[16a - 51 lines; 16b - 54 lines]

1a)[line 1] CHATZER HA'MEYUCHEDES L'FEIROS L'ECHAD ME'HEM- a courtyard in which only one of them may store his produce

b)[line 2] UL'ZEH UL'ZEH L'SHEVARIM- a) but into which both of them may bring their oxen (RASHI); according to the Girsa V'LO L'ZEH V'LO L'ZEH L'SHEVARIM - but into which neither of them may bring their oxen (TOSFOS DH Kulah)

2)[line 4] RESHUS HA'RABIM- [similar to] a public domain [in that a) both may bring their oxen into it (RASHI); b) their ability to bring their oxen into it is equal (TOSFOS; see TOSFOS to 14a DH Lo)

3)[line 4] AMRISAH L'SHEMAITAH KAMEI D'RAV ZVID MI'NEHARDE'A- I related this [explanation of Rebbi Elazar in the name of Rav] in front of Rav Zvid from Neharde'a (a town in Babylon)

4)[line 6] ...?MI MATZIS MUKEMES LAH ...?- are you able to establish it ...?

5)[line 8] , SHE'EIN RA'UY LAH, LO- [but if it consumes] that which is not fit for it (which is a subcategory of Keren), [its owner would] not [be responsible to pay full damages but rather half damages]

6)[line 10] CHISUREI MECHSERA V'HACHI KA'TANI - Amending the Meaning of a Mishnah or Beraisa

(a)In order to answer a question posed from a Mishnah or Beraisa, the Gemara will sometimes explain that we have not understood the Mishnah or Beraisa correctly. The Gemara will say "Chisurei Mechsera v'Hachi ka'Tani" - "Words are missing, and it should be read as follows" - and then add words to the Mishnah or Beraisa which allow it to be read differently, thereby answering the question.

(b)The YAD MALACHI (Kelalei ha'Ches, #284) writes that the Gemara will sometimes use "Chisurei Mechsera" to change the original understanding of the Mishnah or Beraisa to one that expresses the opposite ruling. He then quotes the HALICHOS OLAM (2:2) as stating that the Gemara will not go that far, but will rather add to or adjust the original explanation of the Mishnah. The Yad Malachi cites the Gemara in Sanhedrin (12b), however, as proof of his opinion.

(c)How are we to understand that the Tana seemingly forgot to include such integral information? The VILNA GA'ON (end of Divrei Eliyahu, section entitled "Kelalim") explains that the use of "Chisurei Mechsera" does not reject the original reading of the Beraisa. The original reading may be read to mean what the Gemara understands in its final explanation, or it may be teaching a different point altogether (RABEINU BACHYA writes similarly in his commentary to Shemos 34:27). The BEIS YOSEF (in "Kelalei d'Gemara", Halichos Olam 2:41) explains that these teachings were originally given over in this fashion. Rebbi, who edited much of the Mishnah, recorded them in the Mishnah as they were, expecting those who learned them to fill in the "blanks" on their own. The TIFERES YISRAEL (Boaz to Erchin 4:1) explains that a special tune was utilized when learning Mishnayos and Beraisos to help one commit them to memory (a method used even today in some schools in Eretz Yisrael). The Tana would therefore use wording that fit with the tune even if it rendered the meaning less clear. The Tiferes Yisrael explains that the Tana knew that the true explanation would be apparent to anyone who studied the topic well, as evidenced by that which the Gemara is able to arrive at the proper understanding. (This explanation would appear to be at odds with the explanation of the Vilna Ga'on above)

(d)The Gemara will sometimes correct the wording of a Mishnah or Beraisa with the word "Teni ..." ("teach") or "Eima ..." ("say"). Many Rishonim (e.g., RAN to Nedarim 46a) explain that these terms are used to explain the Tana's statement, as opposed to amending it. Similarly, the Gemara will sometimes answer a question by insisting that the Mishnah or Beraisa taught its ruling wherein the person involved verbally expressed a certain qualification. In such situations the Gemara will explain, "b'Omer ..." ("in a case where he said ..."). Here too, many Rishonim explain that the Gemara means that even if he did not actually express such a qualification, it is as if he did (e.g., TOSFOS to Yevamos 25b DH b'Omer).

7)[line 11] , V'IM HU'ADU, CHAMISHASAN MU'ADIN- and if they are established as having become accustomed [to perform any of these damaging actions], they can become a Mu'ad for any of the five. This comprises the count of the "five Mu'adim" referred to at the beginning of our Mishnah.

8)[line 13] ? V'HEICHAN HA'ADASAN? B'CHATZER HA'NIZAK- and where are they responsible [for such actions]? In the domain of he who has been damaged. This is the explanation for the words, "v'Shor ha'Mu'ad, v'Shor ha'Mazik bi'Reshus ha'Nizak" that appear in our Mishnah.

