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BAVA BASRA 165
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BAVA BASRA 165 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

[165a - 28 lines; 165b - 47 lines]


1)
[line 1] AVAK LASHON HA'RA
(a) 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).
(b) Avak Lashon ha'Ra (lit. the dust of Lashon ha'Ra) is the term that the Chachamim use for statements that cannot be classified as Lashon ha'Ra per se, but are statements that hint at derogatory qualities or events. Some examples of Avak Lashon ha'Ra are:
1. "Who would have thought that so-and-so would amount to anything?!!"
2. "Do not say a word about so-and-so; I do not want to speak about what he did or what happened to him!"
3. To praise a person's good qualities in front of his enemies (or in an excessive amount even in front of people not known to be his enemies) is Avak Lashon ha'Ra. It invariably leads to Lashon ha'Ra on the part of the listeners, as a reaction to the Avak Lashon ha'Ra. (RAMBAM Hilchos De'os 7:4; Chofetz Chayim 9:1)

2)
[line 2] ROV B'GEZEL - most [people sin] with robbery (for example, through less-than-legal business dealings that prevent others from receiving their due profits)
3)
[line 2] HA'KOL B'LASHON HA'RA - all [people sin] with Lashon ha'Ra (see above, entry #1)
4)
[line 6] B'ASRA DI'NEHIGEI - in a place where the custom is...
5a)
[line 7] KEPEIDA - an intimation that the person cares that a certain thing should be exactly as he wants it
  b)
[line 12] MAR'EH MAKOM HU LO - (lit. it is merely giving him a reference) he is merely giving a suggestion as to how the other person may do something

6)
[line 15] IM HIT'AH L'SHEVACH; MEKUDESHES - if he misled her for her benefit, she becomes betrothed (KIDUSHIN)
See Background to Kidushin 2:1.

7)
[line 16] HISKABEL LI GITI - "Accept my Get for me" (SHALI'ACH L'KABALAH / SHALI'ACH L'HOLACHAH)
The Torah requires that a Get (bill of divorce) be given directly into the hands of the woman (Devarim 24:1). However, a husband who wants to divorce his wife does not need to give the Get to the woman himself; he may appoint a Shali'ach to bring the Get and hand it to her. When the man appoints a Shali'ach to bring the Get to his wife, this is called a "Shali'ach l'Holachah." A woman, too, may appoint a "Shali'ach l'Kabalah" to receive the Get from her husband on her behalf, or to receive the Get from her husband's Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah" to receive the Get from the man and to bring it to her (in which case, she is not divorced until the Shali'ach l'Hava'ah gives her the Get).

8)
[line 19] MAR'EH MAKOM HU LO - (lit. it is merely giving him a reference) she was just showing him (her Shali'ach l'Kabalah) the best place to receive the Get for her
9)
[line 22] HO'IL UV'ALMA KASHER - since in general, it (a group of two witnesses) is fit [to testify in all matters]
10)
[line 27] V'HA D'ABAYEI MAI? - and what about [the ruling of] Abaye [that one witness signed on a Shtar and one witness testifying is invalid]?
11)
[line 27] LO SEVIRA LI - I do not hold of it (his ruling)


165b----------------------------------------165b


12)
[line 3] AF HACHA NAMI PESULA D'ORAISA - similarly here, it (a group of two witnesses) is disqualified by the Torah
13)
[line 3] TEDA - You should know [that this is true...]
14)
[line 3] D'SHALCHU MI'TAM - the Chachamim sent [a teaching] from there (from Eretz Yisrael to Bavel) (see YA'AVETZ)
15)
[line 4] CHEVRAYA L'REBBI YIRMEYAH - the colleagues (students of the Yeshivah) to Rebbi Yirmeyah

16)
[line 5] ALIBA D'TANA KAMA D'REBBI YEHOSHUA BEN KORCHAH - according to the Tana Kama who argues with Rebbi Yehoshua ben Korchah (EDUS: TZIRUF EDUS - combining testimony)
(a) The Tana'im argue (Sanhedrin 30a) as to what factors are necessary to combine the testimony of two witnesses. Two aspects of testimony are addressed with this respect: whether they saw the event at the same time and whether they testified about it in Beis Din at the same time.
(b) The Tana Kama of the Beraisa (ibid.) rules that in order for the testimony of witnesses to combine, they must have seen the same event at the same time. Rebbi Yehoshua ben Korchah argues, ruling that Beis Din can combine the testimony of two sets of witnesses who saw the same event in separate sightings. For example, if two witnesses saw a creditor lend one Maneh to a debtor, but each witness did not see the other witness at the time of the loan, Tana Kama rules that their testimony does not combine; we do not have two witnesses for this loan. Rebbi Yehoshua ben Korchah rules that we combine their testimonies, since both witnesses saw this creditor lend this debtor one Maneh.
(c) Two other Tana'im agree with the Tana Kama of Rebbi Yehoshua ben Korchah (ibid. 30b) but argue with respect to when the witnesses must testify in order to be considered one set of witnesses. The first Tana rules that in order for the testimony of witnesses to combine, they must testify in Beis Din at the same time, i.e. within "Toch Kedei Dibur" (see Background to Bava Basra 129:17) of each other. Rebbi Nasan argues, ruling that Beis Din can combine the testimony of two witnesses who testified at different times about the same event.

