BAVA KAMA 104 (9 Elul) - Dedicated in memory of Annette (Chana bas Raizel) Linzer, by Elliot and Lori Linzer.

[104a - 39 lines; 104b - 47 lines]

1)[line 9]שליח שעשאו בעדיםSHALI'ACH SH'ASA'O B'EDIM- a Shali'ach that he (the sender) appointed in front of witnesses (to go and collect money, or an item, owed to him). According to Rav Chisda, the Shali'ach stands in the place of the sender, and when the borrower gives the money to him, it is as if he has given it to the sender and he is exempt from any further liability. According to Rabah, the Shali'ach is not a valid Shali'ach in this case to exempt the borrower, as the Gemara explains. (See next four entries.)

2)[line 11]להכי (טרחי) [טרח] ואוקמיה בעדים דליקו ברשותיהL'HACHI (TARCHI) [TARACH] V'UKMEI B'EDIM, D'LEIKU BI'RESHUSEI- for this reason he (the sender) went through the trouble to appoint him (the Shali'ach) in front of witnesses - so that the item should be considered to be in his (the owner's) domain (when it is given to the Shali'ach)

3)[line 13]איניש מהימנא הואINISH MEHEIMNA HU- he is a trustworthy person

4)[line 13]אי סמכת סמוךIY SAMACHT SEMOCH- if you want to rely [on him], then rely [on him]

5)[line 13]אי בעית לשדוריה בידיה שדר בידיהIY BA'IS LI'SHEDUREI B'YADEI, SHEDAR B'YADEI- if you want to send it with him, then send it with him (but you will not be exempt from liability until it gets to me)

6)[line 14]השואלHA'SHO'EL (4 SHOMRIM - four types of watchmen mentioned in the Torah)

(a)SHO'EL - the Sho'el, the borrower, is one who borrows an item from his friend and is obligated to take care of it. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, and Ones (an unavoidable accident). (He is exempt from damages only in a case of "Meisah Machmas Melachah," when the item was damaged in the normal manner of usage.)

(b)SHOMER CHINAM - the Shomer Chinam is one who watches his friend's item for no reimbursement. He is liable for damages only in cases of Peshi'ah (negligence), but not in cases of theft or loss, and certainly not in a case of Ones (an unavoidable accident).

(c)NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to watch an article. He is liable for damages in cases of Peshi'ah (negligence), theft, or loss, but is not liable in a case of Ones (an unavoidable accident).

(d)SOCHER - the Socher, or renter, is one who pays money to rent an item from his friend. He is liable for damages in cases of Peshi'ah (negligence), theft, or loss, but is not liable in a case of Ones (an unavoidable accident) (RASHI to Bava Kama 4b). (There is actually a Machlokes in Bava Metzia whether the Socher has the status of the Nosei Sachar, or the status of a Shomer Chinam.)

7a)[line 20]בשכירוSECHIRO- a regular hired laborer

b)[line 20]ולקיטוLEKITO- (a) a hired household helper (Rashi here, in the name of his teacher); (b) a hired laborer at reaping and harvesting time (Rashi in Eruvin 64a and Kesuvos 57b)

8)[line 28]לא פסיקא ליהLO PESIKA LEI- it cannot be stated in an unqualified manner

9)[line 35]הלהHALAH- the other person (i.e. the Nigzal, the one from whom the item was stolen)

10)[line 37]בממציא לו שליחB'MAMTZI LI SHALI'ACH- [our Mishnah is discussing a case in which] he (the person who was owed money) is merely making available a Shali'ach to him (the person who owed the money), but he is not actually appointing a Shali'ach to retrieve the item

11a)[line 38]איתחזי ליהISCHAZI LEI- make yourself be seen to him

b)[line 38]דלמא איניש הוא דלא משכח לשדורי ליהDILMA INISH HU D'LO MASHKACH LI'SHEDUREI LEI- perhaps he just cannot find a person with whom to send it

104b----------------------------------------104b

12)[line 1]בדיוקניDEYUKNI- (a) a form or figure that he uses as a signature or stamp (Rashi); (b) a sketch of the person ("Deyukni" is a contraction of the Greek words "Dio" and "Aekon" (or icon), meaning that this picture is an imitation, or second to, the person) (Ga'on, cited by the Aruch)

13)[line 3]מאי תקנתא?MAI TAKANTA?- what is the way to resolve it? (I.e. how can the person who owes money get it to the owner without traveling to him personally, and without remaining liable for its loss?)

14)[line 4]הוי מסיק זוזי בדרב יוסף בר חמאHAVI MASIK ZUZEI BED'RAV YOSEF BAR CHAMA- he had lent money to the family of Rav Yosef bar Chama

15)[line 5]בהדי דאתית אייתינהו ניהליBAHADI D'ASIS, AISINHU NIHALI- while you come, bring them (the money) to me

16)[line 7]מי כתב לך ''התקבלתי''MI CHASAV LECHA ''HISKABALTI''?- did he write for you, "It is as if I received [the money, when the Shali'ach receives it]?"

17)[line 13]נקנינהו לך אגב ארעאNIKNINHU LACH AGAV KARKA - let him be Makneh it to you by means of [the transfer of] land (KINYAN AGAV)

(a)According to Torah law, certain modes of transferring ownership (Kinyanim) are effective only for land (Mekarka'in), while others are effective only for mobile objects in general (Metaltelin) or for specific mobile objects such as slaves. Kinyan Agav is effective for the transfer of mobile objects in general.

(b)A Kinyan "Agav Karka" is a "package deal" wherein when land is transferred through one of the modes of transferring land one automatically transfers mobile objects as well. For example, if a person is interested in selling a parcel of land and also a cow, when the buyer pays for the land, thereby acquiring it through Kinyan Kesef, he immediately acquires the cow as well. This Kinyan is learned from the verse in Divrei ha'Yamim II 21:3.

18)[line 15]בי חוזאיBEI CHOZA'EI- a district of Bavel on the caravan road, along the Tigris River and its canals

19)[line 16]אגב אסיפא דביתיהAGAV ASIFA D'VEISEI- by means of (see above, entry #17) transferring to him ownership of (a) the threshold of his house; (b) a small corner at the end of his house

20)[line 16]כי אתא נפק לאפיה עד תואךKI ASA, NAFAK L'APEI AD TAVACH- when he (Rav Shmuel bar Aba (or Acha)) returned, he (Rav Papa) went out as far as Tavach to greet him

21)[line 18]אלמא חומש ממונא הואALMA CHOMESH MAMONA HU- therefore, the payment of Chomesh is considered a monetary obligation and is not a penalty or punishment

22)[line 33]מדקא מהדר אחומש למימרא דקרן משלםMID'KA MEHADER A'CHOMESH, L'MEIMRA D'KEREN MESHALEM- since he (the Tana of the Beraisa) is discussing Chomesh [when he says that one is exempt], this implies that one does have to pay the principle (Keren)

23a)[line 38]יש תלמודYESH TALMUD- there is a source in the verses in the Torah

b)[line 40]ישתלמוYISHTALMU- they shall be paid (based on logical considerations, but not because there is a source in the verses)

24)[line 46]וכי איכא אחריות נכסים מאי הוי... אי בשעמד בדיןV'CHI IKA ACHRAYUS NECHASIM MAI HAVEI... IY BESHE'AMAD BA'DIN (105a)- [Rashi deletes these two lines of the Gemara for the reasons that he explains. The text should read instead, "d'Ika Achrayus; Iy Hachi Chomesh Nami Meshalem."]

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