[37a - 51 lines; 37b - 38 lines]

1)[line 23]ומתוך הגדול, נותן דמי קטן לשניUMI'TOCH HA'GADOL, NOSEN DEMEI KATAN LA'SHENI- and from [(a) the broken pieces of (RASHI); (b) the sale of (RASHBA and other RISHONIM)] the big one, we give the value of the small one to the second person

2)[line 27]אוקי ממונא בחזקת מריהUKI MAMONA B'CHEZKAS MAREI- leave the money in the possession of its owner

3)[line 39]בשני כריכותSHNEI KERICHOS- two bundles [i.e. at two different times]

4)[line 39]דהוה ליה למידקHAVAH LEI L'MEIDAK- he should have been careful to remember which was which

5)[line 40]בכרך אחדKERACH ECHAD- one bundle [at one time]

6)[line 49]התם דקא תבעי ליהHASAM D'KA TAV'EI LEI- where they made a claim of him

7)[line 49]בבא לצאת ידי שמיםB'VA LATZEIS YEDEI SHAMAYIM- he wants to fulfill his requirement with regard to Heaven, i.e. by paying both of them, he is sure that he has fulfilled his obligations

37b----------------------------------------37b

8)[line 1]צווחTZOVE'ACH- (lit. he screams) he denies knowing any of them

9)[line 1]שתיקה כהודעהSHESIKAH K'HODA'AH- keeping quiet is as if he admits to each one of them that he stole their money and he would be required to pay all five of them

10)[line 6]ספק הינוחSAFEK HINU'ACH- an object without a Siman (identifying feature) in which there is a doubt as to whether it was intentionally placed where it is or not

11)[line 7]לא יחזירLO YACHZIR- (a) he shall not return it to the place where he found it, since now he has become obligated to see to it that it gets returned to its owner (RAMBAM, RA'AVAD Hilchos Gezeilah v'Aveidah 15:1); (b) if someone claims the object without giving a Siman, the finder shall not return it to him lest it is not his; rather, he holds on to it until he is certain to whom it belongs (RASHI)

12)[line 8]ויניחV'YANI'ACH- (lit. and he sets it down [until Eliyahu ha'Navi comes]) and he holds on to it until he is certain to whom it belongs

13)[line 9]לא זו הדרך מוציאתו מידי עבירהLO ZU HA'DERECH MOTZI'ATU M'YDEI AVEIRAH- (lit. this is not the method that will get him out of sinning) he will not have fulfilled his obligation [until he pays the amount of the theft to every one of them]

14)[line 12]נפל הבית עליו ועל אמוNAFAL HA'BAYIS ALAV V'AL IMO- if the house caves in on him and on his mother [and it is not known who died first]

15a)[line 13]יורשי הבןYORSHEI HA'BEN- the heirs of the son

b)[line 13]ויורשי האםYORSHEI HA'EM- the heirs of the mother (who are not heirs of the son, i.e. members of her father's household)

16)[line 15]שהנכסים בחזקתןHA'NECHASIM B'CHEZKASAN- those items of Nichsei Tzon Barzel stay in the possession of the heirs who have legal rights to them (which is a Machlokes Amora'aim, see Bava Basra 158b)

17a)[line 16]שמא ושמאSHEMA V'SHEMA- (lit. perhaps and perhaps) one litigant claims, "Perhaps [the case occurred as follows]" and his opponent counters with a plea of "Perhaps [the case occurred in a different fashion]"

b)[line 17]ברי ושמאBARI V'SHEMA- (lit. certain and perhaps) one litigant claims "I am certain [that the case occurred as follows]," and his opponent counters with a plea of "Perhaps [the case occurred in a different fashion]"

18)[line 23]בר פלוגתיהBAR PELUGSEI- the Tana who argues with him

19)[line 24]הא תני ר' חייאHA TANI REBBI CHIYA- the Beraisa taught by Rebbi Chiya that is parallel to our Mishnah has both litigants answering that they do not know whether the Gazlan robbed them or not

20)[line 32]שלא מדעתוSHE'LO MI'DA'ATO- without his knowledge (or without him seeing - see TOSFOS DH she'Lo) [such that he is not expected to distinguish between the two deposits)

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