BAVA KAMA 34 (28 Sivan) - dedicated to the memory of Hagaon Rav Yisroel Zev (ben Rav Avrohom Tzvi) Gustman, ZT'L, Rosh Yeshiva of "Yeshivas Netzach Yisrael-Ramailes" (in Vilna, Brooklyn, and then Yerushalayim), author of "Kuntresei Shi'urim," and renowned Dayan in pre-war and post-war Vilna, on the day of his Yahrzeit. Dedicated by his Talmidim Harav Eliezer Stern of Brooklyn NY, and Rabbis Mordecai Kornfeld, Avraham Feldman, Yechiel Wachtel, and Michoel Starr of Yerushalayim, who merited to learn from Rav Gustman in Yerushalayim.
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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.

[34a - 50 lines; 34b - 5 lines]

1)[line 2]בעל חוב מאוחר שקדם וגבהBA'AL CHOV ME'UCHAR SHE'KADAM V'GAVAH- a creditor whose loan was effected later than loans from other creditors or after the damages done by the debtor's animal

2)[line 8]ושבחV'SHAVACH- and it improved and appreciated in value

3)[line 10]כחשKACHASH- it became reduced and depreciated in value

4)[line 18]כשפיטמוKESHE'PITMO- when he (the Mazik) fattened it

5)[line 28]קרנא דתורך קבירא ביהKARNA D'SORACH KEVIRA BEI- (lit. the horn of your bull in buried in it) the devaluation of my bull is solely due to the damages perpetrated by your bull

6)[line 32]וכן הלכהV'CHEN HALACHAH- and this is indeed the Halachah (a parenthetical statement of Rebbi Yehudah to indicate that he agrees with the ruling quoted by Rebbi Meir, but not with his logic)

7)[line 46]פחת שפחתו מיתה מחצין בחיPECHAS SHE'PACHOSO MISAH MACHATZIN BA'CHAI- (lit. half of the depreciation in value that was caused by the death is taken out of the live animal) the Mazik pays half of the depreciation in value that was caused by the animal's death

8)[line 49]פחת נבילהPECHAS NEVEILAH- the depreciation in value of the carcass of the dead animal between the time it was killed and the time it was sold (i.e. Ha'amadah b'Din, the time of the court case)

9)[last line]פחת נבילה דמזיק הוי פלגאPECHAS NEVEILAH D'MAZIK HEVEI PALGA- the Mazik take an equal share in the Pechas Neveilah, i.e. the Mazik as well as the Nizak absorbs the loss of the depreciation

34b----------------------------------------34b

10)[line 2]רבי יהודה אומר תם חייב ומועד פטורREBBI YEHUDAH OMER: TAM CHAYAV U'MU'AD PATUR- Rebbi Yehudah (below, Daf 45b) learns from the verses and from logic that a Shor Tam must be guarded with extraordinary surveillance while a Shor ha'Mu'ad only needs ordinary care such as a locked door that will stay closed in an average wind.

11)[line 5]מנה / חמש סלעיםMANEH / CHAMESH SELA'IM (CURRENCY OF THE TALMUD)

(a)The relationship between the various coins mentioned in the Talmud is as follows:

1.1 Sela = 2 Shekel

2.1 Shekel = 2 Dinar

3.1 Dinar = 6 Me'ah

4.1 Rova Shekel (or Sela Medinah) = 3 Me'ah

5.1 Me'ah = 2 Pundeyon

6.1 Pundeyon = 2 Isar

7.1 Isar = 8 Perutah (or sometimes 6 Perutah - see Kidushin 12a)

12)[line 12]שבח נבילהSHEVACH NEVEILAH- the appreciation in the value of the Neveilah

13)[line 19]"שלם ישלם""SHALEM YESHALEM"- "[Or if it is known that the ox used to gore in times past, and its owner has not guarded it properly;] he shall surely pay [ox for ox; and the dead ox shall be his own.]" (Shemos 21:36)

14)[line 37]שביישSHE'BIYESH- caused embarrassment (see Background to Bava Kama 32:19)

15)[line 38]שסימא את עין עבדו והפיל את שינוSHE'SIMEI ES EIN AVDO V'HIPIL ES SHINO (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.).

16)[line 40]שחבל באביו ובאמוSHE'CHAVAL B'AVIV V'IMO (CHOVEL B'AV V'EM)

(a)A person who strikes his father or mother such that blood flows from the wound, after having received a proper warning that the act is punishable with death, is liable to the death penalty of Chenek (choking), as it states in the Torah (Shemos 21:15).

