BAVA KAMA 112 (25 Nisan) - Dedicated by Sandy and Les Wiesel in honor of the Yahrzeit of Les's father, Menachem Yehuda ben Rav Avigdor Yosef ha'Levy Wiesel z'l, who perished in the Holocaust, and in memory of his uncle, Harav Rav Avraham Yeshaya ben Rav Avigdor Yosef ha'Levy Wiesel z'l, whose Yahrzeit is 10 Nisan.

[112a - 39 lines; 112b - 57 lines]

1)[line 3]רביתRIBIS - interest, usury

(a)It is forbidden to lend money in return for interest (Shemos 22:24, Vayikra 25:36, Devarim 23:20). Even if interest is charged conditionally, and it is eventually not collected, the transaction is prohibited mid'Oraisa according to some Tana'im. It is also forbidden to take money in order to allow the borrower more time to complete the payment of the loan. (Such payment is known as "Agar Natar.")

(b)The Torah only forbids charging interest if the rate or amount of interest for a loan was fixed at the time that the loan was made. This is called Ribis Ketzutzah. If interest was paid but the amount paid was not fixed at the time of the loan, or if a higher price was paid in a sale in order that the seller should allow the buyer more time to complete his payment for the purchase, it is called Avak Ribis. This is forbidden mid'Rabanan.

(c)Certain payments that are not actually Ribis mid'Oraisa or mid'Rabanan were prohibited because they have similarities to Ribis. Chazal refer to this as "Ha'aramas Ribis."

2)[line 8]"אל תקח מאתו נשך ותרבית [ויראת מאלקיך וחי אחיך עמך]""AL TIKACH ME'ITO NESHECH V'SARBIS [V'YAREISA ME'ELOKECHA V'CHEI ACHICHA IMACH.]"- "Take no interest from him, or increase; [but fear your Elokim; that your brother may live with you.]" (Vayikra 25:36)

3)[line 8]אהדר ליה כי היכי דנחי בהדךAHADAR LEI KI HEICHI D'NEICHEI B'HADACH- give it (the interest payment) back to him so that he may live with you

4)[line 9]לדידיה קא מזהר ליה רחמנאL'DIDEI KA MEZAHER LEI RACHMANA; LI'VREI LO MEZAHER LEI RACHMANA- the Torah admonishes him (the lender) [to return the interest payment]; it does not admonish his son

5)[line 15]קטנים פטורין מלשלםKETANIM PETURIN MILE'SHALEM- minors are exempt from paying [or returning the stolen object, even if the object is still in existence, since this Beraisa follows the opinion of Sumchus (cited below) - RASHI]

6)[line 25]בין גדולים בין קטנים חייביןBEIN GEDOLIM, BEIN KETANIM CHAYAVIN- both adults and minors are obligated [to return the stolen object, since this Beraisa follows the opinion of the Rabanan - RASHI]

7)[line 27]פרה שאולהPARAH SHE'ULAH (SHO'EL)

(a)The Sho'el, or 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)A man who borrows an item and dies passes on to his heirs the rights to use the borrowed item for the remainder of the term of the loan. They, however, do not have the liabilities of the father, since they never accepted upon themselves the obligation of the Sho'el.

8)[line 29]דמי בשר בזולDEMEI BASAR B'ZOL- the bargain price of meat, which is two thirds the regular price (Bava Basra 146b)

9)[line 34]פטור שאיסור שבת ואיסור גניבה באין כאחדPATUR, SHE'ISUR SHABBOS V'ISUR GENEIVAH BA'IN K'ECHAD (KAM LEI BID'RABAH MINEI - literally, "he remains with the worse of the two," or, "a more severe punishment exempts one from the less severe one")

(a)When one performs a single act from which he incurs two punishments, or a punishment and a monetary liability, the more severe punishment exempts the sinner from the less severe one. For example, one who stabs another to death will not have to pay for the shirt that he tore while stabbing.

(b)This rule is only true if the two punishments, or the punishment and the monetary liability, are caused by a "single action." If one follows the other, even by one second, the sinner is punished with both punishments. The Gemara (Kesuvos 31a) questions what defines the difference between "a single action" and different actions. According to one opinion, the entire series of actions which define the more severe sin are considered a single action with regard to Kam Lei bid'Rabah Minei.

(c)There are a number of situations in which this rule does not apply:

1.Rebbi Meir holds that it only applies to a death penalty. One who is punishable with Malkos, though, is required to pay as well as to receive Malkos. (Kesuvos 33b)

2.If one sins b'Shogeg, Kam Lei bid'Rabah Minei does not necessarily apply (that is, since no actual punishment is executed, the potential punishment does not exempt the sinner from monetary liability), as follows: If the sin is one which warrants the death penalty, Rav Dimi holds that Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Rabah Minei applies, while Ravin says that they both agree that it applies. If the sin is one which warrants Malkos, Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Rabah Minei applies. (Kesuvos 34b-35a)

3.In certain cases, if the monetary liability is paid to a person other than the victim, the sinner may be liable to pay even though he is also punished with the death penalty or Malkos.

