[36a - 53 lines; 36b - 50 lines]

1)[line 4] , V'SHAM'AH ALAH, V'SHAM'AH KOL- [the wording of the verse (Vayikra 5:1) implies both] "and he heard a curse" [as well as] "and he heard an oath"

2a)[line 6]"[ ;] [ ]""... VA'YAVEI OSO BA'ALAH..."- "[And he took from the royal progeny and he entered into a covenant with him,] and he brought him into an oath [and he took the princes of the land]" (Yechezkel 17:13). This verse describes how Nevuchadnetzar placed Tzidkiyah, final king of Yehudah, under oath that he would not rebel against him. Furthermore, he took high-ranking members of Yerushalayim captive as an added measure of security.

b)[line 7]" -...""V'GAM BA'MELECH NEVUCHADNETZAR MARAD ASHER HISHBI'O BE'L-KIM..."- "And he also rebelled against Nevuchadnetzar who had placed him under oath with the name of G-d..." (Divrei ha'Yamim II 36:13). This verse refers to Tzidkiyah.

3)[line 8]""; , , "ARUR;" BO NIDUY, BO KELALAH, BO SHEVU'AH- [the term] "Arur" [implies] excommunication, a curse, or an oath

4)[line 9]"' ', '; ' ...'""'ORU MEROZ,' AMAR MALACH HASH-M; 'ORU AROR YOSHVEHA...'" - "'Meroz is cursed,' says the angel of HaSh-m; 'Those who sit with him are surely cursed; [for they did not come to the aid of the armies of HaSh-m...]'" (Shoftim 5:23) (DEVORAH THE PROPHETESS AND BARAK DEFEAT SISRA)

(a)Following the death of the Shofet Ehud Ben Geira, Klal Yisrael grew lax in their observance of Torah and Mitzvos. In response, and so as to prompt them to do Teshuvah, HaSh-m allowed King Yavin of Chatzor to attack and subjugate them. After twenty years of subjugation under the cruel general Sisera, Klal Yisrael finally repented and cried out to HaSh-m to save them.

(b)As they were now worthy of redemption, HaSh-m informed Devorah the prophetess that were Klal Yisrael to wage war against Sisera, they would be victorious. She and her husband, Barak ben Avino'am, led Klal Yisrael to the battlefield. HaSh-m caused a flash flood in Nachal Kishon that wiped out much of Sisera's army, including all 900 of his iron chariots. Sisera himself escaped the battlefield, only to be killed by Ya'el, wife of Chever ha'Keini.

(c)After the war, Devorah and Barak sang Shirah to HaSh-m. They had harsh words for a certain individual by the name of Meroz. The Gemara (Moed Katan 16a) records a disagreement over whether Meroz was a heavenly power (Kochav) or a powerful man.

5)[line 11] B'ARBA ME'AH SHIPUREI SHAMTEI BARAK L'MEROZ- Barak excommunicated Meroz with [the blowing of] 400 Shofaros

6)[line 12]" [ ...]""V'ELEH YA'AMDU AL HA'KELALAH..."- "And these [Shevatim] should stand for the curse [upon Har Eival...]" (Devarim 27:13).

7)[line 14]" , , ' ' [ ...]'""VA'YASHBA YEHOSHUA BA'ES HA'HI, LEIMOR, 'ARUR HA'ISH LIFNEI HASH-M...'"- "And Yehoshua placed them under oath at that time, saying, 'Cursed be the man before HaSh-m [who will arise and rebuild this city of Yericho...]'" (Yehoshua 6:27).

8)[line 16] ASHBE'INHU V'LAITINHU- he placed them under oath and he cursed them

9)[line 17]" , , , ' [ ...]'""V'ISH YISRAEL NIGAS BA'YOM HA'HU, VA'YO'EL SHAUL ES HA'AM..."- "And [every] man of Yisrael was pressed [to fight the Pelishtim] on that day, and Shaul placed the nation under oath, saying, 'Cursed be the man who eats bread before evening..." (Shmuel I 14:24).

