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BAVA KAMA 61-62 - Dedicated by Drs. Shalom and Syma Kelman of Baltimore in honor of their children and grandchildren.

[62a - 39 lines; 62b - 39 lines]

1)[line 5]להגדיש גדישL'HAGDISH GADISH- to set up a stack of grain

2)[line 8]וחיפןCHIPAN- he covered them

3)[line 10]דינר זהבDINAR ZAHAV (CURRENCY OF THE TALMUD)

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

1.1 Maneh = 25 Sela'im = 100 Dinerin

2.1 Dinar Zahav (gold Dinar) = 25 Dinerin

3.1 Sela = 2 Shekel

4.1 Shekel = 2 Dinerin

5.1 Dinar = 6 Me'ah

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

7.1 Me'ah = 2 Pundeyon

8.1 Pundeyon = 2 Isar

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

(b)Another name for a Dinar is a Zuz. All of the coins listed above (including the standard Dinar) are silver, except for the Dinar Zahav, which is gold, and the Perutos, which are copper.

4)[line 14]נטירותא דכספאNETIRUSA D'CHASPA- guarding at the level of protection required for guarding silver

5)[line 24]עשו תקנת נגזל באשוASU TAKANAS NIGZAL B'ISHO (SHEVU'AS NIGZAL)

(a)When the Torah requires a person to take an oath, in most cases the person who swears becomes exempt from the claim against him after he swears (Mishnah Shevuos 44b). The Mishnah (ibid.) lists a number of exceptions to this rule, where the person who swears collects his claim after he takes his oath.

(b)One of those people who are "Nishba'in v'Notlin" ("who swear and collect") is a Nigzal, a person who was robbed. If two witnesses saw the robber enter a person's house and take items, the homeowner may swear and collect anything that he claims that the robber took.

6)[line 24]במסורB'MASUR (MOSER)

A Moser is an informer, who causes his friend's possessions to be expropriated by a Nochri. When a Moser causes his friend's object to be handed over ("Masur") to the Nochrim, Ameimar asks whether the Takanas ha'Nigzal applies to the object, and the person can swear and claim compensation for the object from the Moser.

7)[line 25]דינא דגרמיDINA D'GARMI

(a)There are two manners of causing indirect damage. The less direct manner is known as "Gerama," for which even Rebbi Meir (Kesuvos 86a) does not hold a person liable. The more direct manner is known as "Garmi," for which Rebbi Meir holds a person liable. (The Rishonim argue as to the definition of "more direct.")

(b)Rebbi Meir holds a person liable for damaging another person or his possessions even in an indirect manner. For example, not rebuilding a fence that separates between the fields of two landowners may cause one person's vines to prohibit the grain of his neighbor as Kil'ayim (see Background to Yevamos 81:11). Rebbi Meir holds the person who did not rebuild his fence liable for causing the other field to become prohibited.

8)[line 27]דבטש בכספתא דחבריהD'VATASH B'CHASPESA D'CHAVREI- who kicked his friend's safe (that was used almost exclusively to store coins only)

9)[line 27]שדייה בנהראSHADYEI B'NAHARA- and cast it into the river

10)[line 33]מרגניתאMARGENISA- a gemstone or pearl

11)[line 35]אמידAMID- wealthy

12)[line 35]מהימנאMEHEIMNA- trustworthy

13)[line 36]לאו כל כמיניהLAV KOL KEMINEI- he does not have such power [to swear and collect the value of a Margenisa]

14a)[line 37]גזלןGAZLAN- a robber (who brazenly burglarizes and takes the possessions of others by force)

b)[line 37]לחמסןCHAMSAN- an extortionist (who snatches an article and forces the owner to accept money for it)

15)[line 38](תלוה) [תלוהו] וזבין זביניה זביני(TALUHA) [TALUHU] V'ZAVIN; ZEVINEI ZEVINI- lit. when they hanged him [in a tree] and he sold [an object or a piece of land,] the sale is a sale, i.e. it is valid. If a person is physically forced to sell an item or a piece of land (and to accept money for it), as long as he says (even under duress) that he agrees to the sale, the sale is valid (Bava Basra 47b).

16)[last line]הא דאמר רוצה אניHA D'AMAR ROTZEH ANI- in this case (Taluha v'Zavin; Zevinei Zevini), he (the seller) [eventually] said "I want [to sell]!"

