BAVA KAMA 11 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.
12th CYCLE DEDICATION
BAVA KAMA 11 - Dedicated by Mordechai and Shifra Gitt (RBS, Israel) in memory of their deceased family members.

[11a - 52 lines; 11b - 28 lines]

1)[line 2]עדודהADUDAH- (a) the carcass of the dead animal (RASHI); (b) according to the Girsa ARURAH - (lit. the cursed one) the animal that died without having been slaughtered and having a blessing uttered upon its Shechitah (TOSFOS, first explanation); (c) according to the Girsa ADURAH (with an Ayin) - the one that was lost [from the flock] (TOSFOS, 2nd explanation, RABEINU CHANANEL); (d) according to the Girsa ADURAH (with an Alef) - the pelt or hide [of the dead animal] (ARUCH, Erech "Adar")

2)[line 11]ואגודאA'GUDA- on the ridge [of the well]

3)[line 13]כשוראKESHURA- a beam

4a)[line 13]במתאMASA- the city

b)[line 13]בדבראDABRA- the fields

5)[line 16]ואבאABA- Rav. Rav is called Aba (a) as a title of authority, since Rav was older than Shmuel (RASHI to Yevamos 57b); (b) because that was his name (ARUCH, Erech Abaye, cited by TOSFOS to Chulin 38a DH Itztrich)

6)[line 19]נרגאNARGA- an ax

7)[line 22]דינא הכי?!DINA HACHI?!- Is that actually the Halachic ruling?

8a)[line 27]שליאSHILYA- placenta (common translation); fetal membranes in which the fetus forms, which are attached to the placenta (RASHI; TOSFOS Nidah 18a DH Shilya and numerous Rishonim)

b)[line 27]שליא שיצתה מקצתה... מונין לה מן הראשוןSHILYAH SHE'YATZESAH MIKTZASAH... MONIN LAH MIN HA'RISHON (YOLEDES: YEMEI TUM'AH V'TAHARAH)

(a)In Vayikra 12:1-8, the Torah discusses the laws of Tum'ah and Taharah after childbirth. (The same Halachos apply to a woman who miscarries after the fetus has reached a certain stage of development.) After a woman gives birth, she must wait for a certain amount of time before she can enter the Beis ha'Mikdash or eat Kodshim. That time period is divided into two stages:

1.During the initial stage, she has the status of a Nidah (even if she had not seen any blood). If she gave birth to a male, this lasts for seven days. If a female was born, this stage lasts for two weeks. At the end of this period, she may go to the Mikvah after nightfall. After she has gone to the Mikvah, she is known as a "Tevulas Yom Aroch" (a "long" Tevulas Yom - see Background to Nidah 71:23b), and she is permitted to her husband and to eat Ma'aser Sheni.

2.During the second stage, any bleeding that she experiences does not give her the status of a Nidah as it normally would. This blood is called Dam Tohar. Nevertheless, during this period, she may not eat Terumah, Kodshim or enter the Beis ha'Mikdash. This lasts for thirty-three days for a male, and sixty-six days for a female. Thus, the total waiting period for a male is forty days and for a female, eighty days.

(b)Any bleeding that the woman experiences after the conclusion of the above two terms is the start of her regular cycle (Dam Nidah).

(c)At the end of the above two stages, the woman may eat Kodshim and enter the Azarah of the Beis ha'Mikdash only after she brings a Korban Yoledes. Until then she is a Mechuseres Kaparah (see Background to Me'ilah 8:4). As such, in order to stand alongside her Korban while it is being offered, she may only enter as far as the archway of Sha'arei Nikanor (see Background to Sotah 7:8b). Her Korban includes a male sheep as an Olah and a Tor (turtledove) or a Ben Yonah (common dove) as a Chatas. If she could not afford a sheep, she brings two Torim or two Bnei Yonah, one as an Olah and one as a Chatas. (The current practice is to consider a woman a Nidah even if she sees blood during the period of Dam Tohar - see Insights to Nidah 25:2.)

9)[line 33]שליא שיצתה מקצתה אסורה באכילהSHILYA SHE'YATZESAH MIKTZASAH ASURAH B'ACHILAH- if the Shilya of a Kosher animal came out (even partially) before the Shechitah of the mother, one may not eat the fetus. (The mother's Shechitah permits eating whatever part of the fetus that is still inside the womb; whatever came out needs its own Shechitah. However, if the part of the Shilya that came out contained the head, the entire fetus is considered born and no part of it is included in the Shechitah of the mother.)

10)[line 34]סימן ולדSIMAN VELAD- [the Shilya coming out is] an indication that there was a birth [with regard to both human and animals]

11b----------------------------------------11b

11a)[line 3]בכורBECHOR (BECHOR ADAM: PIDYON HA'BEN)

(a)The Torah requires that every Yisrael sanctify the firstborn male of his children, Kosher animals, and donkeys, as it is written, "Kadesh Li Kol Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu" - "Sanctify to Me every firstborn that initiates the womb among the children of Yisrael, among both man and beast; it is Mine" (Shemos 13:2).

