BAVA KAMA 117 - Dedicated by Dr. David and Ellen Friedman in honor of the Yahrzeit of David's father, Yakov Yosef ben Rav Nosson Neta Z'L Friedman.

[117a - 50 lines; 117b - 53 lines]

1)[line 4]המטמאMETAMEI- one who makes someone else's Taharos (food items that are Tahor, Halachically pure) become Tamei (Halachically impure - see Background to Gitin 52:48)

2)[line 4]והמנסךHA'MENASECH - one who makes someone else's wine become Yayin Nesech (YAYIN NESECH)

(a)Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This is derived from the verse, "Asher Chelev Zevacheimo Yochelu, Yishtu Yein Nesicham" - "Those who ate the fat of their sacrifices, and drank the wine of their drink offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrificed for idolatrous purposes.

(b)The Chachamim prohibited the wine of a Nochri that was not poured as a libation (Stam Yeinam) out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah. Although this is only an Isur mid'Rabanan, it is a very severe prohibition (see CHOCHMAS ADAM 75:1).

3)[line 5]המדמעHA'MEDAME'A - one who mixes Terumah into someone else's Chulin

(a)If Terumah is mixed into Chulin, the entire mixture becomes prohibited. The Terumah only becomes Batel (canceled) if one part of Terumah falls into at least 100 parts of Chulin. Even if the Terumah is Batel, it is forbidden for non-Kohanim to eat the entire mixture; the equivalent of the amount of Terumah that fell in must first be removed from the mixture and given to a Kohen.

(b)If the percentage of Terumah that fell into the Chulin was greater than one in one hundred, the mixture is known as Meduma (lit. mixed) and is forbidden to be eaten by non-Kohanim. It can only be sold at a loss, since the owner cannot charge the Kohanim more than the price of Terumah for Meduma.

(c)According to TOSFOS in Chulin 99a DH Ein, this law applies only if the Terumah was the same type of food as the Chulin; otherwise Terumah is Batel just like any other Isur (Shishim, one sixtieth).


(a)HOTZA'AH - Hotza'ah is the last of the thirty-nine Avos Melachos of Shabbos. It involves either:

1.transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain),

2.Hachnasah, which refers to transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid,

3.Ma'avir Arba Amos b'Reshus ha'Rabim, or carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos,

4.Moshit, which involves passing an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 96:3). These are all Biblical prohibitions.

(b)AKIRAH & HANACHAH - In order to transgress the biblical prohibition of Hotza'ah, certain conditions must be met. An Akirah (initiation of movement) and a Hanachah (putting the object to rest) must be performed on the object by the same person. If one person does the Akirah and another does the Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a.

5)[line 15]שיראיןSHIRA'IN- silk garments


See Background to Bava Kama 112:9.

7)[line 15]עקירה צורך הנחה היאAKIRAH TZORECH HANACHAH HI

(a)In the context of the Melachah of Hotza'ah on Shabbos, Akirah (the initiation of movement) is needed for and is a necessary part of the Hanachah (the act of putting the object to rest), and one action is considered to have taken place from the beginning of the Akirah until the end of the Hanachah. As such, the garments are considered to have been torn at the same time as the desecration of Shabbos, since the tearing took place between the Akirah and the Hanachah.

(b)Similarly, with regard to Yayin Nesech, picking up (i.e. stealing) the wine is considered to have been done at the same time as the Nisuch (but see SHITAH MEKUBETZES citing the RA'AVAD).


(a)When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Similarly, when a thief steals an object, he is only subject to the various Halachos and penalties of stealing when he makes a Ma'aseh Kinyan on the stolen object. Depending on what object one is acquiring or stealing, different Kinyanim are used, as follows.

(b)The forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) are:

1.Hagbahah, i.e. lifting the item;

2.Meshichah, i.e. pulling the item or causing it to move;

3.Mesirah, i.e. handing over the reins of an animal the tie lines of a boat or a bill of debt (Shtar Chov);

4.Chatzer, i.e. bringing the item into one's private domain;

5.Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement). (This Kinyan does not apply to theft.)

6.Agav, i.e. acquiring the movable object automatically upon the acquisition of land. (This Kinyan also does not apply to theft.)

9)[line 17]לבי אביוניBEI EVYONEI- the name of a place (RASHI)

10)[line 19]אהדר עובדא למריהAHADAR UVDA L'MAREI- rescind [your decision in] this case [and return the money] to its owner

11)[line 20]נטל ונתן ביד חייבNATAL V'NASAN B'YAD CHAYAV- if he [physically] took it and handed it over [to the agents of the king,] he is liable

12)[line 22]אמרו ליה ''דרי ואמטי בהדן!''AMRU LEI, ''DAREI V'AMTEI B'HADAN!''- they said to him, "Pick up [the wine] and bring it with us [to the palace of the king]!"

