BAVA KAMA 109 (14 Elul) - This Daf has been dedicated in honor of the Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum, who passed away on 14 Elul, by his son and daughter and families.

[109a - 34 lines; 109b - 48 lines]

1)[line 1]בחייו ובמותוB'CHAYAV UV'MOSO- [if a father makes a Neder (see Background to Bava Kama 108:11) prohibiting his son from benefiting from his property] in his lifetime and after his death [then the son may not benefit from the property even after the father dies, and his share of the inheritance goes to the other heirs]

2)[line 4]לארנקי של צדקהL'ARNEKI SHEL TZEDAKAH- to the container of charity money

3)[line 9]"ואם אין לאיש גאל להשיב האשם [אליו האשם המושב לה' לכהן מלבד איל הכפרים אשר יכפר בו עליו]""V'IM EIN LA'ISH GO'EL L'HASHIV HA'ASHAM [ELAV, HA'ASHAM HA'MUSHAV LA'SH-M, LA'KOHEN, MILVAD EIL HA'KIPURIM ASHER YECHAPER BO ALAV.]"- "And if the man has no relative to whom to return the debt, [then the debt being returned shall be for HaSh-m, for the Kohen, aside from the ram of atonement which shall atone for him.]" (Bamidbar 5:8)

4)[line 11]בגזל הגרGEZEL HA'GER

If someone (a) steals from a Ger who has no descendants (and therefore no legal relatives) and (b) swears falsely to the Ger denying the theft, then (c) later, after the Ger dies, admits to the theft, he must bring a Korban Asham, give to the Kohanim the value of the stolen object and add a fifth.

5)[line 14]וזקפו עליו במלוהV'ZAKFO ALAV B'MILVEH- he placed it upon him as a loan (letting him keep the money (that he had stolen) as a loan to be repaid later)


6)[line 12]לחזור אחריוLA'CHAZOR ACHARAV- to search after him (i.e. to find any close relatives that might inherit him)

7)[line 16]משמרMISHMAR

(a)The Kohanim were divided into 24 shifts according to their families (Mishmaros), each of which served in the Mikdash for two weeks out of a year. The Mishmaros changed on Shabbos, when the outgoing Mishmar did the Avodah in the morning and the incoming Mishmar did the Avodah in the afternoon.

(b)Every Mishmar was further divided into six Batei Avos, with the Kohanim of each Beis Av serving on a different day of the week. On Shabbos, all the Batei Avos of the Mishmar did the Avodah together (RASHI Menachos 107b). Some contend that the Mishmaros were divided into seven, and not six, groups, and only one group served on Shabbos (RASHI Ta'anis 26a - for more on this, see Insights to Shekalim 18:1).

(c)On the Shalosh Regalim (the holidays of Pesach, Shavuos, and Sukos) all of the Mishmaros Kehunah came to Yerushalayim to fulfill the Mitzvah of Aliyah l'Regel. At those times, Kohanim from any Mishmar were permitted to do the Avodah of the Regel.

8)[line 25]אינו יכול להוציאו מידוEINO YACHOL L'HOTZI'O MI'YADO- no one else can take it from his possession

9)[line 33]"ואיש את קדשיו לו יהיו [איש אשר יתן לכהן לו יהיה]""V'ISH ES KODASHAV LO YIHEYU; [ISH ASHER YITEN LA'KOHEN LO YIHEYEH.]"- "The holy objects of a man shall be for him; [that which a man gives to the Kohen shall be for him.]" (Bamidbar 5:10) - The Gemara derives from this verse that a Kohen may bring his own Korbanos at any time he wants (even when it is not the time of his Mishmar), and he keeps the meat and the hide for himself.

10)[line 36]"[והיה שדה בצאתו ביבל קדש לה' כשדה החרם לכהן תהיה] אחזתו""[V'HAYAH HA'SADEH B'TZEISO VA'YOVEL KODESH LA'SH-M KI'SEDEH HA'CHEREM, LA'KOHEN TIHEYEH] ACHUZASO."- "[And when the field goes out in the Yovel year it will be holy to HaSh-m, like a consecrated field; for the Kohen it will be] his property." (Vayikra 27:21)

11)[line 37]לשדה היוצאה לכהנים ביובלL'SADEH HA'YOTZ'AH LA'KOHANIM BA'YOVEL (SEDEH ACHUZAH)

(a)A Sedeh Achuzah is a field that came into the possession of its owner's family after the conquest and division of Eretz Yisrael, at the time of Yehoshua bin Nun.

(b)If a person was Makdish (consecrated to the possession of the Beis ha'Mikdash) his Sedeh Achuzah, everyone has the right to redeem it from Hekdesh from that day until Yom ha'Kipurim of the Yovel year. If the Makdish redeems it, he must pay to Hekdesh an additional fifth (of the ensuing total, or a quarter of the original value) of the value of the field. If the Makdish does not redeem his field by Yom ha'Kipurim of the Yovel year, but rather it is not redeemed, or another person redeems it, it is given to the Mishmar of Kohanim who are on duty at that time (Vayikra 27:15-21). If the son of the Makdish redeems the field, it is not given to the Kohanim; it returns to the possession of Makdish (Erchin 25b).

