BAVA KAMA 33-35 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the ninth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[33a - 51 lines; 33b - 50 lines]

1)[line 3]"[אשר יבא את רעהו ביער...] ומצא [את רעהו ומת הוא ינוס...]""[VA'ASHER YAVO ES RE'EIHU VA'YA'AR...] U'MATZA [ES RE'EIHU VA'MES, HU YANUS...]"- "[And when a man goes into the wood with his neighbor to cut wood, and his hand fetches a stroke with the ax to cut down the tree, and the head slips from the handle,] and strikes (lit. finds) [his neighbor, so that he dies; he shall flee to one of those cities, and live.]" (Devarim 19:5)

2)[line 3]לממציא את עצמוL'MAMTZI ES ATZMO- [this excludes] one who presents himself

3)[line 5]הלהHALAH- him (the victim)

4)[line 14]במתאB'MASA- in town (i.e. he is often available outside of his house)

5)[line 16]וקרי אבבא ואמר להו איןV'KAREI A'BAVA V'AMAR LEHU IN- and he (the victim) called at the gate and he (the homeowner) answered, "Yes"

6)[line 17]עול תא משמעUL, TA MASHMA- it means "come in"

7)[line 18]קום אדוכתך משמעKUM A'DUCHTACH MASHMA- it means "stay where you are" (lit. "stand in your place")

8)[line 25]משלמין במותר חצי נזקMESHALMIN BA'MOSAR CHATZI NEZEK- [the owner of the ox that was damaged less] pays half of the value of the difference between the damages

9)[line 35]"... כמשפט הזה יעשה לו""... KA'MISHPAT HA'ZEH YE'ASEH LO."- "[Whether it has gored a son, or has gored a daughter,] according to this judgment shall it be done to him." (Shemos 21:31)

10)[line 39]כתחתון ולא כעליוןKA'TACHTON V'LO KA'ELYON - like the later (lit. lower) [subject] and not like the earlier (lit. above) [subject] (SHOR HA'MU'AD / SHOR TAM)

(a)An ox that gores up to two times is termed a Shor Tam. The owner 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)The earlier verse (Shemos 21:28) deals with the case of a Shor Tam, for which the owner pays only half of the value of the damages, while the following verse (Shemos 21:29) deals with a Shor Mu'ad, for which the owner must pay full damages. Rebbi Akiva is saying that even though the owner of a Shor Tam normally pays only Chatzi Nezek, when the Shor damages a person he must pay Nezek Shalem.

11)[line 39]העלייהHA'ALIYAH- the most valuable property (having to pay the entire value of the damages and not being limited to the value of the Shor ha'Mazik)

12)[line 45]יושם השור/הוחלט השורYUSHAM HA'SHOR / HUCHLAT HA'SHOR

When a Shor Tam attacks another animal, Rebbi Yishmael rules that the Shor ha'Mazik is evaluated (Yusham ha'Shor) and the Mazik owes the Nizak half of the value of the damages. Rebbi Akiva rules that the Nizak becomes the de facto owner (Huchlat ha'Shor) of the Shor ha'Mazik if it is worth half of the value of the damages or less.

13)[line 47]וזוזי הוא דמסיק ליהZUZEI HU D'MASIK LEI- [it is a debt of] money (lit. coins) that he holds against him


14)[line 1]לאו כל כמיניהLAV KOL KEMINEI- he does not have such power

15)[line 2]חוזר וגובהוCHOZER V'GOVEHU- he in turn collects [the animal from the buyer]

16)[line 4]לרידיאL'RIDYA- for plowing

17)[line 4]שמע מינה לוה ומוכר [ומכר] מטלטלין בית דין גובין לו מהם?SHEMA MINAH LAVAH (U'MOCHER) [U'MACHAR] METALTELIN, BEIS DIN GOVIN LO ME'HEM?- Do we learn from this that if a person takes a loan and sells his mobile goods that Beis Din has the power to allow the creditor to collect those goods from the buyer?

18)[line 5]אפותיקיAPOTIKI

(a)A person may designate one of his pieces of land or possessions 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 only collect his debt 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.

