BAVA KAMA 66-67 - Dedicated by Drs. Shalom and Syma Kelman of Baltimore in honor of their children and grandchildren.

[66a - 30 lines; 66b - 36 lines]

1)[line 11]טלאים כדמעיקרא דמים כשל עכשיוTELA'IM, KEDEME'IKARA; DAMIM, K'SHEL ACHSHAV- [if the thief wants to compensate for the animal that he stole with] an animal - he pays according to the original value [of the animal that he stole]; [if he wants to pay back with] money - he pays according to the present value of the animal he stole

2)[line 13]"והשיב את הגזלה אשר גזל""V'HEISHIV ES HA'GEZEILAH ASHER GAZAL"- "he shall return the stolen object that he stole" (Vayikra 5:23).

3)[line 17]אי נמי ''לא הספיק ליתנו לו עד שצבעו פטור''IY NAMI, ''LO HISPIK LITNO LO AD SHE'TZAV'O; PATUR'' (REISHIS HA'GEZ)

(a)Every time a flock of sheep is shorn, it is a Mitzvas Aseh to give the first shearings to a Kohen, as stated in Devarim (18:4), "v'Reishis Gez Tzoncha Titen Lo." Although the Mishnah (Chulin 135a) states that this Mitzvah applies both in Eretz Yisrael and in Chutz la'Aretz, the Halachah follows the ruling of Rebbi Ila'i (ibid. 136b, Berachos 22a) who rules that the Mitzvah applies only in Eretz Yisrael (Rambam Hilchos Bikurim ch. 10).

(b)The owner is obligated to give the first shearings to the Kohen only when a minimum amount of fleece is shorn from a minimum number of sheep. The minimum number of sheep is two according to Beis Shamai and five according to Beis Hillel. The Halachah follows Beis Hillel (Chulin 135a). The minimum amount of fleece that must be shorn from each of the five sheep is the amount of fleece that weighs a "Maneh u'Feras" (a Maneh and a half) according to Rebbi Dosa ben Harkinas (ibid.). (A Maneh is one hundred silver Dinerin, each one of which occupies the volume of 96 grains of barley - Kidushin 12a.) As such, the total minimum amount of fleece that must be shorn according to Rebbi Dosa is 750 silver Dinerin. According to the Rabanan, the weight of twelve Sela'im must be shorn from each sheep, for a total of 60 Sela'im (i.e. 240 Dinerin), according to Shmuel, who holds the Halachic opinion - Chulin 137b. Rav maintains that according to the Rabanan the wool of all five animals must weigh 150 Dinerin.

(c)After all of one's sheep are shorn, one must give to the Kohen one-sixtieth of all of the shearings, whether it is a lot or a little (as long as the minimum required amount is fulfilled, as mentioned above). When one gives the wool to the Kohanim, he must not give less than the weight of five Shekalim (ten Dinerin) of wool to each Kohen, which is the amount that suffices to make a belt (Chulin 138a).

4)[line 18]יאושYE'USH

See Background to Bava Kama 65:16:b:1.

5)[line 21]מוצא אבידהMOTZEI AVEIDAH

The Torah (Devarim 22:1-3) commands that a person who finds a lost object must return it to the owner. This Mitzvah applies at all times and is not limited to any particular time, and therefore a woman is obligated in this Mitzvah, as in all Mitzvos Aseh she'Lo ha'Zeman Geraman.

6)[line 28]תקנת השביםTAKANAS HA'SHAVIM

(a)According to Torah law, a person must return the exact item that he stole if it is still in its original state, or its value if it is not, as it states, "v'Heishiv Es ha'Gezeilah Asher Gazal" - "he shall return the stolen object that he stole" (Vayikra 5:23).

(b)If a beam has been built into a building, although it has not been changed from its original state, the Chachamim instituted that the thief need not return the beam itself. He may return its value instead. The reason this was instituted was so that it is not unnecessarily difficult for him to repent and change his ways. This is referred to as "Takanas ha'Shavin," ("the Ordinance of the Penitents").


Chametz that was in the possession of a Jew during Pesach is prohibited to eat and is Asur b'Hana'ah (to derive benefit from it) due to a Gezeirah d'Rabanan.


