[43a - 28 lines; 43b - 38 lines]

1)[line 1]אמר רבה בגרושהAMAR RABAH, B'GERUSHAH- Rabah taught that the Beraisa brought on the previous Amud (line 50) is referring to the case where the injured woman was divorced

2)[line 2]תיפלוג בדמי ולדותTIFLOG BI'DEMEI VELADOS- [If we are dealing with a divorced woman,] she should also get a share of the Demei Velados

3)[line 7]גבו קרקע יש לו גבו מעות אין לוGAVU KARKA YESH LO; GAVU MA'OS EIN LO (YERUSHAS BECHOR B'SHEVACH SHE'SHIBECHU NECHASIM L'ACHAR MISAS AVIHEM - A firstborn son does not receive a double portion of the appreciation of property after the father's death)

(a)The first viable male born to a father inherits a double portion of the estate upon his father's death (Mishnah Bechoros 46a). For example, if there are two brothers, the money is divided into three, and the Bechor receives two thirds; if there are three brothers, the money is divided into four, and the Bechor receives two quarters.

(b)A Bechor only receives a double portion from the assets that were in the possession of the father at the time of death, as it states, "Ki Es ha'Bechor Ben ha'Senu'ah Yakir, Lases Lo Pi Shenayim b'Chol Asher Yimatzei Lo" - "He must recognize the firstborn son of the hated wife to give him a double portion of everything in his possession (lit. that is found with him)" (Devarim 21:17). Assets that will come into the possession of the estate after the father's death are termed "Ra'uy," i.e. "expected [to come into his possession]." The following are a few examples of assets that are Ra'uy, in which a Bechor does not receive a double portion:

1.If one of the father's relatives dies after the father, the Bechor does not receive a double portion of that inheritance.

2.If the father is owed money, even if the debt was written in a document that was in the possession of the father, the Bechor does not receive a double portion of the debt if it is paid after the father's death.

3.There is a Machlokes Tana'im (Bava Basra 124a) as to whether a Bechor receives a double portion of "Shevach she'Shibechu Nechasim l'Achar Misas Avihem," the appreciation of property that is brought about by human efforts after the father's death; e.g. stalks of wheat that produce grain and trees that produce fruit. However, a Bechor does receive a double portion of a small tree that grows on its own, without any expenditure, into a large tree; this is called Matzuy l'Aviv since the tree has not changed form after the father's death (SEFER HA'CHINUCH #400).

(c)In the above-mentioned Machlokes, Rebbi rules that a Bechor receives a double portion of "Shevach she'Shibechu Nechasim l'Achar Misas Avihem," while Rabanan rule that such appreciation is termed "Ra'uy." When a debt is repaid with interest (e.g. using a Heter Iska) after the father's death, the Rabanan ruled that a Bechor receives a double portion of the debt but not of the interest. Rabah and Rav Yosef argue with regard to the opinion of the Rabanan as to the specific case with which they were dealing.

(d)Rabah rules that the case involved the orphans collecting the debt in land, which is considered Muchzak to the father since it is Meshubad to the loan. Collecting their debt in coins is considered Ra'uy since "Milvah l'Hotza'ah Ninhu" - "[the money of] a loan is given to be spent." Rav Nachman rules conversely, since the loan was given in coins (Muchzak) and not land (Ra'uy) (see RASHBAM to Bava Basra 124b DH Gavu Karka b'Chov). Hence, in our Sugya, had the Beraisa followed the opinion of the Rabanan, Rabah and Rav Nachman did not have to rule that we are dealing with a Gerushah. In order for the payments of Nezek and Tza'ar to be considered Ra'uy, it would have been sufficient for Rabah to state that the debt was collected in coins and Rav Nachman could have stated that the debt was collected in land.

4)[line 9]לבני מערבאBNEI MA'ARAVA- (lit. the people of the west) the people of Eretz Yisrael (source - Bava Basra 124b)

5)[line 17]בן חוריןBEN CHORIN- (lit. a freeman) a Jew, as opposed to a Nochri slave

6)[line 23]דמיםDAMIM- the monetary value [of the Nizak on the slave market]

7)[line 27]מיהו שנוייא דחיקא לא משנינא לךMIHU SHINUYA DECHIKA LO MESHANINA LACH- but I will not answer you with forced answers

43b----------------------------------------43b

8)[line 2]דאי אתו סהדי ואסהידו ביה דקטלD'IY ASU SAHADEI, V'AS'HIDU BEI D'KATAL- if witnesses came and testified that it (the bull) killed [a person]

9)[line 9]כל שחייב בבן חורין חייב בעבד בין בכופר בין במיתהKOL SHE'CHAYAV B'VEN CHORIN, CHAYAV B'EVED; BEIN B'KOFER BEIN B'MISAH- (lit. In every case of payment of Kofer or of stoning a killer bull, it makes no difference whether the victim is a freeman or a slave) the Gemara will examine and explain this line presently

10)[line 10]הוא מותיב לה והוא מפרק להHU MOSIV LAH, V'HU MEFAREK LAH- he asked the question and he himself answered it

11)[line 15]כפות לוKAFUS LO- tied up [to the stack of stalks of grain]

12)[line 16]שהצית בגופו של עבדKESH'HETZIS B'GUFO SHEL EVED- when he set the slave on fire

13)[line 17]דקם ליה בדרבה מיניהKAM LEI BID'RABAH MINEI

See Background to Bava Kama 42:7.

14a)[line 18]דבר הראוי להDAVAR HA'RA'UY LAH- thing that are normally damaged by it, i.e. dried grain

b)[line 18]דבר שאין ראוי להDAVAR SHE'EIN RA'UY LAH- thing that are not normally damaged by it, i.e. stones and a plowed field

15)[line 25]מיהתMIHAS- however

16)[line 27]"אם עבד [יגח השור]""IM EVED [YIGACH HA'SHOR...]"- "If [the ox shall gore] a manservant [or a maidservant, he shall give to their master thirty Shekels of silver, and the ox shall be stoned.]" (Shemos 21:32)

17)[line 29]גברא אגברא קא רמיתGAVRA A'GAVRA KA RAMIS?!- Are you asking a question from [the ruling of] one sage (Reish Lakish - 43a) onto [the ruling of] another (Rebbi Yochanan)?!

18)[line 34]"או בן יגח או בת יגח...""O VEN YIGACH O VAS YIGACH..."- "Whether it has gored a son, or has gored a daughter, [according to this judgment shall it be done to it.]" (Shemos 21:31)

19a)[last line]שלא עשה בו קטנים כגדוליםSHE'LO ASAH BO KETANIM KI'GEDOLIM- where a minor who kills is not the same as an adult who kills

b)[last line]חייב בו על הקטנים כגדוליםCHAYAV BO AL HA'KETANIM KI'GEDOLIM- [the adult] is liable [to the death penalty] whether he kills a minor or an adult

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