BAVA METZIA 22 - Dedicated by Yeshayahu Schmidt of Clifton, New Jersey, and family. May the Zechus of teaching Torah to Klal Yisrael bring them good health and the fulfillment of all of their material needs so that they may continue to dedicate their energy to Torah and Mitzvos. Hashem will certainly bestow upon them the unique Berachah He reserves for those who support Torah with joy!

[22a - 45 lines; 22b - 51 lines]

1)[line 1]ירדןYARDEN- the Jordan river. This is true for all rivers; the reason why the Tana of this Beraisa mentioned the Jordan River is because he lived alongside it.

2)[line 3]דקא חזי להוD'KA CHAZI LEHU- he saw them [take his item and he was immediately Meya'esh]

3)[line 4]תרגמה רב פפא בלסטים מזויןTIRGEMA RAV PAPA B'LISTIM MEZUYAN- Rav Papa explained [the Beraisa to be referring to] a case of armed bandits [who are called "Ganavim" because they hide at first in order to ambush travelers (Bava Kama 57a)]

4)[line 5]תרי גווני גזלןTREI GAVNEI GAZLAN- (the Gemara answers) [indeed; the Beraisa refers to] two types of Gazlan

5)[line 6]שטףSHATAF- washed away

6a)[line 6]קוריוKORAV- his wooden beams

b)[line 6]עציוETZAV- his [cut] branches

7)[line 7]הרי אלו שלו מפני שנתיאשו הבעליםHAREI ELU SHE'LO MIPNEI SHE'NISYA'ASHU HA'BE'ALIM- (a) they belong to him [since their owners certainly heard that they were washed away as soon as it happened] and their owners despaired of ever retrieving them (RASHI); (b) according to the Girsa IM NISYA'ASHU HA'BE'ALIM, HAREI ELU SHE'LO - if their owners [were there at the time and made no attempt to save them before they were washed away, thereby] demonstrating that they had no plans of retrieving them, then he may keep them (TOSFOS DH Shataf)

8)[line 9]הא סתמאHA SETAMA- in a standard case [(a) in which there is no reason to think that the owners were aware of their loss as it happened (RASHI); (b) in which the owners were not there at the time that they were washed away and therefore were not Meya'esh until later (TOSFOS DH Shataf)]

9)[line 9]כשיכול להצילKESHE'YACHOL L'HATZIL- [in a case] in which (a) he is able to [physically] recover [his item, which is similar to a case in which one can recover his item through a Siman in which Rava does not disagree] (RASHI); (b) he is able to recover [his item even after it has been washed away, since it has a Siman] (TOSFOS DH Shataf)

10)[line 11]מרדפיןMERADFIN- chasing

11)[line 12]מאי אריא...?MAI IRYA...?- why specify...?

12)[line 13]ביכולין להציל על ידי הדחקBI'YECHOLIN L'HATZIL AL YEDEI HA'DECHAK- [we refer to a case] in which: (a) they are able to save [their items only] through an intense [and immediate] effort [or else they will be irretrievably washed away] (RASHI); (b) they are able to recover [their items through the Siman afterwards only] with difficulty [since they have been washed far downstream, in which case that which they made no effort to save them when it was easy to do so shows that indeed have no plans of retrieving them] (TOSFOS DH Shataf)

13)[line 15]התורם שלא מדעתHA'TOREM SHE'LO MIDA'AS- one who designates Terumah (see Background to 21:59) [of another from that other's produce] without his knowledge

14)[line 17]ליקטLIKET- he gathered [produce]

15)[line 21]כלך אצל יפות!KELACH ETZEL YAFOS!- [why did you not] turn to the higher quality produce [and designate it as Terumah]!

16)[line 23]אין תרומתו תרומהEIN TERUMASO TERUMAH- that which he designated as Terumah has not gained the status of Terumah [since it is clear from the owner's sarcastic response that he was not pleased with the designation]

17)[line 24]והוסיפו עליהןV'HOSIFU ALEIHEN- if [the owner] added to [that produce that the other had designated as Terumah]

18)[line 26]בעידנא דתרם, הא לא הוה ידע!B'IDNA D'TARAM, HA LO HAVAH YADA!- at the time that he designated it as Terumah, [the owner] did not know [that his produce had been so designated, and yet his acquiescence after the fact retroactively allows us to consider it as if he had agreed then]! [So, too, Ye'ush she'Lo mi'Da'as should retroactively be considered as if he had been Meya'esh them, as Rava explained!]

