[57a - 36 lines; 57b - 44 lines]

1)[line 14]דכיון דנקטי להו ניגרא ברייתא בעי נטירותא יתירתאD'KEIVAN D'NAKTEI LEHU NIGRA BARYASA, BA'EI NETIRUSA YESEIRTA- since they have been taken by the impulse to wander outside, they require extra protection (from going out)

2)[line 16]"לא תראה את שור אחיך או את שיו נדחים והתעלמת מהם השב תשיבם לאחיך""LO SIR'EH ES SHOR ACHICHA, O ES SEYO NIDACHIM, V'HIS'ALAMTA MEHEM; HASHEV TESHIVEM L'ACHICHA"- "You shall not see the ox of your brother or his sheep cast off, and hide yourself from them; you must certainly return them to your brother." (Devarim 22:1)

3a)[line 17]לגינתוGINASO- his garden

b)[line 17]ולחורבתוCHURVASO- his destroyed building

4)[line 31]הטוען טענת גנב באבידהHA'TO'EN TA'ANAS GANAV B'AVEIDAH

TO'EN TA'ANAS GANAV

(a)The Torah establishes the degree of responsibility that a Shomer has when he accepts upon himself to guard his friend's object and he does not specify any other acceptance of responsibility at the time the object is given to him. The Torah divides the degrees of responsibility into four categories of Shomrim: Shomer Chinam, Shomer Sachar, Socher, and Sho'el — see Background to Bava Kama 104:6.

(b)A Shomer Chinam is liable for damages only in cases of Peshi'ah (negligence), but not in cases of theft or loss, and certainly not in a case of Ones (an unavoidable accident). When the Shomer Chinam claims that the object was stolen or lost or that an Ones occurred, he must make an oath (1) that he was not negligent (Poshe'a) in guarding the object, and (2) that he did not send forth his hand to use the object without permission, and (3) that the object is not in his possession. Once he makes this Shevu'ah, he is exempt from paying the owner for the object.

(c)If the Shomer claimed that the object was lost or that an Ones happened and he made a Shevu'ah as mentioned above, and then witnesses came and testified that he himself stole the object and that the object is still in his possession, he is obligated to return the object to its owner (if he made the Shevu'ah in Beis Din after the Beis Din required that he make the abovementioned oath, there is an opinion that maintains that he is exempt from paying, since he acquired the object by making a Shevu'ah; see Insights to 106a). If, after making a Shevu'ah, the Shomer admitted that he stole the item (whether he admits before witnesses come or after witnesses come), he must pay the principle of the object that he stole, and he must add to it a Chomesh, an additional fifth (of the ensuing total, or a quarter of the original value), and he must bring a Korban Asham Gezeilos. This is called "To'en Ta'anas Avad," or "To'en Ta'anas Ones."

(d)If the Shomer claimed that the object was stolen and he exempted himself from paying for it by making the three Shevu'os mentioned above, and then witnesses came and testified that he himself stole it, the Shomer is obligated to pay Kefel (double the value of the object), for the Torah gives him the status of a Ganav (which is what he claimed happened to the object), and not just the status of a Gazlan (who does not pay Kefel). This is called "To'en Ta'anas Ganav." If he admitted on his own before witnesses came, he must pay the principle, Chomesh, and bring a Korban Asham, and he is exempt from paying Kefel, since Kefel is a Kenas (penalty) and one who admits to the Chiyuv of a Kenas is exempt from paying it (see Background to Bava Kama 14:20). If he admitted after witnesses came, he must pay Kefel (since he made a claim that the item was stolen, "To'en Ta'anas Ganav"), and he must bring a Korban Asham, but he is exempt from paying a Chomesh because it is included in the Kefel. (This is according to the Chachamim, Bava Kama 65b; there is one opinion that says that under certain circumstances he also pays a Chomesh, and there is another opinion that says that the Kefel even exempts him from bringing the Korban Asham.)

(e)One who is "To'en Ta'anas Ganav" with regard to an animal that was entrusted with him, and then he slaughtered or sold it, he is obligated to pay Arba'ah v'Chamishah, like a Ganav who stole an animal and slaughtered or sold it (Bava Kama 106b). Similarly, one who found a lost object (Aveidah) and is guarding it, and then claims that it was stolen ("To'en Ta'anas Ganav b'Aveidah") is obligated to pay Kefel..

5) [line 34] שטוען טענת לסטים מזויין SHE'TO'EN TA'ANAS LISTIM MEZUYAN - he (the person watching the Aveidah) claims that armed bandits stole the object from him (if the claim is true, he would be Patur because of Ones)

6)[line 35]גזלןGAZLAN- a robber (who brazenly burglarizes and takes the possessions of others by force)

7)[last line]כיון דמיטמר מאינשיKEIVAN D'MITMAR ME'INSHEI- since he hides from people

57b----------------------------------------57b

8)[line 10]"[וכי ישאל איש מעם רעהו] ונשבר או מת [בעליו אין עמו שלם ישלם]""[V'CHI YISH'AL ISH ME'IM RE'EHU,] V'NISHBAR O MES, [BE'ALAV EIN IMO, SHALEM YESHALEM]"- "[When a man borrows [an item] from his friend,] and it breaks or dies, [when the owner is not with him, he shall certainly pay." (Shemos 22:13)

9)[line 21]הלהHALAH- this one (the one who rented the cow)

10)[line 21]הריני משלם ואיני נשבעHAREINI MESHALEM V'EINI NISHBA- I hereby [want to] pay and I am not going to take an oath [to exempt myself]

11)[line 24]שוכר כנושא שכר דמיSOCHER K'NOSEI SACHAR DAMI - one who rents (Socher) an item has the same responsibilities as one who guards someone's item for pay (Nosei Sachar (or Shomer Sachar))

The Socher, or renter, is one of the four watchmen mentioned in the Torah (see Background to Bava Kama 44:21). He pays money to rent an item from his friend. There is a Machlokes Tana'im in Bava Metzia (93a) whether the Socher has the status of the Nosei Sachar, or the status of a Shomer Chinam. The Halachah follows the opinion that he has the status of a Nosei Sachar, and as such he is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident).

12)[line 32]כדמחליף רבה בר אבוה ותניKED'MACHLIF RABAH BAR AVUHA V'SANI- like Rabah bar Avuha switched the opinions [of Rebbi Meir and Rebbi Yehudah] and taught

13)[line 38]בנחבטהB'NECHBETAH- the animal struck against the grain, pressing it down and ruining it

14)[line 40]היה לה שלא תאכלHAYAH LAH SHE'LO SOCHAL- it should not have eaten them (that is, the owner of the animal can exempt himself, according to the Havah Amina of the Gemara, by saying that his animal should not have eaten the food)

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