BAVA KAMA 72 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., Niftar 7 Av 5757, by his wife and daughters. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.
PAST DEDICATION
BAVA KAMA 72 (14 Adar) - Dedicated l'Iluy Nishmas HaRav Ze'ev Wolf Rosengarten of Zurich, Switzerland, a person of "Sheleimus" in every way. Well-known for his Shimush of the Brisker Rav, Rav Wolf passed away on 14 Adar 5760. Dedicated in honor of his Yahrzeit by his nephew and Talmid, Eli Rosengarten of Zurich.

[72 - 17 lines; 72b - 25 lines]

1)[line 1]דלא אכלי בשרא דתוראD'LO ACHLI BISRA D'SORA- lit. "because I did not eat the meat of an ox"; i.e. I did not delve into the matter thoroughly enough (see Ya'avetz here)

2)[line 6]אינה לשחיטה אלא לבסוף /ישנה לשחיטה מתחילה ועד סוףEINAH LI'SHECHITAH ELA LEVA'SOF / YESHNAH LI'SHECHITAH MI'TECHILAH V'AD SOF- According to the view that maintains "Einah li'Shechitah Ela leva'Sof" ("the act of Shechitah is not considered to be Shechitah until the end"), only the final bit of the Shechitah constitutes Shechitah. According to the view that maintains "Yeshnah li'Shechitah mi'Techilah v'Ad Sof," the entire act of slaughtering, from beginning to end (and not just the final bit of the Shechitah) constitutes Shechitah.

3)[line 12]כגון ששחט מקצת סימנין בחוץ וגמרן בפניםKEGON SHE'SHACHAT MIKTZAS SIMANIN BA'CHUTZ V'GAMRAN BIFNIM- the case is one in which he slaughtered some of the Simanim (the trachea and esophagus) outside of the Azarah, and then he completed slaughtering them inside the Azarah

72b----------------------------------------72b

4)[line 9]זוממיםZOMEMIM (EDIM ZOMEMIN)

(a)If two witnesses testify to a crime or an event and a later set of witnesses contradict their testimony by saying that the crime or event did not take place exactly as the first set of witnesses testified, all of the witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din cannot use either testimony.

(b)If, however, two witnesses testify to a crime or an event and a later set of witnesses disqualify their testimony by saying that the first set of witnesses were with them in a different place at the time that the first set of witnesses claim that the act took place, the first witnesses are termed Edim Zomemin (conspiring witnesses). The Torah commands that the second set of witnesses be believed, rather than the first. In general, Edim Zomemim are punished with the punishment they tried to cause. (Devarim 19:16-21; see Mishnah Makos 5a)

5)[line 18]עד זומם למפרע הוא נפסל / מכאן ולהבא הוא נפסלED ZOMEM... L'MAFRE'A HU NIFSAL / MI'KAN UL'HABA HU NIFSAL

Abaye rules that the testimony of a witness who, with regard to a later testimony, is found to be an Ed Zomem (see previous entry) is disqualified retroactively, while Rava holds that the witness becomes disqualified from giving testimony only for future testimonies. (This argument is one of the six arguments (YE'AL KEGAM) between Abaye and Rava in which the Halachah follows the view of Abaye; see Background to Kidushin 52:2, and Bava Kama 73:2.)

6)[line 21]דאסהידD'AS'HID- [from the moment] at which he testified

7)[line 21]"אל תשת [ידך עם רשע [להיות] עד חמס""AL TASHES [YADCHA IM] RASHA [LIHEYOS] ED [CHAMAS]"- "Do not become involved with a wicked person to be a false witness." (Shemos 23:1)

8)[line 23]תרי ותירי נינהוTREI U'TREI NINHU- they are two witnesses against two witnesses

9)[line 23]דצייתD'TZAYIS- that you pay attention

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