BAVA KAMA 32 - dedicated in memory of Nachum ben Shlomo Dovid Mosenkis Z"L in honor of his 69th Yahrzeit on 23 Teves 5769. Sponsored by his son, Shlomo Dovid (Sid) ben Nachum Mosenkis of Queens N.Y., and family.

[32a - 39 lines; 32b - 46 lines]

1a)[line 5]בנרוNERO- his lamp, candle

b)[line 6]בפשתנוPISHTANO- his flax

2)[line 19]דכרבוצהREVUTZAH- lying down [in Reshus ha'Rabim]

3)[line 19]במהלכתMEHALECHES- walking

4)[line 19]דבעטהBA'ATAH- kicked

5)[line 22]ותסברא הא סייעי בעיא?!V'TISBERA HA SAYE'EI BA'AYA?!- Do you really think that this case (where the cow that was lying down kicked the cow that was walking by) needs support?!

6)[line 22]לא מסתייא דלא מסייעי אלא מקשה נמי קשיא!LO MISTAYA D'LO MESA'AYEI, ELA MAKSHEH NAMI KASHYA!- Not only does it (the Reisha of our Mishnah) not support it, it actually brings a contradiction to it!

7)[line 24]דרבעה בחד גיסאRAV'AH B'CHAD GISA- it (the Revutzah) lay down at one side [of the road]

8)[line 25]איבעי לה לסגויי באידך גיסאIBA'I LEI LISGUYEI B'IDACH GISA- it (the Mehaleches) should have walked by on the other side [of the road]

9)[line 27]מתניתין דכי אורחיה קא מסגיMASNISIN, D'CHI URCHEI KA MASGEI- our Mishnah is referring to a case where he (the man with the beam) was walking normally

10a)[line 28]נהי דאית לך רשות לסגויי עליNEHI D'IS LACH RESHUS LISGUYEI ALAI- granted, you have permission to walk over me (since I am blocking your way)

b)[line 28]לבעוטי בי לית לך רשותאLI'VE'UTEI VI LEIS LACH RESHUSA- [but] you have no permission to kick me!

11)[line 32]בערב שבת בין השמשותB'EREV SHABBOS BEIN HA'SHEMASHOS- Bein ha'Shemashos (Halachic sunset - see Background to Shabbos 137:5) between Friday and Shabbos (when it is a Mitzvah to run to prepare for Shabbos)

12)[last line]בערב שבת מאי ברשות איכא כדרבי חנינאB'EREV SHABBOS MAI BI'RESHUS IKA? KED'REBBI CHANIN'A...- that is, from the practice of Rebbi Chanina it is evident that there is a greater Mitzvah to accept Shabbos outside rather than in one's home or in the synagogue. From this we learn that there is a Mitzvah to actually run to greet the Shabbos, as Chazal say, "l'Olam Yarutz Adam l'Devar Mitzvah" - "A person should always run to do a Mitzvah" (YOSEF DA'AS). The term "Bein ha'Shemashos" is not to be taken literally, but rather refers to the time when people begin to make preparations for Shabbos, such as cooking and baking, i.e. from midday on Erev Shabbos (HAGAHOS ASHIRI).


13)[line 3]מתעטף וקאיMIS'ATEF V'KAI- he would cloak himself (a) in fine garments (RASHI to Shabbos 119a); (b) in a Talis (see RAMBAM Hilchos Shabbos 30:2), and stand in reverence

14)[line 4]המבקעHA'MEVAKE'A- one who splits or chops

15)[line 7]דשכיחי רביםSHECHICHEI RABIM- since there are usually many people [in Reshus ha'Rabim]

16)[line 15]נגרNAGAR- carpenter

17)[line 16]ונתזה בקעתNITEZAH BEKA'AS- a piece of wood flew off

18)[line 16]וטפחה על פניוV'TAFCHAH AL PANAV- and struck him in the face

19)[line 18]בד' דבריםARBA'AH DEVARIM (CHOVEL)

(a)A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay five payments, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are:

1.NEZEK (Damages; also known as Pegam) - If one causes damage to the person of a fellow Jew, such as blinding his eye, cutting off his hand or breaking his foot, Beis Din assesses the damages that he caused based on the depreciation such damages would cause to a slave on the slave market.

2.TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount that the injured person would be ready to pay to have the identical injury inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if no other damage (other than the pain) was inflicted - for example, if one person burned another's fingernail without causing a wound (Mishnah, ibid.). The amount of this payment ultimately depends upon the physical and financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).

3.RIPUY (Medical expenses) - He must pay all medical costs until the injured person heals completely from his wounds.

4.SHEVES (Unemployment) - He must pay unemployment for the duration of the injured person's recovery. Sheves is evaluated as if the injured person is protecting a pumpkin patch from birds, a job that requires only minimal exertion and can be accomplished even by an invalid. (The money that the injured person loses due to his permanent handicap, though, is covered by the Nezek payment.)

