BAVA BASRA 2-8 - 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.

[4a - 52 lines; 4b - 42 lines]

1)[line 1] , AHADAR LEI KELILA D'YAILEI, NAKRINHU L'EINEI- he (Hurdus) wrapped on him (Bava ben Buta) a crown of [prickles of a] porcupine (O.F. hericon), and he pierced his (Bava ben Buta's) eyes

2)[line 1] , YOMA CHAD ASA V'YASIV KAMEI- one day Hurdus came and sat before him

3)[line 2] AVDA BISHA- an evil slave

4)[line 4] NELATYEI MAR- the master should curse him

5)[line 4]" , ; , ""GAM B'MADA'ACHA MELECH AL TEKALEL, UV'CHADREI MISHKAVCHA AL TEKALEL ASHIR; KI OF HA'SHAMAYIM YOLICH ES HA'KOL, U'VA'AL KENAFAYIM YAGID DAVAR"- "Even in your mind, do not curse a king, and in the chamber of your sleeping, do not curse the rich; because a bird of the sky will bring the sound, and a winged creature will tell of the matter." (Koheles 10:20)

6)[line 8]" ""V'NASI V'AMCHA LO SA'OR"- "A leader of your people do not curse." (Shemos 22:27)

7)[line 9] B'OSEH MA'ASEH AMCHA- [this prohibition refers to] one who is acting in the ways of your people (i.e. he is doing Mitzvos and is not a transgressor)

8)[line 10] MISTEFINA MINEI- I am afraid of him

9)[line 11] ANA V'AT YASIVNA- only I and you are sitting here

10)[line 13] ANA HU- I am he!

11)[line 13]ZAHAREI- careful

12)[line 16]" ""V'NAHARU ELAV KOL HA'GOYIM"- "All the nations will stream to it (the Beis ha'Mikdash." (Yeshayah 2:2) [The Aramaic word for "light" is , similar to the word "".

13)[line 17]" ""V'HAYAH IM ME'EINEI HA'EDAH NE'ESESAH LI'SHGAGAH"- "If, from the eyes of the people, it was done unintentionally..." (Bamidbar 15:24) - This verse refers to a case in which the Sanhedrin permit the nation to do an act which is actually forbidden with an Isur of Kares (see Background to Kidushin 36:22:II).

14)[line 17]" ""HINENI MECHALEL ES MIKDASHI GE'ON UZCHEM MACHMAD EINEICHEM..."- "I hereby am profaning My holy place, the pride of your strength, the desired of your eye..." (Yechezkel 24:21)

15)[line 18] MISTEFINA MI'MALCHUSA- I am fearful of the Roman empire

16)[line 18] SHEDAR SHELICHA- send a messenger

17a)[line 19] V'LEIZIL SHATA- it will take him a year to get there

b)[line 19] V'LI'AKEV SHATA- he will be delayed there (in Rome) for a year

c)[line 19] V'LIHADAR SHATA- it will take a year for him to return

18)[line 19] AD'HACHI V'HACHI- in the meantime

19)[line 21] , BASAR D'AVDIN, MISMALCHIN- after they do the act, then they ask for permission

20)[line 21] , IM ZAINACH ALACH, SIFRACH KAN- even if your military might is upon you (and makes you proud), the book of your lineage is here (i.e. remember that we are aware of your slave lineage)

21)[line 22]RAKA- ruler, king

22)[line 22] HURDUS AVDA KELANYA MIS'AVID- Hurdus is a slave who made himself free

23)[line 23]" ""VA'YIKRE'U LEFANAV AVRECH"- "They proclaimed before him, 'Avrech.'" (Bereishis 41:43) - "Avrech" is a composite of the words "Av" and "Rach."

24)[line 24] BINYAN HURDUS- the Beis ha'Mikdash built by King Hurdus (Herod), who ruled between 37 - 4 BCE

25a)[line 25]SHISHA- grayish-brown marble (O.F. bis - grayish brown); alt. yellow marble or alabaster

b)[line 25]MARMERA- white marble

26)[line 25]KOCHALA- (a) bluish marble (RASHI); (b) black marble (RABEINU GERSHOM)

27)[line 26] APIK SAFAH V'AYIL SAFAH- he made one [row of stones] protruding and the next [row] sunken

28)[line 26] KI HEICHI D'NAKBIL SIDA- so that the plaster would stay in place

29)[line 26] () [] SAVAR L'MISH'AYEI B'DAHAVA- he considered covering it with gold

