PAST DEDICATION
BAVA KAMA 113 (26 Nisan) - dedicated by Mr. Avi Berger of Queens, N.Y./Passaic, N.J. in memory of his mother, Leah bas Michel Mordechai, in honor of her Yahrzeit.

1)

HOW AND WHEN WE ISSUE A SUMMONS

(a)

(Ravina): We rely on a woman or neighbors to inform Reuven that he must come to Beis Din. If he does not come in time, we excommunicate him.

1.

This is only if Reuven is not in the city. If he is, we do not rely on them, lest they not bother to tell him, for they assume that a Shali'ach of Beis Din will tell him.

2.

This is only if Reuven does not regularly pass by Beis Din. If he does, a woman or neighbor might assume that Beis Din told him.

3.

This is only if Reuven normally returns home each day. If not, we are concerned lest they forget to tell him.

(b)

(Rava): If a Pesichah was written against Reuven for not coming to Beis Din, we do not tear it until he comes to Beis Din;

1.

If it was written for not complying with the verdict, we do not tear it until he complies with the verdict.

(c)

Rejection: This is wrong. Once he agrees to comply with the verdict, we tear it up.

(d)

(Rav Chisda): We summons someone to come to Beis Din on Monday. If he does not come, we summons him on Thursday, then again on Monday;

1.

We do not write the Pesichah until Tuesday (perhaps he will come at the end of the day on Monday).

(e)

Rav Kahana summonsed a woman in the evening. The next morning, he wrote a Pesichah.

1.

Rav Asi: Rav Chisda said that we write only after summonsing on Monday, Thursday, and Monday!

2.

Rav Kahana: He refers to a man, who is often away. Women are in town, so failure to come immediately is rebellion.

(f)

(Rav Yehudah): We do not summons people to come in Nisan, Tishrei, Erev Yom Tov or Erev Shabbos (for people are busy then);

(g)

We may summons in Nisan or Tishrei to come after Nisan or Tishrei;

(h)

We do not summons people on Erev Shabbos to come after Shabbos.

(i)

Question: What is the reason?

(j)

Answer: Since he is busy preparing for Shabbos, he will forget.

(k)

(Rav Nachman): We do not summons people when they come to hear the Chacham on Shabbos or in the month before the festivals.

1.

Nowadays, people pretend that they came to hear the Chacham (to avoid being summonsed). If Beis Din believes that this is the case, they give no exemption.

2)

WHEN CHILDREN MUST RETURN THEIR FATHER'S THEFT

(a)

(Mishnah): If Reuven stole something with Achrayus (e.g. land) and died (leaving it to his children), they must return it.

(b)

Rebbi: This refers not only to land. Even if he stole an animal to work with it, they must return it, due to their father's honor (lest it remind people of the theft).

(c)

Question (Rav Kahana): What is the law regarding a bed or table to recline or eat on?

(d)

Answer (Rav): This is like an animal to work with it.

3)

THE LAW OF THE KINGDOM

(a)

(Mishnah): One may not change coins with or take Tzedakah from a tax collector (we assume that his money was stolen), but one may take from (the collector's own money from) his house or in the market.

(b)

(Gemara - Beraisa): One may take change from a tax collector when paying the tax.

(c)

Version #1 (Mishnah): From a tax collector...

(d)

Question: Shmuel taught that the law of the kingdom is binding! (What he takes is not theft!)

(e)

Answer #1 (Rav Chanina bar Kahana): The Mishnah discusses a tax collector who takes as much as he wants.

(f)

Answer #2 (Tana d'Vei R. Yishmael): The Mishnah discusses a self-appointed tax collector.

(g)

Version #2 (Mishnah): One may not wear Shatnez, even on top of 10 layers of clothing, to evade the tax.

(h)

The Mishnah is not like R. Akiva.

1.

(Beraisa): It is forbidden to evade the tax;

2.

R. Shimon says, R. Akiva permits (wearing Shatnez) to evade the tax.

(i)

Question: We understand the argument about Shatnez. The first Tana forbids Davar she'Eino Miskaven (he does not intend to benefit from wearing Shatnez), and R. Akiva permits;

1.

However, all should forbid to evade the tax!

2.

(Shmuel): The law of the kingdom is binding.

(j)

Answer #1 (Rav Chanina bar Kahana): The Beraisa discusses a tax collector who takes as much as he wants.

(k)

Answer #2 (Tana d'Vei R. Yishmael): It discusses a self-appointed tax collector.

(l)

Version #3 (Mishnah): We may falsely vow to murderers, extortionists and tax collectors, and say that something is Terumah or belongs to the king.

(m)

Question: Why may we lie to tax collectors? Shmuel taught that the law of the kingdom is binding!

(n)

Answer #1 (Rav Chanina bar Kahana): The Mishnah discusses a tax collector who takes as much as he wants.

(o)

Answer #2 (Tana d'Vei R. Yishmael): The Mishnah discusses a self-appointed tax collector.

(p)

Answer #3 (Rav Ashi): The Mishnah discusses a Nochri tax collector.

1.

(Beraisa - R. Yishmael): If a Yisrael and a Nochri (extortionist - some texts deletes this) came for judgment:

i.

If Torah law favors the Yisrael, we rule according to Torah law. If Nochri law favors the Yisrael, we rule according to Nochri law. If neither favors the Yisrael, we seek a ruse to exempt the Yisrael;

2.

R. Akiva says, we may not seek a ruse. This is not Kidush Hash-m (sanctification of His name)!

3.

Inference: If not for Kidush Hash-m, we could use a ruse! (end of Version #3)

4)

STEALING FROM NOCHRIM

(a)

Question: One may not steal from Nochrim!

