BAVA KAMA 90 (25 Av) - Dedicated by Mrs. G. Kornfeld for the Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), on 25 Av. Mrs. Turkel was an exceptional woman with an iron will who loved and respected the study of Torah.

[90a - 36 lines; 90b - 51 lines]

1)[line 1]הקדש חמץ ושחרור מפקיעין מידי שיעבודHEKDESH, CHAMETZ V'SHICHRUR MAFKI'IN MI'YEDEI SHIBUD

(a)A person may designate one of his pieces of land or possessions as security for a loan that he received or a debt that he owes without placing it in the possession of the creditor. This creates a Shibud, or lien, on the object, such that if the debt is not otherwise repaid, the creditor can collect his debt from the security. Such a security is called an "Apotiki."

(b)The Shibud is revoked or cancelled (and the creditor must be reimbursed through other means) in three instances:

1.If the Apotiki is an animal that is fit to become a Korban and the owner designates it as such. (That is, the owner grants the object "Kedushas ha'Guf la'Mizbe'ach." If the Apotiki itself is not fit to be brought on the Mizbe'ach, and its owner declares that it should be sold and its value should be Kodesh ("Kedushas Damim"), or that it should be used for filling the day to day needs of the Beis ha'Mikdash and not for Korbanos ("Kedushas Bedek ha'Bayis), this does not repeal the Shibud - RASHI to Kesuvos 59b DH Hekdesh; see however RAMBAM Hil. Erchin 7:14).

2.If the object is Chametz and the sixth hour arrives on the day before Pesach (thus prohibiting any Jew to derive benefit from the Chametz).

3.If the object is a slave and the owner frees the slave.

(c)The example of Shibud in our Gemara is the husband's right to have the slave of his wife work for him. She can remove that Shibud by freeing the slave.

2)[line 3]אלמוה רבנן לשיעבודא דבעלALMUHA RABANAN L'SHIBUDA D'VA'AL- the Rabanan strengthened the husband's Shibud (such that his wife cannot remove that Shibud by freeing her slave)

3)[line 9]בדין יום או יומיםB'DIN YOM O YOMAYIM - the law of "one day or two days"

The Torah teaches (Shemos 21:20-21) that when a master hits his slave and kills him, it is considered as though he had killed a Jew and he is Chayav Misah. However, if the slave does not die right away as a result of the beating, but he dies one or two days later, then the master is not Chayav Misah.

4)[line 17]וספק נפשות להקלV'SAFEK NEFASHOS L'HAKEL- a case involving a doubt with regard to capital punishment is judged leniently

5)[line 21]"כי כספו הוא""KI CHASPO HU"- "[But if he (the slave) survives for a day or for two days, he shall not be avenged,] because he (the slave) is his (the owner's) property." (Shemos 21:21)

6)[line 25]מי שחציו עבד וחציו בן חוריןMI SHE'CHETZYO EVED V'CHETZYO BEN CHORIN- a person who is part slave (Eved Kena'ani), part freeman; e.g. a slave originally owned by partners, one of whom freed his half

7)[line 30]עבדו המיוחד לוAVDO HA'MEYUCHAD LO- his slave which is exclusively his

8)[line 30]התוקע לחבירוHA'TOKE'A L'CHAVEIRO - (lit. one who blows to [the ear of] his friend)

Ha'Toke'a l'Chaveiro refers either to making a loud noise in someone's ear, or to hitting a person near or on his ear (see RASHI). The Rabanan instituted that a Sela be paid to the victim for the shame (Boshes) that he experiences. The Sela in this case is not the Sela Tzuri, but rather a Sela Medinah (see next entry).

9)[line 31]סלע / מנה / מאתים זוז / ארבע מאות זוזSELA / MANEH / MASAYIM ZUZ / ARBA ME'OS ZUZ (CURRENCY)

1.1 Maneh = 25 Sela'im = 100 Dinerin

2.1 Dinar Zahav (gold Dinar) = 25 Dinerin

3.1 Sela = 2 Shekel

4.1 Shekel = 2 Dinerin

5.1 Dinar = 6 Me'ah

6.1 Rova Shekel (or Sela Medinah) = 3 Me'ah

7.1 Me'ah = 2 Pundeyon

8.1 Pundeyon = 2 Isar

9.1 Isar = 8 Perutah (or sometimes 6 Perutah - see Kidushin 12a)

(b)Another name for a Dinar of Kesef is a Zuz. All of the coins listed above are silver except for the Dinar Zahav, which is gold, and the Perutos, which are copper.

(c)The currencies listed above are based on the system Sela Tzuri, the silver Sela of Tyre. Another system of coins existed based on the Sela Medinah (the common Sela) also known as Istera, which was worth 1/8 of a Sela Tzuri, i.e. half a Dinar or 96 Perutos.

