[3a - 26 lines; 3b - 53 lines]

1)[line 6]הדיוטותHEDYOTOS- commoners; specifically, judges who do not have Semichah (Halachic ordination)

2)[line 10]"בְּצֶדֶק תִּשְׁפּוֹט עֲמִיתֶךָ""B'TZEDEK TISHPOT AMISECHA"- "in righteousness shall you judge your neighbor." (Vayikra 19:15) - "You" is in the singular form in this verse.

3)[line 11]יושבי קרנותYOSHVEI KERANOS- loafers; those people who sit at street corners and engage in idle chatter and drinking, and do not enter the Beis ha'Midrash to learn Torah

4)[line 13]דגמירD'GAMIR- who has learned [laws of loan litigation from listening to Torah scholars and judges]

5)[line 20]נזק, היינו חבלות?NEZEK, HAINU CHAVALOS?- "Nezek" (the payment for damages) is [one of the payments of] "Chavalos" (the five payments that an attacker must pay his victim - see Background to Sanhedrin 2:3) (RASHI) (and is thus already listed in the Mishnah)

6)[line 21]חצי נזק נמי היינו חבלותCHATZI NEZEK NAMI HAINU CHAVALOS- "Chatzi Nezek" (the payment of half of the value of the damages, which the owner of a Shor Tam pays when his animal gores with its horns - see below, entry #8) is also [a subset of] "Chavalos" (RASHI)

7a)[line 22]ממונאMAMONA- monetary compensation

b)[line 22]קנסאKENASA- a fine imposed by the Torah

8)[line 23]פלגא ניזקא (קנסא / ממונא)PALGA NIZKA (KENASA / MAMONA)

(a)A bull that gores with its horns one or two times is called a Shor Tam. The owner only pays half the value of the damages (Chatzi Nezek) that his bull causes in this manner. In addition, the owner of the bull that causes the damage never has to pay more than the value of the bull that damaged. That is, payment for the damages is taken from the animal itself that caused the damage ("mi'Gufo").

(b)If the bull gored three times or more, and the owner was informed and warned to guard his bull each time, the bull is termed a Shor ha'Mu'ad. When a Mu'ad causes damage, the owner must pay the full value of the damages (Nezek Shalem) that his bull causes through goring, even if it is greater than the value of the goring bull itself ("Min ha'Aliyah") (Shemos 21:35-36).

(c)The Amora'im (Bava Kama 15a) argue as to why the Torah decreed that the owner of a Shor Tam pays Chatzi Nezek and not Nezek Shalem. One opinion holds that by law he should pay Nezek Shalem because he did not guard his bull properly, but the Torah was lenient (since the bull has not been proven to be a harmful animal) and exempted him from half of the damages. According to this opinion, Chatzi Nezek is "Mamona" (compensation) and not "Kenasa" (a fine imposed by the Torah). The other opinion feels that by law the owner should be entirely exempted from paying the first three times that his bull causes damage, since bulls are relatively docile and do not have to be constantly watched to prevent them from causing damage. Even so, the Torah imposed upon him a fine of Chatzi Nezek, so that he should guard his bull more carefully in the future. According to this opinion, Chatzi Nezek is Kenasa and not Mamona.

(d)One of the ramifications that arises as a result of the argument as to whether Chatzi Nezek is Mamona or Kenasa is when the owner of the bull admits, without the testimony of witnesses, that his bull caused damage. According to the opinion that maintains Palga Nizka Mamona, he must pay for half of the damages. But the opinion that maintains Palga Nizka Kenasa rules that he is exempt from payment, since a person does not have to pay Kenas if he admits to his guilt of his own accord.


9)[line 1]שאינו משתלם בראשSHE'EINO MISHTALEM B'ROSH- that is not the principle (based upon the verse "v'Shilam Oso b'Rosho" - "and he shall make restitution of the principle [of the item that he stole]" (Vayikra 5:24)

10)[line 9]ואין דורשין תחילותEIN DORSHIN TECHILOS

The Tana'im argue as to whether or not we can learn a Derashah (homiletic extrapolation) from the first time a word is mentioned. The Tana who rules that we do not is of the opinion that the first mention of the word is "l'Gufo" - "for its own sake," i.e. used solely to introduce the topic in the verse.

11)[line 18]למניינאL'MINYANA- for the count [of the total number of times that the word is mentioned, which is used in deriving a Halachah requiring that many times of something, e.g. the number of judges needed for a Beis Din]

12)[line 18]לישנא דעלמא נקטLISHNA D'ALMA NAKAT- it (the verse) used the vernacular (lit. the language of the world)

13a)[line 19]מאן דאית ליה דינאMAN D'IS LEI DINA- whoever has a court case

b)[line 19]ליקרב לגבי דיינאLIKRAV L'GABEI DAYANA- should go to (lit. draw himself close to) the judge (specifically, a judge who is a Mumcheh - RASHI)

14)[line 22]"לִנְטֹות אַחֲרֵי רַבִּים לְהַטּוֹת""... LINTOS ACHAREI RABIM L'HATOS"- "[enact Batei Din with odd numbers of judges, that will never arrive at a tie vote, lit. that have the possibility to] incline [and] follow (lit. incline yourself towards) the majority." (Shemos 23:2)

15)[line 32]"וְסָמְכוּ זִקְנֵי [הָעֵדָה...]""V'SAMCHU ZIKNEI [HA'EDAH...]"- "And the elders of the congregation shall press [their hands upon the head of the bull before HaSh-m; and the bull shall be slaughtered before HaSh-m]." (Vayikra 4:15) - This verse refers to the Korban brought by the elders of the congregation, the Par He'elem Davar Shel Tzibur (see Background to Sanhedrin 2:13b)

16)[line 39]שנים אומרים זכאי ואחד אומר חייב, זכאיSHENAYIM OMRIM ZAKAI V'ECHAD OMER CHAYAV, ZAKAI- when two [judges] say "innocent" and one [judge] says "guilty," [the verdict is that he is] innocent

17)[line 44]שיגמר הדין בשלשהSHE'YIGAMER HA'DIN BI'SHELOSHAH- so that the verdict be cast by three [judges, who are a majority of the five, should they be divided in their decisions]

18)[line 44]אטו בתלתא מי לא גמר דינא בתרי?ATU BI'TELASA MI LO GAMAR DINA BI'TREI?!- But in a court of three [judges], is the verdict not cast by [a majority as well, namely, of] two [judges]?!

19)[line 45]מפני שגמר דין בשלשהMIPNEI SHE'GEMAR DIN BI'SHELOSHAH- since the verdict must be cast by [at least] three [judges, who will have voted in favor of the verdict]

20)[line 46]מגדף בה רבי אבהוMEGADEF BAH REBBI AVAHU- Rebbi Avahu scoffed at it

21)[line 49]"אֶסְפָה לִּי שִׁבְעִים אִישׁ [מִזִּקְנֵי יִשְׂרָאֵל...]""ESFAH LI SHIV'IM ISH [MI'ZIKNEI YISRAEL...]"- "Gather for Me seventy men [of the elders of Yisrael...]" (Bamidbar 11:16)

22a)[line 49]משעת אסיפהMI'SHE'AS ASIFAH- from the time of the gathering

b)[line 50]משעת שפיטת העדהMI'SHE'AS SHEFITAS HA'EDAH- from the time of the judging by the congregation [of judges]

c)[line 51]משעת קריבהMI'SHE'AS KERIVAH- from the time of the "coming close" [of the owner of the house (i.e. the watchman) to the judges]