[70a - 34 lines; 70b - 36 lines]

1)[line 1]כסתם יחידאהK'SETAM YECHIDA'AH- a Mishnah recorded anonymously, which expresses the ruling of a minority opinion

2)[line 2]אורכתאURCHESA- a document that a creditor gives to his agent granting his agent the power to seize the possessions of a debtor for the creditor (or, in the case of our Gemara, the stolen item from the thief on behalf of the rightful owner)

3)[line 10]זיל דון וזכי ואפיק לנפשךZIL DUN U'ZECHI V'APIK L'NAFSHACH- go deal [with him] in court and take [the item or money] for yourself

4)[line 11]לית ביה מששאLEIS BEI MESHASHA- it has no substance (i.e. validity)

5)[line 12]לאו בעל דברים דידי אתLAV BA'AL DEVARIM DIDI AT- "You are not my litigant"

6)[line 13]ואי כתיב ביה ''למחצה לשליש ולרביע''V'IY KESIV BEI ''L'MECHETZAH LI'SHELISH UL'REVI'A''- and if it is written in it, "[You may keep] a half, a third, or a fourth"

7)[line 14]מיגו דמשתעי דינא אפלגאMIGO D'MISHTA'I DINA A'PALGA- since he can take the debtor (or, in our case, the thief) to court on half

8)[line 16]כל דמתעני מן דינא קבילית עליKOL D'MIS'ANI MIN DINA KABEILIS ALAI- anything that is taken away from me by the law, I accept upon myself

9)[line 17]שליח שויהSHALI'ACH SHAVYEI- he made him a Shali'ach

10)[line 19]למיתפס פלגאL'MITPAS PALGA- to hold on to half of the money to keep for himself

11)[line 22]גנב ומכר בשבתGANAV U'MACHAR B'SHABBOS- if he stole and sold the item on Shabbos. (Selling an item on Shabbos incurs no punishment mid'Oraisa, since Mechirah is an Isur d'Rabanan. Therefore, the Ganav is liable to pay Arba'ah v'Chamishah, since there is no greater punishment which would exempt him through the rule of "Kam Lei bid'Rabah Minei" (See Background to 71:4).)

12)[line 22]גנב ומכר לעבודה זרהGANAV U'MACHAR L'AVODAH ZARAH- if he stole and sold the item for the sake of being used for idolatry. (Selling an item to be used for idolatry incurs no punishment mid'Oraisa; only slaughtering an animal for idolatry is punishable.)

13)[line 23]גנב וטבח ביום הכפוריםGANAV V'TAVACH B'YOM HA'KIPURIM- if he stole and slaughtered the animal on Yom Kippur. (Although slaughtering the animal on Yom Kippur is Asur mid'Oraisa, it is punishable with Kares, and not with a punishment in Beis Din, and therefore, according to our Mishnah, the principle of "Kam Lei bid'Rabah Minei" does not apply to exempt the Ganav from Arba'ah v'Chamishah.)

14)[line 27]השוחט ונמצאת טריפהHA'SHOCHET V'NIMTZEIS TEREIFAH- one who slaughters an animal that was presumed to be Kosher but was then found to be a Tereifah (an animal with a mortal blemish). (The Chachamim and Rebbi Shimon argue about the status of such an act of Shechitah. According to Rebbi Shimon, it is not considered a Shechitah since it does not make the animal permitted to be eaten. Consequently, the Ganav is not considered to have done Shechitah, and is exempt from Arba'ah v'Chamishah.)

