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BAVA KAMA 42 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

[42a - 37 lines; 42b - 52 lines]

1)[line 1]משכח רברבי שקיל זוטרי שקילMASHKACH RAVREVEI SHAKIL; ZUTREI SHAKIL- when he catches large [fish,] he keeps them; small [fish,] he keeps them, [too]

2)[line 4]שדי זוטרי ושקיל רברביSHADI ZUTREI V'SHAKIL RAVREVEI- [when he has limited space (RASHI),] he throws back the small fish and takes the large [ones]

3)[line 6]מדמי ולדותDEMEI VELADOS - the value of fetuses

(a)When a pregnant woman miscarries after being struck accidentally by a person, the verse states "Ka'asher Yashis Alav Ba'al ha'Ishah..." - "for whatever the husband will sue him, he will pay [i.e. the value of fetuses], as determined by the courts" (Shemos 21:22).

(b)If a Shor ha'Mu'ad causes a woman to miscarry, Rebbi Yosi ha'Glili learns from the verse, "u'Ba'al ha'Shor Naki," that the owner of the ox does not pay Demei Velados (Bava Kama 42a).

4)[line 7]"כי ינצו אנשים...""KI YINATZU ANASHIM..."- "If men quarrel, [and hurt a pregnant woman, so that her fetuses depart from her, and yet no further harm follows; he shall be surely punished, for whatever the husband will sue him, he will pay [i.e. the value of fetuses], as determined by the courts" (Shemos 21:22).

5)[line 12]יציבא בארעא וגיורא בשמי שמיא!?YATZIVA B'AR'A, V'GIYORA BI'SHMEI SHEMAYA?!- (lit. how can the citizen be down on the ground, while the [lowly] visitor is [high above him] in the upper heavens?) i.e. the assumption of Rav Ula brei d'Rav Idi is not logical since at one stage he states that a Mu'ad (the visitor) would be exempt from payment while a Tam (the citizen) would be Chayav?!

6)[line 18]בושתBOSHES (SHOR SHE'BIYESH)

(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 the 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)The owner of an animal that wounds a person is only required to pay for the damages (Nezek), as is learned from the verse, "[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). The Gemara (Bava Kama 26a, 33a) learns from this verse that only people are required to pay the extra four payments.

7)[line 25]אין אסון באשה יענשו; יש אסון באשה לא יענשוEIN ASON BA'ISHAH, YE'ANSHU; YESH ASON BA'ISHAH, LO YE'ANSHU - ... if there was a tragedy (i.e. death) for the woman, he shall not be punished (for Demei Velados, as "a more severe punishment exempts one from the less severe punishment") (KAM LEI BID'RABAH MINEI)

See Background to Bava Kama 34:18.

8)[line 28]אטו באסון תליא מילתא בכוונה תליא מילתאATU B'ASON TALYA MILSA?! B'CHAVANAH TALYA MILSA (NISKAVEN LAHAROG ES ZEH V'HARAG ES ZEH)

(a)The Torah prescribes the death penalty as punishment for intentional murder. If a person inadvertently kills, he is not liable to the death penalty.

(b)When a person intends to kill one person and kills someone else, the Tana'im argue (Sanhedrin 79a) as to whether he is liable to the death penalty or not.

(c)Rebbi Shimon, who exempts the killer from the death penalty, rules that he must pay the value of the dead man (on the slave market) to his heirs.

9)[last line]מדמי עבדMI'DEMEI EVED (SHELOSHIM SHEL EVED)

(a)If a person's Shor ha'Mu'ad kills another person, the bull is put to death by stoning (see Background to Bava Kama 40:28) and the owner of the bull is Chayav Misah b'Yedei Shamayim. 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; see Background to Bava Kama 23:22). If the bull intended to kill another animal, and instead killed a person, the bull is not put to death, and the Amora'im argue whether the owner must pay Kofer (Bava Kama 43b-44a).

(b)If one's Shor ha'Mu'ad kills another person's Nochri slave (Eved Kena'ani - see Background to Kidushin 22:16), instead of paying Kofer, the owner of the bull must pay 30 Shekalim (Sela'im) to the slave's master. This payment does not vary with the value of the slave that was killed, and it is therefore deemed a "Kenas" (see Background to Bava Kama 74:5). Therefore, if the owner of the bull admits in court that his bull killed a slave (without having been found guilty through the testimony of witnesses), he is exempt from paying the 30 Shekalim.

42b----------------------------------------42b

10)[line 18]משלם במותר נזק שלםMESHALEM BA'MOSAR NEZEK SHALEM- he pays complete compensation for the extra. That is, in a case where a man damages someone's Shor, and the Shor damages the person (and the Shor is a Shor Tam), and the damage done by the Shor to the man is greater than the damage done by the man to the Shor, the owner of the Shor must pay the complete difference, Nezek Shalem (and not just half of the difference, Chatzi Nezek).