62b----------------------------------------62b

17)[line 1]גץGETZ- a spark

18)[line 1]הפטישPATISH- a hammer

19)[line 2]גמל שהיה טעון פשתןGAMAL SHE'HAYAH TA'UN PISHTAN- a camel that was loaded with flax

20)[line 6]בנר חנוכה פטורB'NER CHANUKAH PATUR- if the fire of his Chanukah Menorah did damage, he is not liable

21)[line 8]נר חנוכה מצוה להניחה בתוך עשרהNER CHANUKAH, MITZVAH L'HANICHAH B'SOCH ASARAH- in order to fulfill the Mitzvah of the Chanukah lights when they are placed outside of one's house, they must be placed within ten Tefachim (approximately 76, 80, or 96 cm, depending upon the differing Halachic opinions) of the ground

22)[line 16]כסוכהSUKAH

(a)Jewish males above the age of thirteen are commanded to sit in a Sukah (a small hut or booth) for the seven days of the holiday of Sukos, as it states, "ba'Sukos Teishevu Shiv'as Yamim" - "You shall sit in Sukos for seven days" (Vayikra 23:42). Women are exempt because it is a Mitzvas Aseh sheha'Zeman Gerama. Sleeping, eating meals and all respectable daily tasks must be done in the Sukah instead of in one's house. Eating snacks and doing temporary duties are permissible outside of the Sukah.

(b)The main part of the Sukah is the roof, or Sechach, for which the Sukah is named. The Sechach is taken from materials that once grew in the ground such as cut branches, wood, or bamboo. They must be detached at the time that the Sukah is built, and they cannot be Mekabel Tum'ah (receive Tum'ah, Halachic impurity — see Background to Nazir 54:13). If they have any Beis Kibul (a part that acts as a container), they are invalid, since utensils are Mekabel Tum'ah.

(c)The Sukah may not be less than ten Tefachim or more than twenty Amos high. The length and width may not be less than seven Tefachim. At least three walls are required, but as long as two adjacent walls are complete, a Halachah l'Moshe mi'Sinai states that the third wall need not be wider than a Tefach (see RAMBAM Hilchos Sukah 4:2).

23)[line 16]וכמבויMAVOY

A Mavoy is an alleyway that is enclosed on three sides, through which the people of the surrounding courtyards must pass in order to go out to the street (Reshus ha'Rabim). Although mid'Oraisa such a Mavoy is a Reshus ha'Yachid (private domain), nevertheless, the Chachamim prohibited carrying objects in it a distance of four Amos or more. This decree was enacted because of its similarity to a Reshus ha'Rabim, since many families make use of a single Mavoy. Carrying in a Mavoy is only permitted if a beam (Korah) that is a Tefach thick is placed horizontally above the entrance of the Mavoy, or if a stick (Lechi) is placed vertically against one of the walls at the entrance of the Mavoy. The Korah must not be placed higher than 20 Amos, so that it will be noticeable. These signs signal the border of Reshus ha'Rabim and Reshus ha'Yachid.

PEREK #7 MERUBAH

24)[line 18]תשלומי כפלTASHLUMEI CHEFEL - a thief's double restitution

(a)If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel."

(b)Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a robber ("Gazlan"), who brazenly burglarizes and takes the possessions of others by force. Chazal explain that the Torah punishes a thief more stringently than a robber because of the disrespect he shows for the Creator. By taking care to avoid the eyes of man, while not being bothered in the least by the eye of the One Above that is constantly watching, he exhibits his lack of belief in HaSh-m (Bava Kama 79b).

(c)A thief does not pay Kefel unless he makes a "Kinyan," an act of acquisition, on the object that he steals (e.g. by lifting it up, bringing it into his own property, drawing it towards himself in a semi-secluded area, etc.). If he simply broke or ruined another person's object without making a Kinyan on it first, he is not considered to be a "Ganav" but a "Mazik" ("one who causes damage"), and he does not pay Kefel.

(d)Kefel, like any other payment that involves over-compensation for a monetary loss, is considered a "Kenas" (penalty) rather than "Mamon" (compensation). As is true of every Kenas, a thief does not have to pay Kefel if he admits to his theft of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to the theft of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay the Kefel (Bava Kama 74b-75a — he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until he is obligated to pay the Kefel in court, the thief is fully exempt from paying Kefel, and does not even have a moral obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also RAMBAN in Milchamos at the end of the third Perek of Kesuvos).

25)[line 18]תשלומי ארבעה וחמשהTASHLUMEI ARBA'AH VA'CHAMISHAH - a thief's quadruple and quintuple restitution for the theft and subsequent slaughter or sale of a sheep or ox, respectively

(a)If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel" (see previous entry).