(c)When redeeming a Sedeh Achuzah from Hekdesh, its "value" is determined according to the fixed endowment value stated in Vayikra 27:16, i.e. 50 silver Shekels for every parcel of land that is normally sown with a Chomer (1 Chomer = 1 Kor = 30 Se'ah or approximately 216, 248.9, or 432 liters, depending upon the differing Halachic opinions) of barley seed (75,000 sq. Amos - see Background to Kidushin 60:17). However, fifty Shekels are given only if the field was redeemed at the beginning of a new Yovel cycle; the amount decreases proportionally with every year that passes until it is less than two years before the next Yovel. At that point, it is once again redeemed for fifty Shekels per Chomer (ibid. 25a).

12)[line 38]וגאלה אחד מן הכהניםV'GE'ALAH ECHAD MIN HA'KOHANIM- one of the Kohanim redeemed it (the field that was consecrated to the possession of the Beis ha'Mikdash)

13)[line 41]"כשדה החרם לכהן תהיה אחוזתו""KI'SEDEH HA'CHEREM, LA'KOHEN TIHEYEH ACHUZASO." - "... like a consecrated field; for the Kohen it will be] his property." (Vayikra 27:21; see above, entry #10) (CHEREM)

(a)There are two types of Charamim (a type of vow or pledge in which one pronounces "This object should be a Cherem"):

1.Chermei Kohanim, which are given to the Kohanim for their personal use and cannot be redeemed from the Kohen (see Bamidbar 18:14);

2.Chermei Gavo'ah, which are given to the Beis ha'Mikdash for the Bedek ha'Bayis and can be redeemed like any other Hekdesh.

(b)The verse quoted by our Gemara refers to the type of Cherem that is consecrated to be the property of the Kohanim.

14)[line 46]"ובא בכל אות נפשו ושרת""U'VA B'CHOL AVAS NAFSHO... V'SHERES"- "And he may come whenever he desires... and serve...." (Devarim 18:6-7)

15)[line 47]שעבודתה ועורה שלוSHE'AVODASAH V'ORAH SHELO (MATANOS)- its meat (see Rashi, and Rabeinu Chananel and Rashba cited by the Shitah Mekubetzes) and its hide belongs to him (MATANOS - the priestly gifts)

(a)Whenever a person slaughters an ox, sheep or goat (that is not Kodesh), he must give to a Kohen the Zero'a, Lechayayim and Keivah (the foreleg, the [lower] jaw, and the maw or abomasum [the last of a cow's four stomachs] (Devarim 18:3). 1. The ZERO'A consists of the two upper limbs of the right foreleg, from the knee until the top of the shoulder blade; 2. The LECHAYAYIM consists of the lower jaw, from the joint where it is attached to the upper jaw until the thyroid cartilage, including the tongue; 3. The KEIVAH consists of the maw together with its Chelev, but the Minhag of the Kohanim is to let the animal's owner keep the Chelev.

(b)Although one must give the Zero'a, Lechayayim and Keivah to a Kohen, they may be eaten by a non-Kohen.

16)[last line]בעל מוםBA'AL MUM - a Kohen with a physical blemish which renders him unfit to perform the Avodah in the Beis ha'Mikdash

(a)It is forbidden for a Kohen who has a Mum (blemish) to do the Avodah in the Beis ha'Mikdash, whether the Mum is a Mum Kavu'a (a permanent blemish; e.g. an amputated hand or foot) or a Mum Over (a temporary blemish; e.g. boils). [According to the Rambam this is counted as two Lavin (#70 and 71). According to the Ramban they are counted as one Lav.]

(b)There are three types of blemishes (Bechoros 43a): 1. blemishes that invalidate a Kohen from doing the Avodah or invalidate an animal from being offered as a sacrifice on the Mizbe'ach; 2. blemishes that only invalidate a Kohen but not an animal; 3. blemishes that invalidate a Kohen and also an animal but only because of Mar'is ha'Ayin (for appearance sake).

(c)If a Kohen who had a Mum did the Avodah: 1. if he had a Mum that invalidates Kohanim and animals, his Avodah is Pesulah whether he did it b'Shogeg or b'Mezid, and he receives Malkos if he did it b'Mezid; 2. if he had a Mum that only invalidates Kohanim, his Avodah is Kesheirah (RAMBAM Hilchos Bi'as ha'Mikdash 6:6); 3. if he had a Mum that only invalidates him because of Mar'is ha'Ayin, he does not receive Malkos and his Avodah is Kesheirah. (Sefer ha'Chinuch #275, 276)