[93a - 45 lines; 93b - 51 lines]
1)[line 3]áúø îøé ðéëñé öéáé îùêBASAR MAREI NICHSEI, TZIVEI (MASHACH) [MESHOCH]- behind an owner of property (i.e. a wealthy man), gather the twigs/fat (that is, be involved in the commerce of the wealthy man (who is successful) so that you, too, will be successful, -Shitah Mekubetzes)
2)[line 6]äîåñø ãéï òì çáéøåHA'MOSER DIN AL CHAVEIRO- one who claims that another person is deserving of punishment [by HaSh-m]
3)[line 7]" "çîñé òìéê"CHAMASI ALECHA"- "[Sarai said to Avram:] my oppression is because of you." (Bereishis 16:5)
4)[line 9]ãàéú ìéä ãéðà áàøòàD'IS LEI DAYANA B'AR'A- there is a judge (or Beis Din) on earth (who can judge the case)
5)[line 11]àçã äöåò÷ åàçã äðöò÷ áîùîòECHAD HA'TZO'EK V'ECHAD HA'NITZ'AK B'MASHMA- both the victim who cries out, and the one who victimizes, are implied by the verse. This refers to the verse, "[If you afflict him, and he cries out to Me, I will certainly hear his cry;] and My wrath will rage and I will kill you (v'Haragti Eschem) by the sword..." (Shemos 22:23), the plural "Eschem" implying both the victim and the perpetrator.
6)[line 14]÷ììú äãéåèKILELAS HEDYOT- the curse of a commoner
7)[line 15]"äðä äåà ìê ëñåú òéðéí""HINEI HU LACH KESUS EINAYIM"- "... may it be to you as a covering of the eyes..." (Bereishis 20:16). The Gemara interprets this to be a curse, that Sarah (or her offspring) would experience blindness. (For the straightforward meaning of the verse, see the various opinions of Rashi, Ibn Ezra, Rashbam, Ramban.)
8a)[line 22]îúåøéíTORIM- turtledoves
b)[line 23]åáðé éåðäBNEI YONAH- young common doves (for a discussion of the Korbonos of TORIM and BNEI YONAH, see Background to Chulin 22.)
9)[line 28]äëðé ôöòðé òì îðú ìôèåøHAKEINI PETZA'ENI AL MENAS LIFTOR- hit me, bruise me, on condition that you will be exempt [from paying damages to me]
10)[line 30]îùåí ôâí îùôçäMISHUM PEGAM MISHPACHAH- because of discredit of the family
11)[line 34]éù äï ùäåà ëìàåYESH HEN SHE'HU K'LAV- there can be a verbal expression of "yes" which really means "no" (see next entry)
12)[line 35]''äëðé ôöòðé!'' ''òì îðú ìôèåø?'' åàîø ìå ''äï?!''''HAKENI PETZA'ENI!'' ''AL MENAS LIFTOR?'' V'AMAR LO ''HEN?!''- Reuven says to Shimon, "Hit me, bruise me!" Shimon says, "On condition that I will be exempt [from paying for damages done to you]?" Reuven says to him, in wonderment, "Yes?!", implying that of course Shimon will not be exempt.
13)[line 38]"ìùîåø""LISHMOR"- "[If a man gives to his friend money (Kesef) or utensils] to guard, [and they are stolen from the house of the person, then if the thief is found, he shall pay double.]" (Shemos 22:6) The Gemara learns from this verse that the watchman is only obligated if he was charged with guarding the object, but he is exempt if the owner told him to lose it or break it.
14)[line 40]äà ãàúé ìéãéä äà ãìà àúé ìéãéäHA D'ASI L'YADEI, HA D'LO ASI L'YADEI- this case is where the item already came to his (the watchman's) hands, while this case is where the item has not yet come to his hands. That is, when the owner gave the item to the watchman first, and then he told him that he could lose it or break it, the watchman remains Chayav, because we assume that when the owner gave him the item initially, it was with the full intent (of both parties) that the watchman would guard the item properly. Then, when the owner told the watchman that he could lose or break it, he was not serious, but he was merely saying that in order to appease the watchman's worry about his serious responsibility. In contrast, when the owner first says to the watchman that he may lose or beak the item, and then he gives it to him, the watchman is exempt, since the owner explicitly established a waiver of liability condition with the watchman (Tosfos).