30)[line 27] KI IDVUSA D'YAMA- like the waves of the sea

31)[line 29]", , , ; ""LAHEN, MALKA, MILKI YISHPAR ALACH, VA'CHATAYACH B'TZIDKAH FERUK, VA'AVAYASACH B'MICHAN ANAYIN; HEN TEHEVEH ARCHA LISH'LEVESACH"- "Therefore, O king, let my counsel be acceptable to you, and break off your sins by practicing righteousness, and your iniquities by showing mercy to the poor; that there may be a lengthening of your tranquility." (Daniel 4:24; see Background to Sotah 21:1)

32)[line 31]" ""KOLA META AL NEVUCHADNETZAR MALKA"- "All of this [Daniel's interpretation of Nevuchadnetzar's dream] befell King Nevuchadnetzar." (Daniel 4:25) - In order to show Nevuchadnetzar that the world is ruled by HaSh-m and that his glory was given to him by HaSh-m, it was decreed that he live like a beast in the fields for seven years. He ate grass like oxen, his hair grew like eagles' feathers and his nails grew like birds' claws. After seven years he lifted up his eyes to Heaven and blessed, praised and honored HaSh-m, and his reason and understanding returned to him. He returned to his former glory as king of the known world, receiving added dominion over the wild beasts of the fields.

33)[line 31]" ; [ ]""LI'KETZAS YARCHIN TREI ASAR [AL HEICHAL MALCHUSA DI VAVEL MEHALECH HAVAH]"- "At the end of twelve months [he was walking upon the royal palace of Bavel.]" (Daniel 4:26) - The subsequent verses describe how all of these events befell Nevuchadnetzar.

34)[line 32] SHANI AVDA D'ICHAYEIV B'MITZVOS- a slave (Eved Kena'ani; see Background to Bava Metzia 99:2) is different because he is obligated in certain Mitzvos (and as such it was permitted for Bava ben Buta to advise him)

35a)[line 33] CHATCHUHU MI'GEDULASO- They cut him off from his greatness (i.e. from his prominent position)

b)[line 34] KOL DIVREI MALCHUS NECHTACHIN AL PIV- all the governmental decisions were decided by him

36)[line 35] SHADYUHU L'GUVA D'ARYEVASA- they threw him into the lions' den

37a)[line 36] ASRA D'NEHIGEI- a place where the local custom is [to make a fence from cheaper materials]

b)[line 36]B'HUTZA- with palm branches

c)[line 36]V'DAFNA- (O.F. lorier - laurel; O.F. baies - berries, fruit of the laurel) branches of a laurel tree; "Hutza v'Dafna" refers to a screen or hedge made of the branches of a laurel tree (Dafna) interwoven with palm leaves (Hutza)

38)[line 37] PANINHU CHAD LI'RESHUSA DIDEI- One of them brought them (the bricks or the stones from the fence) into his own property


The general rule in monetary claims is that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person. Hence, when there is a doubt, all money remains with the one who has possession.

40)[line 46] ACHPEI LEI L'KARNA L'VAR- when he bends the top of the wall towards the outer side

41)[line 47] ?!V'NA'AVID MIL'GAV!?- And let him do it (bend the top of the wall) towards the inner side!?

42)[line 48] GAYIZ LEI CHAVREI- His friend will cut it off (i.e. the bent part of the wall, in order to make it seem that they shared the expenses of building the wall)

43)[line 48] GIZUZA MEIDA YEDI'A- the place where it was cut off will be discernible (and this will deter him from cutting it off)

44)[line 50] LAYIF LEI CHAVREI- his friend will also attach one


45)[line 1] NISH'AYEI B'AMSA MIL'VAR- he should smear an Amah's length of plaster on the top of the outer part of the wall

46)[line 3] KAPIL LEI CHAVREI- his neighbor will peel it off (the plaster)

47)[line 5] SINUFEI YEREICHEI- he should turn the tops of the palm branches towards the outer side

48)[line 7] GAYIZ V'SHADI LEI- he will cut it off and discard it (the protrusion of the palm branches)

49)[line 8] MASHRIK LEI TINA- he should cover it with cement (i.e. the entire branch, even the part that is not extended, so that if his neighbor cuts off the branch, it will be noticeable)

50)[line 15], ?!V'TANA, TAKANTA L'RAMA'EI KA MASHMA LAN?!- Is the Tana teaching us instructions [that are relevant only] regarding a swindler?!

51)[line 21] HA'MAKIF ES CHAVEIRO- one who surrounds his neighbor's property (on three sides)

52)[line 23] MEGALGELIN ALAV ES HA'KOL- We require him to pay his share in all [of the four sides of the fence]. (The Gemara will discuss what is meant by "all.")

53a)[line 25]NIKAF- the neighbor whose field is surrounded

b)[line 25]MAKIF- the one who surrounded his neighbor's field

54)[line 26] DEMEI KANIM BEZOL- the amount that it would cost to erect an inexpensive fence constructed from reeds

55)[line 33] AGAR NETIRA- the amount it would cost to pay a guard's wages