BAVA KAMA 78 - Dedicated in celebration of the birth of Noa bas Gidon Yakov ha'Kohen (of Bnei Brak) by her grandparents in Yerushalayim.

[78 - 26 lines; 78b - 43 lines]

1)[line 13]למעשרMA'ASER (MA'ASER BEHEMAH)

(a)Every year, a person must collect all of the kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shavet, ha'Asiri Yiheyeh Kodesh la'Sh-m" - "And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m."

(b)Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner in Yerushalayim. If it has a Mum, the owner may slaughter and eat it anywhere.


(a)The Kedushah of Bechor rests on every firstborn male of an ox, goat, or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.

(b)If the animal has no Mum (blemish), the Kohen must bring it as a Korban during its first year. After its blood and Emurim (see Background to Yevamos 7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in Yerushalayim during the following two days and the intervening night. If the animal has or develops a Mum, it must be slaughtered and eaten during its first year. If it developed a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner. It may not be redeemed with money.

(c)Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be sold in a meat market in the usual manner, or bought in order to resell for a profit (Sefer ha'Chinuch #393, #445). The Chachamim penalized a person who intentionally inflicts a Mum in a Bechor, that the animal may never be slaughtered (Bechoros 34a).

3)[line 17]פטר חמורPETER CHAMOR

(a)There is a Mitzvah to redeem each firstborn male donkey, as the verse states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani... v'Chol Peter Chamor Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto" - "And it shall come to pass that when HaSh-m brings you to the land of the Kena'ani... And every firstborn donkey must be redeemed with a sheep [that is given to a Kohen]. If it is not redeemed, you must decapitate it" (Shemos 13:11-13).

(b)The Kedushah of Bechor rests on every firstborn male of an ox, goat, or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.

4)[line 18]בעגלEGEL- a calf

5)[line 18]בחיהCHAYAH- an undomesticated animal (such as a gazelle or a deer)

6)[line 18]בשחוטהSHECHUTAH- a slaughtered animal

7)[line 19]בטריפהTEREIFAH- an animal with a mortal defect

8)[line 19]בכויKOY

(a)There is a Machlokes Tana'im as to which animal Chazal (Mishnah Chulin 83b, et al) refer to as a "Koy." Some Tana'im rule that it is a crossbreed between certain species of goats and deer, while others rule that it is an independent species (Chulin 80a). The Koy shows signs of being both a Behemah (a farm animal) and a Chayah (a non-farm animal). The Chelev (forbidden fat - see Background to Nazir 28:1) of a Behemah is prohibited and its blood does not need Kisuy ha'Dam (covering after ritual slaughter - see Background to Beitzah 7:29), while the Chelev of a Chayah is not prohibited but its blood does need Kisuy ha'Dam.

(b)As a result, still other Tana'im rule that the status of a Koy is always in doubt (a Safek). This is usually the context in which the Gemara refers to a Koy, as an animal about which the Halachic status is uncertain. Because of this doubt, the Chelev of a Koy is prohibited and its blood requires Kisuy ha'Dam. (For additional Halachos regarding the Koy, see Bikurim 2:8-11.)

9)[line 24]"שה כשבים ושה עזים""SEH KESAVIM V'SEH IZIM"- "[These are the beasts which you shall eat; the bull,] the sheep, and the goat." (Devarim 14:4)


10)[line 1]מקלוטKALUT- an animal with un-split hooves, one of the signs of a non-Kosher animal

11)[line 1]הרי עלי עולהHAREI ALAI OLAH (NEDER / NEDAVAH)

(a)A person may offer a Korban in the Beis ha'Mikdash as a voluntary sacrifice, as it states in Vayikra 1:2. Voluntary Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37), or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).

(b)When a person states, "I pledge an Olah" ("Harei Alai Olah"), without singling out a specific animal, his pledge is called a Neder. When he sets aside an animal with which to fulfill his pledge, and the animal gets lost or dies, he must bring another in its place. If he states, "This animal is an Olah" ("Harei Zo Olah"), his pledge is called a Nedavah. If the animal gets lost or dies, he has no obligation to bring another in its place.