8)[line 1]כיון דמטא עידן איסוראKEIVAN D'MATA IDAN ISURA, VADAI MEYA'ESH- since the time that the Chametz becomes Asur has arrived, the owner surely had Ye'ush and despaired of every having his Chametz back

9)[line 6]"קרבנו", ולא הגזול"KORBANO," V'LO HA'GAZUL- the verse (Vayikra 1:3) says that the only valid offering that one may bring is "his offering," and not a stolen one

10)[line 10]"משכבו", ולא הגזול"MISHKAVO," V'LO HA'GAZUL - "his bed," and not a stolen one (ZAV:MISHKAV U'MOSHAV)

(a)A Zav (see Background to Bava Kama 24:5), Zavah (see Background to Bava Kama 24:4), Nidah (see Background to Bava Kama 37:14), or Yoledes (see Background to Bava Kama 11:8b), can cause objects that are under them to become Avos ha'Tum'ah whether they touch them or not. The objects become Tamei Midras (lit. an object that is treaded upon), otherwise known as Mishkav or Moshav ha'Zav, ha'Zavah, etc. (or the Tachton of a Zav, etc.). An object (other than Klei Cheres - earthenware objects) that is under these people becomes a Midras only if it was made for lying, sitting, or leaning upon.

(b)For a further discussion of the Tum'ah of the abovementioned people, see Background to Bava Kama 24:3:b-d.

(c)Since the verse (Vayikra 15:5) says "his Mishkav," the only Mishkav that becomes Tamei is one that belongs to him, but not one that he stole.

11)[line 11]עמראAMRA- wool

12)[line 15]מחשבה מטמאתןMACHSHAVAH METAM'ASAN- the decision [of an artisan that the utensil he is fashioning needs no more work] renders it ready to receive Tum'ah (since it is considered completely finished)

13)[line 16]עבדןABDAN- a tanner

14)[line 16]גנב... גזלןGANAV - a thief / GAZLAN - a robber

(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).

15)[line 22]שקיצעןSHE'KITZ'AN- he trimmed them

16)[line 23]עיצבאITZVA- a small table (or covering for a table) used for eating

17a)[line 27]קשי בה רבה לרב יוסףKASHI BAH RABAH L'RAV YOSEF- Rabah and Rav Yosef discussed (argued over) this question

b)[line 27]עשרין ותרתין שניןESRIN V'TARTEIN SHENIN- for twenty-two years, that is, the twenty-two years in which Rabah was the Rosh Yeshiva in Pumbedisa. The Gemara (Beachos 64a) relates that once there was a need to appoint a new Rosh Yeshiva is Pumbedisa. The scholars there sent a question to the scholars in Eretz Yisrael as to which sage should take precedence. Rav Yosef, who was known as "Sinai," had such an encyclopedic knowledge of Torah, that it was as if he received it from Mount Sinai. Rabah, on the other hand, was known as "Oker Harim" ("uprooter of mountains") because of his profound method of analysis. The answer they received was that Rav Yosef should take precedence and become the new Rosh Yeshiva, since "everyone needs the Marei Chitaya, (owner of the wheat)"; i.e. a person who knows many Mishnayos and Beraisos. Even so, Rav Yosef refused the appointment. Twenty-two years later, Rabah died and Rav Yosef took over, serving as Rosh Yeshiva for the next 2 1/2 years.

18)[line 23]ולא איפרקהV'LO IFREKAH- and it was not answered

19)[line 28]עד דיתיב רב יוסף ברישאAD D'YASIV RAV YOSEF B'REISHA- until Rav Yosef was instated as the Rosh Yeshiva

20a)[line 29]שינוי השם... שינוי מעשהSHINUY HA'SHEM - change of name / SHINUY MA'ASEH - a change brought about by an action

See Background to Bava Kama 65:16.

21a)[line 32]משכאMASHCHA- skin/hide

b)[line 32]אברזיןAVRAZIN- table covering

22)[line 33]מרישMARISH- a beam

23)[line 34]כשוראKESHURA- beam

24)[line 34]טללאTELALA- roof

25)[line 35]בבירהBIRAH- a large building

26)[last line]תקנת השביםTAKANAS HA'SHAVIM (the Ordinance of the Penitents)

See above, entry #6.