rav and Shmuel
21)[last line]תנאTANA- he who related the Mishnah
22)[last line]תניTENI- teach
23)[line 2]המיםHA'MAYIM- water [spilled into the public domain which then soiled another's clothing or utensils]
24)[line 3]"כִּקְדֹחַ אֵשׁ הֲמָסִים, מַיִם תִּבְעֶה אֵשׁ; [לְהוֹדִיעַ שִׁמְךָ לְצָרֶיךָ, מִפָּנֶיךָ גּוֹיִם יִרְגָּזוּ!]""KI'KDO'ACH ESH HAMASIM, MAYIM TIV'EH EISH..."- "As fire burns that which melts before it; as fire causes water to boil; [so You made Your Name known to Your adversaries - may You do so now that nations tremble before You!]" (Yeshayah 64:1). This verse refers to the miracles wrought by HaSh-m when He took us out of Mitzrayim.
25a)[line 3]מי כתיב "מים נבעו"?MI CHESIV "MAYIM NIV'U"?- is it written "water boils" [which would be indicated by the plural form of the word "Niv'u", just as "Mayim" is plural]?
b)[line 4]"תבעה אש" כתיב!"TIV'EH ESH" KESIV!- "fire causes to boil" is written [as indicated by the singular form of the word "Tiv'eh", just as "Esh" is singular]!
26)[line 7]פרושי קמפרשPERUSHEI KA'MEFARESH- [the word "Hev'er"] is an explanation [of the word "Mav'eh"]
27)[line 9]תרתיTARTEI- two [aspects (namely, those of Shen and Regel, since they are expected categories of damage)]
28)[line 10]מאי "כהרי האש"?MAI "K'HAREI HA'ESH"?- what [does the Mishnah mean when it says that Mav'eh and Shor are un]"like Esh" [if Mav'eh is another word for Esh]?
29)[line 12]שומר חנם, והשואל, נושא שכר, והשוכרSHOMER CHINAM, VEHA'SHO'EL, NOSEI SACHAR, VEHA'SOCHER (ARBA'AH SHOMRIM)
(a)There are "Arba'ah Shomrim" ("Four Custodians") - four classes of those who guard the item of another. Their level of responsibility for the object they guard varies according to what, if anything, they receive from the agreement.
(b)There are four classifications of damages that can occur to an item. These are:
1.PESHI'AH - damage incurred through negligence
2.GENEIVAH O AVEIDAH - theft or loss
3.ONES - damage incurred through an unavoidable accident
4.MESAH MACHMAS MELACHAH - death as a result of normal, expected use
(c)The four Shomrim and the degree of responsibility for which they are held accountable are:
1.SHOMER CHINAM - one who guards an item and receives no compensation. He is liable to pay for damages only in the case of Peshi'ah. He is exempt in the case of Geneivah or Aveidah, and certainly in that of Ones. A Shomer Chinam has no permission to use the item that he is guarding; if he does so, he is responsible even for Onsim.
2.SHO'EL - one who borrows an item with intent to utilize it. He is liable to pay for damages in cases of Peshi'ah, Geneivah or Aveidah, and Ones. He is exempt only in a case of Mesah Machmas Melachah, or if the damage was incurred while the owner of the item was working for the borrower ("Be'alav Imo").
3.NOSEI SACHAR or SHOMER SACHAR - one who receives compensation for guarding an item. He is liable to pay for damages in cases of Peshi'ah and Geneivah or Aveidah, but not in a case of Ones. A Shomer Sachar has no permission to use the item that he is guarding; if he does so, he is responsible even for Onsim.
4.SOCHER - one who rents an item. Rebbi Meir rules that his level of responsibility is identical to that of a Shomer Chinam. Rebbi Yehudah maintains that his level is equal to that of a Shomer Sachar.
(d)When a Shomer claims that he is exempt from paying damages since they occurred in a manner for which he is not accountable, he is not exempt until he supports his claim with an oath. A Shomer Chinam, for example, may swear that he was not negligent; a Shomer Sachar may swear that the item was Ne'enas; and a Sho'el may swear that the item was damaged in the normal manner of usage. In addition, a Shomer Chinam and a Shomer Sachar must swear that they did not use that which they were guarding (Shemos 22:6-14; Bava Metzia 93a).
30)[line 13]נזק צער וריפוי, שבת ובושתNEZEK TZA'AR V'RIPUY, SHEVES U'VOSHES- see above, entry #13
31)[line 14]תליסרTELEISAR- thirteen
32)[line 15]לשמואלLI'SHMUEL- according to Shmuel [who explains that Mav'eh refers to Shen]
33)[line 16]ליתני?LISNI?- why [does the Tana of our Mishnah] not teach [these other nine categories]?