(b)The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or a Levi. The first male born to a mother (who is the daughter of a Yisrael) must be redeemed by his father (as stated in Shemos 13:13, "v'Chol Bechor Adam b'Vanecha Tifdeh"). The Bechor must be redeemed when he is one month old by giving five silver Shekalim of Kodesh (each of which weighs 19.2 or 17 grams; see Midos v'Shi'urei Torah, C. P. Benish, Bnei Brak, 5760, pp. 487-488) to a Kohen as stated in Bamidbar (18:16). This applies only if the son was the first issue (i.e. he was not preceded by a Nefel - stillborn) and was delivered through the womb (i.e. he was not delivered by Caesarian section). (Sefer ha'Chinuch #392)

(c)A number of reasons are given for this Mitzvah. One reason is that HaSh-m wanted to give us merit by having us perform a Mitzvah with the first produce of our efforts so that we should realize that everything is His. A person comes to this understanding when, after all his toil, he takes these first products, which are as dear to him as the apple of his eye, and gives them to HaSh-m. Another reason for this Mitzvah is to remember the great miracle that HaSh-m did for us by killing the firstborn of Egypt. (Sefer ha'Chinuch #18)

b)[line 3]בכור שנטרף בתוך ל' יוםBECHOR SHE'NITRAF B'SOCH SHELOSHIM YOM- (a) a Bechor who was killed before thirty days elapsed since his birth (RASHI); (b) a Bechor who developed the signs of being a Tereifah within thirty days of his birth (even if he lived for a long time afterwards) (TOSFOS citing Rabeinu Tam, ROSH)

12)[line 4]"... אך פדה תפדה את בכור האדם...""... ACH PADOH SIFDEH ES BECHOR HA'ADAM..."- "[Everything that opens the womb in all flesh, which they bring to HaSh-m, whether it is of men or beasts, shall be yours;] nevertheless the first born of man shall you surely redeem, [and the firstling of unclean beasts shall you redeem]." (Bamidbar 18:15)

13)[line 6]בהמה גסהBEHEMAH GASAH- a large farm animal such as a cow

14)[line 7]במשיכהMESHICHAH

(a)When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Depending on what object one is acquiring, different Kinyanim are used, as follows.

(b)The forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) are:

1.Hagbahah, i.e. lifting the item;

2.Meshichah, i.e. pulling the item or causing it to move;

3.Mesirah, i.e. handing over the reins of an animal the tie lines of a boat or a bill of debt (Shtar Chov);

4.Chatzer, i.e. bringing the item into one's private domain;

5.Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).

6.Agav, i.e. acquiring the movable object automatically upon the acquisition of land.

(c)The Amora'im (Bava Metzia 47b) argue as to whether Kinyan Meshichah is recognized by the Torah, or whether it is a Rabbinic institution which was established in order to replace the Kinyan of Kesef (which is recognized by the Torah but which was invalidated by the Rabanan). According to those who maintain that Kinyan Meshichah is mid'Oraisa, its source in the Torah is from the verse "Kanoh mi'Yad Amisecha" (Vayikra 25:14), which implies that one may transfer property by handing it over to the buyer (Bava Metzia ibid.).

(d)Meshichah can only accomplish a Kinyan in a private or semi-private area (such as an alleyway), but not in Reshus ha'Rabim. It may be accomplished not only by pulling the object towards oneself, but even by causing it to come towards oneself, such as by calling an animal and causing it to come closer.

15)[line 7]במסירהMESIRAH- handing over the reins of an animal in order to acquire it (see previous entry)

16)[line 9]בהגבההHAGBAHAH- lifting up an object in order to acquire it (see above, entry #14)

17)[line 13]בגדול אחיGEDOL ACHEI- the oldest brother, who was managing the estate. The brothers were happy to provide him with nice clothes in order that he is respected in the marketplace.

18)[line 15]שומרSHOMER - one of the four types of watchmen mentioned in the Torah (ARBA'AH SHOMRIM)

(a)SHOMER CHINAM - the Shomer Chinam is one who watches his friend's item for no reimbursement. He is liable for damages only in cases of Peshi'ah (negligence), but not in cases of theft or loss, and certainly not in a case of Ones (an unavoidable accident).

(b)SHO'EL - the Sho'el, the borrower, is one who borrows an item from his friend and is obligated to take care of it. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, and Ones (an unavoidable accident). (He is exempt from damages only in a case of "Meisah Machmas Melachah," when the item was damaged in the normal manner of usage.)

(c)NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to watch an article. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident).

(d)SOCHER - the Socher, or renter, is one who pays money to rent an item from his friend. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident) (RASHI to Bava Kama 4b). (There is actually a Machlokes in Bava Metzia whether the Socher has the status of the Nosei Sachar or the status of a Shomer Chinam).

19)[line 20]את מהימנת לי בשבועהAT MEHEIMNAS LI BI'SHEVU'AH- I trust you with an oath. This claim prevents a Shomer from giving the item that he was guarding to another Shomer. The owner can claim that, in the eventuality that something happens to the item and the second Shomer must swear, he never put his trust in that Shomer.

20)[line 26]גובין מן העבדיםGOVIN MIN HA'AVADIM- a loan can be collected by taking possession of the slave of the debtor

21)[line 27]מיניה? אפי' מגלימא דעל כתפיה!MINEI?! AFILU MI'GELIMA D'AL KASPEI!- From him (the debtor himself)?! He must pay his loans even if he has to take the shirt off of his back!

22)[line 29]אפותיקיAPOTIKI

A person may designate one of his pieces of land or possessions (in this case, a slave) as security for a loan that he received or a debt that he owes without placing it in the possession of the creditor. This creates a Shibud, or lien, on the object, such that if the debt is not otherwise repaid, the creditor can collect his debt from the security. Such a security is called an "Apotiki." The debtor may specify (if the creditor agrees) that the creditor may collect his debt only from the Apotiki. In such a case, if it becomes impossible to collect the debt from the Apotiki, the debtor is no longer liable to the creditor.

23)[last line]הא אית ליה קלא והא לית ליה קלאHA IS LEI KOLA V'HA LEIS LEI KOLA- (lit. this has a voice while that has no voice) the information about the sale of the slave will become well known whereas the information about the sale of the ox will not become well known

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