[15a - 48 lines; 15b - 48 lines]
1)[line 3]יחסYACHAS- slaves have no Halachically recognized lineage
2)[line 8]"איש או אשה כי יעשו מכל חטאת האדם""ISH O ISHAH KI YA'ASU MI'KOL CHATOS HA'ADAM..."- "[Speak to the people of Yisrael,] when a man or woman shall commit any sin that people commit, [and is treacherous against HaSh-m, and that person shall become guilty]" (Bamidbar 5:6).
3)[line 11]"ואלה המשפטים אשר תשים לפניהם""V'ELEH HA'MISHPATIM ASHER TASIM LIFNEIHEM"- "And these are the judgments which you shall set before them" (Shemos 21:1).
4)[line 14]"והמית איש או אשה""V'HEMIS ISH O ISHAH"- "[But if the ox was prone to gore with its horn in the past, and its owner had been warned, but he had not watched it properly,] and it killed a man or a woman, [the ox shall be stoned, and its owner also shall pay Kofer (lit. be put to death; see below, entry #10)]" (Shemos 21:29).
5)[line 16]דחס רחמנא עלהCHAS RACHMANA ALAH- the Torah had pity on her
6)[line 18]איש דבר משא ומתן איןISH D'VAR MASA U'MATAN, IYN- [we might think that only] a man, who deals in business, should [be governed by the Halachos of monetary affairs]
7)[line 19]כי היכי דתיהוי לה חיותאKI HEICHI D'SEHEVEI LAH CHIYUSA- in order that she will have the ability to protect her livelihood (so that others do not avoid doing business with her out of fear that she has legal immunity)
8)[line 20]איש דבר מצוה אין, אשה דלאו בת מצוה לאISH, D'VAR MITZVAH, IYN; ISHAH, D'LAV BAS MITZVAH, LO- [we might think that only] a man, who is commanded in [more] Mitzvos [than a woman (TOSFOS),] should [be the one to whom the Halachos of Kofer apply], but a woman, who is not commanded in [as many] Mitzvos, should not [be the one to whom those Halachos apply]
9)[line 23]קטלאKETALA- death
(a)SHOR HA'MU'AD - An ox that gores two times is still referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring.
(b)CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the owner of the ox is Chayav Misah b'Yedei Shamayim and the ox is put to death by stoning. He can redeem himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho" (Shemos 21:30). The amount paid as Kofer is defined as either the owner's value, or the dead man's value, according to the various opinions of the Tana'im (Makos 2b).
11)[line 27]פלגא נזקאPALGA NIZKA (MAMONA / KENASA)
(a)An ox (or other animal) that gores one or two times is referred to as a Tam. The owner only pays half the value of the damages (Chatzi Nezek) that his ox causes through goring, with a maximum of the full value of the ox that gored. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad. If the ox damages from then on, the owner has to pay the full value of the damages (Nezek Shalem) that his ox causes through goring. He is held more liable since it is now evident that the ox's nature has changed to that of a harmful and injurious animal, and its owner therefore knows that he must guard it well.
(b)The Amora'im here argue as to why the Torah decreed that the owner of a Tam pays Chatzi Nezek and not Nezek Shalem. One opinion holds that by law he should pay Nezek Shalem because he did not guard his ox properly, but the Torah was lenient (since the ox has not been proven to be a harmful animal) and exempted him from half of the damages. According to this opinion, Chatzi Nezek is "Mamona" (compensation) and not "Kenasa" (a fine imposed by the Torah). The other opinion feels that by law the owner should be entirely exempted from paying the first three times that his ox causes damage, since oxen are relatively docile and do not have to be constantly watched to prevent them from causing damage. Even so, the Torah imposed upon him a fine of Chatzi Nezek, so that he should guard his ox more carefully in the future. According to this opinion, Chatzi Nezek is Kenasa and not Mamona.