34)[line 18]גווניGAVNEI- types
35a)[line 18]תנא אדם דאזיק אדםTANA ADAM D'AZIK ADAM- he taught [the category of] a person who damaged his fellow man [in the Beraisa with the words "Nezek Tza'ar v'Ripuy, Sheves u'Voshes"]
b)[line 19]ותנא אדם דאזיק שורV'TANA ADAM D'AZIK SHOR- and he taught [the category of] a person who damaged an ox (or any other possession) [in the Mishnah with the term "Mav'eh" (see RASHI DH Tana Adam d'Azik Shor)]
36)[line 27]וקתניUKA'TANI- and [Rebbi Oshaya] taught them [separately in the Beraisa]
37a)[line 27]תני הזיקא דבידיםTANI HEZEIKA D'VEYADAYIM- he taught [the category of] proactive damage [in the Mishnah with the term "Mav'eh"]
b)[line 27]וקתני הזיקא דממילאUKA'TANI HEZEIKA D'MEMEILA- and he taught [the category of] passive damage [in the Beraisa with the Arba'ah Shomrim, who allowed damage to occur to that which they ought to have guarded through a certain degree of negligence]
38)[line 29]תשלומי כפל ותשלומי ארבעה וחמשהTASHLUMEI CHEFEL V'TASHLUMEI ARBA'AH VA'CHAMISHAH (KENAS: KEFEL / ARBA'AH VA'CHAMISHAH)
(a)One who steals an object from his fellow Jew must return it to its owner. If he no longer has it, or if is no longer in its original state, then he must make restitution for its value at the time of the theft (Vayikra 5:23). Under certain circumstances, a thief must pay double the value of that which he stole. The first payment is the "Keren" (principle), and the second payment is called "Kefel" (double).
(b)Only a Ganav - one who makes sure that the owners of the object are not around when he steals from them - is liable to pay Kefel. A Gazlan - a robber who forcibly separates people from their possessions - never pays Kefel. The Gemara (79b) explains that the Torah treats the crime of the Ganav more seriously since he demonstrates that his fear of man is greater than his fear of G-d.
(c)One is not liable to pay Kefel for damaging the property of another. If he does not first partially acquire the object through an act of theft, his status is that of a Mazik (one who causes damage), and his responsibilities differ (see Background to Kesuvos 65:40).
(d)A thief is not liable to pay Kefel if he steals Shetaros (documents demonstrating ownership or promissory notes), nor, according to most Tana'im, if he steals land or slaves (117b).
(e)If the object stolen was a live sheep or ox, and the thief either slaughtered or sold it, the Torah places an even stiffer fine upon him. In the case of a stolen sheep that was slaughtered or sold, he must compensate the owner four times its value, whereas in the case of a stolen ox that was slaughtered or sold he must compensate the owner five times its value. Chazal (79b) explain that the Torah was more lenient with one who steals a sheep than with one who steals an ox since he has already suffered through the demeaning experience of walking while carrying a sheep on his shoulders. One who stole an ox, by contrast, presumably led the ox on foot behind him.
(f)A thief is not liable to pay Arba'ah va'Chamishah for slaughtering a sheep or ox unless he or his Shali'ach (agent) performs a Halachically valid Shechitah. Amora'im disagree as to whether a thief is liable to pay Arba'ah va'Chamishah for selling a sheep or ox before Ye'ush (the point at which the owner gives up all hope of ever recovering his stolen object; see Background to Gitin 55:27), or whether he is only liable for doing so following Ye'ush (68a).
(g)Since Kefel, Arba'ah, and Chamishah are over-compensations for a monetary loss, they have the status of a Kenas (fine) as opposed to that of Mamon (remuneration). One is never liable to pay a Kenas based upon his own admission. Should a thief admit his guilt, therefore, he is exempt from this double payment. If witnesses subsequently testify to his action in Beis Din, Amora'im disagree as to whether or not he must make these extra payments (see Bava Kama 74b-75a). A thief is under no moral obligation to pay the fine of Kefel unless it has been placed upon him by Beis Din (RASHBA to Bava Kama 74b; see also MILCHAMOS HASH-M at the end of the third Perek of Kesuvos).
39a)[line 30]גנבGANAV- a thief who steals surreptitiously
b)[line 30]גזלןGAZLAN- a robber who forcibly separates people and their possessions
40)[line 30]עדים זוממיןEDIM ZOMEMIN - Plotting Witnesses
(a)If different sets of at least two witnesses each contradict each other, their testimony is termed "Edus Mucheshes", and Beis Din takes no action based upon either claim. If, however, one set of witnesses discredit the testimony of another set by claiming that they were instead with them, elsewhere, when they claimed to have witnessed the crime, then the discredited witnesses are termed "Edim Zomemin". The Torah decrees that under such circumstances the second set of witnesses are believed. As a general rule, Edim Zomemin are punished with whatever punishment they attempted to visit upon he whom they testified against (Devarim 19:16-21; see Mishnah, Makos 5a).
