BAVA METZIA 118-119 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to Rav Weiner -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
PAST DEDICATION
BAVA METZIA 118 - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

[118a - 54 lines; 118b - 38 lines]

1)[line 1]הגיעוךHIGI'UCHA- they are yours (you may take them for yourself)

2)[line 1]משקבל עליוMISHE'KIBEL ALAV- once he (the owner of the garden) accepted upon himself [to take the stones, the owner of the wall cannot force the owner of the garden to give them to him, even if he pays for the expenses involved in gathering them]

3)[line 2]הילך את יציאותיךHEILACH ES YETZI'OSECHA- here are your expenses

4a)[line 4]בתבןTEVEN- (O.F. estoble) stubble, the lower end of the stalks that are left rooted in the ground after the harvest

b)[line 4]ובקשKASH- (O.F. estraim) straw, the part of the stalk cut off with the grain

5)[line 6]הילך שכרךHEILACH SECHARCHA- here is your wage

6)[line 13]דלא עבידי אינשי דדיירי פורתא הכא ופורתא הכאLO AVIDEI INSHEI D'DAIREI PURTA HACHA U'FURTA HACHA- it is not the manner of people to live a little in one place and a little in another place

7)[line 23]חצירו של אדם קונה לו שלא מדעתוCHATZEIRO SHEL ADAM KONEH LO SHE'LO MI'DA'ATO- a person's domain (Chatzer) acquires for him possession of an object that lies in it, even without his knowledge. (The Gemara concludes that this is only true if the Chatzer safeguards what is in it for its owner. If the Chatzer is not protected from outsiders, if cannot acquire an object of Hefker for its owner without the owner's knowledge. The Amora'im argue regarding whether it can acquire a gift for its owner without his knowledge, see Bava Metzia 11b and Background to Bava Metzia 9:10.)

8)[line 25]אישתמוטי הוא דקא מישתמיט ליהISHTAMUTEI HU D'KA MISHTAMIT LEI- he is eluding him (i.e. to evade his claim)

9)[line 31]ממרי רשותיך, פארי אפרעMI'MAREI RASHVASICH, PA'AREI IPARA- from your debtor, accept [even] coarse bran in payment

10a)[line 39]נכש עמיNAKESH IMI- weed with me (thin out plants so that they will grow better)

b)[line 40]עדור עמיADOR IMI- hoe with me

11a)[line 41]בהגבההHAGBAHAH (KINYAN HAGBAHAH)

(a)When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Similarly, when a person finds an object, he must make a formal Kinyan in order to make the object legally his.

(b)One of the forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) is Hagbahah, lifting up the item.

b)[line 42]בהבטהHABATAH- (a) the act of gazing at an object (with intention to be Koneh it through gazing at it) (The Rishonim explain that a minimal act must be done together with Habatah in order for the act of gazing at the object to be Koneh it from Hefker; see Tosfos Bava Metzia 2a DH d'bRe'iyah); (b) [alt. בחבטה CHAVATAH] - throwing down an object of Hefker (with intention to be Koneh it) [even though an object normally must be lifted in order to be Koneh it] (RASHI DH Kan b'Hagbahah)

12)[line 42]שומרי ספיחי שביעיתSHOMREI SEFICHEI SHEVI'IS - those who guard the [barley or wheat] plants that grow by themselves during the Shevi'is year [in order for there to be barley or wheat available for the Omer offering or the Shtei ha'Lechem] (SEFICHIN / OMER / SHTEI HA'LECHEM)

(a)SEFICHIN - Sefichin are plants that grow by themselves in the Shemitah year. The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. They must be considered ownerless. Anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion. 3. The Torah also requires that the fruit be eaten in the normal way for that type of fruit.

(b)The word "Sefichin" means "aftergrowth," i.e. plants that grew by themselves and were not planted for harvesting this year. According to the Torah, Sefichin with the sanctity of the Shemitah year may be eaten. The Rabanan decreed that Sefichin of vegetables and grains not be eaten, since the people might plant their fields and claim that the produce grew by itself.

(c)OMER - 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).

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

(e)SHTEI HA'LECHEM - The Shtei ha'Lechem is an offering of two loaves of bread (that are Chametz) that is brought on Shavu'os. It is baked from the newly grown wheat (Vayikra 23:17). One loaf is given to the Kohen Gadol and the other is divided among the rest of the Kohanim in the Mikdash at the time. They are eaten on the day of Shavu'os and the night afterwards, until midnight (RAMBAM Hilchos Temidin u'Musafin 8:11).

(f)In addition, Korbenos Olah (one bullock, two rams and seven male sheep), a male goat as a Chatas and two sheep that are Zivchei Shelamim are to be offered in conjunction with the Shtei ha'Lechem (Vayikra 23:18-19). (These sheep are the only Shelamim brought by the Tzibur, and the only Shelamim that are Kodshei Kodashim).

13)[line 43]מתרומת הלשכהTERUMAS HA'LISHKAH

(a)Every year, one half Shekel was collected from every Jew to fund the Korbenos Tzibur that were offered in the Beis ha'Mikdash. Beis Din placed the money that was collected in a room in the Mikdash reserved for that purpose (see Background to Bava Metzia 57:16).

(b)At three times during the year (before each of the three festivals), Beis Din filled three boxes, each of which held three Se'in (approximately 21.6, 25 or 43.2 liters, depending upon the differing Halachic opinions) with Shekalim from that room. The portion that was set aside in the boxes was called the "Terumas ha'Lishkah," while the remainder of the Shekalim were called "Sheyarei ha'Lishkah" (Shekalim 7b, 8a). (See Insights to Shekalim 9:2.)

