BAVA KAMA 105 (10 Elul) - This Daf has been dedicated in honor of the Yahrzeit of Sheina Basha (daughter of Yakov and Dora) Zuckerman, who passed away on 10 Elul, by her children and sons in law.

[105a - 52 lines; 105b - 42 lines]

1)[line 1]אי בשעמד בדין(V'CHI IKA ACHRAYUS NECHASIM MAI HAVEI (104b)... 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."]

2)[line 3]לפי שאין משלמין חומש על כפירת שעבוד קרקעותLEFI SHE'EIN MESHALMIN CHOMESH AL KEFIRAS SHI'ABUD KARKA'OS- because one does not pay Chomesh for admitting to having made a false oath when denying that he owes a debt of money, which is backed by a lien on land. This is because with regard to claims of land (or of slaves), none of the Shevu'os (oaths) d'Oraisa or d'Rabanan apply.

3)[line 5]דיסקייאDISKIYA- (O.F. besace) wallet, leather pouch with two sections ("Diskiya," from the words "Du Saken," or "two sacks" ("bi sace"))

4)[line 7]בקושטאB'KUSHTA- in truth, truthfully

5)[line 15]אגודותAGUDOS- bundles

6)[line 17]ותנא תונאV'TANA TUNA- the Tana of our Mishnayos also taught

7)[line 19]דאיתיה בעיניהD'ISEI B'EINEI- it is still present, in existence (lit. visible)

8)[line 20]דהשתא לאו ממונאD'HASHTA LAV MAMONA [HU]- now (that Pesach has passed and the Chametz is forbidden) it is not of any monetary value

9)[line 26]הדר פשטהHADAR PASHTAH- he then answered it

10a)[line 27]שגזילה אין כאןSHE'GEZEILAH EIN KAN- there is no stolen item here (i.e. he has returned it to its rightful owner)

b)[line 27]השבה אין כאןHASHAVAH EIN KAN- there is no returning [of the stolen item] here (i.e. he still has an obligation to return it)

c)[line 29]מצות השבה אין כאןMITZVAS HASHAVAH EIN KAN- there is no Mitzvah to return it

11)[line 30]נזיר שגילח ושייר שתי שערות לא עשה ולא כלוםNAZIR SHE'GILE'ACH V'SHIYER SHTEI SE'AROS LO ASAH V'LO CHELUM - a Nazir who shaved and left two hairs has not done anything (he has not fulfilled the Mitzvah of shaving) (NAZIR: TIGLACHAS)

(a)If a person makes a vow to become a Nazir without stipulating a time period, his or her Nezirus lasts for a period of thirty days. If the person stipulates a time period, his or her Nezirus lasts for whatever amount of time he stipulated. During this period, the Nazir is not allowed to 1. cut his hair; 2. become Tamei by touching or being in the same room as a corpse; or 3. consume any products of the grapevine (Bamidbar 6:1-21, SEFER HA'CHINUCH #377). Transgressing any one of these prohibitions makes the Nazir liable to Malkos, as long as he was warned beforehand. Our Gemara mentions that multiple warnings will create multiple liabilities.

(b)When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah), and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the cauldron in which the Zero'a of the Shelamim is cooked (Bamidbar 6:18). (SEFER HA'CHINUCH #377)

12)[line 32]ונשרה אחתV'NASHRAH ACHAS- and one hair fell out

13)[line 42]חבית שניקבה וסתמוה שמרים הצילוהCHAVIS SHE'NIKVAH V'SASMUHA SHEMARIM, HITZILUHA - a barrel that became punctured and they closed up the hole with sediment protects against Tum'ah passing from one room to another (TUM'AS OHEL)

(a)A k'Zayis of the flesh of a Mes (corpse) is an "Avi Avos ha'Tumah" and is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the same room (lit. tent); an Ohel is defined as a covered space that is at least one Tefach in length, width, and height). If a person becomes Tamei by touching a Mes, he must wait seven days to go to the Mikvah. Furthermore, on the third and seventh days he must have Mei Chatas (water mixed with ashes of the Parah Adumah) sprinkled on him.