5.BOSHES (Shame) - Boshes is evaluated based on the status of the person who caused the embarrassment and the status of person who was embarrassed. According to most opinions, the shame caused by an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an average person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Pituy, which follow the previous opinion). With regard to a person who was embarrassed, shame caused to a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).

(b)In the case mentioned in our Gemara, the carpenter is exempt from the Boshes payment since it is not collected when the person responsible for the damage had no intention to wound the victim.

20)[line 18]מגלותGALUS (AREI MIKLAT - cities of refuge)

(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.

21)[line 19]לפי שאין דומה ליערLEFI SHE'EIN DOMEH L'YA'AR- since it is not similar to the case of the forest, the paradigm case of manslaughter (unintentional murder, Devarim 19:5)

22)[line 26]הוסיף לו רצועה אחת ומת הרי זה גולהHOSIF LO RETZU'AH ACHAS U'MES HAREI ZEH GOLEH (MALKOS ARBA'IM)

(a)It is a Mitzvah to administer the punishment of Malkos Arba'im (Torah lashes) to one who is liable to Malkos, as the Torah states, "v'Hipilo ha'Shofet v'Hikahu" - "and the judge shall cast him down and whip him" (Devarim 25:2). Malkos d'Oraisa are administered in Eretz Yisrael by a court of three judges who are Semuchin (Halachically ordained), whether the Beis ha'Mikdash stands or not (RAMBAM Hilchos Sanhedrin 16:2). Courts outside of Eretz Yisrael can administer only Makas Mardus (Rabbinic lashes, see Background to Kidushin 70:32).

(b)A person is liable to Malkos Arba'im only if he transgresses a Lav (a negative commandment) of the Torah that is not "modified," such as a Lav shebi'Chlalos (see Background to Nazir 38:20), a Lav she'Nitak l'Aseh (see Background to Yoma 85:26), etc. A prohibition that is implied by a positive commandment is never punishable by Malkos. In addition, he must transgress in front of witnesses after receiving a proper warning in order to be liable.

(c)Malkos are administered in numbers of three, with a maximum amount of thirty-nine for each transgression. The culprit is examined to determine how many lashes he can withstand. He stands leaning against a post and his clothes are ripped until his heart is revealed. The agent of Beis Din, a Torah scholar who is specifically weak, stands on a rock behind him, whipping one third of the lashes on his chest and two thirds on his back, one third on each shoulder (Makos 22b).

(d)During the whipping, the most distinguished judge of the court reads the verse, "Im Lo Sishmor La'asos Es Kol Divrei ha'Torah ha'Zos... v'Hifla HaSh-m Es Makoscha..." - "If you will not be careful to perform all the words of this Torah... then HaSh-m will make your blows extraordinary..." (Devarim 28:58-59). For each blow, the deputy judge counts out loud the number of each lash and a third judge calls out "Hakehu!" - "Whip him!" If the culprit dies from the lashing, the agent of Beis Din is exempt from any punishment; however, if he administers an extra lash due to a mistake in the count, and the extra lash causes the culprit to die, he must go to Galus (exile, see above, entry 20).

23)[line 29]טפח ליה רבא בסנדליהTAFACH LEI RAVA B'SANDELEI- Rava tapped him (Rav Shimi mi'Neharde'a) on his sandal; alt., Rava kicked Rav Shimi with his (Rava's) sandal

24)[line 30]גדול שבדייניןGADOL SHEBA'DAYANIN- the most distinguished of the judges

25a)[line 30]קוראKOREI- reads the verse, "Im Lo Sishmor La'asos Es Kol Divrei ha'Torah ha'Zos... v'Hifla HaSh-m Es Makoscha..." - "If you will not be careful to perform all the words of this Torah... then HaSh-m will make your blows extraordinary..." (Devarim 28:58-59)

b)[line 30]מונהMONEH- counts the number of lashes

26)[line 35]לאשפהL'ASHPAH- into a dunghill [that is used as a rest room]

27)[line 37]באשפה העשויה להפנות בלילהASHPAH HA'ASUYAH L'HIPANOS BA'LAILAH- a dung pile that people use at night

28)[line 39]ואיכא דמיקרי ויתיבV'IKA D'MIKRI V'YASIV- it happens that someone may chance to sit there (i.e. use it) [during the day]

29)[line 43]נפחNAPACH- a blacksmith

30)[line 44]נצוצותNITZOTZOS- (lit. sparks) glowing metal splinters

31)[line 45]שוליא דנפחיSHULYA D'NAFACHEI- a blacksmith's apprentice

32)[line 45]מסרהבMESARHEV- urging, compelling