BACKGROUND TO THE DAILY DAF
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BAVA BASRA 164 (17 Shevat) - Dedicated by Mrs. Idelle Rudman in memory of Harav Reuven Moshe Rudman ben Harav Yosef Tuvia Rudman on his fourth Yahrzeit.
[164a - 28 lines; 164b - 43 lines]
1) [line 1] MOCHEK V'CHOZER U'MOCHEK - [perhaps a deceitful person will] erase [a document, write a valid Shtar with valid witnesses], and then erase it again (and falsify the text of the Shtar above the signatures of the witnesses)
2) [line 3] DILMA SHADI DEYUSA A'MAKOM EDIM ME'IKARA U'MACHIK LEI - perhaps he will first throw ink on the area where the witnesses will sign, and then erase it (so that when the witnesses sign there, they will be signing on an area that has been erased twice)
3) [line 8] NEYAR - fresh paper (on which nothing was ever written or erased)
4) [line 10] D'CHASVEI HACHI - [the Shtar is valid] when they (the witnesses) write the following
5) [line 10] ANACHNA SAHADEI CHASAMNA A'MACHAKA - we, the witnesses, signed on an erased area
6) [line 12] D'CHASVEI HEICHA? - Where do they write this?
7) [line 12] MILE'TACHAS - beneath [their signatures]
8) [line 12] GAYIZ LEI - he will cut it off
9) [line 12] ILAI - above [their signatures]
10) [line 21] LO YADI'A - it is not known/discernible (since the erased area on which the Shtar is written cannot be compared to any other erased area on the Shtar (because there is no other erased area), it is not discernible that the Shtar was written on paper that was erased twice)
11) [line 21] V'LEISEI MEGILASA ACHARISEI - and let them bring a different scroll (and erase writing from it)
12) [line 22] V'LIDMEI - and compare it
13) [line 23] ULE'KABLAH - and let them accept/validate [the signatures of the witnesses in Beis Din, and then erase the signatures and compare the erasure with the erasure beneath the text of the Shtar]
14) [line 25] BEN YOMO - a day-old erasure
15) [line 26] VE'LISH'HAYEI - and let them leave it for some time (and then compare it with the erasure on the Shtar)
16) [line 26] CHAISHINAN L'VEIS DIN TO'IN - we are concerned for a mistaken Beis Din (that does not know how to scrutinize the appearance of erasures on paper)
17) [last line] HESHIV - he retorted
18) [line 1] ZEMANO SHEL ZEH - the date of this [document (a Shtar Mekushar) is not the same as the date of this (a normal Shtar)]. Every Shtar has a date written in it. The Chachamim enacted -- as part of the stringencies of a Get Mekushar -- that the date in a Get Mekushar be written with a different format, as the Gemara explains (see following two entries).
19) [line 2] MALACH SHANAH, MONIN LO SHANAH - when the king reigned for one year, we count for him one year. When writing the date in a normal Shtar, we write the year based on the reign of the present king. Thus, if the present king has reigned for one year, we write "during the first year of the reign of King..."
20) [line 3] MALACH SHANAH, MONIN LO SHTAYIM - when the king reigned for one year, we count for him two years. When writing the date in a Shtar Mekushar, we write the year following the reign of the present king. Thus, if the present king has reigned for one year, we write "during the second year of the reign of King..."
21) [line 4] ZIMNIN D'YAZIF MINEI ZUZEI BI'MEKUSHAR - there will be times when one will borrow from someone else money with a Shtar Mekushar
22) [line 5] U'MISRAMI LEI ZUZEI BENEI BENEI, U'FARA LEI - and he will unexpectedly obtain (lit. chance upon) some money in the interim (i.e. before the date written in the Shtar Mekushar), and he will pay back the loan
23) [line 6] IRKAS LI - I lost it
24) [line 7] TAVRA - a receipt (proving that the debt was already paid)
25) [line 8] HASHTA D'YAZAFT MINA'I - it is now that you borrowed money from me
26) [line 9] U'MI BAKI REBBI BI'MEKUSHAR? - and was Rebbi such an expert in the laws of a Shtar Mekushar?