15)[line 43]àøð÷à ãöã÷äARNEKA DI'TZEDAKA- a purse of charity money
16)[line 43]ìôåîáãéúàPUMBEDISA- the location of a great Yeshiva in Bavel (lit. Mouth of Bedisa, a canal of the Euphrates) that existed for approximately 800 years. The scholars of Pumbedisa were known for their keen intellect (Bava Metzia 38b). To emphasize its importance as a Torah center, Rabah and Rav Yosef stated that just as one is prohibited from leaving Eretz Yisrael to Chutz la'Aretz, so too is one prohibited to leave Pumbedisa (Kesuvos 111a).
17)[line 44]ôùò áäPASHA BAH- he was negligent with it
18)[last line]îé÷õ ÷éõ ìäåMEIKATZ KAYITZ LEHU- the amount [of charity money that the poor people receive each week] is already set and established for them
93b----------------------------------------93b
PEREK #9 HA'GOZEL ETZIM
19a)[line 1]äâåæìHA'GOZEL (GENEIVAH / GEZEILAH)
(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).
b)[line 1]åòùàï ëìéíV'ASA'AN KELIM - and made them into utensils (SHINUY: SHINUY RESHUS; SHINUY MA'ASEH; SHINUY HA'SHEM)
(a)A thief becomes liable for a stolen item (such that if it is destroyed, he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a formal Halachically-binding act denoting a change in ownership). Similarly, when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent that if the owner gives up hope of ever getting it back, and the object becomes "changed" (Shinuy) from its original state, he need not return the object itself, but rather its value.
(b)The Amora'im argue with regard to the methods with which a thief acquires a stolen object such that he may return its value (and he need not return the object itself).
1.YE'USH (Giving up hope) - There is an opinion that "Ye'ush" alone is enough to grant the thief ownership of the stolen object. Ye'ush means that the owner gives up hope of ever getting back his object from the thief, and verbally acknowledges that the loss is irretrievable ("Vai Li l'Chisaron Kis").
2.SHINUY MA'ASEH (A "change" in the use of the object) - There are opinions that Ye'ush alone is not enough for the thief to acquire the object, unless the thief effects a "change" (Shinuy) in the object. This applies even to a small Shinuy that does not entirely transform the object, such as affixing the object with clay in a certain place. However, the Shinuy must be irreversible, i.e. it is not "Chozer li'Veriyaso."
3.SHINUY HA'SHEM (A "change" in the object's title or description) - Similarly, according to the latter opinions, Ye'ush grants the thief ownership of the stolen object together with a Shinuy ha'Shem. Shinuy ha'Shem means that the classification of the item has changed and it is henceforth called by a different name, such as when pieces of wood that were stolen and used to cover the roof of a Sukah become called "Sechach."
4.SHINUY RESHUS (A "change" in ownership) - These Amora'im also rule that Ye'ush works together with a Shinuy Reshus. When a thief sells or gives the object to another person after Ye'ush, that person acquires full ownership of the object, and is not required to return it to the previous owner.
5.SHINUY (Transformation of the object) - If a significant change is effected in the object such that it no longer serves its original purpose, the thief acquires the object to the extent that he may keep it and return its value even before Ye'ush. This is learned from the verse, "v'Heishiv Es ha'Gezeilah Asher Gazal." Only when the object is "Asher Gazal" - "as he stole [it]," is the thief required to return the object itself (Bava Kama 66a). This type of Shinuy is the topic of our Mishnah.