13)[line 24]דלא אוקמיה עילויה מעיקראD'LO UKMEI ILAVEI ME'IKARA- where they have not laid their claim on it

14)[line 25]אבל היכא דאוקמיה עילויה מעיקרא מיקלי קלייהAVAL HEICHA D'UKMEI ILAVEI ME'IKARA, MIKLI KALYEI- but where they have laid a claim on it, it has already been exposed to the covetousness of thieves (lit. is [considered to be] burned up)

15)[line 26]הושיט ליHOSHIT LI- pass over to me

16)[line 26]פקיע עמירPEKI'A AMIR- a bundle of sheaves

17)[line 27]בתרי עברי נהראB'TREI IVREI D'NAHARA- two sides of a river

18)[line 28]שותאSHUTA- a trap, net

19)[line 29]לפרהגנא דמלכאPARHANGA D'MALKA- the king's official

20)[line 30]וכל כמיניה?V'CHOL KEMINEI?- But does he have such power?

21)[line 31]משמתינן ליהMESHAMTINAN LEI - we excommunicate him (NIDUY / SHAMTA)

See Background to Bava Kama 112:22.

22)[line 33]שמטיה לקועיה מיניהSHAMTEI L'KO'EI MINEI- he tore out his windpipe, i.e. he killed him

23)[line 34]"בניך עולפו שכבו בראש כל חוצות כתוא מכמר...""BANAYICH ULEFU, SHACHEVU B'ROSH KOL CHUTZOS, K'SO MICHMAR..."- "Your sons have fainted, they lie at the head of all the streets, as a wild bull in a net..." (Yeshayah 51:20).

24)[line 36]אמר ליה רב ''כהנא''AMAR LEI RAV, ''KAHANA...''- Rav said to him, "Kahana..."

25)[line 37]קום סקKUM SAK- get up and go

26)[line 38]וקביל עלך דלא תקשי לרבי יוחנן שבע שניןV'KABIL ALACH D'LO TIKSHI L'REBBI YOCHANAN SHEVA SHENIN- and accept upon yourself to not ask Rebbi Yochanan any questions for seven years

27)[line 39]מסיים מתיבתא דיומאMESAYEM MESIVTA D'YOMA- he reviewed (for the benefit of the students) [the teachings of Rebbi Yochanan that they heard in] the Beis ha'Midrash that day

28)[line 42]בדרא קמאDARA KAMA- the first row [of students]

29)[line 45]אמר ''יהא רעוא דהני שבע דרי להוו חילוף שבע שנין דאמר לי רב!''AMAR, ''YEHE RA'AVA D'HANI SHEVA DAREI LEHAVU CHILUF SHEVA SHENIN D'AMAR LI RAV!''- he (Rav Kahana) said, "May it be the will [of HaSh-m] that those seven rows (from which I was demoted) should stand in place of the seven years in which Rav said to me [not to ask any questions of Rebbi Yochanan]!"

30)[line 46]בסתרקיBISTARKEI- rugs

31)[line 48]ומסרחי גביניהU'MESARCHEI GEVINEI- [the hairs of] his eyebrows (or eyelashes) [were so long that they] hung down [over his eyes]

32)[line 48]דלו לי עיני ואחזייהDALU LI EINAI V'ACHZEYEI- lift up [the hairs of my eyebrows (or eyelashes) from over] my eyes and I will see him

33)[line 49]במכחלתא דכספאB'MICH'CHALTA D'CHASPA- with a silver comb

34)[line 49]חזא דפרטיה שפוותיהCHAZA D'PARTEI SIFVASEI- he saw that his lip was split (making it look like he always had a smirk on his face)

35)[line 49]סבר אחוך קמחייך ביהSAVAR ACHUCH KA'MECHAYICH BEI- he (Rebbi Yochanan) assumed that he (Rav Kahana) was laughing at him

36)[line 49]חלש דעתיה ונח נפשיהCHALASH DA'ATEI V'NACH NAFSHEI- he (Rebbi Yochanan) became upset, dejected and he (Rav Kahana) died

37)[last line]חזיתו לבבלאה היכי עביד?CHAZISU L'BAVLA'AH HEICHI AVID?- Did you see how that Babylonian acted [disrespectfully towards me]?

38)[last line]דרכיה הכיDARKEI HACHI!- That is just the way [he looks]!