(c)The distinction between the payment of Mamon and the payment of Kenas occurs when the owner of the ox admits, without the testimony of witnesses, that his ox caused damage. According to the opinion that maintains Palga Nizka Mamona, he must pay for half of the damages. But the opinion that maintains Palga Nizka Kenasa rules that he is exempt from payment since a person does not have to pay Kenas if he admits to his guilt of his own accord.
12)[line 29]סתם שוורים לאו בחזקת שימור קיימןSETAM SHEVARIM LAV B'CHEZKAS SHIMUR KAIMAN- normal oxen are not considered docile and have to be constantly watched to prevent them from causing damage
13)[line 31]דאכתי לא אייעד תוריהAKATI LO IYA'AD TOREI- the ox still has not yet become a Mu'ad
14)[line 34]כי היכי דלנטריה לתוריהKI HEICHI D'LINTEREI L'SHOREI- so that he will guard his ox
15)[line 40]לפחת נבילהPECHAS NEVEILAH- the depreciation in value of the carcass of the dead animal
16)[line 41]שהבעלים מטפלין בנבילהHA'BE'ALIM METAPLIN BA'NEVEILAH- the owner if the gored ox (the Nizak) is responsible for the carcass (i.e. the Mazik deducts the value of the carcass from what he must pay to the Nizak)
17a)[line 45]שהתם משלם חצי נזק מגופוSHEHA'TAM MESHALEM CHATZI NEZEK MI'GUFO- the owner of a Shor Tam only pays half the value of the damages that his ox causes, with a maximum of the full value of the ox that gored
b)[line 45]ומועד משלם נזק שלם מן העלייהMU'AD MESHALEM NEZEK SHALEM MIN HA'ALIYAH- the owner of a Shor ha'Mu'ad pays the entire value of the damages that his ox causes, and the payment is collected from his most valuable property
18)[line 47]תנא ושיירTANA V'SHIYER- the Tana taught certain Halachos in the Mishnah and left out other Halachos
19)[line 47]מאי שייר דהאי שיירMAI SHIYER D'HAI SHIYER?- what else did the Tana leave out so that he should also leave this out?
20)[line 47]חצי כופרCHATZI KOFER- Although the owner of a Shor Tam pays half of the damages that it causes, the Tana'im argue as to whether he must pay half of the Kofer if his ox kills a person. Rebbi Eliezer learns that he does not from the verse, "u'Ba'al ha'Shor Naki" (Bava Kama 41b). Rebbi Yosi ha'Glili argues, ruling that there is a liability for Chatzi Kofer (Kesuvos 41b). (See above, entry #10.)
21)[line 2]על פי עצמוAL PI ATZMO- based on his own admission
22)[line 17]תיובתא והלכתא?!TIYUVTA, V'HILCHESA?!- [The Gemara has just brought] a refutation [of the opinion of Rav Huna brei d'Rebbi Yehoshua, that Chatzi Nezek is a fine,] and [it then rules that] the Halachah [follows his opinion]?!
23)[line 19]לא פסיקא ליהLO PESIKA LEI- it cannot be stated in an unqualified manner
24)[line 19]חצי נזק צרורותCHATZI NEZEK TZEROROS
(a)If one's animal caused damage to another person's property in an indirect manner - that is, with the force of its body but without its body coming into direct contact with the damaged item, such as by walking and kicking up pebbles that - through the ballistic action caused by the force of the animal's body - caused damage, the owner is obligated to pay restitution for the damage.
(b)The Tana'im argue what the extent of the owner's liability is in such a case (Bava Kama 17b). Sumchus maintains that he is obligated to pay for the full damage (Nezek Shalem). The Rabanan maintain that there is a Halachah l'Moshe mi'Sinai that the owner is obligated to pay for only half of the damage (Chatzi Nezek).