10)[line 32]סטרוSETARO- he slapped him

11)[line 33]לאחר ידוL'ACHAR YADO- backhanded (with the back of his hand)

12)[line 34]צרם באזנוTZARAM B'OZNO- (a) he pulled his ear; (b) he cut his ear

13)[line 34]תלש בשערוTALASH B'SA'ARO- he pulled his hair

14)[line 35]פרעPARA- he uncovered

90b----------------------------------------90b

15)[line 2]רואין אותם כאילו הם בני חורין שירדו מנכסיהםRO'IN OSAN K'ILU HEM BNEI CHORIN SHE'YARDU MI'NICHSEIHEM- when considering the status of a person with regard to paying him Boshes (compensation for the shame he experienced), we view everyone as if he was an esteemed person ("Bnei Chorin," as in Yirmeyahu 27:20 and Koheles 10:17; MELECHES SHLOMO) who lost his income and assets

16)[line 7]שמרה עומדת על פתח חצרהSHIMRAH OMEDES AL PESACH CHATZERAH- he waited for her as she stood at the entrance to her courtyard (see Meleches Shlomo)

17)[line 9]כאיסר שמןK'ISAR SHEMEN- about an Isar's worth of oil. (An Isar is the Roman coin known as an "As," which is the equivalent of 1/24 of a Dinar.)

18)[line 9]והיתה מטפחת ומנחת ידה על ראשהHAYESAH METAPACHAS U'MANACHAS YADAH AL ROSHAH- she was collecting the oil in her palm and smearing it on her head

19)[line 12]לא אמרת כלוםLO AMARTA KLUM- you have said nothing, i.e. your claim is not valid (the Gemara will explain why)

20)[line 13]החובל בעצמוHA'CHOVEL B'ATZMO- this is a continuation of Rebbi Akiva's ruling and should read "sheha'Chovel b'Atzmo... Patur, va'Acherim she'Chavlu Vo Chayavin" (DIKDUKEI SOFERIM). Rebbi Akiva ruled that one who embarrassed a person who does not refrain from embarrassing himself is still Chayav to pay Boshes, "because one who injures himself... is exempt, while others who injure him are Chayav."

21)[line 13]אף על פי שאינו רשאיAF AL PI SHE'EINO RASHAI- even though he is not permitted to do so (because of the prohibition of "Bal Tashchis," -TIFERES YISRAEL)

22a)[line 16]מנה צוריMANEH TZURI- the Maneh of Kesef Tzuri, the denominations of coins used in Tzor (Kidushin 11b, Bechoros 49b; see Background to Bava Kama 34:11)

b)[line 16]מנה מדינהMANEH MEDINAH- the provincial Maneh, the value of which is one-eighth of a Maneh Tzuri. See above, entry #9.

23)[line 18]דרבי יהודה נשיאהREBBI YEHUDAH NESI'AH- Rebbi Yehudah, the Nasi, leader, in Eretz Yisrael. He was the son of Raban Gamliel, and the grandson of Rebbi Yehudah ha'Nasi (Rebbi).

24)[line 24]דעד נעשה דייןED NA'ASEH DAYAN - a witness can become a judge.

The Amora'im argue as to whether a witness can become a judge in the same case. The Gemara (Kesuvos 21b) concludes that this argument only applies to cases that are mid'Oraisa. All agree that in cases that are mid'Rabanan, a witness can become a judge.

25a)[line 31]כגון שראו בלילהKEGON SHE'RA'U BA'LAILAH- in a case such as when they saw [the event] at night

b)[line 32]דלא למעבד דינא נינהוD'LO L'ME'EVAD DINA NINHU- they are not able to adjudicate

26)[line 37]"והכה איש את רעהו באבן או באגרוף""V'HIKAH ISH ES RE'EHU B'EVEN O V'EGROF"- "... and one man hits his fellow man with a stone or with a fist...." (Shemos 21:18)

27)[line 37]שמעון התימניSHIMON HA'TIMNI- Shimon from Timnas/Timnah (RASHI to Beitzah 21a DH ha'Timni), identified with the village Tibnah, located on the road between Beis Shemesh and Yavneh. At the time of Bayis Sheni it was the major city of the district.

28)[line 38]שמסור לעדה ולעדיםSHE'MASUR L'EDAH UL'EDIM- which is subject to Beis Din's assessment and to witnesses

29)[line 39]פרט לשיצתה מתחת יד העדיםPERAT LESHE'YATZESAH EVEN MI'TACHAS YAD HA'EDIM- excluding a case in which the stone went out of the hands of the witnesses (i.e. it was lost)

30a)[line 40]שוקוSHOKO- on his leg

b)[line 40]ציפר נפשוTZIPOR NAFSHO- the sensitive part of the body above the heart (the cartilage of the sternum)

31)[line 41]הבירהHA'BIRAH- a large building or tower

32a)[line 46]שור תם / מועדSHOR TAM / MU'AD (L'INYAN NEZIKIN U'MISAH)

(a)An ox that gores one or two times is called a Shor Tam. The owner only pays half the value of the damages (Chatzi Nezek) that his ox causes in this manner. In addition, the owner of the ox that caused the damage never has to pay more than the value of the ox that damaged. That is, payment for the damages is taken from the animal itself that caused the damage ("mi'Gufo") (Shemos 21:35).

(b)If the ox gored three times or more, and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad. When a Mu'ad causes damage, the owner must pay the full value of the damages (Nezek Shalem) that his ox causes through goring, even if it is greater than the value of the goring ox itself ("Min ha'Aliyah") (Shemos 21:36).

(c)If the ox (Tam or Mu'ad) killed a person, then it is put to death (Shemos 21:29).

33)[line 50]אשכחתינהו לרבנן דבי רבASHKACHTINHU L'RABANAN D'VEI RAV- I found them, the Rabanan of the house of study

OTHER D.A.F. RESOURCES
ON THIS DAF