10)[line 21] HASHTA D'ASIS L'HACHI- now that it has come to this [explanation]

11a)[line 23] BO SHEVU'AH- it implies an oath [when said in response to an oath presented by another]

b)[line 24] BO KABALAS DEVARIM- it implies an acceptance of a stipulation [in the case of a sale, gift, business deal, etc.]

c)[line 24] BO HA'AMANAS DEVARIM- it implies an affirmation [when said in response to a prayer or request]

12)[line 25]"... , ', '""... V'AMRAH HA'ISHAH, 'AMEN, AMEN'" - "... and the woman (the suspected adulteress) shall say, 'Amen, Amen'" (Bamidbar 5:22) (SOTAH)

A Sotah is a woman suspected of committing adultery because she was witnessed secluding herself (Setirah) with a certain man, after being warned by her husband in front of witnesses (Kinuy) against just such an action. See Background to 35:72.

13)[line 27]" , '! '; ' [ , ', , ]""VA'YOMER YIRMEYAH [HA'NAVI], 'AMEN! KEN YA'ASEH HASH-M; YAKEM HASH-M ES DEVARECHA...'"- "And Yirmeyah [the prophet] said, 'Amen! So may HaSh-m act; may HaSh-m uphold your words [that you have prophesied, to return the vessels of the house of HaSh-m, and the entire exile, from Bavel to this place]'" (Yirmeyah 28:6). In this verse, Yirmeyah ha'Navi addresses Chananyah ben Azor. Once a true prophet, Chananyah later falsely claimed that Klal Yisrael did need not to worry about Nevuchadnetzar and that HaSh-m would destroy him, while Yirmeyah prophesized that just the opposite was true. In this verse, Yirmeyah expresses how happy he would be if the rosy vision of Chananyah would only come true.

14)[line 28]"" ; "" "LAV" SHEVU'AH; "HEN" SHEVU'AH- "No" constitutes an oath; "Yes" constitutes an oath. This does not mean that one who says this words has truly sworn an oath, but rather that one should attempt to avoid such a situation and that he will be punished by Heaven if he transgresses his word (TOSFOS DH v'Hu).

15a)[line 29]"... [ ]""... V'LO YIHEYEH OD HA'MAYIM L'MABUL [L'SHACHES KOL BASAR]"- "... And there will no longer be water in a flood [to destroy all flesh]" (Bereishis 9:15).

b)[line 30]" , [ ...]""KI MEI NOACH ZOS LI, ASHER NISHBA'TI [ME'AVOR MEI NOACH OD AL HA'ARETZ...]"- "For these are [like] the waters of Noach to me, regarding which I have sworn [against bringing the waters of Noach ever again upon the earth...]" (Yeshayah 54:9).

16)[line 32]"... ; [ ]""... V'LO YIKARES KOL BASAR OD MI'MEI HA'MABUL; [V'LO YIHEYEH OD MABUL L'SHACHES HA'ARETZ]"- "... and all flesh will not be cut down ever again due to flood waters, [and there will no longer be a flood to destroy the earth]" (Bereishis 9:11). The proof of Rava is from the fact that the verse cites HaSh-m twice promising never to bring another flood. The next verse quoted by our Gemara merely describes how HaSh-m remembers His promise through the rainbow (MAHARSHA).

17)[line 34]" ""V'NASA CHET'O"- "he shall bear [the guilt of] his sin" (Vayikra 24:15).

18)[line 35]" ' , [ ; , ]""V'NOKEV SHEM HASH-M MOS YUMAS [-- RAGOM YIRGEMU VO KOL HA'EDAH; KA'GER KA'EZRACH, B'NAKVO SHEM YUMAS]"- " And he who curses the Name of HaSh-m should be put to death [-- the entire congregation should stone him; the foreigner as well as the resident, shall die when he curses the Name]" (Vayikra 24:16).

19)[line 38]AZHARAH- a warning [that is punishable by Malkus, but not the death penalty]. This refers to Shemos 22:27, which prohibits one from cursing G-d.