12)[line 3]בעולת העוףOLAS HA'OF

The offering of the Olas ha'Of (e.g. in Vayikra 1:14-17) consists of four procedures:

1.MELIKAH - On the Sovev (see Background to Yoma 22:13) of the Mizbe'ach, on the southeastern corner, the Kohen cuts the back of the neck of the bird with his right thumbnail, making sure to cut both Simanim (the trachea and the esophagus). (If the southeastern corner of the Sovev is crowded with Kohanim offering the Olas ha'Of, then the additional Olas ha'Of Korbanos are offered on the southwestern corner of the Mizbe'ach.)

2.MITZUY - The Kohen presses the cut part of the head and body of the bird onto the wall of the Mizbe'ach, above the Chut ha'Sikra (red line) that is located halfway up the Mizbe'ach.

3.HAKTARAS HA'ROSH - The Kohen salts the head and throws it into the fire on the Mizbe'ach.

4.HAKTARAS HA'GUF - The Kohen cuts out the crop and surrounding feathers of the bird (or, according to some Tana'im, the crop and the intestines - Zevachim 65a) and throws them to the ash-pile at the side of the ramp of the Mizbe'ach. He then tears the bird apart (Shesiya), salts it, and throws it into the fire.

13a)[line 5]תורTOR- a turtledove

b)[line 5]בן יונהBEN YONAH- a young common dove

14a)[line 11]הנוחרHA'NOCHER- (lit. one who sticks a knife into the nostrils of an animal and cuts its throat - Bartenura Chulin 6:2, based on Rashi Chulin 17a DH veha'Nocher ); one who stabs an animal in the neck [or strangles it - Rashi ibid. 85b, see Insights ad loc.] to death.

b)[line 11]והמעקרHA'ME'AKER- one who tears apart the Simanim and detaches them from their root, killing the animal. (See also Insights to Chulin 9:2.)

15)[line 14]מגיזותיהGIZOSEHA- its shearings

16)[line 16]דבר המעכב בשחיטהDAVAR HA'ME'AKEV BA'SHECHITAH- a part of the animal that, if taken away, would render the animal a Neveilah while it is still alive, so that the Shechitah would not permit the animal to be eaten (such as the liver, or part of the stomach)

17)[line 23]מידי דלא הויא בטביחהMIDI D'HEVEI BI'TEVICHAH- [he is only Chayav to pay Arba'ah v'Chamishah when he sells] enough of the animal that would make the Shechitah a valid Shechitah

18)[line 24]קרנא דלא למגזא קיימאKARNA, D'LO L'MIGZA KAIMA- the horn, because it is not intended to be cut off

19a)[line 30]הקיטעתHA'KITA'AS- a crippled animal

b)[line 30]החיגרתHA'CHIGERES- a lame animal

c)[line 30]הסומאHA'SUMA- a blind animal

20)[line 35]שטבח לדעת חבירוSHE'TAVACH L'DA'AS CHAVEIRO- he slaughtered it with the consent of his friend (the other partner in the ownership of the animal)

21)[line 37]עובר ירך אמו הואUBAR YERECH IMO HU

There is a Machlokes whether "Ubar Yerech Imo" - "a fetus is no more than a thigh of its mother" (i.e. it is only to be considered as a part of its mother), or whether the mother and its fetus are considered to be two different entities.

22)[line 40]כיון דצריך לאישתרויי בהדה בשחיטהKEIVAN D'TZARICH L'ISHTARUYEI BAHADAH BI'SHECHITAH (UBAR NITAR BI'SHECHITAS IMO)- since he has to leave the fetus with its mother, in order for it to become permitted to be eaten through the Shechitah of its mother

23)[line 41]קטעהKAT'AH- he cut off part of it