27) [line 11] ZUNIN - the name of a Chacham who lived in the times of Rebbi
28) [line 13] BASAR D'SHAM'AH MI'ZUNIN SAVRAH - after he heard it from Zunin, he held of it
29) [line 14] BI'SHENAS PELONI ARKAN - in the year of so-and-so, the monarch
30) [line 15] YIBADEK EIMASAI AMAD ARKAN B'ARCHENUSEI - it should be checked when the monarch rose to his power
31) [line 16] D'ARICH MALCHUSEI - [perhaps it means] that his reign was lengthy (and it refers to the latter part of his reign, and not the first year of his reign)
32) [line 18] DIGON - the second-year reign (literally "two" in Greek)
33a) [line 18] AVUREI AVRUHU - they removed him [from the throne]
b) [line 19] V'HADAR UKMUHU - and then they reinstated him [as king]
34a) [line 21] HINA - one (in Greek). If a person says, "Hareini Nazir Hina," then he has to keep one period of Nezirus. If he says, "Hareini Nazir Digon," then he has to keep two periods of Nezirus.
b) [line 21] DIGON - two (in Greek) or "of two"
c) [line 21] TRIGON - three (in Greek) or "of three"
d) [line 22] TATRIGON - four (in Greek) or "of four"
e) [line 22] PANTIGON - five (in Greek) or "of five"
35a) [line 23] BAYIS AGUL, DIGON, TRIGON, PANTIGON EIN MITAMEI BI'NEGA'IM / TATRIGON MITAMEI BI'NEGA'IM (NIG'EI BATIM - Tzara'as that infects houses)
(a) The laws of Nig'ei Batim (as described below) apply only to a building with four sides ("Tatrigon"). The laws of Nig'ei Batim do not apply to a circular building (the walls of which form the shape of a circle), a semi-circular building (which has two corners), a triangular building (which has three walls), or a pentagonal building (which has five walls). This is derived from the verses (see next entry).
(b) The marks of Tzara'as for houses consist of intense green or intense red streaks or spots that are at least the size of two Gerisin (a Gris is a Cilician bean, approximately the size of a dime) (Nega'im 12:3). If Tzara'as is found on the walls of a house, it is put into quarantine by a Kohen for a week. Before the Kohen puts the house into quarantine, he commands that the house be emptied of its contents to prevent its utensils from becoming Tamei.
(c) The Torah states (Vayikra 14:39) "v'Shav ha'Kohen," to prescribe that the Kohen return six days later to check the house. If the Tzara'as has spread, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for another week. If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the house must be taken out of the city, and they remain Asur b'Hana'ah forever.
(d) On the other hand, if the Tzara'as did not change after the first week, the Kohen leaves it as is and returns again six days later. The verse states (Vayikra 14:44) "u'Va Ha'kohen," which means "if, when the Kohen comes back to the house to inspect it a second time, he finds that the spot of Tzara'as has spread, the house is Tamei." Chazal teach that this verse is referring to a spot of Tzara'as that does not spread during its first week. The Kohen "comes back to the house" after a second week to see whether the spot has spread, remains, or has disappeared. If the Tzara'as has either spread or remained, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for another week (Vayikra 14:40). If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45).
(e) Even though the words "v'Shav" and "u'Va" are not identical, they are referring to the same action; namely, the Kohen entering the house to inspect it. This relates the two verses to each other with a Gezerah Shavah. Just as the house is not dismantled if the Tzara'as spreads during the first week -- unless the stones are scraped and the Tzara'as returned to the house after a week of quarantine -- so, too, the house is not dismantled if the Tzara'as spread during the second week unless it returns to the house after the quarantine period that follows the scraping.