39)[last line]על לגבי מערתאAL L'GABI ME'ARTA- He went into his [burial] cave


40)[line 1]הדרא ליה עכנאHADRA LEI ACHNA- a large snake encircled the mouth of the cave, the tip of its tail in its mouth

41)[line 4]בעא רחמי ואוקמיהBA'I RACHAMEI V'UKMEI- He asked for Divine Mercy and he brought him back to life (lit. stood him up)

42)[line 8]תייריהTIREI- he woke him up (the next step in bringing Rav Kahana back to life)

43)[line 10]דילכון אמרי דילהון היאDILECHON AMRI, DILEHON HI!- I used to say that the Torah could be considered as belonging to the scholars of Eretz Yisrael. Now I see that this is true about the Torah of the scholars of Bavel

44)[line 11]אמטכסאA'METAKESA- silk goods

45)[line 19]דדייני דינאDINA D'GARMI

(a)Rebbi Meir holds a person liable for damaging another person or his possessions even in an indirect manner. For example, not rebuilding a fence that separates between the fields of two landowners may cause one person's vines to prohibit the grain of his neighbor as Kil'ayim (see Background to Yevamos 81:11). Rebbi Meir holds the person who did not rebuild his fence liable for causing the other field to become prohibited.

(b)There are two manners of causing indirect damage. The less direct manner is known as "Gerama," for which even Rebbi Meir does not hold a person liable. The more direct manner is known as "Garmi," for which Rebbi Meir holds a person liable. (The Rishonim argue as to the definition of "more direct.") Our Gemara records that the Amora'im Rebbi Shimon ben Elyakim and Rebbi Elazar ben Pedas also hold a person liable for Eina d'Garmi

46)[line 26]אמידAMID- wealthy

47)[line 28]ארנקא דפדיון שבוייםARNEKA D'FIDYON SHEVUYIM- a pouch of money collected for the redemption of captives

48)[line 32]במבראMABRA- ferry, raft

49)[line 33]בעי לאטבועיBA'I L'ATBU'EI- he (the donkey) tried to sink it (the raft)

50)[line 33]מלח ליה לחמראMALACH LEI L'CHAMRA- he tried to counterbalance the donkey (alt. Girsa MALACH BEI CHAD MINAIHU - one of them tried to keep the raft in balance [against the donkey that threatened to upset it] (RIF)

51)[line 35]רודףRODEF

(a)A person is allowed to save himself from a "Rodef" (an assailant pursuing him with the intention of murdering him), even by killing the Rodef, if he cannot save himself in any other way. In this situation, the Torah teaches, "ha'Ba l'Horgecha, Hashkem v'Horgo" - "When someone tries to kill you, rise up and kill him first."

(b)The owner of the donkey in our Gemara is considered to have been a Rodef since he was responsible for the actions of his donkey that tried to sink the raft.

52)[line 37]נרדףNIRDAF- the one who is being pursued by the Rodef

53)[line 42]ושטפה נהרV'SHATFAH NAHAR- the river flooded [the field mentioned in the Mishnah above, Daf 116b]

54)[line 44, 47]דרש רבוי ומיעוטי/דרשי כללי ופרטיDARASH RIBUYEI U'MI'UTEI / DARSHEI KLALEI U'FRATEI

(a)In order to extract the Halachah from the verses of the Torah, many Tana'im interpret the verses on the basis of Klalim (generalizations) and Pratim (specifications). Others interpret the verses on the basis of Ribuyim (inclusions, i.e. qualifications that enlarge the scope of the law) and Mi'utim (exclusions).

(b)According to the approach that learns Klalei u'Fratei, when a Klal is followed by a Prat, which is followed in turn by another Klal, then everything belonging to the general category that is similar to the Prat is included. Anything that is not in the general category of the limiting Prat is not included. According to the approach that learns Ribuyei u'Mi'utei, the outcome mentioned previously (for Klal u'Frat u'Chlal) is already achieved when a Ribuy is followed only by a Mi'ut. When a Ribuy is followed by a Mi'ut and the Mi'ut is followed in turn by another Ribuy, then everything is included except for one item that is totally dissimilar to the limiting Mi'ut. (This means that the verse will include more instances than the first opinion assumed.)

55)[line 45]"... וכחש בעמיתו בפקדון...""... V'CHICHESH BA'AMISO B'FIKADON..."- "[If a soul sins, and commits a trespass against HaSh-m,] and lies to his neighbor in that which was delivered him to keep, [or in fellowship, or in a thing taken away by violence, or has deceived his neighbor]" (Vayikra 5:21).

56)[line 45]"[או מ]כל אשר ישבע עליו לשקר...""[O MI']KOL ASHER YISHAVA ALAV LA'SHEKER..."- "[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, on the day that he admits his guilt" (Vayikra 5:24).

57a)[line 48]דבר המיטלטלDAVAR HA'MITALTEL- a movable object

b)[line 48]וגופו ממוןV'GUFO MAMON- and it has intrinsic monetary value

58)[line 50]יצאו עבדים שהוקשו לקרקעותYATZ'U AVADIM SHE'HUKSHU L'KARKA'OS- slaves are excluded since they are compared to land