11)[line 21]והא תבריה רבי עקיבא לגזיזיהHA TAVREI REBBI AKIVA LI'GEZIZEI- but Rebbi Akiva "broke the strength of his fist" (i.e. he retracted his opinion)

12)[line 23]"[או בן יגח או בת יגח,] כמשפט הזה יעשה לו""[O VEN YIGACH, O VAS YIGACH,] KA'MISHPAT HA'ZEH YE'ASEH LO"- [Or if it gores a minor boy, or a minor girl,] then in accordance with this law shall be done to him" (Shemos 21:31).

13)[line 41]"והמית איש או אשה... אם כופר יושת עליו""... V'HEMIS ISH O ISHAH... IM KOFER YUSHAS ALAV..."- "[But if the ox was wont to gore with its horn in times past, and its owner had been warned, but he had not watched it properly,] and it killed a man or a woman; the ox shall be stoned, and its owner also shall pay Kofer, i.e. ransom (lit. be put to death). When he is required to pay Kofer, then he shall give for the redemption of his life whatever is laid upon him" (Shemos 21:29-30).

14a)[line 46]יריתYARIS- inherit

b)[line 46]ירית לה בעלYARIS LAH BA'AL (YERUSHAH: HA'BA'AL YORESH ES ISHTO NESU'AH V'LO ARUSAH)

(a)A husband is entitled to inherit his wife's estate upon her death. The Tana'im argue as to whether the inheritance of a wife's estate by her husband is mid'Oraisa or mid'Rabanan. According to those who rule that it is mid'Rabanan, the Torah law dictates that her estate go to her sons, her father or to her closest blood relative. The Rabanan gave her inheritance to her husband using the power of "Hefker Beis Din Hefker" (see Background to Gitin 36:29).

(b)According to the Tana'im who rule that the inheritance of the husband is mid'Oraisa, it is learned from the verse, "li'She'ero ha'Karov Eilav mi'Mishpachto, v'Yarash Osah" - "[And if his father has no brothers, then you shall give his inheritance] to his next of kin from his family, and he shall possess it..." (Bamidbar 27:11). Chazal interpret the words "v'Yarash Osah" as applying to his wife, "and he shall inherit her." For this purpose, one of the Amora'im rearranges the verse to read, "l'Karov Eilav mi'Mishpachto, She'ero v'Yarash Osah" - "[then you shall give his inheritance] to his next of kin from his family; and his wife, he shall inherit her" (Bava Basra 111b).

15)[line 46]"וירש אותה""V'YARASH OSAH"- (Bamidbar 27:11) - see previous entry

16)[line 48]ואין הבעל נוטל בראוי כבמוחזקEIN HA'BA'AL NOTEL BA'RA'UY KEVA'MUCHZAK - A husband does not receive a portion from assets that have not reached the hands of his wife

(a)See above, entry #14b.

(b)A husband only receives an inheritance from the assets that were in the possession of his wife at the time of death. He does not inherit Ra'uy, i.e. assets that were not in the hands of a person when he dies but would have come to him eventually. The following are a few examples in which a husband does not receive a portion:

1.If one of the wife's relatives dies after her, the husband does not receive a portion of that inheritance (RASHI).

2.If the wife is owed money, even if the debt was written in a document that was in the possession of the wife, the husband does not receive a portion of the debt if it is paid after the wife's death (RAV OVADYAH MI'BARTENURA).

3.A husband does not receive a portion of the appreciation of property that is brought about by human efforts after the wife's death; e.g. stalks of wheat that produce grain and trees that produce fruit. However, a husband does receive a portion of a small tree that grows on its own, without any expenditure, into a large tree; this is called Matzuy l'Ishto since the tree has not changed form after the wife's death (SEFER HA'CHINUCH #400).

17a)[line 51]אין הבעל נותן ליורשיוEIN HA'BA'AL, NOSEN L'YORSHAV- if the husband is dead, it (the Demei Velados - see above, entry #3) is given to his heirs

b)[last line]אין האשה נותנת ליורשיהEIN HA'ISHAH, (NOSENES) [NOSEN] L'YORSHEHA- if the wife is dead, it (the payments of Nezek and Tza'ar) are given to her heirs (but not her husband)

18a)[last line]היתה שפחה ונשתחררהHAYESAH SHIFCHAH V'NISHTACHRERAH- if the woman was a freed maidservant [married to a freed slave]

b)[last line]ה יתה שפחה ונשתחררה, או גיורת; זכהHAYESAH SHIFCHAH V'NISHTACHRERAH, O GIYORES; ZACHAH- if the woman was a freed maidservant [married to a freed slave] or a convert [married to a convert] and the couple died, the Mazik gets to keep his money

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