BAVA KAMA 41 (13 Shevat) - dedicated by Steven and Lynn Farber l'Iluy Nishmas Steven's mother, Esther (bas Rav Moshe) Farber of Riverdale, NY, who passed away on 13 Shevat 5763. A descendant of the Chasam Sofer, Esther was a courageous woman whose dedication to Torah ideals affected the lives of her many students and friends.

[41a - 55 lines; 41b - 33 lines]

1)[line 9]כמעושהK'ME'USEH- coerced

2)[line 9]שור שנגח את האדם ומתSHOR SHE'NAGACH ES HA'ADAM VA'MES (SHOR HA'NISKAL)

(a)The term Shor ha'Niskal refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. One of the instances of Shor ha'Niskal is an animal that killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a.

(b)In the event that an animal killed a person, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

3a)[line 12]עבדEVED- a Nochri slave

b)[line 12]אמהAMAH- a Nochri maidservant

4)[line 16]שאמדוהו לשלשה בני אדםAMDUHU LI'SHELOSHAH BNEI ADAM- the bull ran after three people consecutively and it was estimated that had they not run away, it would have killed them

5)[line 18]שסיכן לשלשה בני אדםSHE'SIKEN LI'SHELOSHAH BNEI ADAM- the bull gored three people consecutively and caused the first two to become Gosesim (moribund), and they all died after the third goring

6)[line 24]בני אדם טרפהBNEI ADAM TEREIFAH

A Tereifah is a person who had acquired or was born with a fatal defect that will result in his death within a year. (There are some who maintain that a Tereifah can live for more than a year - see Chulin 42a-b.)

7)[line 24]לשלםSHALEM- (lit. whole) a healthy person

8)[line 25]דקטל וערק לאגמאD'KATAL V'ARAK L'AGMA- it killed and ran away to the marshes (the first two times)

9)[line 27]שהוזמו זוממי זוממיןSHE'HUZMU ZOMEMEI ZOMEMIN (EDIM ZOMEMIN)

(a)If two witnesses testify to a crime or an event and a later set of witnesses contradict their testimony by saying that the crime or event did not take place exactly as the first set of witnesses testified, all of the witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din cannot use either testimony.

(b)If, however, two witnesses testify to a crime or an event and a later set of witnesses disqualify their testimony by saying that the first set of witnesses were with them in a different place at the time that the first set of witnesses claim that the act took place, the first witnesses are termed Edim Zomemin (conspiring witnesses). The Torah commands that the second set of witnesses be believed, rather than the first. In general, Edim Zomemim are punished with the punishment they tried to cause. (Devarim 19:16-21; see Mishnah Makos 5a)

10)[line 28]לייעודי תורא/ לייעודי גבראL'YI'UDEI GAVRA / L'YI'UDEI SORA (we make the ox a Mu'ad / we make the owner a Mu'ad)

(a)The opinion that maintains "l'Yi'udei Sora" asserts that witnesses testify that an ox gored three times in order to designate the status of the ox as a Shor ha'Mu'ad - an ox which tends to damage through goring - making the owner liable to pay the full value of the damages (see Background to Bava Kama 4:7, 24:1). The witnesses must testify in court that the ox gored three times on three separate days.

The opinion that maintains "l'Yi'udei Gavra" asserts that witnesses testify that an ox gored three times in order to designate the status of the owner of the ox as a careless owner who does not guard his ox properly.

(b)The practical difference between the two opinions is that according to the opinion that maintains "l'Yi'udei Gavra" - that the owner must be proven to have been careless and to have failed to heed the warnings of the court - the ox does not become a Shor ha'Mu'ad unless the court warned the owner to watch his ox at least one day before each successive goring. If witnesses testify at one time that the ox gored on three different days in the past, then it is considered as though the ox gored only once, since the owner did not receive a warning after each of those gorings. According to the opinion that maintains "l'Yi'udei Sora," if witnesses testify at one time that the ox gored on three different days in the past, then the Shor immediately becomes a Mu'ad, and the owner will be obligated to pay the full value of the damages for any future goring (Bava Kama 24a).

(c)Rashi maintains - according to the opinion that maintains "l'Yi'udei Sora" - if witnesses testify that the ox gored on four different occasions in the past, not only does the Shor become a Mu'ad for future gorings, but the owner is also obligated to pay for the full value of the fourth goring. (The same is true when witnesses testify that the ox gored three times in the past, according to the view in the Gemara that the owner of a Shor ha'Mu'ad must pay the full value of the damages of the third goring. See Insights to Bava Kama 24a and 41a.) Most Rishonim, however, do not accept this view. They maintain that even according to the opinion that maintains "l'Yi'udei Sora," the owner does not have to pay in full until the ox gores after the owner was warned in court that his ox is a Mu'ad and that it gored a total of three (or more) times (Tosfos 23b DH v'Lo).