9)[line 14] ?SHOR HA'AMZIK BI'RESHUS HA'NIZAK KEITZAD?- how [is one responsible] for an ox that damages [through goring etc.] in the domain of he who has been damaged? This is a quote from a Mishnah (24b).

10)[line 15] AIRI BAH- we have [previously] referred to [such a case]

11)[line 21] V'YESH MU'ADIM ACHERIM KA'YOTZEI BA'ELU- and there are other Mu'adim that are similar to these [but are not written expressly in the Torah]. This statement is interjected into our Mishnah after the word "veha'Adam", which completed the listing of other Mu'adim that are expressly written in the Torah.

12)[line 28] IKA D'RAMU LAH MIRMA- some [introduce this explanation of our Mishnah by] posing a contradiction

13)[line 37] LO SHANU ELA PAKIN GEDOLIM- we did not learn [that an ox is not expected to kick items in a damaging manner] but regarding large vessels (or, for that matter, large people or animals)

14)[line 38] ORCHEI HU- it is its normal manner [and is therefore a subcategory of Regel, making the owner of the animal liable in the domain of the Nizak and exempt in the public domain]

15)[line 39]L'MA'ECH- to crush

16)[line 39] DILMA MIN HA'TZAD- (the Gemara defers the proof by suggesting that) perhaps [this Beraisa refers to damage caused when an animal crushes a person, animal, or vessel] from the side [against a wall, and it did not notice that which it damaged regardless of its size]

17)[line 46]APA- a) (O.F. puteis) a ferret; b) a polecat (a small animal related to a weasel); c) a marten (a small animal related to a weasel); d) a striped hyena; e) a type of serpent (Tosfos to Sanhedrin 15b DH veha'Bardelas)

18)[line 46] AF HA'TZAVU'A- (in addition to the Mu'adim listed in our Mishnah) also a Tzavu'a

19a)[line 47] KAN B'TZAVU'A ZACHAR- a) here [when Rebbi Yosef explained that our Mishnah describes an Apa] refers to a male Tzavu'a (RASHI, first explanation); b) here [when Rebbi Meir added onto the Mu'adim of the Mishnah] refers to a male Tzavu'a [which is always dangerous even though it takes many forms (see Gemara below)] (RASHI, second preferred explanation)

b)[line 47] KAN B'TZAVU'A NEKEIVA- a) here [when Rebbi Meir added onto the Mu'adim of the Mishnah] refers to a female Tzavu'a [which is not called an Apa] (RASHI, first explanation); b) here [when Rebbi Yosef explained that our Mishnah describes an Apa] refers to a female Tzavu'a (RASHI, second preferred explanation)

20)[line 48]ATALEF- a bat

21)[line 49]ARPAD- a bat (of a different species than an Atalef)

22)[line 49]KIMOSH- a) a type of animal (RASHI to Hoshe'a 9:6); b) a thorny plant (METZUDAS TZIYON ibid.)

23)[line 50]CHO'ACH- a) a type of animal (RASHI to Hoshe'a 9:6); b) a thorny plant (of a different species than a Kimosh; METZUDAS TZIYON ibid.)

24)[line 50]SHED- a destructive spirit

25)[line 50]SHIDRO- his spine

26)[line 50] L'ACHAR SHEVA SHANIM- seven years after [his death]

27)[last line] D'LO KARA B'MODIM- if he did not bow at "Modim" (in Shemonah Esrei; see Insights)


28)[line 1] AF HA'NACHASH- That which Rebbi Elazar appears to add a snake to the list of Mu'adim implies that he agrees that the others are always Mu'adim and cannot be domesticated.

29)[line 2] , BI'ZMAN SHE'HEN BNEI TARBUS, EINAN MU'ADIM- when they have been tamed, they are not Mu'adim [and their owners need not pay for full damages if they attack]

30)[line 3] ""TENI "NACHASH"- teach [that Rebbi Elazar said,] "[only] a snake [is Mu'ad]" (see above, entry #6:d)

31a)[line 4] DARAS V'ACHAL- if it tramples and eats [its prey while it is still alive] (TOSFOS DH Daras)

b)[line 4] TARAF V'ACHAL- if it rends and eats [its prey only once it is dead]

32)[line 6] KEMO SHE'ACHLAH PEIROS V'YERAKOS- similar to [an ox] that ate fruits and vegetables

33)[line 9]" , ; - , .""ARYEH TOREF BEDEI GOROSAV, U'MECHANEK L'LIV'OSAV; VA'YEMALEI TEREF CHORAV, UME'ONOSAV TEREFAH."- "A lion rends [its prey] for its cubs, and strangles for its lionesses; and it fills its lairs with kills, and its dens with carcasses" (Nachum 2:13).

