BAVA KAMA 26 (27 Teves) - Dedicated in honor of the memory of Hagaon ha'Gadol Rav Pinchas Hirschprung, well-known and much loved Rav of Montreal, Talmid of Hagaon Rav Meir Shapiro (founder of the Dafyomi cycle), on the day of his Yahrzeit. Dedicated by his son, Rav Yitzchak Hirschprung, may he be blessed with long years and all that he needs.

[26a - 52 lines; 26b - 39 lines]

1)[line 8]תשלומין מעליאTASHLUMIN ME'ALYA- full, "perfect" payment, i.e. Nezek Shalem

2)[line 17]"... ככל אשר יושת עליו""... K'CHOL ASHER YUSHAS ALAV"- "[If ransom be laid on him, then he shall give for the redemption of his life] whatever is laid upon him." (Shemos 21:30) - This verse describes the liability of the owner of a Shor ha'Mu'ad that gored a person to death. It excludes a person who kills another person from liability to Kofer.

3)[line 21]"ואיש [כי יתן מום] בעמיתו [כאשר עשה כן יעשה לו]""[V']ISH [KI YITEN MUM] BA'AMISO, [KA'ASHER ASAH, KEN YE'ASEH LO.]"- "[And if] a man [causes a blemish] in his neighbor; just as he has done, so shall it be done to him." (Vayikra 24:19)

4)[line 47]אדם מועד לעולםADAM MU'AD L'OLAM- an intelligent adult who inflicts damages always pays [in full] as a "Mu'ad" (one who is expected to inflict damage)

5)[line 48]סימאSIMEI- [one who] blinds


6)[line 1]תנא דבי חזקיהTANA D'VEI CHIZKIYAH- [a teaching of a] Tana from the Beis Midrash of Chizkiyah

7)[line 2]"פצע תחת פצע""PETZA TACHAS PATZA"- "wound for wound" (Shemos 21:25)

8a)[line 3]השוגגSHOGEG- unintentional [damage]

b)[line 3]כמזידMEZID- intentional [damage]

9a)[line 3]האונסONES- accidental [damage]

b)[line 3]כרצוןRATZON- willingly [inflicted damage]

10)[line 6]בחיקוCHEIKO- his chest

11)[line 9]מלאכת מחשבת אסרה תורהMELECHES MACHSHEVES ASRAH TORAH

The Torah only forbids actions performed on Shabbos with intent, not actions that were performed accidentally.

12)[line 9]גלותGALUS (AREI MIKLAT - cities of refuge) - exile

(a)A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (banishment, exile).

(b)When it is proven that a person killed unintentionally, he is banished to one of the six Arei Miklat (cities of refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment.

(c)If the unintentional murderer leaves his city of refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.

13)[line 10]לענין עבדL'INYAN EVED (SHEN V'AYIN)

(a)If the owner of an Eved Kena'ani (a Nochri slave) hits his slave and wounds him by taking out the slave's eye or permanent tooth, the slave becomes entitled to his freedom (Shemos 21:26-27). The wound must be intentional, but need not be specifically in the eye or tooth (Kidushin 24b).

(b)The same applies if the master dismembers one of the slave's 24 Roshei Evarim (limb-tips). The 24 Roshei Evarim are the ten fingers, ten toes, nose, ears, and the male Ever (RASHI). The Gemara (Kidushin 24a) adds more limbs for which this Halachah applies.

(c)The requirement to free the slave under such circumstances is considered a Kenas (a penalty or fine), which is imposed upon the master for unjustly wounding his slave (Bava Kama 74b; see Rashi to Gitin, top of 21b). Therefore, if the owner admits that he is guilty of taking out his slave's tooth or eye, he need not free the slave (Bava Kama ibid.).

14)[line 11]כחול עיניKECHOL EINI- color my eye (with medicinal drops)

15)[line 12]חתור לי שיניCHASOR LI SHINI- scrape around my tooth

16)[line 12]שיחק באדוןSICHEK BA'ADON- he laughs at the master

17)[line 14]עד שיתכוין לשחתהAD SHE'YISKAVEN L'SHACHASAH- until he intends to destroy [the eye or tooth]

18)[line 19]נתכוין לזרוק שתים וזרק ארבעNISKAVEN LIZROK SHTAYIM V'ZARAK ARBA- he intended to throw an object a distance of two Amos and it went a distance of four Amos


(a)HOTZA'AH is the last of the thirty-nine Avos Melachos of Shabbos. It involves either 1. transferring objects from a Reshus ha'Yachid to a Reshus ha'Rabim, 2. Hachnasah, which refers to transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid, 3. Ma'avir Arba Amos b'Reshus ha'Rabim, or carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos, 4. Moshit, which involves passing an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 4a). These are all biblical prohibitions.

(b)AKIRAH & HANACHAH - In order to transgress the Biblical prohibition of Hotza'ah, certain conditions must be met. An Akirah (initiation of movement) and a Hanachah (putting the object to rest) must be performed on the object by the same person. If one person does the Akirah and another does the Hanachah, only a rabbinical prohibition is involved, as the Gemara states in Shabbos 3a.

20)[line 22]"אשר לא צדה""ASHER LO TZADAH"- "[And] if a man lies not in wait, [but HaSh-m delivers him into his hand; then I will appoint you a place where he shall flee.]" (Shemos 21:13)

21)[line 31]מנא תבירא תברMANA TEVIRA TAVAR- he [only] broke a broken utensil

22a)[line 33]כריםKARIM- bolsters, mattresses

b)[line 33]כסתותKESASOS- pillows

23a)[line 33]בא אחר וסלקןBA ACHER V'SILKAN- if another person came and removed them

b)[line 34]קדם וסלקןKADAM V'SILKAN- he himself ran and arrived before the utensil landed and removed the Karim u'Kesasos

24a)[line 35]בעידנא דשדייהB'IDNA D'SHADYEI- at the time that he threw it

b)[line 35]פסוקי מפסקי גיריהPESUKEI MAFSEKEI GIREI- his arrows were used up

25)[line 37]בסייףSAYIF- a sword