20)[line 39]"... ""... B'NAKVO SHEM YUMAS"- see above, entry #18

21)[line 41] V'DIVREI HA'KOL- and it is according to all opinions [that one transgresses a prohibition in these case even with a Kinuy]

22)[line 42]" ...""RAK HISHAMER LECHA U'SHMOR NAFSHECHA ME'OD..."- "However guard yourself and watch over your soul to a great degree..." (Devarim 4:9).

23)[line 43], , HISHAMER, PEN, V'AL- "guard," "lest," and "do not" [as a prelude to a prohibition]

24)[line 43]" ...""LO SEKALEL CHERESH..."- "Do not curse one who is deaf..." (Vayikra 19:14). This prohibition applies to cursing any Jew, deaf or otherwise. The verse stresses that it is forbidden to curse even one who cannot hear the curse.

25)[line 45] KA'AMAR HA MASNISIN KED'TENAN- related our Mishnah as it is written

26)[line 45]KANEI- turn [your words] around (and say, for example, "May HaSh-m smite him" instead of "May HaSh-m smite you")

27)[line 46]" - ; , , ""GAM KEL YITATZCHA LA'NETZACH; YACHTECHA V'YISACHACHA ME'OHEL, V'SHERESHCHA ME'ERETZ CHAYIM, SELAH"- "May G-d destroy you forever as well; May He break you and uproot you from your house, and your roots from the land of the living, Selah" (Tehilim 52:7). In this verse, David ha'Melech addresses Do'eg ha'Adomi, advisor to Shaul ha'Melech. Do'eg had convinced Shaul to wipe out Nov, city of Kohanim, since they had innocently given David food in his flight from Shaul. David here curses Do'eg that he should suffer the same fate as the Kohanim of Nov.

28)[line 49] LEIS LEI L'REBBI MEIR, MI'KELAL LAV ATAH SHOME'A HEN - Rebbi Meir does not [accept the logic of] 'from the negative you may deduce the positive' (PROPER FORMULATION OF CONDITIONS: TENAI KAFUL)

(a)In most situations, a Chalos (legally binding effect) or Kinyan (act of acquisition or an act that results in a change in status) may be made Al Tenai (conditionally).

(b)There are certain rules that govern the proper formulation and application of a Tenai. All regulations of conditions are derived from the Tenai that Moshe Rabeinu stipulated with the tribes of Gad and Reuven. They received portions in the land of Ever ha'Yarden (modern-day Jordan) on condition that they fight alongside the other tribes during the conquest of Eretz Yisrael (Bamidbar 32:20-30; see Gitin 75a, Kesuvos 74a).

(c)If a Tenai is not similar to that of Bnei Gad u'Vnei Reuven, it is as if no Tenai was stipulated and the resulting effect will occur whether or not the Tenai was fulfilled. Requirements derived from Tenai Bnei Gad u'Vnei Reuven include:

1.TENAI KODEM L'MA'ASEH - In a conditional statement, the condition must precede the subject ("If you ..., then ...) (Gitin 75b);

2.HEN KODEM L'LAV - The positive must be stated before the negative ("If you ..., then ..., but if you do not ..., then ...) (ibid.);

3.SHE'LO YIHEYEH TENAI U'MA'ASEH B'DAVAR ECHAD - (a) The condition may not affect the subject of the action (i.e., "This is your Get but the paper upon which it is written remains mine") (RASHI to Gitin 75b DH b'Davar Echad); (b) The condition may not preclude the action from happening (i.e., "This is your Get but the paper upon which it is written remains mine," in which case the Get does not take effect until it has already been returned) (TOSFOS ibid., DH d'Tenai);

4.EFSHAR L'KAIMO - It must be physically possible to fulfill the condition (Gitin 84a);

5.EFSHAR L'KAIMO AL YEDEI SHALI'ACH - A Tenai may only modify actions which one is able to perform through an agent (Shali'ach), such as purchases, sales, marriage, or divorce. Chalitzah, for example (see Background to 74:19), may not be done conditionally, since it cannot be accomplished through a Shali'ach (Kesuvos 74a).