41)[line 30]האונס והמפתהHA'ONES VEHA'MEFATEH
(a)If one rapes (Ones) a girl between the ages of three and twelve and a half according to the Chachamim or twelve and twelve and a half according to Rebbi Meir (Kesuvos 29a), then he must pay a fine of fifty Shekalim to her father. This is the equivalent of 200 Zuz, the amount of money promised in the case of divorce or widowhood in the standard Kesuvah (marriage document) of a virgin bride. In addition to this fine, he must pay for Pegam, Boshes, and Tza'ar (Kesuvos 39a; see above, entry #13). If she and her father are agreeable, he must marry her, and he may never divorce her (Devarim 22:28).
(b)If one seduces (Pituy) a girl between the ages of three and twelve and a half according to the Chachamim or twelve and twelve and a half according to Rebbi Meir (Kesuvos 29a), he may marry her. If he is not interested in doing so, or if she or her father are not agreeable to the marriage, then he must pay a fine of fifty Shekalim to her father. This is the equivalent of 200 Zuz, the amount of money promised in the case of divorce or widowhood in the standard Kesuvah (marriage document) of a virgin bride. In addition to this fine, he must pay for Pegam and Boshes; however, a Mefateh does not pay for Tza'ar (Kesuvos 39a; see above, entry #13). If he does marry her, then he need not pay the fifty Shekel fine. If he should divorce her, however, he must give her this amount for her Kesuvah as if she had been a virgin when he married her (Shemos 22:16).
42)[line 31]מוציא שם רעMOTZI SHEM RA - A Maiden Accused of Adultery
(a)If one accuses (Motzi Shem Ra) his ostensibly virgin wife of having committed adultery between Erusin (betrothal) and Nisu'in (marriage) and is found to be lying, he receives Malkus (lashes) (Devarim 22:18). He must also pay his wife's father a fine of one hundred silver Shekalim / Sela'im (equivalent to approximately two kg. or four lb. of silver). Furthermore, he may not subsequently divorce her against her will (ibid. 22:19).
(b)A husband may base his claim upon witnesses who testify that his wife had had relations with another during the time in question, or through a Ta'anas Damim (in which he brings proof that she lacked virginal blood; see Background to Kesuvos 2:4). An accused wife (or her father) can defend herself by either discrediting her husband's witnesses as Edim Zomemin (plotting witnesses; see above, entry #40), or by proving that she did indeed bleed from the detachment of her hymen (and her husband obscured the proof).
(c)If valid witnesses testify that she had committed adultery after she had been properly warned of the consequences of her action, Beis Din takes her to the door of her father's house (assuming that that was where she had been living at that time; RAMBAM Isurei Bi'ah 3:9) and she is stoned to death (Sekilah; Devarim 22:21). If such witnesses testify before her marriage, then she is stoned at the city gates (Devarim 22:24; see Kesuvos 45a).
(d)These rules apply only to a Na'arah - a woman during the six months following the confluence of her having reached twelve years of age and having attained physical maturity. If she is a Bogeres (a woman after the six-month period of Na'arus), a Be'ulah (a non-virgin), or if she had once been married, then she receives the death penalty of Chenek (choking) instead of Sekilah (44b, 48b). Furthermore, her husband neither receives Malkus nor is he fined.
43)[line 31]המטמאHA'METAMEI (HOW SPIRITUAL IMPURITY IS SPREAD)
(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)A source of Tum'ah is called an Av ha'Tum'ah. The exception to this is a corpse, which is referred to as the "Avi Avos ha'Tum'ah" due to the fact that it can generate more Tum'ah than any other object. When something or someone comes into contact with an object that is Tamei, it/he attains a status of Tum'ah one degree weaker than that object. Therefore, that which comes into contact with an Av ha'Tum'ah becomes a Rishon l'Tum'ah (or Vlad ha'Tum'ah). That which receives its Tum'ah from a Rishon becomes a Sheni l'Tum'ah, that which receives its Tum'ah from a Sheni becomes a Shelishi l'Tum'ah (in certain cases), etc.
(c)A metal utensil may attain the status of an Avi Avos ha'Tum'ah, an Av ha'Tum'ah, or a Rishon l'Tum'ah (see Insights to Pesachim 14b); a person and utensils made of all materials other than earthenware may attain the status of an Av ha'Tum'ah or a Rishon l'Tum'ah (although Chazal decreed that one's hands attain status of a Sheni l'Tum'ah under certain circumstances; see Background to Gitin 15:26); earthenware utensils may attain the status of a Rishon l'Tum'ah; food and liquids which are Chulin may attain the status of a Rishon l'Tum'ah or a Sheni l'Tum'ah; Terumah may attain the status of even a Shelishi l'Tum'ah; and Hekdesh may attain the status of even a Revi'i l'Tum'ah.