(b)In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is passing through it and does not stop moving. A person who enters an Ohel ha'Mes becomes Tamei even if only a bit of his body enters, even when entering backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents the spread of Tum'ah if it reaches the ceiling. (RASH to Keilim 1:4)

(c)The bones of a Mes are only Metamei through Ohel under one of three conditions: 1. They constitute a quarter of a Kav (Rova ha'Kav); 2. They are the majority of the human body (whether they are the majority of the build (Rov Binyano) of the body or the majority of the number (Rov Minyano) of 248 bones; 3. The bone is a complete skull or a complete spinal column. In order to be Metamei through Maga and Masa, it is enough for the bone to be the size of a Se'orah (a grain of barley).

(d)When an object that can be Metamei b'Ohel is located in an Ohel, the Ohel makes everything in it Tamei and protects anything that is above it from becoming Tamei. That is, an Ohel is Mevi Tum'ah (spreads Tum'ah inside of it) and is Chotzetz from Tum'ah (intervenes between the Tum'ah and the space above the Ohel, preventing Tum'ah from spreading above it).

(e)However, not all objects that cover Tum'ah are Mevi and Chotzetz. There are objects that are Mevi and not Chotzetz and other objects that are Chotzetz and not Mevi and even others that are neither Mevi nor Chotzetz (Ohalos 8:5). An object that is flying through the air, such as a bird or a Talis that is carried or caught up by the wind, is not an Ohel and is not Mevi or Chotzetz, even if it is one Tefach wide.

14)[line 43]אגף חציהAGAF CHETZYAH- he sealed half of it (the hole in the barrel)

15a)[line 46]פקקה בזמורהPAKEKAH BI'ZEMORAH- he stopped it up with a branch

b)[line 46]עד שימרחAD SHE'YEMARE'ACH- [it does not stop Tum'ah from going through it] until he smears it [with clay, in order to hold the branch in place]

16)[line 50]לא קאיLO KAI- it does not stay/stand

17)[line 51]במידי דקאי קאיB'MIDI D'KAI KAI- with something that stays, it stays

105b----------------------------------------105b

18)[line 7]מה טיבו אצלך?MAH TIVO ETZLECHA?- what is it doing with you (in your possession)?

19)[line 7]שומר חנם / שומר שכר / שואלSHOMER CHINAM / SHOMER SACHAR / SHO'EL (4 SHOMRIM - four types of watchmen mentioned in the Torah)

(a)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).

(b)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).

(c)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.)

(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.)

20)[line 10]משבורהMI'SHEVURAH- from breaking a limb

21)[line 11]ממתה מחמת מלאכהMESAH MACHMAS MELACHAH- it died or was damaged in the normal manner of usage

22)[line 12]קאיםKA'IM- it is present

23)[line 18]מאליו בא אצליME'ELAV BA ETZLI- it came to me on its own accord

24)[line 18]תועה בדרך מצאתיוTO'EH BA'DERECH METZASIV- I found it wandering in the road

25)[line 21]תדוראTEDURA- fool (alt. "Terura," a fool from whose mouth saliva ("Ror") constantly drips; Aruch)

26)[line 21]הילךHEILACH- ("Hei Lach") here it is (lit. here it is for you (to take))

27)[line 21]דקיימא באגםD'KAIMA B'AGAM- (O.F. maresc) it is standing in the marsh

28)[line 24]על מנת דעבידנא לך נייח דנפשאAL MENAS D'AVIDNA LACH NEYACH D'NAFSHA- on condition that I do for you a favor

29)[line 27]ג' שבועות הןSHALOSH SHEVU'OS HEN (SHEVU'AS HA'EDUS)

(a)One of the litigants in a court case has the right to force a person to take an oath when he feels that the person is concealing testimony about the case. The oath that the alleged witness takes to claim that he is not harboring any testimony is called a Shevu'as ha'Edus (Vayikra 5:1).

(b)For example, a person asks two witnesses to testify on his behalf, in order to oblige the opposing litigant to pay him. The witnesses deny all knowledge of the case and even swear in court to that effect. If they admit afterwards that they did know testimony, they must bring a Korban Oleh v'Yored. If they are wealthy they each bring a female sheep or female goat. If they cannot afford the animal, they may each bring two turtledoves or two common doves, one as a Chatas and one as an Olah. If they cannot even afford birds, they may each bring an offering of 1/10 of an Eifah of flour as a Minchas Chatas (ibid. 5:5-13).

