BAVA METZIA 52 (16 Cheshvan) - Today's Daf has been dedicated by Rabbi and Mrs. Mordecai Kornfeld in honor of the marriage of their son, Yisrael, to Chavi Norman, this evening be'h.
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BAVA METZIA 51-55 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

[52a - 45 lines; 52b - 50 lines]

1a)[line 2]בכרכיםKERAKIM- large cities

b)[line 3]בכפריםKEFARIM- villages

2)[line 3]אם היה מַכִּירָהּIM HAYAH MAKIRAH- if the person who gave the coin was able to recognize it

3)[line 6]למעשר שניMA'ASER SHENI

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(b)Until Terumah and Ma'asros have been properly separated, the produce is termed "Tevel" and may not be eaten. The word "Tevel" means a mixture, and can be used to refer to any produce from which one must separate a part. The punishment for eating Tevel is Misah b'Yedei Shamayim (see Background to Sukah 25:25).

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser Sheni produce outside of the walls of Yerushalayim receives Malkos (RAMBAM Hilchos Ma'aser Sheni 2:5).

(e)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

(f)Fruit of Ma'aser Sheni that is worth less than a Perutah cannot be redeemed (in the normal manner). This is derived from the verse which states, "וְאִם גָּאֹל יִגְאַל אִישׁ מִמַּעֲשְׂרוֹ" "v'Im Ga'ol Yig'al Ish mi'Ma'asro" - "If a person redeems from his Ma'aser" (Vayikra 27:31), implying that only some forms of Ma'aser Sheni, but not all forms of Ma'aser Sheni, can be redeemed, thus excluding Ma'aser Sheni that is worth less than a Shaveh Perutah. (In the Gemara (Daf 53b), the Amora'im argue whether this exclusion from redemption applies to actual fruit that is worth less than a Perutah, or even to fruit whose Chomesh would be worth less than a Perutah when the fruit is redeemed and a fifth of its value is added.) The exact status of fruit of Ma'aser Sheni that is less than a Perutah is debated by the Rishonim (RASHI maintains that its status is the same as normal Ma'aser Sheni; some say (RITVA) that it is forbidden mid'Oraisa to eat such fruit outside of Yerushalayim but that there is no obligation of Bi'ur, Achilah, or Pidyon (but rather the fruit may be left to rot), while others say that it is permitted mid'Oraisa to eat such fruit outside of Yerushalayim (RA'AVAD, ROSH)).

4)[line 6]שאינו אלא נפש רעהSHE'EINO ELA NEFESH RA'AH- it is only the result of a miserly soul; of stinginess

5)[line 11]בטליתTALIS- cloak, i.e. normal types of merchandise (Mishnah Daf 49b), as opposed to money (our Mishnah)

6a)[line 14]עשיק לגביךASHIK L'GABICH- buy expensive [clothes] for your back (body)

b)[line 14]ושוי לכרסיךV'SHAVI LI'KREISACH- buy at less than market value (i.e. wholesale) [food] for your stomach

7)[line 15]כיון דלא סגי ליהKEIVAN D'LO SAGI LEI- since it is not accepted as legal tender

8)[line 19]יתר על כן, מוכרה בשויהYESER AL KEN, MOCHRAH B'SHOVYAH- more than this (i.e. when the coin has not yet eroded to the extent of the amount of Ona'ah - each Tana according to his ruling) he may sell it for its face value (compare with entry #20, below)

9)[line 20]עד כמה תיפחת ויהא רשאי לקיימה?AD KAMAH TIPACHES V'YEHEI RASHAI L'KAIMAH? - To what extent can it erode and its owner is still permitted to keep it? (MISHKALOS)

It is forbidden to act deceitfully when buying and selling using weights (Vayikra 19:36, Devarim 25:15). To willingly keep an inaccurate weight or measure in one's house or store is likewise prohibited, even if it not used for trade (RAMBAM Hilchos Geneivah 7:1, 3; see SEFER HA'CHINUCH #'s 258, 259 and 602)

10)[line 21]בסלע/ שקל/ בדינר/ רובע/ איסרSELA / SHEKEL / DINAR / ROVA / ISAR (CURRENCY)

See Background to Bava Metzia 51:36.

11a)[line 23]לחרםCHARAM- a robber who does not kill

b)[line 23]להרגHARAG- a robber who is willing to kill to get money

12)[line 24]יקבנהYIKVENAH- he should put a hole in it [in the middle of the coin, not at the side (Gemara Daf 52b; SHULCHAN ARUCH Choshen Mishpat 227:18)]

13)[line 28]רובע שקלROVA SHEKEL- 1/4 of a Shekel, i.e. 1/2 Dinar (see Background to Bava Metzia 51:36)

14)[line 30]רביעREVI'A- one quarter (which would have the connotation of 1/4 of a Dinar)

15)[line 31]דאיכא דינר דאתי משקלD'IKA DINAR D'ASI MI'SHEKEL- there exists a Dinar that originally was a Shekel that eroded (it is permitted to keep it and even to use it as legal tender)

16)[line 38]פחתה סלע איסר לדינר, אסורPACHASAH SELA ISAR L'DINAR, ASUR- if the extent of erosion of a Sela was an Isar per Dinar (i.e. four Isarin), it is prohibited [to use it as a Sela because of the Halachos of Ona'ah]

17)[line 39]סלע שנפסלהSELA SHE'NIFSELAH- a Sela that eroded [to the extent that is termed Ona'ah]

18)[line 40]טמאהTEMEI'AH - it becomes ready to receive Tum'ah (TUM'AS KELIM)

(a)A utensil is considered ready to receive Tum'ah only after it is completely finished. If the artisan only decided that the utensil needs no more work, it is considered complete and may become Tamei. If the artisan decides to do more work on the utensil, it remains Tamei until an action is performed on the utensil that makes his intention clear.