(b)If the object that was stolen was a live sheep or ox, and the thief either slaughtered or sold it, the Torah (Shemos 21:37) places an even stiffer fine on the thief. In the case of a stolen sheep that was slaughtered or sold, the thief must compensate the owner a total of four times its actual value ("Arba'ah"), while in the case of a stolen ox that was slaughtered or sold the thief must compensate the owner a total of five times its actual value ("Chamishah"). This law does not apply to any other object or animal that is stolen. Chazal (Bava Kama 79b) explain that the Torah was more lenient with a person who steals a sheep than with one who steals an ox, since he already suffered a somewhat demeaning experience of walking with a sheep on his shoulders (as opposed to the ox-thief, who presumably led the ox on foot before him).

(c)A thief does not pay Arba'ah va'Chamishah for slaughtering a sheep or ox unless he, or a person he appoints, performs a proper ritual slaughter (i.e. a Shechitah of the type that normally permits an animal to be eaten). According to some Amora'im (Bava Kama 68a), a thief does not pay Arba'ah va'Chamishah for selling a sheep or ox unless he sold it after "Ye'ush Ba'alim" (i.e. the owner lost all hope of recovering the sheep or ox, see Background to Gitin 37:30:a), while according to others he only pays Arba'ah va'Chamishah if he sells it before Ye'ush Ba'alim.

(d)Arba'ah va'Chamishah, like any other payment that involves over-compensation for a monetary loss, is considered a "Kenas" (penalty) rather than "Mamon" (compensation). As is true of every Kenas, a thief does not have to pay Arba'ah va'Chamishah if he admits to his guilt of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to his guilt of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay Arba'ah va'Chamishah (Bava Kama 74b-75a — he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until he is obligated to pay the Arba'ah va'Chamishah in court, the thief is fully exempt from payment and does not even have a moral obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also RAMBAN in Milchamos HaSh-m at the end of the third Perek of Kesuvos).

26)[line 21]"כי יגנוב איש שור או שה, וטבחו או מכרו; חמשה בקר ישלם תחת השור, וארבע צאן תחת השה""KI YIGNOV ISH SHOR O SEH, U'TVACHO O MECHARO; CHAMISHAH VAKAR YESHALEM TACHAS HA'SHOR, V'ARBA TZON TACHAS HA'SEH"- "If a person steals an ox or sheep and then slaughters or sells it, he must repay five oxen for each ox, and four sheep for each sheep" (Shemos 21:37).

27)[line 24]בטוען טענת גנבTO'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 principal 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 principal, 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 slaughters or sells it, 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.

28)[line 29]מי קתני אין ביןMI KETANI EIN BEIN?- Does the Mishnah use the phrase "Ein Bein..." - "the only difference is..." [implying that the differences listed are the only ones that exist]?

29)[line 30]תנא ושיירTANA V'SHIYER- the Tana taught certain Halachos in the Mishnah and left out other Halachos

30)[line 30]"על כל דבר פשע על שור על חמור על שה על שלמה על כל אבדה אשר יאמר כי הוא זה...]""AL KOL DEVAR PESHA; AL SHOR, AL CHAMOR, AL SEH, AL SALMAH, AL KOL AVEIDAH ASHER YOMAR KI HU ZEH...]"- "In every case of liability, whether it be for an ox, for a donkey, for a sheep, for a garment, or for any kind of lost thing, about which he will say that this is it, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double to his neighbor]" (Shemos 22:8).

31)[line 32]כלל ופרט וכלל אי אתה דן אלא כעין הפרטKLAL U'FRAT U'CHLAL IY ATAH DAN ELA K'EIN HA'PRAT

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael, who is Doresh Klalei and Pratei (see Background to Kidushin 21:15), lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Klal u'Frat u'Chelal Iy Atah Dan Ela k'Ein ha'Prat.

(b)When a Klal (general term) is followed by a Prat (specification), which is followed in turn by another Klal, then everything belonging to the general category that is similar to the Prat is included. Anything that is not in the general category of the limiting Prat is not included.

32)[line 34]יצאו עבדים שהוקשו לקרקעותYATZ'U AVADIM SHE'HUKSHU L'KARKA'OS- slaves are excluded since they are compared to land

33)[line 36]דבר שנבלתו מטמא במגע ובמשאDAVAR SHE'NIVLASO METAMEI B'MAGA UV'MASA

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 El-okim" (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). The Neveilah of a bird, though, does not make an object Tamei through Maga and Masa.

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