PAST DEDICATION
BAVA METZIA 33(5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

[33a - 46 lines; 33b - 39 lines]

1)[line 1]RAVTZAN- an animal that regularly lies down under its load

2)[line 2]MEFURAK- unloaded

3)[line 11] LO MEFURAK KELAL- and not a case where it is completely unloaded

4)[line 16]" ""KI SIFGA..."- "If you meet [your enemy's bull or his donkey going astray, you shall surely bring it back to him again.") (Shemos 23:4)

5)[line 16] PEGI'AH MAMASH- actually meeting up with it

6)[line 18] SHI'ARU CHACHAMIM- the Sages estimated

7)[line 18] / / MIL / RIS / PARSAH (MEASURES OF LENGTH AND DISTANCE)

(a)The Talmud uses the following standards for measuring distance:

1.3 Parsa'os = 24,000 Amos = 90 Ris = 12 Mil

2.1 Parsah = 8,000 Amos = 30 Ris = 4 Mil

3.1 Mil = 2,000 Amos = 7.5 Ris

4.1 Ris (or Rus) = 266.66 Amos

5.1 Amah = 2 Zerasos = 6 Tefachim

6.1 Zeres = 3 Tefachim

7.1 Tefach = 4 Etzba'os

(b)In modern-day units, the the Mil is approximately 912, 960 or 1,152 meters, depending upon the differing Halachic opinions, and thus the Ris is approximately 121.6, 128 or 153.6 meters.

8)[line 19] MEDADEH IMO AD PARSAH- and he ambles along with it for the distance of one Parsah (to make sure that it does not fall again)

9)[line 25] B'VEIS HA'SHEVI- in captivity

10)[line 28]" ""EFES KI LO YIHEYEH BECHA EVYON..."- "But there shall be no poor among you; [for HaSh-m shall greatly bless you in the land which HaSh-m your G-d gives you for an inheritance to possess it.]" (Devarim 15:4)

11)[line 29] , KOL HA'MEKAYEM B'ATZMO KACH; SOF BA L'YDEI CHACH- if someone actually upholds this ruling, he will ultimately become as such (poor, i.e. it is the strict Halachah, but a person should conduct himself in a more amiable fashion)

12)[line 30] RABO SHE'LIMDO CHOCHMAH- the Rebbi who taught him Gemara

13a)[line 30]MIKRA- the study of Chumash, scriptures

b)[line 31]MISHNAH- the study of Mishnah, the Oral Law, transmitted to Moshe at Mount Sinai

c)[line 44] / TALMUD / GEMARA- Gemara, Talmudic methodology used to analyze the Mishnayos (one is expected to learn diligently with a teacher and not desist from questioning the lessons until the subject is known clearly and precisely)

14)[line 32] AFILU LO HE'IR EINAV ELA B'MISHNAH ACHAS- even if he only taught him (lit. opened his eyes to the meaning of) one Mishnah

15)[line 33] D'ASBERAN ZUHAMA LISTERON- who explained to us the meaning of [the phrase in the Mishna] "Zuhama Listeron": a utensil shaped on one end like a large spoon and on the other like a fork, used in cooking, mostly for skimming off the froth from the top of a stew

16)[line 33] KARA MANEI- rent his clothes in mourning

17a)[line 34] ECHAD YORED L'AMAS HA'SHECHI- [for] one [key,] he would have to put his hand inside [an opening in the wall] until his armpit [in order to reach the lock]

b)[line 34] ECHAD POSE'ACH KEIVAN- [and] one [key] opened directly [a normal lock in another door] (See Tamid 30b and Background to Tamid 30:18-22)

18)[line 36] RABO MUVHAK- his principle Rebbi

19a)[line 38] IKPEDEI AHADADEI- they were upset with each other

b)[line 38] V'LO AILEI L'GABEI HADADEI- and they did not visit each other

20)[line 39] CHALASH DA'ATEI- he (Rav Huna) became upset, dejected

21)[line 42] HALACHAH KI'STAM MISHNAH- the Halachah follows the anonymously-authored Mishnah

22)[line 43] MIDAH V'EINAH MIDAH- it is a [meritorious] method [of study] and [at the same time] it is not a [meritorious] method [of study]

23)[line 44] NOTLIN ALEHA SECHAR- and one receives a reward for it

24)[line 44] EIN LECHA MIDAH GEDOLAH MI'ZO- there is no higher (more meritorious) method of study

33b----------------------------------------33b

25)[line 1]SHAVKU- they abandoned

26)[line 5]"... ""...HAGED L'AMI PISH'AM UL'VEIS YAKOV CHATOSAM."- "[Cry aloud, spare not, lift up your voice like a shofar, and] show my people their transgression, and the house of Yakov their sins." (Yeshayah 58:1)

27)[line 10] SHIGEGAS TALMUD OLAH ZADON- an unintentional mistake with regard to the study of Talmud (see above, entry 14c) [will lead to erroneous rulings in the Halachah. The punishment for this will be severe, since the original negligence] is equivalent to intentional transgression

28)[line 11]" ' ; ' '', ""SHIM'U DEVAR HASH-M HA'CHAREIDIM EL DEVARO. AMRU ACHEICHEM SONE'EICHEM MENADEICHEM 'LEMA'AN SHEMI YICHBAD HASH-M;' V'NIR'EH V'SIMCHASCHEM V'HEM YEVOSHU."- "Hear the word of HaSh-m, you who tremble at His word. Your brothers who hated you, who spurned you, saying, 'HaSh-m is glorified with our name;' but we shall see your joy, and they shall be ashamed." (Yeshayah 66:5)

29a)[line 14] PASAK SIVRAM- their hope is cut off

b)[line 15] U'VATEL SIKUYAM- and their prospect is annulled

PEREK #3 HA'MAFKID

30)[line 21] SHOMER CHINAM NISHBA V'YOTZEI

A Shomer Chinam who watches an item without demanding compensation from the owner is liable for damages only in cases of Peshi'ah (negligence), but not in cases of the object's theft or loss. Nevertheless, the Shomer can choose to pay for the object that was lost or stolen rather than taking the necessary Shevu'as ha'Shomrim (i.e. swearing that he did not lose the object due to Peshi'ah, see Background to Bava Metzia 5:2). When the Shomer chooses this option and the object is later found, it is given to the Shomer, along with the Kefel or other payments that accompany it.

