[27a - 48 lines; 27b - 52 lines]
1)[line 1]עד זומםED ZOMEM (EDIM ZOMEMIM)
(a)If two witnesses testify to a crime or an event and a later set of witnesses contradict their testimony by saying that the crime or event did not take place exactly as the first set of witnesses testified, all of the witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din cannot use either testimony.
(b)If, however, two witnesses testify to a crime or an event and a later set of witnesses disqualify that testimony by saying that the first set of witnesses were with them in a different place at the time that the first set of witnesses claim that the act took place, the first witnesses are termed Edim Zomimin (conspiring witnesses). The Torah commands that the second set of witnesses are believed, rather than the first. In general, Edim Zomemim are punished with the punishment they tried to cause. (Devarim 19:16-21. See Mishnah Makos 5a.)
2)[line 1]עד זומם... למפרע הוא נפסל / (מיכן) [מכאן] ולהבא הוא נפסלED ZOMEM... L'MAFRE'A HU NIFSAL / MI'KAN UL'HABA HU NIFSAL
(a)Abaye rules that when a witness is found to be an Ed Zomem (see previous entry), he is retroactively disqualified as a witness as of the date that he gave the false testimony. Any subsequent testimony, even regarding other matters, is disqualified.
(b)Rava holds that the witness becomes disqualified from giving testimony only for future testimonies delivered after the date of his conviction. (This argument is one of the six arguments (YE'AL KEGAM) between Abaye and Rava in which the Halachah follows the view of Abaye; see below, entry #10.)
3)[line 3]מעידנא דאסהידME'IDNA D'AS'HID- from the moment at which he testified
4)[line 4]"... אַל תָּשֶת יָדְךָ עִם רָשָׁע [לִהְיֹת עֵד חָמָס]""... AL TASHES YADCHA IM RASHA [LIH'YOS ED CHAMAS]"- "Do not become involved with a wicked person [to be a false witness]" (Shemos 23:1).
5)[line 5]אל תשת רשע עדAL TASHES RASHA ED- [the verse is interpreted to mean,] do not let an evildoer be a witness (and since the witness was proven to have lied, he is disqualified from being a witness in all cases that followed the case in which he lied)
6)[line 6]מאי חזית דסמכת אהני?MAI CHAZIS D'SAMCHAS A'HANEI?- What do you see that makes you rely on these [witnesses, i.e. the second group]?
7)[line 10]משום פסידא דלקוחותMISHUM PESEIDA DI'LEKUCHOS- because of the loss to the buyers (if we disqualify the witness retroactively, then all of the deeds of sale on which he testified in the interim will become annulled, and the purchasers will thereby suffer a loss)
8)[line 11]דאסהידו בי תרי בחדD'AS'HIDU BEI TREI B'CHAD- [a case where] two witnesses testify against one witness (testifying that he is an Ed Zomem)
9)[line 12]דפסלינהו בגזלנותאPASLINHU B'GAZLANUSA- other witnesses invalidated these witnesses by testifying that they stole (and a Gazlan is Pasul l'Edus)
10)[line 15]ביע"ל קג"םYE'A"L KEGA"M- a mnemonic device to remember the six cases in which Abaye and Rava argue where the Halachah follows the opinion of Abaye. These cases are:
1.YE'USH SHE'LO MI'DA'AS - The owner of a lost or stolen object does not as yet know that his object is lost or stolen. Had he known, he would have given up hope of ever getting it back, and would have verbally acknowledged that the loss is irretrievable ("Ye'ush"). Abaye rules that Ye'ush she'Lo mi'Da'as is not considered Ye'ush (Bava Metzia 21b).
2.ED ZOMEM LIMAFRE'A HU NIFSAL - Abaye rules that a witness who is found to be an Ed Zomem is disqualified retroactively, such that all testimonies that he gave between the time that he gave his false testimony and now are considered invalid (Sanhedrin 27a).
3.LECHI HA'OMED ME'ELAV - Abaye rules that a board which was not put in place for the purpose of being used as a Lechi (to permit carrying objects from a Chatzer to a Mavoy, and in the Mavoy itself) is considered a Lechi (Eruvin 15a).