(d)Moshe Rabeinu told the tribes of Reuven and Gad that if they would fight alongside their brethren in Eretz Yisrael then they would inherit Ever ha'Yarden, and that if they did not fight then they would not. That which he spelled out the ramifications of both their fulfillment of the stipulation as well as their inaction made it into a double-sided condition. This is termed a "Tenai Kaful." Rebbi Meir maintains that in this respect as well, all conditions must mimic Tenai Bnei Gad u'Vnei Reuven. If the Tenai was not doubled, it is as if no Tenai was stipulated. Rebbi Chanina ben Gamliel disagrees. He rules that "mi'Chlal Hen Atah Shome'a Lav" from the positive (in this case, that which the stipulation was made to begin with) one may deduce the negative (that the desired effect will not take effect if the condition is not fulfilled) (Mishnah, Kidushin 61a). RASHI (ibid. DH Rebbi Chanina) stresses that Rebbi Chanina ben Gamliel and Rebbi Meir disagree over the necessity of Tenai Kaful only. TOSFOS (ibid. DH Kol) maintains that this Machlokes extends to all of the requirements delineated in (c) above. Rebbi Meir requires them in order for the Tenai to affect the result, while Rebbi Chanina ben Gamliel maintains that the Tenai will affect the result even if these requirements are not met.

(e)From the fact that Rebbi Meir requires a Tenai Kaful, our Gemara infers that he maintains that one may never Halachically deduce the positive from that which is stated negatively (or vice versa).

29)[line 50]EIPOCH- (the Gemara answers) switch [the names with the opinions mentioned in our Mishnah]

30a)[line 51] KI LEIS LEI, B'MAMONA- when [Rebbi Meir] does not [Halachically allow the deduction of the opposite of that which has been said], it is in a case of monetary matters

b)[line 51] AVAL B'ISURA IS LEI- but in cases of prohibitions he does [infer the opposite from what has been said]

31)[line 52]SOTAH- A Sotah is a woman suspected of committing adultery because she was witnessed secluding herself (Setirah) with a certain man after being warned by her husband (Kinuy) against just such an action in front of witnesses. See Background to 35:72.

32)[line 52]"" "HINKI" KSIV- [the word "Hinaki"] is written [without a "Yud" between the "Hei" and the "Nun" as if it is meant to be read] "Hinki." The Kohen promises a Sotah that if she is indeed innocent, then "you will be clean (i.e., unaffected) by these bitter waters" (Bamidbar 5:19). Rebbi Tanchum explains that the word "Hinaki" you will be clean can be read "Hinki." Since the letters "Hei" and a "Ches" both originate from the throat (Osiyos Geroniyos), they can be used interchangeably. The verse can therefore read "Chinki" you will choke. This alternate reading is meant to be read along with the following verse, such that it reads, "You will choke due to these bitter waters if you committed adultery..." The need for this derivation implies that we cannot simply deduce that a Sotah will die as a result of the water from that which she will not die if she is innocent.

36b----------------------------------------36b

33a)[line 3] SHESUYEI YAYIN- [Kohanim who perform the Avodah (Divine Service in the Beis ha'Mikdash)] while inebriated. The verse records that HaSh-m told Aharon ha'Kohen, "Neither you nor your sons should drink wine or aged wine when you enter the Ohel Mo'ed (Sanctuary,) and you will not die..." (Vayikra 10:9). This is the source that a Kohen who does perform the Avodah while inebriated receives the Heavenly death penalty, even though it is apparent only through a deduction.

b)[line 3] PERU'EI ROSH- [Kohanim who perform the Avodah] with hair that has not been trimmed within the last thirty days [who are liable to the Heavenly death penalty because such an action is compared (Hekesh) to Shesuyei Yayin (Sanhedrin 83b)]

34)[line 5] L'OLAM TEIPOCH- we still must switch [the names with the opinions mentioned in our Mishnah such that Rebbi Meir rules that one is not obligated to offer a Korban in such a situation] (see also TOSFOS DH Hachi Garsinan)

35)[line 7] ISURA D'IS BEI MAMONA HU- it is a case of a prohibition that affects that which is monetary [since she will lose her Kesuvah (money guaranteed in her marriage contract) if she is guilty of adultery, and will still be in line to receive it if she is found innocent]. Our Mishnah also deals with a case of a prohibition that affects that which is monetary, since, as a case of Shevu'as ha'Edus, the testimony is necessary for the plaintiff to recover what he maintains is rightfully his. Therefore, Rebbi Meir does not Halachically allow the deduction of the opposite of that which has been said.