34)[line 10] BI'SHVIL GOROSAV- (the Gemara answers) [it rends] for its cubs [but not that which it itself intends to eat]

35)[line 11] BI'SHVIL CHORAV- (the Gemara answers) [it kills] so as to store in its lair [but not that which it intends to eat right away]

36)[line 13]CHAYAH- a wild animal (this implies a group of animals that includes lions)

37)[line 15] TARFAH L'HANI'ACH- it killed in order to set it aside for later

38)[line 16] BESHE'NIMLECHAH V'ACHLAH- [the case of the Beraisa is one in which] it changed its mind and ate it [on the spot]

39)[line 16] ?MINA YAD'INAN?- how are we to know [that this was indeed the thought process of the lion]?

40)[line 18] LI'TZEDADIN KA'TANI- [the phrase "Tarfah Behemah v'Achlah Basar"] is meant to be split [as it is referring to two different cases]

41)[line 20] ARI TARBUS- a tame lion

42)[line 21]' !AFILU DARSAH NAMI LEICHAYAV!- one ought to be responsible [for half-damages] even if [his lion] tramples [and eats prey, since according to Rebbi Elazar a tame lion is not expected to attack at all]!

43)[line 23]A'MASNISA- referring to the Beraisa

44)[line 25]" !CHATZI NEZEK BA'I LI'SHELUMEI!- he ought to pay for [only] half-damages [since according to Rebbi Elazar a tame lion is a Tam]!

45)[line 25]D'IYA'ED- (the Gemara answers) [the case of the Beraisa is one] in which [the lion] became established [to attack in such a manner]

46a)[line 28]MI'GUFO- lit. from the body of his [animal]; i.e., he need not pay any more than the worth of the animal that caused the damage (see Background to 2:28)

b)[line 29] MIN HA'ALIYAH- the full value of the damage [regardless of the value of the animal that caused the damage]

47)[line 30] B'ME'ULEH SHEB'NECHASAV- with the choicest of his possessions

48)[line 31]" [] -, -; - [- ...]""VA'YISHKAV [YE]CHIZKIYAHU IM AVOSAV, VA'YIKBERUHU B'MA'ALEI KIVREI VNEI DAVID; V'CHAVOD ASU LO V'MOSO ..."- "And [Ye]chizkiyahu lay with his fathers, and they buried him in the choicest tomb associated with the descendants of David; and [all of Yehudah and the residents of Yerushalayim] honored him in death ..." (Divrei ha'Yamim II 32:33).

49)[line 34]" - , ...""VA'YIKBERUHU V'KIVROSAV ASHER KARAH LO B'IR DAVID, VA'YASHKIVUHU BA'MISHKAV ASHER MILEI BESAMIM U'ZNIM ..."- "And they buried [Asa ha'Melech] in the grave that he had dug for himself in the City of David, and they laid him in a bed that he had filled with spices and perfumes ..." (Divrei ha'Yamim II 16:14).

50)[line 37] ZINEI ZINEI- various types [of spices]

51)[line 39]ZIMAH- licentiousness (immoral behavior)

52)[line 39]"... - () , .""... KI CHARU SHUCHAH L'LACHDENI, U'FACHIM TAMNU L'RAGLAI."- "... for they have dug a pit to trap me, and they have hidden traps for my feet" (Yirmeyah 18:22).

53)[line 40] CHASHDUHU MI'ZONAH- they suspected him of having a relationship with a) a harlot; b) one who is forbidden to a Kohen (see Background to Gitin 79:53) (as Yirmeyah ha'Navi was a Kohen; TOSFOS DH she'Chashduhu)

54)[line 43]"- ...""KI SHUCHAH AMUKAH ZONAH ..."- "For a harlot is a deep pit ..." (Mishlei 23:27). This verse means that it is as difficult to leave an illicit relationship as it is to climb out of a deep pit.

55)[line 45] ?ATU ESHES ISH MI NAFKA MI'CHLAL ZONAH?- is a married woman [who has committed adultery] not also in the category of "Zonah"?

56)[line 47]", ', -- ... () ; .""V'ATAH, HASH-M, YADATA ES KOL ATZASAM ALAI LA'MAVES ... [V']YIHEYU MUCHSHALIM L'FANECHA; B'ES APCHA ASEI VA'HEM."- "And you, Hash-m, know all of their counsel against me for death ... [and] may they be made to stumble before You; at the time of Your anger act against them" (Yirmeyah 18:23).

57)[line 49] HISHLICHUHU L'VE'ER TIT- they threw him into a pit of mire

58)[line 52] SHE'EINAN MEHUGANIM- who are unscrupulous [and do not truly need charity]

59)[line 53]"... ...""... V'CHAVOD ASU LO B'MOSO ..."- see above, entry #48

60)[last line] HOSHIVU YESHIVAH AL KIVRO- they set up a) a Torah learning center (RASHI, TOSFOS DH she'Hoshivu); b) a center to mourn his death (MAHARSHA) near his grave

61)[last line]SHELOSHAH- three [days]