4.KIDUSHIN SHE'EINAM MESURIN L'BI'AH - Abaye rules that Kidushin (betrothal) to a woman with whom marital relations will be prohibited due to a Safek Isur Kares (see Insights to Kidushin 51:1 and Background to Kidushin 51:10) are considered binding to the extent that the woman needs to receive a Get from the Mekadesh and becomes prohibited to his immediate relatives.
5.GILUY DA'AS B'GITA - A husband has sent a Get to his wife with a messenger, and the messenger returns having not been able to deliver the Get. The husband then hints that he is pleased with the fact that he has not as yet divorced his wife, but he does not state explicitly that he does not want the messenger to deliver the Get, or that he wishes to revoke the Get. Abaye rules that his hints have no bearing on the validity of the Get, and the messenger is still able to deliver the Get (Gitin 34a).
6.MUMAR OCHEL NEVEILOS L'HACH'IS - Abaye rules that a person who eats non-Kosher food (or transgresses any other sin) in order to anger his Creator is disqualified from being a witness, even though he has not demonstrated a willingness to transgress the Torah for monetary benefit (Sanhedrin 27a).
11a)[line 15]מומר אוכל נבילות לתיאבוןMUMAR OCHEL NEVEILOS L'SEI'AVON- a sinner who eats non-Kosher food (or transgresses any other sin) for monetary benefit, e.g. the non-Kosher food is less expensive
b)[line 17]להכעיסL'HACH'IS- [a sinner who eats non-Kosher food (or transgresses any other sin)] in order to anger his Creator
12)[line 21]אל תשת חמס עדAL TASHES CHAMAS ED- [the verse (Shemos 23:1; see above, entry #4) is interpreted to mean,] do not let an extortionist (i.e. someone who sins in order to get money) be a witness (but other types of sinners may serve as witnesses)
13)[line 21]ומועלין בשבועותMO'ALIN BI'SHEVU'OS- those who sin by swearing falsely
14)[line 22]שבועת שואSHEVU'AS SHAV (SHEVU'AS SHAV / SHEVU'AS SHEKER)
(a)It is forbidden to swear in vain, as the Torah states, "לֹא תִשָּׂא אֶת שֵׁם ה' אֱ-לֹקֶיךָ לַשָּׁוְא..." "Lo Sisa Es Shem HaSh-m El-kecha la'Shav..." (Shemos 20:7). There are four types of oaths that are in vain:
1.a false oath about something known; e.g. that a marble pillar is made of gold
2.a true oath about something known; e.g. that a stone is a stone
3.an oath to transgress a Mitzvah
4.an oath which is impossible to keep; e.g. not to sleep for three days or not to eat for seven days.
(b)If a person swears in vain b'Mezid, he receives lashes. If he swears b'Shogeg, he does not bring a Korban (SEFER HA'CHINUCH #30).
15)[line 23]שבועת ממוןSHEVU'AS MAMON- an oath attesting to the rightful ownership of money or property
16)[line 27]פסול לכל התורה כולהPASUL L'CHOL HA'TORAH KULAH- he is disqualified from serving as a witness for all matters in the Torah
17)[line 40]רבי מאיר ורבי יוסי, הלכה כרבי יוסיREBBI MEIR V'REBBI YOSI, HALACHAH K'REBBI YOSI- in a dispute between Rebbi Meir and Rebbi Yosi, the Halachah follows the view of Rebbi Yosi (Eruvin 46b)
18)[line 41]דְּסָתַם לן תנא כרבי מאירSASAM LAN TANA K'REBBI MEIR- the Tana wrote a Mishnah anonymously, in accordance with the view of Rebbi Meir (and therefore the Halachah should follow his view; the Gemara will explain this on 27b)
19)[line 42]דבר חמא קטל נפשאBAR CHAMA KATAL NAFSHA- Bar Chama killed a person
20)[line 43]ריש גלותאREISH GALUSA- the Exilarch, the leader of the Jews in Babylon
21)[line 44]פוק, עיין בהPUK, AYEIN BAH- go out and look into the matter
22)[line 44]אי ודאי קטל, ליכהיוהו לעיניהIY VADAI KATAL, LICH'HAYUHU L'EINEI- if he certainly killed, then poke out his eyes (see Rashi for two other interpretations of the meaning of this statement)