PEREK #5 SHEVU'AS HA'PIKADON

36)[line 9] SHEVU'AS HA'PIKADON - an oath denying that one is unlawfully in the possession of that which belongs to another (SHEVU'AS HA'PIKADON)

If one claims that another is unlawfully harboring his security, has refused to give him his rightful share of joint holdings, has stolen from him, or has refused to pay his wages, then the accused may swear that the claim is false. This oath is termed a Shevu'as ha'Pikadon. (In the case of a Shomer, the accused is required to take an oath in Beis Din.) Should the accused later admit that he swore falsely and that the claim was indeed true, then he must pay what he owes plus an additional fifth of the ensuing total (equal to a quarter of the original value). He also must offer a Korban Asham Gezeilos (see below, entry #43) in order to receive atonement (Vayikra 5:20-26).

37)[line 10] B'RECHOKIM UV'KEROVIM- with both those to whom he is unrelated and relatives. The oath referred to here is one in which the defendant either is or is not related to the plaintiff. This non-distinction, as well those that follow, are mentioned in our Mishnah to contrast Shevu'os ha'Pikadon with Shevu'os ha'Edus (Mishnah 30a).

38)[line 10] B'CHESHERIM U'PESULIN - with both those who are qualified for and disqualified from giving testimony (PESULEI EDUS)

(a)One who transgresses a Torah law in order to increase his wealth has the Halachic status of a "Rasha" a wicked person (see Shemos 23:1) and he is disqualified as both a judge and a witness.

(b)The Mishnah (Rosh Hashanah 22a and Sanhedrin 24b; see also Gemara ibid.) lists those who fall into this category. They include thieves, gamblers, those who loan money with interest, and those who do business with Shemitah produce.

(c)Our Mishnah teaches that in respect to Shevu'as ha'Pikadon, it makes no difference if the defendant is a valid witness or not.

39)[line 11] , BIFNEI BEIS DIN VESHE'LO BIFNEI BEIS DIN, MI'PI ATZMO- whether before Beis Din or not before Beis Din, as long as it is taken of his own initiative [or that he answered "Amen" to an oath placed upon him by another]

40)[line 12] UMI'PI ACHERIM- but if [the oath] was placed upon him by another [and he did not answer "Amen" but rather denied the accusation]

41)[line 12]YICHPERENU- they deny [the claim]

42a)[line 15] ZEDON HA'SHEVU'AH- an oath made intentionally (i.e., with full knowledge that his false oath will obligate him in a Korban Asham Gezeilos)

b)[line 15] SHIGEGASAH IM ZEDON HA'PIKADON- an oath made unintentionally (i.e., without the knowledge that his false oath will obligate him in a Korban Asham Gezeilos) if he intentionally [lies regarding] the security

c)[line 16] SHIGEGASAH GEREIDASAH- [an oath taken] purely unintentionally (i.e., he forgot that he had the security and thought that he was swearing truthfully)

43)[line 17]ASHAM (KORBAN ASHAM)

(a)The Torah specifies five cases in which a Korban Asham must be offered. This Korban usually consists of a ram which is worth a minimum of two Sela'im. The first three cases involve transgressions, whereas the latter two do not. The five are:

1.ASHAM ME'ILOS: One who benefits from Hekdesh b'Shogeg must offer a Korban Asham, aside from that which he is obligated to repay 125% of the value of that which he benefited (Vayikra 5:14-16; see Background to Kidushin 55:5a).

2.ASHAM GEZEILOS: If one steals money from his fellow Jew, swears falsely in Beis Din that he holds no such money, and later admits to his sin, he must first repay 125% of the value of that which he stole, and then offer a Korban Asham in order to receive atonement (Vayikra 5:20-26).

3.ASHAM SHIFCHAH CHARUFAH: If one had relations with a Shifchah Charufah (see Background to Yevamos 55:5), he must offer a Korban Asham whether he transgressed this sin b'Mezid or b'Shogeg (Vayikra 19:20-22).