(c)There is a difference of opinion as to why the Terumas ha'Lishkah was done three times a year rather than just once. One opinion states that the reason was only to publicize the Terumas ha'Lishkah (Shekalim 2b, see Insights there). According to others, Beis Din was concerned that the Terumas ha'Lishkah should be collected from the Shekalim that arrived later in the year (this opinion is also mentioned in the Yerushalmi, ibid.).

(d)The Shekalim from the Terumas ha'Lishkah were used to purchase the animals needed for public sacrifices and for the wages of certain laborers and appointees of Hekdesh (as described in our Gemara). The Shekalim from the Sheyarei ha'Lishkah were used to buy other goods necessary for the upkeep of the Mikdash and the entire city of Yerushalayim (Shekalim 4a-b).

14)[line 49]שמא לא ימסרם יפה יפהSHEMA LO YIMSEREM YAFEH YAFEH- perhaps he will not give them (the grains of barley to Hekdesh) with a full heart (rather, he will retain ownership so that the Korban be brought from his own property)

15)[line 53]לבעלי זרועותBA'ALEI ZERO'OS- ruffians

118b----------------------------------------118b

16)[line 4]זבלZEVEL- manure

17)[line 5]המוציא מוציא, והמזבל מזבלHA'MOTZI MOTZI VEHA'MEZABEL MEZABEL- [one may put Zevel (manure)out of his barn into Reshus ha'Rabim only if] the one who is bringing it out brings it out, and the one who is going to use it as fertilizer takes it [right away] to fertilize with it

18a)[line 5]אין שורין טיטEIN SHORIN TIT- we may not soak mud (to make cement)

b)[line 6]ואין לובנים לְבֵנִיםEIN LOVNIM LEVENIM- we may not form bricks (by leaving them in Reshus ha'Rabim to dry)

c)[line 7]גובלין טיט... אבל לא [ל]לבניםGOVLIN TIT... AVAL LO LEVENIM- we may knead mud [in order to put it in the building right away] in Reshus ha'Rabim, but not [in order to make] bricks

19)[line 11]מתקן הוא את מלאכתו לפני שלשים יוםMESAKEN HU ES MELACHTO LIFNEI SHELOSHIM YOM- one may prepare what he will need for his work (of building) thirty days before he builds [and he is exempt from any resultant damage]

20)[line 13]בשעת הוצאת זבליםBI'SHE'AS HOTZA'AS ZEVALIM- at the time of year when people take out manure [to Reshus ha'Rabim]

21)[line 14]וצוברו כל שלשים יוםTZOVRO KOL SHELOSHIM YOM- he may pile it up again every thirty days [in order for it to be trampled well by passing people and animals]

22)[line 14]נישוףNISHOF- flattened, pressed

23)[line 16]מודה רבי יהודה בנר חנוכה שהוא פטורMODEH REBBI YEHUDAH B'NER CHANUKAH SHE'HU PATUR- Rebbi Yehudah agrees with regard to the [damage caused by the] fire of one's Chanukah candles that one is exempt

24a)[line 17]רשות דבית דיןRESHUS D'VEIS DIN- permission of Beis Din (Beis Din, who is responsible for municipal matters, allows it)

b)[line 17]רשות דמצוהRESHUS D'MITZVAH- it is allowed because it is a Mitzvah

25)[line 19]מחוורתאMECHAVARTA- it is clearly correct

26)[line 22]היה מעמידו בעלייהHAYAH MA'AMIDO B'ALIYAH- if he was placing it (the oven) in an upper story of a house

27)[line 23]ובכירהKIRAH- a stove (which does not produce as much heat as a Tanur, an oven)

28a)[line 25]החצבCHATZAV- one who quarries rocks

b)[line 25]הסתתSATAS- one who smoothes rocks

c)[line 26]החמרCHAMAR- a donkey-driver

d)[line 26]הכתףKATAF- a porter

e)[line 27]הבנאיBANAI- a builder

f)[line 27]אדריכלADRICHAL- the architect who sets and straightens the stones in the building

29)[line 28]הדימוסDIMUS- a row of stones in a wall

30a)[line 29]בשכירותSECHIRUS- day-labor, where the worker is hired to work for the day (and thus, in the case of our Gemara, each worker has completed his task once he gives the stone to the next worker, and he is thus exempt from damages caused by the stone later)

b)[line 29]בקבלנותKABLANUS- on a contract basis, where the worker is hired to perform a specific task (and thus, in the case of our Gemara, each worker's task is not complete until the stone is set in the building)

31)[line 29]והירקYEREK- vegetables (such as garlic or onions, Rashi) [that are growing on the vertical incline between the two gardens)

32a)[line 34]בעיקרוIKARO- its roots

b)[line 35]בנופוNOFO- its branches

33)[line 35]שדי נופו בתר עיקרוSHADI NOFO BASAR IKARO- (lit. throw the branch after the trunk) its branch has the same status as its roots

34a)[line 37]היוצא מן הגזע ומן השרשיןHA'YOTZEI MIN HA'GEZA U'MIN HA'SHORASHIN- that which grows from the trunk and from the roots

b)[line 37]הגזעGEZA- trunk, stump

c)[line 37]השרשיןSHORASHIN- roots

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