BAVA KAMA 65 (7 Adar) - dedicated in honor of the Yahrzeit of Moreinu Ha'Rav Ha'Gaon Rav Shaul David Ha'Kohen Margulies ZT'L - Av Beis Din of Prushkov, close disciple of ha'Gaon Rav Meir Shapiro (initiator of the Daf ha'Yomi) and later Rav of Congregation Degel Israel (Queens, N.Y.) - and in memory of Harav Chaim Avraham ben Harav David Zusman Sheinfeld. Dedicated by Rebbetzin Margulies and Rabbi and Mrs. David Sheinfeld.

[65a - 27 lines; 65b - 46 lines]

1a)[line 1]גגוGAGO- his roof

b)[line 1]חצירוCHATZEIRO- his courtyard

c)[line 1]וקרפיפוKARPIFO- his Karpaf, an enclosed area that is located outside of a settlement, used for storage and other such purposes. Since it is fully enclosed, a Karpaf is a Reshus ha'Yachid even though it was not enclosed for residential purposes.

2)[line 9]אמינא כי ניים ושכיב רב אמר להא שמעתאAMINA, KI NAYIM V'SHACHIV RAV, AMAR L'HAI SHEMA'ATA- I say that Rav must have been dozing off or sleeping when he stated this teaching (see Insights)

3)[line 12]אנא פטימנא ואת שקלת!?ANA PATIMNA, V'AT SHAKALT!?- I fattened it up, and you are taking [my money for] it!?

4)[line 15]מה לי קטלה כולה מה לי קטלה פלגא?MAH LI KATLAH KULAH, MAH LI KATLAH PALGA?- What difference is there if he kills it or wounds it? (lit. if he kills it entirely or if he kills it partially)

5)[line 17]ביוקרא וזולאYUKRA V'ZULA- appreciation in market value, and depreciation in market value

6)[line 20]חביתא דחמראCHAVISA D'CHAMRA- a barrel of wine

7)[line 22]תברהTAVRAH- he broke it

8)[line 24](כשעתה עמדה) [כשעת העמדה] בדין(K'SHA'ATAH AMDAH) [KI'SHE'AS HA'AMADAH] B'DIN- (the letter "Heh" belongs to the second word; this error has been corrected in recent printings of the Gemara, such as Wagshal and Oz v'Hadar) like its value at the time the verdict is passed (see Insights)

9)[last line]וחומשו עולה לו בכפילוV'CHUMSHO OLEH LO BI'CHEFEILO- and the fifth that he owes (as a penalty for swearing falsely that the item was stolen from him) is covered by the Tashlumei Kefel which he must pay (for stealing the item) (the Gemara later explains how this works; as Rashi explains, the Chomesh serves as an atonement for making a false Shevu'ah, and thus, when the Kefel is the same value as the Chomesh, the Kefel can acquire that atonement as well, see RASHI)


10)[line 1]"[... ושלם אתו] בראשו וחמשתיו [יסף עליו לאשר הוא לו יתננו ביום אשמתו. ואת אשמו יביא...]""[... V'SHILAM OSO] B'ROSHO, VA'CHAMISHISAV [YOSEIF ALAV; LA'ASHER HU LO YITNENU B'YOM ASHMASO. V'ES ASHAMO YAVI...]"- "[Or all that about which he has sworn falsely; he shall restore it] in full, and [shall add] a fifth part [more to it, and give it to him to whom it belongs, in the day that he admits his guilt. And he shall bring his Asham (guilt offering) to HaSh-m, a ram without blemish out of the flock, of the proper value, as a Korban Asham, to the Kohen.]" (Vayikra 5:24-25)

11a)[line 1]ממון המשתלם בראש מוסיף חומשMAMON HA'MISHTALEM BA'ROSH, MOSIF CHOMESH- when the Ganav only needs to pay back the principle (and not Kefel), then he must add a Chomesh (for swearing falsely)

b)[line 2]ממון שאין משתלם בראשMAMON SHE'EIN MISHTALEM BA'ROSH- when the Ganav needs to pay not only the Keren, but Kefel as well, then he does not add a Chomesh (for swearing falsely)

12a)[line 24]''את'' פסקיה קרא''ES'' PASKEI KERA- the word "Es" separates the verse into two parts

b)[line 25]''ואת'' ערביה קרא''V'ES'' ARVEI KERA- the addition of the letter "Vav" to the word "Es" bonds (mixes) the two parts of the verse together

13a)[line 28]ממון גבוהMAMON GAVO'AH- the property of Hekdesh

b)[line 29]לממון הדיוטMAMON HEDYOT- the property of a common, mortal man

14a)[line 30]טלהTALEH- a sheep, within its first year

b)[line 30]אילAYIL- a ram

15a)[line 31]עגלEGEL- a calf

b)[line 31]שורSHOR- a bull


(a)A thief becomes liable for a stolen item (such that if it is destroyed, he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a formal Halachically-binding act denoting a change in ownership). Similarly, when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent that if the owner gives up hope of ever getting it back, and the object becomes "changed" (Shinuy) from its original state, he need not return the object itself, but rather its value.