4.ASHAM NAZIR: If a Nazir (see Background to Beitzah 35:23) becomes Tamei during his period of Nezirus, he must offer a sheep within its first year as an Asham (Bamidbar 6:12; see also Background to Nazir 60:2).

5.ASHAM METZORA: When a Metzora completes his Taharah process (see Background to Sukah 13:10:a:III), he must offer a sheep within its first year as an Asham (Vayikra 14:12).

(b)If one is in doubt as to whether or not he committed a transgression for which he must offer a Korban Chatas (see Background to Sanhedrin 4:14), then he offers a ram worth two Sela'im as a Korban Asham Taluy (a dependent Asham sacrifice; Vayikra 5:17-19). Should he later discover that he did indeed sin, he must then offer a proper Korban Chatas; the Asham Taluy provides only temporary atonement as long as he is unsure of his requirement (see Background to Nazir 23:2b).

(c)A Korban Asham is slaughtered in the northern part of the Azarah (inner courtyard of the Beis ha'Mikdash). The blood of an Asham is applied to the northeastern and southwestern sides of the Mizbe'ach, below the Chut ha'Sikra (red line that horizontally divides the Mizbe'ach in half), in such a way that there is blood on all sides of the Mizbe'ach (Shetayim she'Hen Arba). The remaining blood is then spilled onto the Yesod (base) of the Mizbe'ach. The Emurim (innards and certain fats; see Background to Yevamos 7:17) of the Asham are offered on the Mizbe'ach. Certain parts of the Korban are eaten by Kohanim in the Azarah; they must be consumed before the day following its offering (Vayikra 7:7; see also ibid. 4:27-31).

(d)Our Mishnah refers to an Asham Gezeilos.

44)[line 17] B'CHESEF SHEKALIM- [purchased] for [a minimum of two] silver Sela'im

45)[line 20] MASHBI'ACHA ANI!- I place an oath upon you!

46)[line 24] MIPNEI SHE'YACHOL LA'CHZOR UL'HODOS- since he is able to admit [to the truth between each oath, which means that he has denied the debt anew each time]

47)[line 25]TOV'IM- plaintiffs

48)[line 29] "" AD SHE'YOMAR "SHEVU'AH" BA'ACHRONAH- [he is not obligated to offer five Korbanos] until he says the word "Shevu'ah" at the end [in which case he has made it clear that his response to each one is an oath]

49)[line 31] TESUMES YAD- money given to another as an investment or as a loan

50)[line 35]KUSMIN- spelt (a type of grain)

51)[line 37] "", "", ""AFILU AMAR "CHITAH," U"SE'ORAH," V"KUSEMES"- even if he said, "Chitah," "Se'orah," or "Kusemes." The Gemara (toward the bottom of 38a) explains this opinion of Rebbi Meir.

52)[line 38] ANASTA U'PISISA ES BITI - you have raped or seduced my daughter [and are obligated to pay a fine] (ONES U'MEFATEH)

(a)If one rapes (Ones) a girl between the ages of three and twelve and a half according to the Chachamim or twelve and twelve and a half according to Rebbi Meir (Kesuvos 29a), then he must pay a fine of fifty Shekalim to her father. This is the equivalent of 200 Zuz, the amount of money promised in the case of divorce or widowhood in the standard Kesuvah (marriage document) of a virgin bride. In addition to this fine, he must pay for Pegam, Boshes, and Tza'ar (Kesuvos 39a; see Background to Bava Kama 4:13). If she and her father are agreeable, he must marry her, and he may never divorce her (Devarim 22:28).

(b)If one seduces (Pituy) a girl between the ages of three and twelve and a half according to the Chachamim or twelve and twelve and a half according to Rebbi Meir (Kesuvos 29a), he may marry her. If he is not interested in doing so, or if she or her father are not agreeable to the marriage, then he must pay a fine of fifty Shekalim to her father. This is the equivalent of 200 Zuz, the amount of money promised in the case of divorce or widowhood in the standard Kesuvah (marriage document) of a virgin bride. In addition to this fine, he must pay for Pegam and Boshes; however, a Mefateh does not pay for Tza'ar (Kesuvos 39a; see Background to Bava Kama 4:13). If he does marry her, then he need not pay the fifty Shekel fine. If he should divorce her, however, he must give her this amount for her Kesuvah as if she had been a virgin when he married her (Shemos 22:16).