25a)[line 20]דהלכתא גמירא להD'HILCHESA GEMIREI LAH- we know it from the tradition that Moshe received on Mount Sinai, i.e. it is a Halachah l'Moshe mi'Sinai, that one only pays Chatzi Nezek (TOSFOS 3b)
26a)[line 22]האי כלבא דאכל אימריHAI KALBA D'ACHAL IMREI- a dog that ate lambs
b)[line 22]ושונרא דאכלה תרנגולאV'SHUNRA D'ACHLAH TARNEGOLA- and a cat that ate a chicken
27a)[line 24]ברברביRAVREVEI- animals (lambs or chickens) that are larger (than the dog or cat that ate them)
b)[line 24]בזוטריZUTREI- animals (lambs or chickens) that are smaller (than the dog or cat that ate them)
28)[line 25]ואי תפס לא מפקינן מיניהV'IY TAFAS LO MAFKINAN MINEI- and if he (the owner of the lambs or chickens) seized [the money or possessions of the owner of the dog/cat to cover his losses], we (Beis Din) do not force him to give it back
29)[line 26]קבעו לי זימנא דאזלינא לארעא דישראלKAV'U LI ZIMNA D'AZLINA L'AR'A D'YISRAEL- set a [court] date for me in Eretz Yisrael (where Beis Din has the authority to charge a Kenas) [and force the owner of the dog/cat to go there with me]
30)[line 27]משמתינן ליהMESHAMTINAN LEI - we put him in Niduy (excommunication) (SHAMTA/NIDUY)
(a)The minimum period of Niduy is thirty days in Eretz Yisrael or seven days in Bavel and elsewhere. If the Menudeh does not repent from his ways he is put into Niduy for a second thirty-day period. If he still does not repent, he is then put into Cherem. The laws of Cherem are much more stringent.
(b)No one may come within four Amos of the Menudeh, except for his wife and family. He is not permitted to eat or drink with other people, nor is he included in a Zimun or any other Mitzvah that requires a quorum of ten men. He may not wash his clothes, shave or take a haircut or wear shoes. Learning and teaching Torah, however, are permitted, as well as engaging in work. The last two are not permitted to a Muchram, who must learn by himself and engage in work to the minimum that will provide him daily sustenance. People may speak with the Menudeh or the Muchram unless Beis Din specifically prohibits it.
(c)Even if the period of Cherem or Niduy has ended, a person remains in Niduy or Cherem until he is permitted by three commoners or by an expert sage (SHULCHAN ARUCH Yoreh De'ah 334:27 and REMA ibid. 334:24).
31)[line 30]כלב רעKELEV RA- a bad-tempered dog; i.e. a dog that barks at anyone with which it is not familiar (and frightens people and causes pregnant women to miscarry) (YAM SHEL SHLOMO Bava Kama 7:45)
32)[line 31]סולם רעועSULAM RA'U'A- a shaky ladder
33)[line 32]"לא תשים דמים בביתך""[V']LO SASIM DAMIM B'VEISECHA..." - "[When you build a new house, you must make a guardrail for your roof; so that] you shall not shed blood in your house [because the falling person will fall from it]" (Devarim 22:8) (MA'AKEH)
The Torah commands that a guardrail that is at least ten Tefachim high be built around the roof of one's home (or balcony) in order to prevent calamities. The guardrail must be strong enough to support the weight of a person who is leaning. Additionally, from the words "v'Lo Sasim Damim b'Veisecha" it is learned that one may not allow any dangerous situation to remain in one's house. A person may not leave an uncovered pit in his courtyard, or leave a weak ladder in his house. If he owns a bad-tempered dog, he also transgresses this Lav. (SEFER HA'CHINUCH #547)
34a)[line 38]הזאבZE'EV- a wolf
b)[line 38]והאריARI- a lion
c)[line 38]והדובDOV- a bear
d)[line 38]והנמרNAMER- a leopard
e)[line 38]ברדלסBARDELAS- (a) (O.F. puteis) ferret; a small, half-tamed, flesh-eating animal similar to a weasel; (b) a polecat; a small dark brown flesh-eating animal similar to a weasel; (c) a striped wild animal of the genus felis leopard; striped hyena (RASHI to Avodah Zarah 42a); (d) marten (Tosfos Sanhedrin 15b DH veha'Bardelas)
f)[line 38]והנחשNACHASH- snake
35)[line 40]בני תרבותBNEI TARBUS- domesticated, cultured