(b)Even though an Apotiki is usually a piece of land or an item about which the fact that it is an Apotiki becomes well known (such as a slave), in the case of the damages of a Shor Tam, the Torah asserts that the Nizak claims his damages from the body of the Shor, and it is therefore like an Apotiki in this respect.

19)[line 8]דאית ליה קלאD'IS LEI KOLA- (lit. since it has a voice) the information about the sale of the slave will become well known

20)[line 10]רב תחליפא בר מערבאRAV TACHLIFA BAR MA'ARAVA- Rav Tachlifa of the West, i.e. from Eretz Yisrael

21)[line 21]גזירה שמא יאמרו הקדש יוצא בלא פדיוןGEZEIRAH SHEMA YOMRU HEKDESH YOTZEI B'LO PIDYON- it is a decree lest one should say that an item of Hekdesh loses its sanctity without paying the proper redemption fee

22)[line 27]עד שלא עמד בדיןAD SHE'LO AMAD B'DIN- up until its case comes to court

23)[line 32]קדמו בעלי חובות והגביהוKADMU BA'ALEI CHOVOS V'HIGBIHU- if creditors preempt the Nizak and make a Kinyan Hagba'ah on the animal

24)[line 33]חב עד שלא הזיקCHAV AD SHE'LO HIZIK- the debtor became obligated (i.e. he took the loan) before the animal did the damage

25)[line 40]"[... ומכרו את השור ה]חי [וחצו את כספו]""[... U'MACHRU ES HA'SHOR HA']CHAI [V'CHATZU ES KASPO...]"- "[And if one man's ox hurts another's, and it dies; then they shall sell the] live [ox, and divide its money; and the dead ox also they shall divide.]" (Shemos 21:35)

26)[line 42]לפחת שחיטהPECHAS SHECHITAH- the depreciation in value of the Shor due to the slaughtering

27)[line 42]המזיק שעבודו של חבירוMAZIK SHIBUDO SHEL CHAVEIRO (APOTIKI)

(a)See above, entry #18.

(b)When a person chooses an object as the second type of Apotiki (see above, entry #18; see TOSFOS to Gitin 41a DH b'Mazik), if someone damages the Apotiki or otherwise makes it impossible for the creditor to collect his debt from it (for example, if the Apotiki is a slave and he frees him), the Tana'im of our Mishnah argue as to whether he is liable for the damages or not. (Even those Tana'im who exempt payment in a case of Dina d'Garmi (see below, entry #29) may rule that one may be liable for Mazik Shibudo Shel Chaveiro, since the damage is even more direct than Dina d'Garmi - TOSFOS ibid.)

28)[line 44]זיקא בעלמא הוא דשקלי מינךZIKA B'ALMA HU D'SHAKLI MINACH- it was a mere wind that I took from you (i.e. from your animal) (He tries to dismiss the damage he did when he slaughtered his friend's Shor.)

29)[line 45]השורף שטרותיו של חבירוHA'SOREF SHETAROSAV SHEL CHAVEIRO (DINA D'GARMI)

(a)There are two manners of causing indirect damage. The less direct manner is known as "Gerama," for which even Rebbi Meir (Kesuvos 86a) does not hold a person liable. The more direct manner is known as "Garmi," for which Rebbi Meir holds a person liable. (The Rishonim argue as to the definition of "more direct.")

(b)Rebbi Meir holds a person liable for damaging another person or his possessions even in an indirect manner. For example, not rebuilding a fence that separates between the fields of two landowners may cause one person's vines to prohibit the grain of his neighbor as Kil'ayim (see Background to Yevamos 81:11). Rebbi Meir holds the person who did not rebuild his fence liable for causing the other field to become prohibited.

30)[line 46]ניירא בעלמא קלאי מינךNEYARA B'ALMA KALA'I MINACH- I have only burned some of your papers

31a)[line 46]בורותBOROS- wells that are dug in the ground

b)[line 47]שיחיןSHICHIN- elongated ditches

c)[line 47]ומערותME'AROS- caves (usually leading to a spring or water source)