11)[line 33]תורא נגחנא אית לך בבקרךTORA NAGCHANA IS LACH B'VAKRACH- you have a goring bull among your cattle

12)[line 34]איבעי לך נטורי כולי בקרךIBA'I LACH NETUREI KULEI VAKRACH- you must guard all of your cattle

13)[line 36]"[וכי יגח שור את איש או את אשה ומת] סקול יסקל השור ולא יאכל את בשרו ובעל השור נקי""[V'CHI YIGACH SHOR ES ISH O ES ISHAH VA'MES,] SAKOL YISAKEL HA'SHOR, V'LO YE'ACHEL ES BESARO, U'VA'AL HA'SHOR NAKI."- "[When an ox gores a man or woman and [the person] dies,] the ox must be stoned, and its flesh may not be eaten, and the owner of the ox is exonerated." (Shemos 21:28)

14)[line 36]שנבילהNEVEILAH

A Neveilah is a carcass of an animal that died without a Halachic slaughtering. The Torah states, "You shall not eat anything that dies by itself (Neveilah). You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a Nochri, for you are a holy people to HaSh-m, your Elokim" (Devarim 14:21). The flesh of a Neveilah is prohibited to be eaten, and a k'Zayis or more of a Neveilah makes an object Tamei through Maga (contact) and Masa (carrying).

15)[line 39]לאחר שנגמר דינוL'ACHAR SHE'NIGMAR DINO- (lit. after its case was finished) after the death sentence was issued

16)[line 50]כדרך שפרט לך בנבילהK'DERECH SHE'PARAT LECHA BI'NEVEILAH- like the Torah specifies with regard to Neveilah (Devarim 14:21, see above, entry #14), that it is permitted to benefit from it

17)[line 51]לגר בנתינה ולעובד כוכבים במכירהL'GER BI'NESINAH UL'OVED KOCHAVIM B'MECHIRAH- the verse (Devarim 14:21) states the term "Nesinah" (giving) for a Ger Toshav (see Background to Kidushin 20:23b) and "Mechirah" (selling) for an idol worshipper. In either case, it is evident that it is permitted to derive benefit from the Neveilah.

18a)[line 54]אי נמי 'לא יאכל' 'את בשרו' למה לי?IY NAMI 'LO YE'ACHEL'; 'ES BESARO' LAMAH LI?- or [just the words] "v'Lo Ye'achel" [stopping there]. Why [did the verse continue and state the words] "Es Besaro"?

b)[last line]דאף על גב דעבדיה כעין בשר דשחטיה אסורAF AL GAV D'AVDEI K'EIN BASAR, D'SHACHATEI, ASUR- [To teach us that] even though one were to slaughter it like [any other Kosher animal whose] flesh [is permitted after ritual slaughter], it is prohibited


19)[line 1]היכא דבדק צורHEICHA D'BADAK TZUR (BEDIKAS SAKIN)

In order to perform Shechitah (ritual slaughter) properly, the slaughtering knife (or other sharp instrument, such as a stone) has to be checked to make sure it is not nicked in the slightest way.

20)[line 1]צורTZUR- a sharp stone

21)[line 4]במגל ידMAGAL YAD- a small hand-held scythe or sickle

22)[line 4]ובקנהKANEH- a [dried, hard] reed

23)[line 5]והשתא דנפקא ליה איסור אכילה ואיסור הנאה מ'לא יאכל' את בשרו 'בעל השור נקי' למה ליV'HASHTA D'NAFKA LEI ISUR ACHILAH V'ISUR HANA'AH MI-'LO YE'ACHEL,' 'BA'AL HA'SHOR NAKI' LAMAH LI?- (the Gemara now asks what Rebbi Avahu in the name of Rebbi Elazar learns from the words "u'Ba'al ha'Shor Naki," since he learns the prohibitions of eating and deriving benefit from the words "Lo Ye'achel")

24)[line 12]את הטפל לבשרוES HA'TAFEL LI'VESARO- that which is subordinate to its flesh

25)[line 14]שמעון העמסוניSHIMON HA'AMSUNI- Shimon of Amson, an early settlement. (According to the Gemara (Yerushalmi Berachos 9:5 and Sotah 5:5), Shimon (or Nechemyah) ha'Amsoni learned under Rebbi Akiva for 22 years. As such, after the student abandoned his teachings, the Rebbi completed the work.)

26)[line 17]פירשPIRESH- he desisted

27)[line 22]מחצי כופרCHATZI KOFER

(a)If a person's Shor ha'Mu'ad kills another person, the owner of the bull is Chayav Misah b'Yedei Shamayim and the bull is put to death by stoning. The owner can redeem himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho" (Shemos 21:30).

(b)If a Shor Tam kills a person, although the bull is put to death, the owner does not have to pay Kofer, according to most Tana'im. (According to Rebbi Yosi ha'Glili - Bava Kama 26a - a Tam pays Chatzi Kofer when it kills a person. The amount paid as Kofer is either the owner's value (if he were sold as a slave), or the dead man's value, according to the various opinions of the Tana'im (Bava Kama 27a).

28)[line 26]כשהמית את האדם על פי עד אחד או על פי בעליםSHE'HEMIS ES HA'ADAM AL PI ED ACHAD O AL PI BE'ALIM- which killed a person based upon the testimony of a single witness or the admission of its owner

29a)[line 30]לנפליםNEFALIM- (lit. stillborn fetuses) an infant that is not yet thirty days old that does not have the status of a "Ben Kayama"

b)[line 30]בן קיימאBEN KAYAMA- an infant at least thirty days old that has a "Chezkas Chai," the assumption that it will continue living

30)[last line]לציידTZAYAD- a fisherman

31)[last line]ששולה דגים מן היםSHE'SHOLEH DAGIM MIN HA'YAM- who fishes from the sea