BAVA KAMA 108 - dedicated by Rabbi Kornfeld's father in memory of his aunt, Malka Gitel bas Reb Yakov Mordechai (Malvina Marmorstein), who took him into her home and raised him like her own child after the Holocaust. Her Yahrzeit is 20 Nisan.

[108a - 43 lines; 108b - 52 lines]

1)[line 12]הודה מעצמו אין אבל הודה אחר עדים לאHODAH ME'ATZMO, IN, AVAL HODAH ACHAR EDIM, LO- if he admit to making the false Shevu'ah, then yes (he must pay Chomesh); but [this implies that] if he admit after witnesses came, then no (he does not pay Chomesh; this is a proof that it is not the Shevu'ah that exempts him from the Chomesh, but it is the obligation to pay Kefel that exempts him)

2)[line 20]וטענו בו טענת גנבV'TA'ANU VO TA'ANAS GANAV- they claimed that it was stolen from them

3)[line 29] תרי גווני ממונאTREI GAVNEI MAMONA- two different types of monetary payments (such as Kefel and Chomesh)

4)[line 32]"[... ושלם אתו בראשו] וחמשיתיו יסף עליו [לאשר הוא לו יתננו ביום אשמתוץ ואת אשמו יביא]""[... V'SHILAM OSO B'ROSHO,] VA'CHAMISHISAV YOSEF ALAV; [LA'ASHER HU LO YITNENU B'YOM ASHMASO V'ES ASHAMO YAVI...]"- "[Or all that about which he has sworn falsely; he shall restore it in full,] and shall add a fifth part more to it, [and give it to him to whom it belongs, in the day that he admits his guilt.]" (Vayikra 5:24) The word "Chamishisav" is in the plural, implying that one can be obligated to pay multiple payments of Chomesh for swearing falsely about a single item.

5)[line 32]התורה ריבתה חמישיות הרבהHA'TORAH RIBSAH CHAMISHIYOS HARBEH- the Torah included many payments of Chomesh


6)[line 24]אתון כיון דשקליתו לכו דמי אסתליקתו לכו מהכאATUN, KEIVAN D'SHALKISU LECHU DEMEI, ISTELIKASU LECHU ME'HACHA- you, since you have taken for yourselves money, you have remove yourselves from here (and you no longer have any involvement with the claim from the Ganav)

7)[line 26]כי היכי דאת עבדת לן מילתא אנן נמי עבדינן לךKI HEICHI D'AT AVADT LAN MILSA, ANAN NAMI AVDINAN LACH- just like you did for us a favor, we, too, are doing one for you

8)[line 29]נגנבה באונסNIGNEVAH B'ONES- it was stolen through uncontrollable circumstances - i.e. with Listim Mezuyan, an armed bandit

9)[line 42]רבה זוטיRABAH ZUTI- Rabah the small

10a)[line 51]ואם אינו רוצהV'IM EINO ROTZEH- if he does not want to pay his share of the inheritance to the other heirs, as the fulfillment of his obligation to return the stolen property (RASHI, BARTENURA; see, however, TIFERES YISRAEL)

b)[line 51]או שאין לוO SHE'EIN LO- (a) or if he does not have enough property (RASHI, BARTENURA); (b) of if he does not have sons or brothers (RAMBAM)

c)[line 51]לוהLOVEH- he borrows money

d)[line 51]ובעלי חוב באין ונפרעיםU'VA'ALEI CHOV BA'IN V'NIFRA'IM- and the lenders come and are repaid. According to Rashi, the Ganav gives the property that he inherited (the amount equal to his share of the stolen property) to the other heirs, in order to fulfill his obligation to return the stolen property. He may then borrow money against that property, and the lenders come and collect that property from the hands of the other heirs.

11)[last line]קונםKONAM (KINUYIM)

(a)A person can create a Neder (a vow) or Shevu'ah (an oath) with a Kinuy, an expression using a corrupted form of a word, such as "Konam" instead of "Korban" or "Shevusa" instead of "Shevu'ah" (Nedarim 2a).

(b)The Amora'im argue as to whether these expressions are actual words in foreign languages that are loosely based on the Hebrew vocabulary, or whether they are expressions that the Chachamim instituted for the specific purpose of creating Nedarim (Nedarim 10a). In either case, it is preferable to use Kinuyim when making a Neder rather than the proper Hebrew term, so that one should not come to utter the Name of HaSh-m in vain (ibid.); if one uses the proper Hebrew term it is more likely that one will utter the Holy Name along with it by association.