(f) If during one of the inspections at the end of the first or second week the Kohen finds that the Tzara'as has disappeared or diminished in intensity such that it can no longer be classified as a Nega, the location of the spot alone is scraped and the house is declared Tahor after the owner follows the procedure for being Metaher houses (see Background to Sukah 13:11:IV). (RAMBAM Hilchos Tum'as Tzara'as 15:2)
36a) [line 25] L'MA'ALAH OMER "KIR" "KIROS" - in the verse above (Vayikra 14:37), it says "wall," "walls." This refers to the verse, "v'Hineh ha'Nega b'Kiros ha'Bayis" - "and behold, the affliction is on the walls of the house." Since the verse could have said "wall" instead of "walls," the verse is emphasizing that the house must have at least two walls.
b) [line 26] L'MATAH OMER "KIR" "KIROS" - in the verse below (Vayikra 14:39), it says "wall," "walls." This refers to the verse, "v'Hineh Pasah ha'Nega b'Kiros ha'Bayis" - "and behold, the affliction has spread to the walls of the house." Since the verse could have said "wall" instead of "walls," the verse is emphasizing that the house must have at least two walls. Together with the earlier verse (v. 37), this teaches that the house must have four walls in order for the laws of Nig'ei Batim to apply.
37) [line 28] REBBI SHIMON BAR REBBI - Rebbi Shimon, the son of Rebbi.
38) [line 29] MUVLA - enveloped (lit. swallowed)
39) [line 29] PALYEI V'CHAZYEI - he ripped open [the sewn folds] and saw it (the date of the Get)
40) [line 30] HADAR CHAZA BEI REBBI B'VISHOS - Rebbi then gazed at him (his son, Rebbi Shimon) with anger
41) [line 31] (REBBI) YEHUDAH CHAITA KASVEI - (Rebbi) Yehudah Chaita wrote it (the RASHBAM says that this was his name; the BEN YEHOYADA, however, says that "Chaita" refers to his profession as a tailor. See also REBBI TZADOK HA'KOHEN (in Dover Tzedek, p. 168, cited here by YOSEF DA'AS), who explains that "Chaita" means tailor, or weaver, and it represents Yehudah Chaita's essence as one who wove words (such as the scroll of Tehilim that he wrote, or the Shtar Mekushar ("tied" or "woven" Shtar) that he wrote))
42) [line 32] KALECH MI'LASHON HA'RA HA'ZEH - go away from this Lashon ha'Ra (see below, entry #46). ("Kalech" is a contraction of "Kaleh" - "stop," and "Lech" - "go [away]" -- see RASHI to Chagigah 14a DH Kalech). According to the reading KELACH - "go, you," "Kelach" is a contraction of "Lecha" - "go," and "Lach" - "you" -- see RASHI to Shabbos 145b DH Kelach).)
43) [line 32] ZIMNIN - it happened one time
44) [line 33] KA PASIK SIDRA B'SEFER TEHILIM - he was reading (or he concluded reading) a section in a book of Tehilim
45) [line 34] KAMAH MEYUSHAR KESAV ZEH - how straight (and beautiful) is this script!
46) [line 37] MAI LASHON HA'RA IKA? (LASHON HA'RA) - what Lashon ha'Ra is there?
The Torah forbids Lashon ha'Ra, making derogatory statements about others, whether they are true or not (Vayikra 19:16, see Erchin 16a et seq., the commentaries to Erchin ibid. and Chofetz Chayim by Rav Yisroel Meir ha'Kohen mi'Radin).
47) [line 39] AL YESAPER - a person should not speak
48a) [line 39] B'TOVASO - about his good points
b) [line 40] RA'ASO - his bad points
49a) [line 42] HIRHUR AVEIRAH - thoughts of sin (such as thoughts of immoral acts)
b) [line 42] IYUN TEFILAH - (a) anticipation of having one's prayers answered; this refers to a person who prays and expects that his prayers will be answered because he prayed with concentration (RASHBAM); (b) [the lack of] concentration, Kavanah, in one's prayers (TOSFOS)
c) [last line] LASHON HA'RA - see above, entry #46
Index to Background for Maseches Bava Basra