23)[line 47]קמאי דידי גנב קבא דחושלאKAMAI DIDI GANAV KAVA D'CHUSHLA- in front of me he (the witness) stole a Kav of peeled barley
24)[line 1]קתא דבורטיאKATA D'VUTIYA- the handle of a spear
25)[line 1]אמר ליהAMAR LEI- Rav Aba bar Yakov said to Bar Chama
26)[line 11]בפסולי יוחסיןPESULEI YUCHASIN- people of sullied lineage (such as a Ger or Mamzer) who are disqualified from serving as judges for capital cases, but may serve as judges for monetary cases
27)[line 18]ומלוי ברביתMALVEI B'RIBIS- those who lend money with interest
28)[line 24]נשקיה אכרעיהNASHKEI A'KAR'EI- he (Bar Chama) kissed him (Rav Papi) upon his feet
29)[line 25]וקבליה לכרגיה דכולי שניהKIBLEI LI'CHERAGEI D'CHULEI SHENEI- he (Bar Chama) accepted upon himself to pay his (Rav Papi's) taxes for all of his years
30a)[line 28]וחמיוCHAMIV- his father-in-law (his wife's father)
b)[line 28]וגיסוGISO- his brother-in-law (his wife's sister's husband)
31)[line 29]וחורגוCHORGO- his step-son (his wife's son from a different marriage)
32)[line 30]אבל משנה ראשונה, "דודו ובן דודו וכל הראוי ליורשו"AVAL MISHNAH RISHONAH, "DODO U'VEN DODO V'CHOL HA'RA'UY L'YORSHO"- but the ruling of the original Mishnah was that "his uncle, his uncle's son, and anyone who is fit to inherit him" may not testify for him. (This refers to the relatives of one's father, and not of one's mother, as the relatives of one's mother do not inherit from him. The reason the Mishnah Rishonah mentioned specifically "his uncle and his uncle's son" is because it is paraphrasing the verse (Vayikra 25:49). The reason why it mentions them altogether and does not mention simply "anyone who is fit to inherit him" is because, in theory, the members of his entire Shevet could inherit him, and thus the Mishnah needs to point out that only the close relatives are included in the disqualification to testify (TIFERES YISRAEL). The words "Kol ha'Karov Lo b'Osah Sha'ah..." are the resumption of the words of the Tana Kama.)
33)[line 33]ויש לו בנים ממנה, הרי זה קרובV'YESH LO VANIM MIMENAH, HAREI ZEH KAROV- and he (the husband of one's daughter) has children from her, he is considered a relative (even though the daughter has died)
34)[line 35]שושבינוSHOSHVINO - (lit. his close comrade) (SHUSHVINUS)
(a)Shushvinus refers to the custom whereby a person brings gifts to the wedding feast of a friend and partakes in the feast, and then the friend reciprocates and brings gifts when the first person (or one of his children) gets married. The Gemara in Bava Basra (144b-145b) discusses the details of the practice of Shushvinus at length.
(b)The SHULCHAN ARUCH (EH 60) writes that this custom is no longer practiced the way it used to be.
35)[line 36]באיבהB'EIVAH- out of enmity
36)[line 37]"לֹא יוּמְתוּ אָבוֹת עַל בָּנִים, [וּבָנִים לֹא יוּמְתוּ עַל אָבוֹת; אִישׁ בְּחֶטְאוֹ יוּמָתוּ]""LO YUMSU AVOS AL BANIM, [U'VANIM LO YUMSU AL AVOS; ISH B'CHET'O YUMASU]"- "Fathers shall not be put to death because of sons, [and sons shall not be put to death because of fathers; a man shall be put to death because of his own sin]" (Devarim 24:16).
37)[line 45]"... וְאַף בַּעֲוֹנוֹת אֲבוֹתָם אִתָּם יִמָּקּוּ""... V'AF BA'AVONOS AVOSAM ITAM YAMAKU"- "... and even because of the sins of their fathers they shall perish" (Vayikra 26:39).
38)[line 50]"וְכָשְׁלוּ אִישׁ בְּאָחִיו...""V'CHASHLU ISH B'ACHIV..."- "Each man will stumble over his brother..." (Vayikra 26:37).
39)[line 51]שכולן ערבים זה בזהKULAN AREVIM ZEH BA'ZEH- they are all responsible for each other
40)[last line]שהיה בידם למחות, ולא מיחוHAYAH B'YADAM LIMCHOS, V'LO MICHU- it was in their ability (lit. hands) to protest, and they did not protest