19)[line 27]דשויה שליחD'SHAVYEI SHALI'ACH- [the case of the Beraisa is one] in which [the owner of the produce] had appointed him as his agent [to separate Terumah]

20)[line 29]"אתם" "גם אתם""ATEM" "GAM ATEM"- [instead of stating, "So shall] you [lift up an offering to Hash-m from all your tithes ...", the verse states, "So shall] you also [lift up an offering to Hash-m from all your tithes ...]" (Bamidbar 18:28). This verse describes the separation of Terumos.

21)[line 30]מה "אתם" לדעתכםMAH "ATEM" L'DA'ASCHEM- just as "you" (i.e., the owner of the produce) are aware [of your designation]

22)[line 32]זילZIL- go

23)[line 33]סתמיה דבעל הביתSETAMEI D'VA'AL HA'BAYIS- we may assume that [on average] the owner of produce

24)[line 34]מבינוניתMI'BEINONIS- from mid-quality [produce]

25)[line 38]אקלעוIKLE'U- they went up

26)[line 38]לבוסתנאL'BUSTENA- to the orchard

27a)[line 38]אייתי אריסיה תמרי ורימוניAISI ARISEI TAMREI V'RIMONEI- his sharecropper brought dates and pomegranates

b)[line 38]ושדא קמייהוV'SHADA KAMAIHU- and placed (lit. threw) them in front of them

28)[line 39]אדהכיAD'HACHI- meanwhile

29)[line 40]אשכחינהוASHKECHINHU- he found them

30)[line 40]מהנך שפירתאME'HANACH SHAPIRTA- those of better quality

31)[line 41]מרMAR- a third-person term of respect

32)[line 43]לא אמרו "כלך אצל יפות"LO AMRU "KELACH ETZEL YAFOS"- [the Chachamim] did not say [that a question of "Why did you not] turn to the higher quality produce" [implies acquiescence when higher quality produce indeed exists]

33)[line 44]וניחא ליהV'NEICHA LEI- he is [internally] pleased

34)[line 44]כסיפותאKESEIFUSA- embarrassment

35)[last line]עודהו הטל עליהןODEHU HA'TAL ALEIHEN (HECHSHER OCHLIN L'TUM'AH - That which Enables Food to Become Tamei)

(a)Food becomes Tamei when it comes into contact with a source of Tum'ah. This is only true, however, if it was first "enabled" through coming into contact with one of seven liquids. From that point, the food can become Tamei even after it dries. These seven liquids are water, dew, olive oil, wine, milk, blood, and bee's honey. This enabling process is termed "Hechsher".

(b)Food can become Tamei only if the owner of the food is pleased that his food became wet. This is derived from the verse (Vayikra 11:38) which describes the process as "וְכִי יֻתַּן מַיִם עַל זֶרַע..." "v'Chi Yutan Mayim Al Zera ..." - "And if water has been placed upon seeds and then the dead body of a Sheretz fell upon them, the seeds shall be Tamei to you". The word "יֻתַּן" "Yutan" ("has been placed") is spelled without a Vav, such that it appears to read יִתֵּן "Yiten" ("he places")" From this Chazal derive that Hechsher occurs whenever the presence of these liquids is as desirable to the owner of the food as if he himself had placed them there.

(c)It is necessary only for the owner to desire the liquid; he need not specifically be pleased that the liquid came into contact with the food. Therefore, even if the owner desired the liquid for an entirely different purpose and only at a later point did it come into contact with food, that liquid will enable the food to become Tamei. If, however, the owner intended to dispose of the liquid, then it will not enable the food to become Tamei, for such a liquid is not considered valuable.

(d)The Beraisa quoted by our Gemara discusses one who views his produce when it is still (Odehu) covered with dew (Tal).