31)[line 22] , NIMTZA HA'GANAV MESHALEM TASHLUMEI CHEFEL (TASHLUMEI CHEFEL) - a thief's double restitution

(a)If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel."

(b)Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a robber ("Gazlan"), who brazenly burglarizes and takes the possessions of others by force. Chazal explain that the Torah punishes a thief more stringently than a robber because of the disrespect he shows for the Creator. By taking care to avoid the eyes of man, while not being bothered in the least by the eye of the One Above that is constantly watching, he exhibits his lack of belief in HaSh-m (Bava Kama 79b).

(c)A thief does not pay Kefel unless he makes a "Kinyan," an act of acquisition, on the object that he steals (e.g. by lifting it up, bringing it into his own property, drawing it towards himself in a semi-secluded area, etc.). If he simply broke or ruined another person's object without making a Kinyan on it first, he is not considered to be a "Ganav" but a "Mazik" ("one who causes damage"), and he does not pay Kefel.

(d)Kefel, like any other payment that involves over-compensation for a monetary loss, is considered a "Kenas" (penalty) rather than "Mamon" (compensation). As is true of every Kenas, a thief does not have to pay Kefel if he admits to his theft of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to the theft of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay the Kefel (Bava Kama 74b-75a - he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until he is obligated to pay the Kefel in court, the thief is fully exempt from paying Kefel, and does not even have a moral obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also RAMBAN in Milchamos at the end of the third Perek of Kesuvos).

32)[line 22] , TAVACH U'MACHAR MESHALEM TASHLUMEI ARBA'AH V'CHAMISHAH (TASHLUMEI ARBA'AH VA'CHAMISHAH) - a thief's quadruple and quintuple restitution for the theft and subsequent slaughter or sale of a sheep or ox, respectively

(a)If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel" (see previous entry).

(b)If the object that was stolen was a live sheep or ox, and the thief either slaughtered or sold it, the Torah (Shemos 21:37) places an even stiffer fine on the thief. In the case of a stolen sheep that was slaughtered or sold, the thief must compensate the owner a total of four times its actual value ("Arba'ah"), while in the case of a stolen ox that was slaughtered or sold the thief must compensate the owner a total of five times its actual value ("Chamishah"). This law does not apply to any other object or animal that is stolen. Chazal (Bava Kama 79b) explain that the Torah was more lenient with a person who steals a sheep than with one who steals an ox, since he already suffered a somewhat demeaning experience of walking with a sheep on his shoulders (as opposed to the ox-thief, who presumably led the ox on foot before him).

(c)A thief does not pay Arba'ah va'Chamishah for slaughtering a sheep or ox unless he, or a person he appoints, performs a proper ritual slaughter (i.e. a Shechitah of the type that normally permits an animal to be eaten). According to some Amora'im (Bava Kama 68a), a thief does not pay Arba'ah va'Chamishah for selling a sheep or ox unless he sold it after "Ye'ush Ba'alim" (i.e. the owner lost all hope of recovering the sheep or ox, see Background to Gitin 37:30:a), while according to others he only pays Arba'ah va'Chamishah if he sells it before Ye'ush Ba'alim.

(d)Arba'ah va'Chamishah, like any other payment that involves over-compensation for a monetary loss, is considered a "Kenas" (penalty) rather than "Mamon" (compensation). As is true of every Kenas, a thief does not have to pay Arba'ah va'Chamishah if he admits to his guilt of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to his guilt of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay Arba'ah va'Chamishah (Bava Kama 74b-75a - he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until he is obligated to pay the Arba'ah va'Chamishah in court, the thief is fully exempt from payment and does not even have a moral obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also RAMBAN in Milchamos HaSh-m at the end of the third Perek of Kesuvos).

33)[line 27] BA'AL HA'PIKADON- the owner of the object that was deposited

34)[line 29] HU D'MAKNI LEI KEFEILA- [only this] is the case where the owner is prepared to sell the future Kefel to the Shomer

35)[line 30] NAFISH TIRCHAH L'AYULAH UL'AFUKAH- there is a lot of work [that is required to take care of it,] such as putting it up [in a stable] and sending it out [to pasture]

36)[line 33] LO NAFISH KIFLAIHU- their double-payment is not worth much

37)[line 37] EIN ADAM MAKNEH DAVAR SHE'LO BA LA'OLAM

There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba l'Olam" - "a person can acquire a thing that has not yet emerged into the world," or not (Kedushin 63a). Some examples of things that have not yet emerged into the world are the fruits that will grow on a tree or the goods to be produced by one's wife.

38)[last line] PEIROS DEKEL- the fruits of a date-palm

39)[last line] D'AVIDEI D'ASU- they come regularly

OTHER D.A.F. RESOURCES ON THIS DAF