10)[line 37]טרק גליTARAK GALEI- he [slammed and] locked the door

11)[line 38]באפיה דרבי ירמיהB'APEI D'REBBI YIRMEYAH- in Rebbi Yirmeyah's face (Rebbi Yirmeyah was trying to make a Chazakah - see Background to Bava Kama 51:26:c:3 - on his father-in-law's house, claiming that it was sold to him while his father-in-law was still alive)

12)[line 38]אתא לקמיה דרבי אביןASA L'KAMEI D'REBBI AVIN- Rebbi Yirmeyah appeared before [the court of] Rebbi Avin

13)[line 38]אמר ''שלו הוא תובע!''AMAR, ''SHE'LO HU TOVE'A!''- he (Rebbi Avin) said, "He (the orphan, Rebbi Yirmeyah's brother-in-law) is only claiming what is rightfully his [since he has inherited the house]!"


14)[line 1]שלא בפני בעל דיןSHE'LO BIFNEI BA'AL DIN- when the litigant is not present (since the Torah considers minors as having no intelligence with regard to Halachic matters, it is as if he is not there)

15)[line 3]איכפל כולי עלמא וקאי כסומכוס לאפקוען לדידי?ICHPAL KULEI ALMA V'KAI K'SUMCHUS L'AFKU'AN L'DIDI?- Did the entire world trouble themselves to rule according to the opinion of Sumchus in order to collect from me (i.e. to deprive me of my legal claim to the house)?

16)[line 8]תינוק שתקף בעבדיוTINOK SHE'TAKAF B'AVADAV- (a) a child who forced his slaves help him in his dishonest plans; (b) a child who forcefully took possession of slaves [and used them to further his dishonest plans]

17)[line 15]תהי בה ר' יוחנןTAHI BAH REBBI YOCHANAN- Rebbi Yochanan wondered about and contemplated it (Rebbi Shabsai's ruling)

18)[line 26]דיסקאDISKA- a subpoena (a written summons to appear in court)

19)[line 27]מקיימין את השטרMEKAIMIN ES HA'SHTAR (KIYUM SHTAROS)

Mid'Oraisa, a Shtar (contract) or Get which was written legally and signed by witnesses is considered absolute proof. The Chachamim, out of fear of forgeries, required that every Shtar be validated ("Kiyum") in one of the following manners:

1.The witnesses themselves attest to the validity of their signatures.

2.Two other witnesses who recognize the signatures attest to their validity.

3.The signatures are matched to those on a previously validated Shtar or Get.

20a)[line 35]נקיטו לי זימנאNEKITU LI ZIMNA- give me time (leeway)

b)[line 35]עד דמייתינא סהדי ומרענא ליה לשטראAD D'MAISINA SAHADEI U'MARA'NA LEI LI'SHTARA- until I bring witnesses who will invalidate the document

21)[line 37]נטרינן ליה בה''בNATRINAN LEI BH''B- we wait for the next sequence of the following three days: Monday, Thursday, Monday

22)[line 38]פתיחאPESICHA - a writ of excommunication (NIDUY/SHAMTA - excommunication)

(a)The minimum period of Niduy is thirty days in Eretz Yisrael or seven days in Bavel and elsewhere. If the Menudeh does not repent from his ways he is put into Niduy for a second thirty-day period. If he still does not repent, he is then put into Cherem. The laws of Cherem are much more stringent.

(b)No one may come within four Amos of the Menudeh, except for his wife and family. He is not permitted to eat or drink with other people, nor is he included in a Zimun or any other Mitzvah that requires a quorum of ten men. He may not wash his clothes, shave or take a haircut or wear shoes. Learning and teaching Torah, however, are permitted, as well as engaging in work. The last two are not permitted to a Muchram, who must learn by himself and engage in work to the minimum that will provide him daily sustenance. People may speak with the Menudeh or the Muchram unless Beis Din specifically prohibits it.

(c)Even if the period of Cherem or Niduy has ended, a person remains in Niduy or Cherem until he is permitted by three commoners or by an expert sage (SHULCHAN ARUCH Yoreh De'ah 334:27 and REMA ibid. 334:24).

23)[line 41]אדרכתאADRACHTA- a document giving permission for a creditor to seize the possessions of a debtor

24)[line 47]שמא תכסיףSHEMA TACHSIF- lest it deteriorate, depreciate in value (through neglect) if he (the Malveh) does not care for the field, since he realizes that it may be taken away from him