36)[last line]"[וְ]כִי יֻתַּן-[מַיִם עַל-זֶרַע ...]""[V']CHI YUTAN [MAYIM AL ZERA ...]"- "[And] if water has been placed [upon seeds and then the dead body of a Sheretz fell upon them, the seeds shall be Tamei to you]" (Vayikra 11:38).

37)[last line]נגבוNIGVU- [if he saw them only after] they were dry


38)[line 2]דאיגלאי מילתאD'IGLA'I MILSA- that it has been retroactively revealed

39)[line 3]מעיקראME'IKARA- to begin with

40)[line 4]דכתיב, "כי יִתֵּן..."DI'CHSIV, "KI YITEN..."- it is written, "if he places..." (see above, entry #35)

41)[line 4]אי הכי רישא נמיIY HACHI, REISHA NAMI!- if [it is] so [that he must place the liquid upon the food himself], [the food in] the first ruling [of the Beraisa should] also [not be enabled to become Tamei]!

42)[line 5]רמיRAMI- posed a contradiction

43)[line 7]לדעתL'DA'AS- he is aware of it [and pleased that it is there]

44)[line 10]"וְכֵן תַּעֲשֶׂה לַחֲמֹרוֹ, וְכֵן תַּעֲשֶׂה לְשִׂמְלָתוֹ, וְכֵן תַּעֲשֶׂה לְכָל-אֲבֵדַת אָחִיךָ [אֲשֶׁר-תֹּאבַד מִמֶּנּוּ וּמְצָאתָהּ; לֹא תוּכַל לְהִתְעַלֵּם.]""[LO SIR'EH ES SHOR ACHICHA O ES SE'YO NIDACHIM, V'HIS'ALAMTA MEHEM; HASHEV TESHIVEM L'ACHICHA...] V'CHEN TA'ASEH LA'CHAMORO, V'CHEN TA'ASEH L'SIMLASO, V'CHEN TA'ASEH L'CHOL AVEIDAS ACHICHA [ASHER TOVAD MIMENU U'MTZASAH; [LO SUCHAL L'HIS'ALEM]"- "[Do not observe the ox of your brother nor his sheep wandering, and ignore them; rather, return them to your brother...] So shall you do with his donkey, and so shall you do with his garment, and so shall you do with any item lost by your brother that you have found; [you may not ignore it]" (Devarim 22:1, 3).

45)[line 15]ואיסורא דומיא דהיתיראV'ISURA DUMYA D'HEITEIRA (HEKESH - A Comparison of Two Subjects Mentioned Together in One Verse or Neighboring Verses)

(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is "Hekesh." A Hekesh entails comparing two subjects that are mentioned together in one verse or neighboring verses.

(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see Background to Bava Kama 24:43) or a Gezeirah Shavah (see Background to Bava Kama 40:9a) do not stand in the way of learning one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").

(c)Our Gemara compares those lost items that are permitted to keep and those that are not through a Hekesh, since they are referred to in a single verse.

46)[line 17]שראSHARA- it is permitted

47)[line 20]יע"ל קג"םYA"L KG"M - The Six Rulings in which the Halachah Follows the Opinion of Abaye over that of Rava

(a)Hundreds of times throughout Shas, the late Amora'ic period sages Rava and Abaye disagree as to the Halachah. As a general rule, the Halachah follows the opinion of Rava. In six cases, however, the Halachah follows the opinion of Abaye. The Gemara offers a mnemonic to remember them - YA"L KG"M. This stands for:

1.YE'USH SHE'LO MI'DA'AS - Abaye rules that one who is not aware that he has lost an item with no identifying characteristic is not Halachically considered to have despaired of recovering it until he is aware of his loss. Therefore, one may not keep such an item unless he knows that the owner gave up hope of retrieving it before he found it. Rava maintains that since he will surely despair when he becomes aware, he is Halachically considered to have despaired from the moment that it was lost (see Background to 21:36).