(c)The case of our Gemara is referring to when a single witness makes this oath, swearing that he does not know [a certain element of] testimony about the lost object. Even though the testimony of a single witness is not sufficient to prove that the defendant must pay the claimant, nevertheless the testimony of a single witness does suffice to require that the defendant make a Shevu'ah to counter the claim of the single witness. Hence, by not testifying, it is possible that the witness is causing the claimant to lose money, since, had he testified, the defendant might have opted to pay and not to make an oath.

30)[line 27]הכיר בה ולא במוצאהHIKIR BAH V'LO V'MOTZ'AH- he recognized it (the lost animal or item) but not the one who found it

31)[line 30]המשביע עד אחדHA'MASHBI'A ED ECHAD- one who makes a single witness swear that he does not know testimony. See above, entry #29:c.

32)[line 31]הגורם לממון כממון דמיDAVAR HA'GOREM L'MAMON, K'MAMON DAMI

(a)Davar ha'Gorem l'Mamon refers to an object in which the owner has neither the right to eat it, use it or derive benefit from it in any way. Still, if this object is destroyed, it causes its owner a financial loss. Examples of this are: 1. An object that is Asur b'Hana'ah at present but will be Mutar b'Hana'ah in the future, such as Chametz on Pesach according to Rebbi Shimon, who permits its use after Pesach; 2. An item that one accepted to be Shomer (to care for and return it to its owner unharmed) that became Asur b'Hana'ah or invalidated from use while it is in the hands of the Shomer. In certain circumstances, if a Shomer returns such an item (although it is now worthless) to its owner, he is not responsible to replace it with an object of value.

(b)The Tana'im (Bava Kama 74b) argue as to whether a person who steals or damages such an item is liable to pay the owner for it or for the damages (since he caused the owner a financial loss) or not (since it is worthless at present in either case).

33)[line 33]למדנו עונש אזהרה מניןLAMADNU ONESH; AZHARAH MINAYIN- we have learned the source for the punishment; from where do we learn the warning (Azharah)?

34a)[line 34]עונש (ממון) [כפירה]ONESH (MAMON) [KEFIRAH]- the punishment (of having to return the stolen item and being responsible for anything that happens to it until he returns it) is for denying that he was in possession of the other person's object

b)[line 34]לעונש שבועהL'ONESH SHEVU'AH- the punishment is for making a false oath [that he was not in possession of the other person's object]

35)[line 39]ושכנגדו חשוד על השבועהV'SHE'KENEGDO CHASHUD AL HA'SHEVU'AH- if a person admits to half of the claim against him requiring him to swear a Shevu'as Modeh b'Miktzas, but we have reason to suspect that he will lie if he swears (because he has a past history of swearing falsely or of gambling or other forms of theft), then the person who made the claim against him may swear that his claim is true and collect what he claimed.

36)[line 39]שבועת העדותSHEVU'AS HA'EDUS

See above, entry #29.

37)[line 40]שבועת שואSHEVU'AS SHAV

It is forbidden to swear in vain, as the Torah states, "Lo Sisa Es Shem HaSh-m Elokecha la'Shav" (Shemos 20:7). There are four types of oaths that are in vain:

a. a false oath about something known; e.g. that a marble pillar is made of gold

b. a true oath about something known; e.g. that a stone is a stone

c. an oath to transgress a Mitzvah

d. an oath which is impossible to keep; e.g. not to sleep for three days or not to eat for seven days.

If a person swears in vain b'Mezid he receives lashes. If he swears b'Shogeg he does not bring a Korban (SEFER HA'CHINUCH #30).

38)[line 40]ואם איתא בכפירה הוא דאיפסיל ליהV'IM ISA, BI'KEFIRAH HU D'IFSIL LEI- and if it is true (as Rav Sheshes asserts, that a person becomes obligated as a thief from the time that he denies having the other person's object), then at the moment that he denies it (before he made a false Shevu'ah), he becomes invalidated from making a further Shevu'ah)

39)[line 41]אשתמיטנא ליה אדאזילנא ומייתינא ליהISHTAMITNA LEI AD'AZILNA U'MAISINA LEI- I will elude/evade him until I can go and bring it to him

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