20)[line 3]øçì èòåðäRACHEL TE'UNAH- a lamb laden [with fleece]
21)[line 3]åâææäV'GAZEZAH- he sheared it
22)[line 9]ùéôï ìàSHIFAN, LO- if he planed/smoothed down the wood, that does not qualify as a Shinuy with which the Gazlan is Koneh the stolen wood
23)[line 10]åìéáðïV'LIBNAN- [if] he dyed (bleached) the wool, [that does not qualify as a Shinuy with which the Gazlan is Koneh the stolen wool]
24)[line 11]åñéúúïSITESAN- [if] he chiseled [stones]
25)[line 11]ôùúï åð÷äåPISHTAN V'NIKAHU- [if he stole] flax (linen) and cleaned it
26)[line 13]ùéðåé ãøáðï / ùéðåé ãàåøééúàSHINUY D'RABANAN / SHINUY D'ORAISA (SHINUY KONEH)- see above, entry #19b. A Shinuy d'Rabanan is a Shinuy that is temporary. A Shinuy d'Oraisa is one that is permanent.
27)[line 15]ðñøéíNESARIM- boards [that were already planed, smoothed]
28)[line 15]ãùéðåé ãäãø ìáøééúà äåàD'SHINUY D'HADAR LI'VERIYASA HU- it is a change in the item that will revert back to its original state (see above, entry #19b:b:2)
29)[line 16]îùìéó ìäåMASHLIF LEHU- remove them (take the item apart)
30)[line 17]áöîø èååéTZEMER TAVUY- wool that is already spun
31)[line 19]åúðà áøàTANA VARA- the Tana of the Beraisa
32)[line 22]áåëàðéBUCHANEI- a pestle
33)[line 23]ðîèéNAMTEI- felts [(O.F. feltre) felt; a cloth made of wool fibers that have been pressed together and not woven]
34)[line 24]ìà äñôé÷ ìéúðå ìå òã ùöáòå ôèåøLO 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'Fras" (a Maneh and a half) according to Rebbi Dosa ben Harkinas (ibid.). (A Maneh is 100 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).
(d)Like all other Matanos Kehunah, one who causes damage to the first shearings, or one who steals it and keeps it for himself and does not give it to a Kohen, has no obligation to compensate the Kohanim, since it is "Mamon she'Ein Lo Tov'im"; there is no specific Kohen who can make a claim to it, since the owner could have given it to any Kohen he wanted.
35a)[line 27]èååàåTEVA'O- he spun it
b)[line 27]åàøâåARGO- he wove it
36)[line 28]àéï îöèøóEIN MITZTAREF- it does not combine [with the other wool that he sheared to equal the minimum amount that he is obligated to give to a Kohen]
37a)[line 30]ãðôöéä ðôåöéD'NAPTZEI NEFUTZEI (O.F. charpir)- he disentangled it by hand (without using a comb)
b)[line 31]ãñø÷éä ñøå÷éD'SARKEI SERUKEI- he disentangled it with a comb
38a)[line 32]ãçååøéä çååøéD'CHAVREI CHAVUREI- he bleached it with dye
b)[line 32]ãëáøéä ëáøåééD'KAVREI KAVRUYEI- he bleached it with sulfur
39)[line 42]öôåïTZAFON- (O.F. savon) soap
40)[line 44]á÷ìà àéìïKALA ILAN- indigo dye
41)[line 47]ùéðåé áî÷åîå òåîãSHINUY BI'MEKOMO OMED- an item which underwent a Shinuy (see above, entry #19b) "stands in its place," i.e. the item remains in the possession of the original owner
42)[line 49]áàúððäESNANAH (ESNAN ZONAH)
An item given to a harlot for her wage may not be brought as a sacrifice, as stated in Devarim 23:19.
43)[line 49]ñåìúSOLES- flour
44)[last line]âåøéåï ãîàñôåø÷GURYON DEME'ASPURAK- Guryon, who came from Isporak, possibly a place on the Palus Maeotis, the modern-day Sea of Azov