15)[line 28]השוחט חולין בעזרהHA'SHOCHET CHULIN BA'AZARAH - one who slaughters an animal of Chulin in the Azarah of the Beis ha'Mikdash (CHULIN BA'AZARAH)

According to some Tana'im, it is forbidden by an Isur Aseh to bring a non-sanctified ("Chulin") animal or food into the Azarah of the Beis ha'Mikdash. This is learned from the verse, "If the place chosen by HaSh-m is far [from where you are]... you may slaughter and eat meat to your heart's content..." (Devarim 12:21), which implies that we may only slaughter Chulin outside of the Azarah of the Beis ha'Mikdash (Pesachim 22a). According to these Tana'im, if non-sanctified animals are slaughtered in the Mikdash, it is prohibited with a Lav to eat from them (Pesachim, ibid.). Other Tana'im (such as Rebbi Shimon) maintain that the prohibition of offering Chulin in the Azarah (and eating from non-sanctified animals that were slaughtered in the Azarah) is not from the Torah but Rabbinic ("Chulin ba'Azarah Lav d'Oraisa").

16)[line 31]''דבר'' ולא חצי דבר''DAVAR'' V'LO CHATZI DAVAR- when the Torah says, "According to the word of two witnesses shall a case be established (Yakum Davar)," it means that the witnesses must see, and testify about, the entire act for which the person is being held accountable. If they see only half of the act (in our case, the act of stealing without the Mechirah/Tevichah, or the Mechirah/Tevichah without the act of stealing), their testimony cannot be used to obligate the person.



A person who claims to have bought the land of another person but has no proof of purchase may, nevertheless, support his claim with this form of a "Chazakah:" if he has proof (witnesses) that he has been living and working on the land for three years, and the claimant has no witnesses that he voiced any objection during those three years, then this Chazakah serves as proof to the claim that he bought the land (see Bava Basra, Perek 3).

18a)[line 15]אחד בגבהECHAD B'GABAH- one hair on her knuckles (lit. backside, referring to the backside of her fingers, where they meet the hands), RASHI. (See, however, Rashi in Nidah 52b, who explains that "Gabah" refers to below her private area.)

b)[line 15]אחד בכריסהECHAD BI'KEREISAH - one hair on her abdomen (SIMANEI NA'ARUS)

A girl is a Ketanah (minor) until she has two pubic hairs after she enters her twelfth year. During the following six months she is a Na'arah (maidenhood). When six months elapse she becomes a Bogeres (adult).

19)[line 21]עקוץ תאינה מתאינתי ותיקני לי גניבותיךAKOTZ TE'EINAH MI'TE'EINASI, V'SIKNI LI GENEIVUSICH- [The one who buys the stolen item from the Ganav says to him,] "Pick some figs from my fig trees, with which you will give me possession of the item that you stole." That is, the buyer tells the Ganav that instead of paying for the item with money, he is letting the Ganav pick and keep some of his figs. This act is a Melachah d'Oraisa on Shabbos for which one is Chayav Misah.


(a)HOTZA'AH - Hotza'ah is the last of the thirty-nine Avos Melachos of Shabbos. It involves either:

1.Transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain),

2.Hachnasah - transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid,

3.Ma'avir Arba Amos b'Reshus ha'Rabim - carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos,

4.Moshit - passing an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 96:3). These are all Biblical prohibitions.

(b)AKIRAH & HANACHAH - In order to transgress the biblical prohibition of Hotza'ah, certain conditions must be met. An Akirah (initiation of movement) and a Hanachah (putting the object to rest) must be performed on the object by the same person. If one person does the Akirah and another does the Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a.

(c)KELUTAH K'MI SHE'HUNCHAH DAMYA - A person who throws an object from one Reshus ha'Yachid to another Reshus ha'Yachid through an intervening Reshus ha'Rabim is guilty of violating Shabbos mid'Oraisa, according to Rebbi Akiva and Rebbi. One explanation of this opinion is that the object is "Kalut" ("caught") by the air of Reshus ha'Rabim below ten Tefachim and is considered Halachically at rest on the ground. The person has done an Akirah in Reshus ha'Yachid and a Hanachah in Reshus ha'Rabim, and is guilty of Hotza'ah (Shabbos 4b).

21)[line 29]לענין שבתL'INYAN SHABBOS LO MICHAYEIV AD D'MATYA L'AR'A- with regard to transgressing a Melachah of Shabbos, one is not liable until the object reaches (comes to rest on) the ground

22)[line 32]אתנןESNAN- the payment of the wage of a harlot