(c)Our Mishnah discusses the case of one who claimed that another raped or seduced his daughter.

53)[line 39] EINO MESHALEM KENAS AL PI ATZMO - one who admits to his guilt is exempt from a fine (MODEH B'KENAS PATUR)

Any payment that constitutes an over-compensation for a monetary loss or is set regardless of the specific circumstances of the damage incurred has the status of a "Kenas" (fine) as opposed to that of "Mamon" (remuneration). One becomes liable to pay a Kenas only based upon the testimony of valid witnesses; he is never liable to pay a Kenas based upon his own admission. If, after his admission, witnesses subsequently testify to his action in Beis Din, Amora'im disagree as to whether or not he must make these extra payments (see Bava Kama 74b-75a). One is under no moral obligation to pay a Kenas unless it has been placed upon him by Beis Din (RASHBA to Bava Kama 74b; see also MILCHAMOS HASH-M at the end of the third Perek of Kesuvos).

54)[line 40] BOSHES U'FEGAM - [remuneration for] shame and blemish (CHOVEL: CHAMISHAH DEVARIM: BOSHES, PEGAM)

(a)One who wounds his fellow Jew is obligated in up to five distinct payments. These consist of:

1.NEZEK (Damages) - payment for the depreciation of the victim. This is assessed by determining the difference between his value on the slave market before he was damaged and his current slave market value.

2.TZA'AR (Pain) - payment for the pain caused to the victim. This is assessed as the amount the victim would have been willing to pay in order to forego the pain (Bava Kama 85a). Therefore, this payment depends upon both the financial situation and threshold for pain of the victim (RAMBAM Hilchos Chovel u'Mazik 2:9).

3.RIPUY (Medical Expenses) - payment of all medical bills until the victim is completely healed of his wounds.

4.SHEVES (Unemployment) - reimbursement for the time period during which the victim is unable to earn an income. Sheves is evaluated as the minimum wage defined as that paid to one who guards a field from birds no matter the actual earning power of the victim (Mishnah, Bava Kama 83b).

5.BOSHES (Shame) - reimbursement for the shame and embarrassment caused to the victim. This depends upon the social status of both he who caused the embarrassment and he who was embarrassed. The shame of a distinguished individual is greater than that of a less distinguished individual, and the shame caused by a less distinguished individual is greater than that caused by a distinguished individual (ibid.). (Some Rishonim maintain that the shame caused by an average individual is greater than the shame cause by either a more or less dignified individual RASHI to Kesuvos 40a, RAN.) Due to its nature, only one who intentionally damaged another is obligated in Boshes.

(b)Not every one of these five payments applies to every case. It is possible to become obligated in only one or any other combination of these payments.

(c)The payment of Pegam in a case of Ones or Pituy is parallel to the payment of Nezek, see above (a):1.

55)[line 41] LO TAVACHTI V'LO MACHARTI - I neither slaughtered nor sold [the ox I stole from you] (TASHLUMEI KEFEL V'TASHLUMEI ARBA'AH V'CHAMISHAH)

(a)One who steals an object from his fellow Jew must return it to its owner. If he no longer has it, or if is no longer in its original state, then he must make restitution for its value at the time of the theft (Vayikra 5:23). Under certain circumstances, a thief must pay double the value of that which he stole. The first payment is the "Keren" (principle), and the second payment is called "Kefel" (double).

(b)Only a Ganav one who makes sure that the owners of the object are not around when he steals from them is liable to pay Kefel. A Gazlan a robber who forcibly separates people from their possessions never pays Kefel. The Gemara (Bava Kama 79b) explains that the Torah treats the crime of the Ganav more seriously since he demonstrates that his fear of man is greater than his fear of G-d.