1.

(Beraisa - R. Shimon citing R. Akiva): The law of a Yisrael slave sold to a Nochri teaches that one may not steal from Nochrim.

2.

"After he is sold, he will have redemption" - we may not forcibly take him without paying.

113b----------------------------------------113b

3.

Suggestion: Perhaps the Nochri can demand more than he is entitled to! (Rashi; Tosfos - perhaps one may trick the Nochri and underpay!)

4.

Rejection: "He will calculate with the master" - he will make a precise calculation with the master.

(b)

Answer #1 (Rav Yosef): This Beraisa refers to a Ger Toshav, but one may steal from a Nochri.

(c)

Question (Abaye): The same verse discusses both a Nochri and a Ger Toshav!

1.

(Beraisa): "(A Eved Ivri will be sold) to a Ger" does not refer to a convert, for it says "to a Ger Toshav";

2.

"The family of a Ger" refers to a Nochri;

3.

"L'Eker" is one sold to service the image itself!

(d)

Answer #2 (Rava): It is forbidden to steal from a Nochri, but one may use a ruse to evade paying a debt to a Nochri.

(e)

Question (Abaye): But one must pay the proper redemption to a Nochri, even though this is like a debt!

(f)

Answer: We know that Rava holds that a Yisrael slave is bodily owned by his master (for the period of service - therefore, to forcibly take him without paying the proper amount is outright theft).

(g)

(Rav Bivi bar Gidal): It is forbidden to steal from a Nochri, but one may keep an Aveidah of a Nochri.

(h)

(Rav Huna): One may not steal from a Nochri. We learn from "you will consume all those that Hash-m gives to you";

1.

You are permitted (to steal from them) only when you conquer them in war.

(i)

(Rav Chama bar Gurya): One may keep an Aveidah of a Nochri. We learn from "for any Aveidah of your brother";

1.

You return an Aveidah of your brother, but not an Aveidah of a Nochri.

(j)

Question: Perhaps that only exempts one from taking the object to return it. What is the source that one who took it may keep it?

(k)

Answer (Ravina): "And you found it" connotes that he already picked it up (and still, you must return only to your brother).

(l)

(Beraisa - R. Pinchas ben Ya'ir): If desecration of Hash-m's name will result, even keeping a Nochri's Aveidah is forbidden.

(m)

(Shmuel): If the Nochri erred, one may take advantage of this.

1.

A Kusi (thought that he) sold a copper Kli to Shmuel. Really, it was gold;

2.

Further, Shmuel only paid three, in place of four. The Kusi did not notice.

(n)

Rav Kahana bought 120 Kelim from a Kusi for 100. He paid only 99, and told him 'I rely on you (to verify that I paid correctly.' Some explain that the Kusi told Rav Kahana 'I rely on you.')

(o)

Ravina bought a date tree in partnership with a Kusi, each would take half the wood. He told his servant to take from the trunk (before the Kusi takes), because the Kusi only looks at the number of logs, not the thickness.

(p)

Rav Ashi was walking; he saw some grape clusters hanging on vines in an orchard. He told his servant 'see who owns them. If it is a Kusi, bring them to me. If it is a Yisrael, do not.'

1.

The owner, a Kusi, heard this. He angrily asked 'may you steal from Kusim?!'

2.

Rav Ashi: (I did not want to take for free.) A Kusi would accept money for them, but a Yisrael would not.

5)

THE LAW OF THE KINGDOM

(a)

(Shmuel): The law of the kingdom is binding.

(b)

Support (Rava): Surely this is true. The kingdom cuts trees to make bridges, and we use them! (If the kingdom's law were not valid, the bridges would be stolen property, and we could not use them!)

(c)

Question (Abaye): Perhaps we may use them because the owners despaired from getting back their wood!

(d)

Answer (Rava): If the kingdom's law were not valid, the despair would not take effect (since the logs are in front of us)!

(e)

Question: (Even if the kingdom's law is valid, why may we use them?) The trees are not cut like the king says!

1.

The king says to cut some from every valley. The cutters take them all from one valley!

(f)

Answer: Sheluchim of the king are like the king. They need not exert themselves to take from each valley;

1.

Members of the valley they take from are entitled to demand compensation from the other valleys. If they did not do so, they inflicted the loss upon themselves!

(g)

(Rava): If there were partners in grain, and the tax collector found one of them with his grain and took the taxes, this was on behalf of all the partners, and they must compensate him.

1.

This refers only to a partner. The tax collector has no right to take taxes on the owner's grain from the sharecropper's portion (if he does, it is theft).

(h)

(Rava): A (Yisrael) tax collector may (forcibly) take a security from someone for the tax owed by someone of the same city.

1.

This applies only to this year's land and head taxes, but not from a previous year (for which the king has already received the tax. What is collected from now on (for last year) belongs to the tax collector. He may not forcibly take a security from Ploni for what Almoni owes.

6)

DEALINGS WITH NOCHRIM

(a)

(Rava): One may not buy animals from Nochrim who are paid to fertilize fields with their animals, inside the Techum (outskirts) of the city.

(b)

Question: What is the reason?

(c)

Answer: Animals of Yisraelim get mixed with their animals.

(d)

(Rava): One may buy animals from Nochrim who fertilize fields outside the Techum.

(e)

(Ravina): If the owners are chasing after them, even outside the Techum is forbidden.

(f)

(Rava): If a Yisrael testifies for a Kusi (without the Kusi requesting him to - the Gra deletes this from the text) in a Kusi court against a Yisrael, we excommunicate him.

(g)

Question: What is the reason?

(h)

Answer: Their courts make someone pay according to one witness.

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