(b)The Amora'im argue with regard to the methods with which a thief acquires a stolen object such that he may return its value (and he need not return the object itself).

1.YE'USH (Giving up hope) - There is an opinion that "Ye'ush" alone is enough to grant the thief ownership of the stolen object. Ye'ush means that the owner gives up hope of ever getting back his object from the thief, and verbally acknowledges that the loss is irretrievable ("Vai Li l'Chisaron Kis").

2.SHINUY MA'ASEH (A "change" in the use of the object) - There are opinions that Ye'ush alone is not enough for the thief to acquire the object, unless the thief effects a "change" (Shinuy) in the object. This applies even to a small Shinuy that does not entirely transform the object, such as affixing the object with clay in a certain place. However, the Shinuy must be irreversible, i.e. it is not "Chozer li'Veriyaso."

3.SHINUY HA'SHEM (A "change" in the object's title or description) - Similarly, according to the latter opinions, Ye'ush grants the thief ownership of the stolen object together with a Shinuy ha'Shem. Shinuy ha'Shem means that the classification of the item has changed and it is henceforth called by a different name, such as when pieces of wood that were stolen and used to cover the roof of a Sukah become called "Sechach."

4.SHINUY RESHUS (A "change" in ownership) - These Amora'im also rule that Ye'ush works together with a Shinuy Reshus. When a thief sells or gives the object to another person after Ye'ush, that person acquires full ownership of the object, and is not required to return it to the previous owner.

5.SHINUY (Transformation of the object) - If a significant change is effected in the object such that it no longer serves its original purpose, the thief acquires the object to the extent that he may keep it and return its value even before Ye'ush. This is learned from the verse, "v'Heishiv Es ha'Gezeilah Asher Gazal." Only when the object is "Asher Gazal" - "as he stole [it]," is the thief required to return the object itself (Bava Kama 66a).

17)[line 36]דיכראDICHRA- a ram

18)[line 37]רחמנא ניצלן מהאי דעתא!RACHMANA NITZLAN ME'HAI DA'ATA!- The Merciful One should save us from this (your) opinion!

19)[line 40]"...ואילי צאנך לא אכלתי""... V'EILEI TZONCHA LO ACHALTI."- "[In these past twenty years that I have been with you; your ewes and your female goats have not miscarried their young,] and the rams of your flock I have not eaten." (Bereishis 31:38) - After Yakov and his family left Lavan's house secretly, Lavan pursued them and caught up to them in the Hills of Gil'ad. Lavan accused Yakov of sneaking away and stealing his gods. Yakov defended himself and reproached Lavan for the unbelievably bad treatment that he received while he lived in Lavan's house. To refute the claim that he stole any item of Lavan's possessions, Yakov related how trustworthy was his service while he worked for Lavan. As part of his defense, Yakov claimed that he did not eat any rams that belonged to Lavan. It is possible to infer that he did eat young sheep, were it not for the rule that "a one-year-old sheep can be called an 'Ayil'."

20)[line 43]באתננהESNANAH (ESNAN ZONAH)

An animal given to a harlot for her wage may not be brought as a sacrifice, as stated in Devarim 23:19.

21)[line 45]גוריון דמאספורקGURYON DEME'ASPURAK- Guryon, who came from Isporak, possibly a place on the Palus Maeotis, the modern-day Sea of Azov

22a)[last line]גם''GAM''- the word "Gam," "both," in the verse "Lo Savi Esnan Zonah u'Mechir Kelev Beis HaSh-m Elokecha l'Chol Neder, Ki To'avas HaSh-m Gam Sheneihem" ("You shall not bring the wage of a harlot, or the price of a dog, into the house of HaSh-m your G-d for any vow; for both of these are an abomination to HaSh-m your G-d") (Devarim 23:19)

b)[last line]הם''HEM''- the part of the word "Sheneihem," "these," in the same verse