(d)Rebbi Chiya lists one who caused an object belonging to another to come into contact with a Tamei object as a category of damage.
44)[line 31]המדמעHA'MEDAME'A - one who mixed Terumah and Chulin (MEDUMA)
(a)The Rabanan decreed that Terumah (see Background to Gitin 52:4) accidentally mixed with Chulin (food from which Terumos and Ma'asros have been separated) in such a manner that it is impossible to differentiate between them is Batel (nullified) only when the proportion of Chulin to Terumah is at least 100:1. When Terumah is Batel in such a manner, the mixture may be eaten by a non-Kohen only after the equivalent of the amount of Terumah that was lost is removed and given to a Kohen.
(b)If the proportion of Chulin to Terumah in the mixture is less than 100:1, it is known as Meduma or Dimu'a (lit. mixed), and non-Kohanim may not eat it. (According to TOSFOS to Chulin 99a DH Ein, this law applies only when the Terumah is the same type of food as the Chulin; if the Terumah and Chulin were two distinct foods, then Terumah is Batel in a majority just as most other Isurim are.)
(c)Rebbi Chiya lists one who mixed Terumah belonging to another with less than 100 times that amount of Chulin as a category of damage.
45)[line 31]המנסךHA'MENASECH - one who poured a libation (as an act of idol-worship) (AVODAS KOCHAVIM)
(a)The second of the Aseres ha'Dibros (Ten Commandments) is the prohibition against Avodah Zarah (idol worship) (Shemos 20:3-5). The smallest action that demonstrates one's belief in the ascendancy of Avodah Zarah is included in this prohibition. Avodah Zarah (along with Giluy Arayos - forbidden marital relations - and Shefichus Damim - murder) is one of the three cardinal sins that fall into the category of "Yehareg v'Al Ya'avor"; this means that if one is faced with either transgressing the Aveirah or death, he must give up his life. Not only Jews are obligated in this Mitzvah; it is one of the seven Mitzvos Bnei Noach (Noahide Laws all humanity is obligated; see Background to Avodah Zarah 64:20).
(b)One who worships Avodah Zarah b'Mezid (intentionally) receives Kares (see Background to Yevamos 3:27). One who received Hasra'ah (a proper warning) from valid witnesses is liable to receive Sekilah (stoning). One who worships Avodah Zarah b'Shogeg (unintentionally) must offer a Korban Chatas. One who fashions a graven image of a heavenly body, person, animal, etc. as an idol, even on behalf of a Nochri, receives Malkus (lashes).
(c)Worship of any given Avodah Zarah is defined as the accepted rite through which that idol is worshipped. In addition, there are four services that are Halachically considered universal to all idol worship. These are:
1.ZIBU'ACH - animal sacrifice
2.KITUR - the burning of incense
3.NISUCH - the pouring of a wine libation
4.HISHTACHAVA'AH - prostration (Sanhedrin 60b).
(d)Rebbi Chiya lists one who poured wine of another as a libation to an idol as a category of damage (RASHI; see Gitin 52b-53a).
46a)[line 33]ממונאMAMONA- monetary reparation
b)[line 34]קנסאKENASA- a fine that over-compensates for damages or a set penalty that does not change based upon the damages (see Background to 38g)
47)[line 35]הא קתני ליה שומר חנם והשואלHA KA'TANI LEI SHOMER CHINAM VEHA'SHO'EL (HA'TO'EN TA'ANAS GANAV)
(a)If a Shomer Chinam (see above, entry #29) claims that the item he was watching was stolen from him, and it is then proven that he kept it for himself, then he himself attains the status of a Ganav (63b, Shevuos 49a). If he had sworn falsely that it had been stolen, then he must pay Kefel (double; see above, entry #38). Hence, the concept and Halachos of Ganav are included in the Halachos of Shomer.
(b)That which our Gemara mentions Sho'el along with a Shomer Chinam does not mean to imply that a Sho'el can attain the status of a Ganav. It is mentioned here simply because it went along with the quote of "Shomer Chinam" (i.e., it is Lav Davka). This is because a Sho'el cannot exempt himself by claiming that the item was stolen; he still must pay for it even if his claim were true (see above, entry #29) (RASHI DH Tana Lei).
48)[line 37]תני ממונא דאתא לידיה בהיתיראMAMONA D'ASA L'YADEI B'HETEIRA- money that he received in a permitted fashion [and then subsequently stole (i.e., a Shomer Chinam)]