BAVA BASRA 164 - A week of learning has been dedicated towards meriting a Refu'ah Sheleimah for Eliezer Lipa ben Yetta, by Mr. and Mrs. Kornfeld of Yerushalayim.

[164a - 28 lines; 164b - 43 lines]

1)[line 1]מוחק וחוזר ומוחקMOCHEK 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]דלמא שדי דיותא אמקום עדים מעיקרא, ומחיק ליהDILMA 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]הניירNEYAR- fresh paper (on which nothing was ever written or erased)

4)[line 10]דכתבי הכיD'CHASVEI HACHI- [the Shtar is valid] when they (the witnesses) write the following

5)[line 10]אנחנא סהדי חתמנא על מחקאANACHNA SAHADEI CHASAMNA AL MACHAKA- we, the witnesses, signed on an erased area

6)[line 12]דכתבי היכא?D'CHASVEI HEICHA?- Where do they write this?

7)[line 12]מלתחתMILE'TACHAS- beneath [their signatures]

8)[line 12]גייז ליהGAYIZ LEI- he will cut it off

9)[line 12]עילאיILAI- above [their signatures]

10)[line 21]לא ידיעLO 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]וליתי מגילתא אחריתיV'LEISEI MEGILASA ACHARISEI- and let them bring a different scroll (and erase writing from it)

12)[line 22]ולידמיV'LIDMEI- and compare it

13)[line 23]ולקבלהULE'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]בן יומוBEN YOMO- a day-old erasure

15)[line 26]ולישהייהVE'LISH'HAYEI- and let them leave it for some time (and then compare it with the erasure on the Shtar)

16)[line 26]חיישינן לבית דין טועיןCHAISHINAN 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]השיבHESHIV- he retorted

164b----------------------------------------164b

18)[line 1]זמנו של זהZEMANO 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]מָלַךְ שנה, מונין לו שנהMALACH 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]מלך שנה, מונין לו שתיםMALACH 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]וזימנין דיזיף מיניה זוזי במקושרZIMNIN D'YAZIF MINEI ZUZEI BI'MEKUSHAR- there will be times when one will borrow money from someone else with a Shtar Mekushar

22)[line 5]ומיתרמי ליה זוזי ביני ביני, ופרע ליהU'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]אירכס ליIRKAS LI- I lost it

24)[line 7]תבראTAVRA- a receipt (proving that the debt was already paid)

25)[line 8]השתא דיזפת מינאיHASHTA D'YAZAFT MINA'I- it is now that you borrowed money from me

26)[line 9]ומי בקי רבי במקושר?U'MI BAKI REBBI BI'MEKUSHAR?- and was Rebbi such an expert in the laws of a Shtar Mekushar?

27)[line 11]זוניןZUNIN- the name of a Chacham who lived in the times of Rebbi

28)[line 13]בתר דשמעה מזונין, סברהBASAR D'SHAM'AH MI'ZUNIN SAVRAH- after he heard it from Zunin, he held of it

29)[line 14]בשנת פלוני ארכןBI'SHENAS PELONI ARKAN- in the year of so-and-so, the monarch

30)[line 15]יבדק אימתי עמד ארכן בארכנותיהYIBADEK EIMASAI AMAD ARKAN B'ARCHENUSEI- it should be checked when the monarch rose to his power

31)[line 16]דאריך מלכותיהD'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]דיגוןDIGON- the second-year reign (literally "two" in Greek)

33a)[line 18]עבורי עברוהוAVUREI AVRUHU- they removed him [from the throne]

b)[line 19]והדר אוקמוהוV'HADAR UKMUHU- and then they reinstated him [as king]

34a)[line 21]הינאHINA- 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]דיגוןDIGON- two (in Greek) or "of two"

c)[line 21]טריגוןTRIGON- three (in Greek) or "of three"

d)[line 22]טטריגוןTATRIGON- four (in Greek) or "of four"

e)[line 22]פנטיגוןPANTIGON- five (in Greek) or "of five"

35)[line 23]בית עגול, דיגון, טריגון, פנטיגון אינו מטמא בנגעים; טטריגון מטמא בנגעיםBAYIS AGUL, DIGON, TRIGON, PANTIGON EINO 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 Kohen returns 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. 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 yet 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)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]למעלה אומר "קיר", "קירות"L'MA'ALAH OMER "KIR" "KIROS"- in the verse above (i.e. earlier in the section regarding Tzara'as of houses, Vayikra 14:37), it says "wall," "walls." This refers to the verse, "וְהִנֵּה הַנֶּגַע בְּקִירֹת הַבַּיִת" "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]למטה אומר "קיר", "קירות"L'MATAH OMER "KIR" "KIROS"- in the verse below (Vayikra 14:39), it says "wall," "walls." This refers to the verse, "וְהִנֵּה פָּשָׂה הַנֶּגַע בְּקִירֹת הַבָּיִת" "v'Hineh Pasah ha'Nega b'Kiros ha'Bayis" - "and behold, the affliction has spread 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. 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]רבי שמעון בר רביREBBI SHIMON BAR REBBI- Rebbi Shimon, the son of Rebbi.

38)[line 29]מובלעMUVLA- enveloped (lit. swallowed)

39)[line 29]פלייה וחזייהPALYEI V'CHAZYEI- he ripped open [the sewn folds] and saw it (the date of the Get)

40)[line 30]הדר חזא ביה רבי בבישותHADAR CHAZA BEI REBBI B'VISHOS- Rebbi then gazed at him (his son, Rebbi Shimon) with anger

41)[line 31](רבי) יהודה חייטא כתביה(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]כלך מלשון הרע הזה!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]זימניןZIMNIN- it happened one time

44)[line 33]וקא פסיק סידרא בספר תהליםKA PASIK SIDRA B'SEFER TEHILIM- he was reading (or he concluded reading) a section in a book of Tehilim

45)[line 34]כמה מיושר כתב זה!KAMAH MEYUSHAR KESAV ZEH- how straight (and beautiful) is this script!

46)[line 37]מאי לשון הרע איכא?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 Chafetz Chayim by Rav Yisrael Meir ha'Kohen mi'Radin).

47)[line 39]אל יספרAL YESAPER- a person should not speak

48a)[line 39]בטובתוB'TOVASO- about his good points

b)[line 40]רעתוRA'ASO- his bad points

49a)[line 42]הרהור עבירהHIRHUR AVEIRAH- thoughts of sin (such as thoughts of immoral acts)

b)[line 42]ועיון תפילהIYUN 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]ולשון הרעLASHON HA'RA- see above, entry #46

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