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BAVA KAMA 38

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BAVA KAMA 38 (10 Shevat) - Sponsored by Hagaon Rav Yosef Pearlman of London, England, in memory of his father in law, Harav Yeshayah ben Rav David Chaim Goldberg Z"L, who passed away on 10 Shevat 5738.

SUMMARY

If a Shor of a Yisrael gores a Shor of a Nochri it is Patur, but if the Shor of a Nochri gores a Shor of a Yisrael whether it is a Tam or a Mu'ad it pays Nezek Shalem.
 
R. Avahu says that since the Nochrim do not keep the seven Mitzvos of Bnei Noach Hashem Yisbarach was Mafkir their money to Yisrael.
 
R. Yochanan says that when the Nochri nations were offered the Torah on Har Sinai and they turned it down Hashem Yisbarach was Mafkir their money to Yisrael.
 
R. Masna says that since the Nochrim do not keep the seven Mitzvos of Bnei Noach Hashem Yisbarach exiled them from their land.
 
Even a Nochri who learns Torah is akin to a Kohen Gadol.
 
R. Yosef says that since the Nochrim do not keep the seven Mitzvos of Bnei Noach they only receive the reward of someone who does a Mitzvah that he was not commanded to do. (1)
 
R. Chanina says that someone who does a Mitzvah that he is commanded to do is greater than someone who does a Mitzvah that he is not commanded to do.
 
Moshe Rabeinu made a Kal va'Chomer that if Hashem Yisbarach commanded Klal Yisrael to wage war with Midyan who were only helping Mo'av certainly we should wage war with Mo'av itself.
 
Hashem Yisbarach said to Moshe your thoughts are not the same as My thoughts, there are two good Peraidos which will come out from them, Ruth and Na'amah.
 
Hashem Yisbarach rewards a person even for using refined language. The younger daughter of Lot was rewarded for calling her son Ben Ami so as not to make it obvious that he was conceived from her father. (2)
 
A person should always do a Mitzvah with alacrity. The older daughter of Lot was quicker to do the Mitzvah and therefore her descendant Ruth entered Klal Yisrael four generations before the descendant of the younger daughter Na'amah.
 
If a Shor of a Yisrael gores a Shor of a Kusi it is Patur, but if the Shor of a Kusi gores a Shor of a Yisrael a Tam pays Chatzi Nezek and a Mu'ad pays Nezek Shalem.
 
R. Meir says that if the Shor of a Kusi gores a Shor of a Yisrael whether it is a Tam or a Mu'ad it pays Nezek Shalem.
 
(3)
 
A Kesem (blood of a Nidah that was found on clothing) that comes from the city of Rekem is Tahor. (4)
 
Rebbi Yehudah says that a Kesem that comes from the city of Rekem is Tamei because they are Gerim and they mistakenly believe that they are Nochrim.
 
A Kesem that is found among Nochrim is Tahor, if it is found among Jews or Kusim it is Tamei.
 
If a Kesem is found in a Jewish city or in a city of Kusim in a place of Hefker it is Tahor, R. Meir says that if it is found in a place of Hefker in a city of Kusim it is Tamei. (5)
 
If a person rapes or seduces a Mamzeres, Nesinah, or Kusis he must pay a Knas. (6)

A BIT MORE

1. Someone who is not commanded to do a Mitzvah receives less reward for that Mitzvah than someone who is commanded to do the Mitzvah.
 
2. The older daughter called her son Mo'av, making it obvious that he was conceived from her father and therefore even though Hashem Yisbarach commanded Moshe not to wage war with Mo'av He allowed them to enslave them, while the younger daughter who called her son Ben Ami was rewarded that Klal Yisrael was not allowed to enslave the nation of Amon at all.
 
3. Even though R. Meir holds that Kusim are true Gerim the Rabanan penalize them so that we will not intermarry with them. The Rabanan also agree that the Rabanan penalize the Kusim, however they hold that it was sufficient to penalize them that they will not be paid if their ox is gored by a Yisrael.
 
4. The city of Rekem is inhabited by Nochrim and the blood of a Nochri woman is Tahor. Even though the Rabanan decreed that Nochrim have the Din of a Zav, however that only applies to blood that is seen from the body but it does not apply to a Kesem. Even the Kesem of a Yisre'elis is only Tamei d'Rabanan, therefore the Kesem of a Nochri is completely Tahor even d'Rabanan.
 
5. A Jewish woman would not be Mafkir her Kesem therefore a Kesem that is found in a place of Hefker must be from a Nochri, however R. Meir holds that a Kusis would be Mafkir her Kesem and therefore a Kesem that is found in a place of Hefker in a city of Kusim is Tamei, while the Chachamim holds that even Kusim would not be Mafkir her Kesem.
 
6. The Rabanan did not penalize the Kusim in this case so that a sinner will not be rewarded.

BRIEF INSIGHT

FOUR MISHMAROS
 
A person should always do a Mitzvah with alacrity. The older daughter of Lot was quicker to do the Mitzvah and therefore her descendant Ruth entered Klal Yisrael four generations before the descendants of the younger daughter Na'amah. The Ben Yehoyada asks why she entered Klal Yisrael four generations earlier. For the one night that she preceded her she should have entered Klal Yisrael one generation earlier. The Ben Yehoyada answers that the Gemara states that a night is broken up into four Mishmaros and therefore the older preceded the younger sister by four Mishmaros and she was rewarded by entering four generations earlier. For that reason David ha'Melech who descended from Ruth awoke at midnight to serve Hashem because David ha'Melech was the third generation from Ruth and therefore he served Hashem in the third Mishmar of the night.

QUICK HALACHAH

A WOMAN LEARNING TORAH
 
A woman who learns Torah is rewarded, but she is not rewarded the same as a man because she is not commanded and anytime someone does something that he is not commanded to do he is not rewarded as much as someone who does something that they are commanded to do. Although she does receive reward our sages taught us not to teach our daughters Torah. (Rambam Hilchos Talmud Torah 1:13)

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