2.ED ZOMEM L'MAFRE'A HU NIFSAL - Abaye rules that all testimony of a witness who later acquires the status of an Ed Zomem (see Background to 3:45) becomes retroactively invalid from the time that he had delivered his false testimony. Rava maintains that he is disqualified as a witness only from the time that he acquires the status of an Ed Zomem (Sanhedrin 27a).

3.LECHI HA'OMED ME'ELAV - In order to carry on Shabbos in a Mavoy (an alleyway enclosed on three sides that opens to a public domain), the Chachamim require a Lechi (vertical pole) or Korah (horizontal beam) placed at the entrance to the Mavoy (see Background to Beitzah 30:20). Abaye rules that a vertical pole in the correct position may serve as a Lechi even if it was not placed there for that purpose. Rava maintains that such a Lechi is invalid (Eruvin 15a).

4.KIDUSHIN SHE'EINAM MESURIN L'BI'AH - If a man attempts to be Mekadesh (betroth) a woman when their relationship is punishable by Kares (see Background to Gitin 55:42), it does not take effect. Abaye rules that if a man betroths a woman who may or may not be prohibited due to such a relationship (see Background to Kidushin 51:10 and Insights to Kidushin 51:1), the betrothal is Halachically considered binding to the extent that she must receive a Get (bill of divorce) from him before marrying another. Rava maintains that such Kidushin do not take effect whatsoever (Kidushin 51a).

5.GILUY DA'AS B'GITA - Abaye rules one has not nullified the designation of an agent sent to divorce his wife unless he has clearly spelled out that he no longer wishes him to deliver the Get. Rava maintains that even if the husband hints that he is pleased that the Get has not been delivered, then the agency has been nullified (Gitin 34a).

6.MUMAR OCHEL NEVEILOS L'HACH'IS - Abaye rules that one who eats non-kosher food (or, for that matter, transgresses any other prohibition) in order to anger Hash-m becomes disqualified as a witness, even if he has never demonstrated a willingness to transgress for monetary benefit. Rava maintains that his testimony is valid until he has shown that he cannot be trusted in monetary matters (Sanhedrin 27a).

48)[line 21]תמרי דזיקאTAMREI D'ZEIKA- dates blown [off the tree] by the wind

49)[line 23]שקצים ורמשיםSHEKATZIM U'REMASIM- small creatures (such as rodents, reptiles, and insects)

50)[line 24]יתמי דלאו בני מחילה נינהו, מאי?YASMEI D'LAV BNEI MECHILAH NINHU, MAI?- [if the trees are owned by] orphans [under the age of Bar-Mitzvah] who are too young to [Halachically] forgo [their right to collect payment], [then] what [is the Halachah]?

51)[line 25]באגא בארעא דיתמי לא מחזקינןBAGA B'AR'A D'YASMEI LO MACHZEKINAN- we need not assume that a valley (where trees are often grown) belongs to [young] orphans

52)[line 26]מוחזק ועומד מאיMUCHZAK V'OMED MAI?- what [is the Halachah] if it is known [to belong to young orphans]?

53)[line 27]כרכתאKARKESA- [if the tree is surrounded by] a wall [that keeps out Shekatzim u'Remasim - in which case the owner presumably was not Meya'esh - and the dates were blown beyond the wall]

54)[line 29]סימן העשוי לידרס לא הוי סימןSIMAN HA'ASUY LI'DARES LO HAVI SIMAN- a Siman that will be erased when trampled is not a Siman [since the owner of the item will not rely upon it]

55)[line 33]איכא דמתני להא שמעתא באנפי נפשהIKA D'MASNEI L'HA SHEMAITA B'ANPEI NAFSHAH- there are some who teach this subject on its own [unrelated to our Mishnah]

56)[line 43]מכריז מקוםMACHRIZ MAKOM- he announces (a) where he found the item [and the owner identifies the item] (RASHI); (b) the type of item [and the owner identifies where it was left] (TOSFOS DH Iy)

57)[line 44]רבה אמר לא הוי סימןRABAH AMAR LO HAVI SIMAN- Rabah maintains that it is not a Siman [and therefore he must rule a Siman that will be erased when trampled is not a Siman (TOSFOS DH v'Rabah)]

58)[line 47]אלומותALUMOS- large bundles of grain