BACKGROUND TO THE DAILY DAF
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BAVA BASRA 93 (5 Kislev) - Sponsored by Reb Shlomo Wertenteil of Rechovot in honor of the Yahrzeit of his brother, Avrohom Tzvi Wertenteil.
[93a - 29 lines; 93b - 42 lines]
1) [line 3] UBRAH - her [dead] fetus
2) [line 3] EINO YADU'A - it is not known (that is, there are no witnesses who testify what occurred; the litigants themselves, though, maintain that each one knows what occurred -- RASHBAM)
3) [line 5] MESHALEM CHATZI NEZEK LA'PARAH U'REVI'A LA'VELAD - he (the owner of the bull that gored) must pay half of the damage for the cow (that it killed) and a quarter of the damage for its fetus (MAMON HA'MUTAL B'SAFEK CHOLKIN)
Sumchus maintains that property of doubtful ownership, i.e. with several claimants, is divided among the claimants. In the case of our Gemara, the money in doubt is the Chatzi Nezek that the owner of the bull might owe to the owner of the fetus. That money is divided between the claimants, and thus the owner of the bull keeps half of it and must pay half of it (or a quarter of the damage) to the owner of the fetus.
4) [line 7] MIS'ABROS V'YOLDOS - [most cows that] become pregnant have a normal birth
5) [line 7] MACHMAS NEGICHAH HIPILAH - because of the goring, it miscarried
6a) [line 9] MI'KAMAH ASA - it (the bull) approached from the front (of the cow)
b) [line 9] UMI'BI'ASUSU HIPILAH - and it miscarried due to fear
7) [line 14] MU'AD LIGACH / MU'AD LISHOCH - a bull that is Mu'ad to gore or Mu'ad to bite (SHOR HA'MU'AD)
(a) A bull that gores 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 caused 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") (Shemos 21:35).
(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 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 21:36).
(c) If the bull (Tam or Mu'ad) killed a person, then it is put to death (Shemos 21:29).
8) [line 16] HA'OCHER - (a) engaged in mating (RASHBAM and RASHI to Sanhedrin 37b); (b) biting (RASHI ibid.)
9a) [line 18] RUBA V'CHAZAKAH KI HADADI NINHU - a Rov and a Chazakah are comparable mechanisms [for resolving a doubt] (that is, the opinion which holds that a Rov can resolve a doubt in a monetary case will also hold that a Chazakah can resolve a doubt in a monetary case) (ROV)
See Background to Bava Basra 92:11, 14.
b) [line 18] CHAZAKAH - the situation as it stood until now, i.e. an assumption that is legally reliable
One of the most confusing aspects of the subject of "Chazakah" is that the term "Chazakah" is used to describe so many unrelated laws. Just about any logical clarification of a doubt (and more) is referred to by this name. In our Sugya, it is referring to clarifying the doubt (which animal gored the injured one) by assuming that the animal that is known to have an aggressive nature is the one that gored the other animal. In this context, "Chazakah" refers to an assumption that is made based on the past nature of a person or animal.
10) [line 7] HOTZA'AH - expenses
11a) [line 19] KOL TANA BASRA - every Tana mentioned later [in a Mishnah]
b) [line 19] LI'TEFUYEI MILSA KA ASI - is coming to add something
12) [line 28] HA'MOLICH CHITIN LITCHON - one who brings wheat to be ground
13) [line 41] LESASAN - moisten them
14a) [line 41] SUBIN - (a) bran that adheres to the wheat kernel that is separated out in the last stages of sifting; alt. coarse bran that comes off the wheat when it is pounded; (b) bran flour (coarse flour that still has the bran in it)
b) [line 41] MURSAN - coarse bran that comes off the wheat when it is pounded, or flour that still has the bran in it. RASHI to Bava Kama 99b explains that Subin is thicker than Mursan.
15) [line 29] KEMACH - flour
16) [line 29] NACHTOM - a baker
17) [line 30] PAS NIPOLIN - bread that falls apart when held
18) [line 30] TABACH - a slaughterer
19) [line 30] NIBLAH - he made it into a Neveilah (NEVEILAH)
A Neveilah is a carcass of an animal that died without a Halachic slaughtering (or that was slaughtered improperly). The Torah states, "You shall not eat anything that dies by itself (Neveilah). You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a Nochri, for you are a holy people to HaSh-m, your Elokim." (Devarim 14:21). The flesh of a Neveilah is prohibited to be eaten, and a k'Zayis or more of a Neveilah makes an object Tamei through Maga (contact) and Masa (carrying).
20a) [line 30] CHAYAV - he is obligated [to pay for the value of the food that he ruined]
b) [line 30] MIPNEI SHE'HU K'NOSEI SACHAR - because he is like one who receives a wage for his work. (One who receives a wage is liable for damages in cases of Peshi'ah, theft or loss, but is not liable in a case of Ones -- see Background to Bava Basra 70:6:a:3.)
21) [line 31] NOSEN LO DEMEI VOSHTO U'DEMEI VOSHES ORCHAV - he must give to him the value of his shame and that value of the shame of his guests (he must also certainly pay for the food that he ruined and for the expenses of the host)
22) [line 34] HA'MOSER SE'UDAH LA'CHAVERO - one who arranges a feast for his fellow man
23) [line 37] MAPAH PERUSAH - a curtain/cloth spread out [over the doorway]
24) [line 38] PEIROS - grain (wheat)
25) [line 38] HAREI ZEH MEKABEL ALAV ROVA TINOFES L'SE'AH - he (the purchaser) must accept upon himself a quarter of a Kav of foreign matter per every Se'ah of grain
26) [line 39] TE'ENIM - figs
27) [line 39] METULA'OS - wormy
28) [line 39] MARTEF SHEL YAYIN - a cellar of wine
29) [line 40] KOSESOS - bad (sour) wine
30) [line 40] KANKANIM B'SHARON - jugs (used for storing wine) in Sharon (a coastal region in Eretz Yisrael stretching from the Yarkon River in the south until Mount Carmel in the north; it was the practice there for a purchaser to accept a certain number of inferior jugs (that had broken but were repaired by being lined with pitch; see 97b), since it was known that the earth of the Sharon is comprised of mountain erosion and is very soft, and thus the earthenware jugs tend to break easily)
31) [line 40] PITSOS - large jugs (referring here to attractive jugs that are of low quality, having been repaired; see previous entry)
32) [line 41] KITNIS - legumes (or types of grain inferior to wheat)
33) [line 41] AFRURIS - dirt and other foreign matter
34) [last line] KATOSFA'AH - from Katosfa'ah, identified as Ctesiphon, a city in southern Assyria on the eastern bank of the Tigris
35) [last line] BORER TZEROR MI'GORNO SHEL CHAVERO, NOSEN LO DEMEI CHITIN - one who separates a rock out of the wheat from the threshing house of his neighbor must pay him the value of wheat in return (since the owner of the wheat would have sold a greater weight of wheat, for a higher price, with the rock in the wheat)
Index to Background for Maseches Bava Basra