(b)The action that must be performed to change the status of a utensil must be an action that renders the utensil unfit for its original purpose. For example, if a tanner decided to use a hide as a rug, it may become Tamei from that moment on. If he then changes his mind and decides to make shoes out of it, it remains in its current status until he begins to cut the hide for shoes. (c) Coins are not considered utensils. In our Sugya, as soon as the owner decides to use his eroded coin as a weight, it becomes ready to receive Tum'ah. (For a further discussion of the principles of Tum'ah and Taharah, see Background to Nazir 54:13.)

19)[line 42]פחות מכן יקוץPACHOS MI'KEN YAKUTZ- less than this (i.e. when the coin has eroded more than this amount)

52b----------------------------------------52b

20)[line 1]מוכרה בשויהMOCHRAH B'SHOVYAH- he may sell it for its actual value (but not its face value; compare with entry #8, above)

21)[line 5]פורתא פורתאPURTA PURTA- little by little (the coin eroded gradually)

22)[line 6]דנפיל לנוראD'NAFIL L'NURA- it fell into a fire

23)[line 6]ואפחות בחדא זימנאV'IFCHAS B'CHADA ZIMNA- it deteriorated [beyond the point at which one may keep it] at one time (and not gradually)

24)[line 8]לא יעשנה משקל בין משקלותיוLO YA'ASENAH MISHKAL BEIN MISHKELOSAV- one may not make it into a weight to be used among his other weights

25)[line 9]גרוטותיוGRUTOSAV- scraps of silver (from broken silver utensils)

26)[line 10]ישחוקYISHCHOK- grind it up

27)[line 11]יתוךYATUCH- melt it down

28)[line 18]כל איניש קים ליה בגוהKOL INISH KIM LEI B'GAVAH- every person is an expert in its value

29)[line 22]דסלקין לשוקאD'SALKIN L'SHUKA- when they go up to the market (and can show the coin to an expert)

30)[line 35]האי מאן דמוקים אזוזיHAI MAN D'MUKIM A'ZUZEI- the person who is particular [about the exact value and weight] of coins

31a)[line 37]בא לפורטהBA L'FORTAH- one who comes to exchange [a coin of a large denomination, on which fruits of Ma'aser Sheni were redeemed, with coins of a smaller denomination]

b)[line 38]בא לחללהBA L'CHALELAH- one who comes to redeem [fruits of Ma'aser Sheni]

32)[line 42]מעשר שני שאין בו שוה פרוטהMA'ASER SHENI SHE'EIN BO SHAVEH PERUTAH

See above, entry #3.

33)[line 42]אומר: הוא וחומשו מחולל על מעות הראשונותOMER: HU V'CHUMSHO MECHULAL AL MA'OS HA'RISHONOS- he says, "It (the less than a Perutah's worth of fruits of Ma'aser Sheni) and its fifth are hereby redeemed upon the original coins (that were used to redeem his other fruits of Ma'aser Sheni that were worth more than a Perutah)"

34)[line 43]לפי שאי אפשר לו לאדם לצמצם מעותיוLEFI SHE'IY EFSHAR LO L'ADAM L'TZAMTZEM MA'OSAV- because it is not possible for a person to assess the value of his fruits exactly (such that he redeems the fruit on a coin worth that exact amount. Also, since he is worried lest he eat fruit that has not been redeemed properly, he stops using each coin at a point where he is certain that he has left more "room" for redemption.)

35)[line 45]בתורת יפהB'TORAS YAFEH- in the manner of [a redemption that is done with] a good coin (i.e. just as the actual value of a good coin is used to redeem fruits of that value, so, too, in the case of an eroded coin only its actual value is used for redeeming fruits of Ma'aser Sheni)

36)[line 45]דתרי זילי לא מזלזלינן ביהTREI ZILEI LO MEZALZELINAN BEI- we do not disgrace it (Ma'aser Sheni) with two slights (i.e. an eroded coin may be used for Pidyon Ma'aser Sheni, but it may only be used for its actual value and not for its original face value)

37)[last line]והביכוריםBIKURIM

(a)The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "וְהָיָה כִּי תָבוֹא אֶל הָאָרֶץ... וִירִשְׁתָּהּ וְיָשַׁבְתָּ בָּהּ... וְלָקַחְתָּ מֵרֵאשִׁית כָּל פְּרִי הָאֲדָמָה..." "v'Hayah Ki Savo El ha'Aretz... vi'Rishtah v'Yashavta Bah… v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land... and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the Mikra Bikurim, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).

(b)The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) - wheat, barley, grapes, figs, pomegranates, olives, and dates (Bikurim 1:3, RAMBAM ibid. 2:2).

(c)Kohanim eat the Bikurim within the walls of Yerushalayim, b'Taharah. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi in Makos 18b), he receives Malkos. They must be brought back into Yerushalayim and eaten there. Similarly, a Kohen (even if he is Tahor) who eats Bikurim that are Teme'im receives Malkos (RAMBAM ibid. 3:5).

38)[last line]וחומשCHOMESH

(a)After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.

(b)If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the Keren, the amount of Terumah that he ate, to the Kohen who owned the Terumah (see Insights to Pesachim 32:1). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.

(c)If the person ate Terumah in an abnormal fashion, such as by drinking olive oil, he only pays the value of the Terumah that was destroyed (i.e. the normal Halachah of damages applies to him, not the laws of Tashlumei Terumah).

(d)A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) pays the value of the Terumah destroyed (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah), and incurs the punishment of Misah b'Yedei Shamayim (Sanhedrin 83a).

(e)The above Halachos apply to Bikurim as well.

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