PAST DEDICATION
BAVA METZIA 56 (28 Sivan) - Dedicated in memory of Hagaon Rav Yisroel Zev (ben Rav Avrohom Tzvi) Gustman, zt"l, Rosh Yeshiva of Yeshivas Netzach Yisrael-Ramailes (Vilna-Brooklyn-Yerushalayim), author of "Kuntresei Shi'urim" and renowned Dayan in pre-war and post-war Vilna, on his 18th Yahrzeit. Dedicated by Harav Avraham Feldman of Yerushalayim, Dr. Yehoshua Daniel of Efrat, and Rabbis Eliezer and Zalman Stern of New York, who merited to study under the Rosh Yeshiva zt"l in Yerushalayim.

[56a - 41 lines; 56b - 53 lines]

1)[line 6] LO HITIRU LIMKOR DEMAI ELA L'SITON BILVAD- the Rabanan did not permit a Chaver to sell fruits of Demai (from which he personally has not separated Terumos u'Ma'asros), except for a Chaver who is a wholesale merchant. (A person is called a Chaver if he accepts upon himself four things: 1. never to give Terumah and Ma'asros to an Am ha'Aretz; 2. never to prepare Taharos in the vicinity of an Am ha'Aretz; 3. to always eat Chulin b'Taharah; 4. to take Ma'aser from all produce that one eats, sells and buys (Tosefta Demai 2:2-3). The Gemara in Bechoros 30b explains exactly how one goes about accepting this distinguished status.)

2)[line 11]NACHTOM- a baker

3a)[line 12]CHAMAH- hot [loaf]

b)[line 12]TZONENES- cold [loaf]

4)[line 13]DEFUSIM- molds, forms (shapes)

5a)[line 15]RA'AH- bad (spoiled, rotten, inferior) fruit

b)[line 15]YAFAH- fine (superior) fruit

6)[line 16]" ...""V'LO SIS'U ALAV CHET BA'HARIMCHEM ES CHELBO MINENU..."- "You shall not bear a sin for it when you separate its choicest (lit. fattest) part from it..." (Bamidbar 18:32)

7)[line 28]" ""LO SUCHAL LE'ECHOL BI'SH'ARECHA..."- "You may not eat in your settlements..." (Devarim 12:17)

8)[line 31]PALTAR- a wholesale bread dealer

9)[line 39] 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).

10)[line 39] 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).

11)[line 40] / SHOMER CHINAM / NOSEI SACHAR- see Background to Bava Metzia 41:20

56b----------------------------------------56b

12)[line 1] ... KODSHIM SHE'HU CHAYAV B'ACHRAYUSAN... VESHE'EINO CHAYAV B'ACHRAYUSAN (NEDER / NEDAVAH)

(a)A person may offer a Korban in the Beis ha'Mikdash as a voluntary sacrifice, as the verse states in Vayikra 1:2. Voluntary Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).

(b)When a person states, "I pledge an Olah" ("Harei Alai Olah"), without singling out a specific animal, his pledge is called a Neder. When he sets aside an animal with which to fulfill his pledge, if the animal then gets lost or dies, he must bring another in its place. If he states, "This animal is an Olah" ("Harei Zo Olah"), his pledge is called a Nedavah. If the animal gets lost or dies, he has no obligation to bring another in its place.

13)[line 3]MARGALIS- gem, pearl

14)[line 5]" , ""V'CHI SIMKERU MIMKAR LA'AMISECHA, O KANOH MI'YAD AMISECHA, AL TONU ISH ES ACHIV"- "And when you transact a purchase to your friend or acquire from the hand of your friend, you shall not defraud one another." (Vayikra 25:14)

15)[line 7] DAVAR HA'NIKNEH MI'YAD L'YAD- a thing that is transferred from the hand [of one person] to the hand [of another person] (i.e. movable property)

16)[line 8] YATZ'U AVADIM SHE'HUKSHU L'KARKA'OS- slaves are excluded since they are compared to land (in Vayikra 25:46)

17)[line 9] SHE'GUFO MACHUR V'GUFO KANUY- the actual item itself is sold and acquired (as opposed to a contract, which is merely a representation of the item that is sold and acquired)

18)[line 12]BASAM- a spice merchant (who uses the paper on which contracts are written to wrap up his spices)

19)[line 15]''''''ACHIV''- the word "Achiv" in the verse (Vayikra 25:14; see above, entry #14) teaches that Ona'ah applies only to one's fellow man, but not to Hekdesh

20)[line 21]" ""IM HIMATZEI TIMATZEI B'YADO"- "If the theft be at all found in his hand [alive, whether it be an ox, or a donkey, or a sheep; he shall restore double]." (Shemos 22:3)

21a)[line 22]GAGO- his roof

b)[line 22]CHATZEIRO- his courtyard

c)[line 23]KARPIFO- his Karpaf, an enclosed area that is located outside of a settlement, used for storage and other such purposes.

22)[line 26]"[ ] ...""[ V'CHASAV LAH SEFER KERISUS] V'NASAN B'YADAH..."- "[... and he must write for her a bill of divorce] and he shall place into her hand..." (Devarim 24:1)

23)[line 36] CHITIN V'ZAR'AN BA'KARKA- [if a person bought] wheat kernels that had already been planted in the ground

24)[line 38] K'MAN D'SHADYAN B'CHADA DAMYAN- are they as if they are cast into a jar?

25)[line 39] BATLINHU AL GAV AR'A- are they annulled by [virtue of being planted in] the ground?

26)[line 40] SHADA'I BAH SHISA- I planted in the ground six Se'ah

27)[line 41] V'ASU SAHADEI- and witnesses came

28a)[line 42]SHEB'MIDAH- [anything that is sold according to its] measure

b)[line 43]V'SHEB'MISHKAL- [...according to its] weight

c)[line 43]V'SHE'MINYAN- [...according to its] count

29)[line 48] NISHBA'IN ALEIHEN (SHEVU'AH: MODEH B'MIKTZAS HA'TA'ANAH)

See Background to Bava Metzia 55:6.

30)[line 50] OMER MATIRAN O EIN OMER MATIRAN - Does the Korban ha'Omer permit these wheat kernels to be eaten or not? (OMER)

(a)There is a Mitzvah to bring the Korban ha'Omer on the second day of Pesach. A large quantity of barley is reaped after nightfall after the first day of Pesach. At this time the grain is still moist, and the process of extracting one Omer (approximately 2.2, 2.5 or 4.3 liters, depending upon the differing Halachic opinions) of barley flour is extremely difficult. The flour is kneaded and offered as a Korban Minchah on the 16th of Nisan. It is also referred to as the Minchas Bikurim - Vayikra 2:14-16).

(b)In addition, a lamb is offered as an Olah, as it states in Vayikra 23:12.

(c)The Korban ha'Omer is the first offering of the new grain of the year (Chadash), and as such it removes the prohibition against eating from the new grain.

31)[line 50] IY D'ASHRUSH- if they took root

32a)[line 52] D'CHATZDINHU V'ZAR'INHU KODEM LA'OMER- he cut them and then replanted them before the Korban ha'Omer was brought

b)[last line] V'ASA LEI OMER V'CHALIF ILAVAIHU V'LO ASHRUSH KODEM LA'OMER- and then the [time of the] Korban ha'Omer came and passed, and they had not taken root before the Omer

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