(c)If the object stolen was a live sheep or ox, and the thief either slaughtered or sold it, the Torah places an even stiffer fine upon him. In the case of a stolen sheep (or goat) that was slaughtered or sold, he must compensate the owner four times its value, whereas in the case of a stolen ox that was slaughtered or sold he must compensate the owner five times its value. Chazal (Bava Kama 79b) explain that the Torah was more lenient with one who steals a sheep than with one who steals an ox since he has already suffered through the demeaning experience of walking while carrying a sheep on his shoulders. One who stole an ox, by contrast, presumably led the ox on foot behind him.

(d)Since Kefel, Arba'ah, and Chamishah are over-compensations for a monetary loss, they have the status of a Kenas (fine) as opposed to that of Mamon (remuneration). One is never liable to pay a Kenas based upon his own admission (see above, entry #53). Therefore, one who falsely swears that he did not slaughter or sell a stolen ox or sheep does not become obligated in an Asham Gezeilos.

56)[line 43] HEMIS SHORCHA ES AVDI - your ox killed my slave (SHELOSHIM SHEL EVED)

(a)An animal that kills a person is put to death by stoning. The owner of the animal is not obligated in any other form of restitution, but he may not receive any benefit from his animal once the death sentence has been issued (Shemos 21:28; Sanhedrin 2a).

(b)If the animal had killed before, however, and its owner had been informed and duly warned to guard his animal after each time, then the ox is termed a Mu'ad. If a Mu'ad kills a person, then his owner is liable to Misah b'Yedei Shamayim (death delivered through natural means; see Background to Yevamos 3:27). He may, however, redeem himself by paying "Kofer" to the children or heirs of the dead man (Shemos 21:29-30). The amount paid as Kofer is either his own value or the value of the dead man, depending upon the various opinions of the Tana'im (Makos 2b). If a Mu'ad kills a Nochri slave, then the Kofer is set by the Torah at thirty Sela'im, and it is paid to the slave's owner (Shemos 21:32).

(c)The Tana'im disagree as to how many times an animal must kill before it is termed a Mu'ad. Rebbi is of the opinion that it is so after it has killed twice, whereas Raban Shimon Ben Gamliel maintains that it becomes a Mu'ad only after it has killed three times (see, for example, Yevamos 64b).

(d)Since Sheloshim Shel Eved is set regardless of the specific circumstances of the damage incurred, it has the status of a Kenas (fine) as opposed to that of Mamon (remuneration). One is never liable to pay a Kenas based upon his own admission (see above, entry #53). Therefore, one who falsely swears that his animal did not kill the slave of another does not become obligated in an Asham Gezeilos.

57)[line 45] CHAVALTA BI- you have attacked me

58)[line 45]CHABURAH- a wound

59)[line 46] HIPALTA ES SHINAI V'SIMISA ES EINAI - you knocked out my tooth; you blinded my eye [for which the owner can be fined to free his Nochri slave] (YETZ'IAH B'SHEN V'AYIN)

(a)Should the master of an Eved Kena'ani (Nochri slave) blind one of his eyes or knock out one of his (permanent) teeth, then the slave must be set free (Shemos 21:26-27). In order for this Halachah to apply, his owner must have had intent to wound him, although not necessarily in the eye or tooth (Kidushin 24b).

(b)This Halachah is not limited to the eye and tooth described in the verse; it applies equally to any of a Nochri slave's twenty-four Roshei Evarim (extremities). These are comprised of his ten fingers, ten toes, nose, two ears, and male organ (RASHI to Gitin 42b DH b'Chulan). Other limbs to which this Halachah may apply are the subject of a discussion in the Gemara (Kidushin 24a).

(c)Since this Halachah is set regardless of the specific circumstances of the damage incurred, it has the status of a Kenas (fine) as opposed to that of Mamon (remuneration). One is never liable to pay a Kenas based upon his own admission (see above, entry #53). Therefore, one who falsely swears that he did not cause his slave to lose one of his extremities does not become obligated in an Asham Gezeilos.

60a)[last line] TANU SHEVU'OS BEI RABAH- they were learning Maseches Shevuos in the Yeshivah of Rabah

b)[line 21] PAGA BEHU RAV KAHANA- Rav Kahana met up with them

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