(b)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 Nezek, Tza'ar, Ripuy, Sheves, and Boshes (see Background to Bava Kama 32:19 for a detailed explanation of each payment). However, if a person strikes his father or mother, since his act is of the type that is liable to the death penalty, he is exempt from the monetary obligation incurred by the act. Therefore he does not have to pay any of the five payments. (According to most Tana'im, this holds true even if the person is not actually killed, e.g. if he did not receive a proper warning - see Background to Sotah 25:2:a.)

(c)If blood does not flow from the wound when the person strikes his father or mother, the penalty is the same as Chovel b'Chaveiro. (RAMBAM Hilchos Chovel u'Mazik 4:7)

17)[line 42]הגדישGADISH- a stack of grain

18)[line 43]מפני שהוא מתחייב בנפשוMIPNEI SHE'HU MISCHAYEV B'NAFSHO (KAM LEI BID'RABAH MINEI - literally, "he remains with the worse of the two," or, a more severe punishment exempts one from the less severe one)

(a)When one performs a single act from which he incurs two punishments, or a punishment and a monetary liability, the more severe punishment exempts the sinner from the less severe one. For example, one who stabs another to death will not have to pay for the shirt that he tore while stabbing.

(b)This rule is only true if the two punishments, or the punishment and the monetary liability are caused by a "single action." If one follows the other, even by one second, the sinner is punished with both punishments. The Gemara questions what defines the difference between "a single action" and different actions. According to one opinion, the entire series of actions which define the more severe sin are considered a single action with regard to Kam Lei bid'Rabah Minei (Kesuvos 31a).

(c)There are a number of situations in which this rule does not apply:

1.Rebbi Meir holds that it only applies to a death penalty. One who is punishable with Malkos, though, is required to pay as well as to receive Malkos (Kesuvos 33b).

2.If one sins b'Shogeg, Kam Lei bid'Rabah Minei does not necessarily apply (that is, since no actual punishment is executed, the potential punishment does not exempt the sinner from monetary liability), as follows: If the sin is one which warrants the death penalty, Rav Dimi holds that Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Rabah Minei applies, while Ravin says that they both agree that it applies. If the sin is one which warrants Malkos, Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Rabah Minei applies (Kesuvos 34b-35a).

3.In certain cases, if the monetary liability is paid to a person other than the victim, the sinner may be liable to pay even though he is also punished with the death penalty or Malkos.

19a)[line 45]כל המקלקלין פטורין חוץ מחובל ומבעירKOL HA'MEKALKELIN PETURIN CHUTZ ME'CHOVEL U'MAV'IR

(a)MEKALKEL (destroying) - Normally, one is Chayav on Shabbos only for performing a Melachah that is a creative act. If a person performed an act of destruction or impairment he is Patur. (For example, digging a hole in the middle of one's floor ruins the floor, and such an act is not considered Boneh (building) and is Patur.)

(b)Although this rule applies to all other Melachos of Shabbos, there is an argument among the Tana'im as to whether it applies to the Melachos of Chaburah (making a bruise and letting blood) and Hav'arah (lighting a fire). According to Rebbi Shimon, these two Melachos are exceptions to the rule, and one is Chayav even if they only accomplished a destructive act and not a constructive one. Rebbi Yehudah, who rules "Mekalkel b'Chaburah Patur," maintains that there is no difference between these two Melachos and the other Melachos.

(c)MELACHAH SHE'EINAH TZERICHAH L'GUFAH - When a person performs a Melachah on Shabbos intentionally, but does not require the usual result of the action, Rebbi Yehudah rules that he is Chayav and Rebbi Shimon rules that he is Patur. For example, if a person digs a hole, not because he needs the hole (which would be Boneh) but rather because he needs the dirt, this is a Melachah she'Einah Tzerichah l'Gufah. (See Insights to Shabbos 12:1.)

b)[line 46]ומבעירMAV'IR- kindling a fire; igniting or prolonging combustion

20a)[line 46]פוק תני לבראPUK, TANI L'VARA- Go out and teach [your Halachos] outside [of the Beis ha'Midrash] (i.e. your opinion about this Halachah is unacceptable)

b)[line 47]אינה משנהEINAH MISHNAH- it as an incorrect Mishnah

21)[line 48]לאפרוL'EFRO- its ashes

22)[last line]דלא קבעי ליהD'LO KABA'I LEI- it (the bull) does not need it (burning down the Gadish)

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