17)
[line 12] ANI EINI KEDAI - I am not worthy
18)
[line 13] KACH DA'AS TALMIDCHEM NOTEH - this is the way that the opinion of your student (i.e. me) inclines
19)
[line 13] AMAR LEI "ANAN HACHI MASNINAN LAH" - he (Rav Ashi) said to him (Ameimar), "I learned [that the event that you describe actually happened] as follows, (and it had nothing to do with the case of "Ed Echad bi'Chesav v'Ed Echad b'Al Peh," and you therefore have no refutation from it for Abaye's ruling.)"
20)
[line 17] ALIBA D'TANA KAMA D'REBBI NASAN - see above, entry #16
21)
[line 26] ECHAD MI'KOL BEIS DIN - one [judge] from each Beis Din
22a)
[line 32] B'MOSAV TELASA HAVEINA - we were sitting three together (as a proper session of Beis Din)
    b)
[line 32] V'CHAD LEISOHI - and one of them is no longer [alive]
23)
[line 34] V'AL DA AILUHU L'REBBI YIRMEYAH B'VEI MIDRASHA - and it is because of this (that he answered properly, in either (or all) of the four cases mentioned previously) that they reinstated Rebbi Yirmeyah to the Beis ha'Midrash (the Gemara -- Bava Basra 23b -- describes the event that led to his ejection -- see TOSFOS there, DH v'Al)

24)
[line 35] ZUZIN ME'AH D'INUN SIL'IN ESREIN - one hundred Zuzim that are twenty Sela'im (CURRENCY)
(a) Equivalents of coins and amounts used in the Gemara:
1 Maneh = 25 Sela'im = 100 Dinerin [of Kesef, silver]
1 Dinar Zahav = 25 Dinerin
1 Sela = 4 Dinerin
1 Dinar = 6 Ma'in
1 Me'ah = 2 Pundeyonin
1 Pundeyon = 2 Isarin
1 Isar = 6-8 Perutos (based on Kidushin 12a)
(b) Another name for a Dinar of Kesef is a Zuz. All of the coins listed above are silver except for the Dinar Zahav, which is gold, and the Perutos, which are copper.
(c) At the time of the Gemara, a laborer's wage could amount to 4 Dinerin (Bava Metzia 76a). A loaf of bread cost 1 Pundeyon (Eruvin 82b) while a cheap loaf cost 1 Isar (ibid. 80b). 1 Isar could also buy a flask of oil (Bava Basra 87b). One Perutah could buy lamps and wicks, one Esrog or one pomegranate (Me'ilah 21a). One cloak or shirt could cost 3 Sela'im, while a good quality cloak could cost double that - 1 golden Dinar (ibid.). A dwelling could be rented for 1 Sela per month or 10 Sela'im per year (Bava Metzia 65a). The rent for a bathhouse (as a commercial undertaking) could amount to 1 golden Dinar per month (ibid. 102a). A pair of oxen (for plowing) could cost 200 Dinerin (Bava Basra 77b). A house or a field could cost 1,000 Dinarin (Bava Metzia 48a) (adapted from Aiding Talmud Study by Rabbi Aryeh Carmell, Feldheim, Yerushalayim, Fourth Edition (under previous title), 5740, p. 80).

25)
[line 36] EIN LO ELA ESRIN - he only has (i.e. using this Shtar, he can only claim) twenty [Sela'im, even though one hundred Zuzim equals twenty-five Sela'im, we interpret the Shtar to be referring to worn-out Zuzim, one hundred of which are only worth twenty Sela'im]
26)
[line 36] D'INUN TELASIN SIL'IN - that are thirty Sela'im
27)
[line 36] EIN LO ELA MANEH - he only has (i.e. using this Shtar, he can only claim) one Maneh [i.e. the one hundred Zuzim themselves, even though thirty Sela'im equal one hundred and twenty Zuzim, we interpret the Shtar to be referring to worn-out Sela'im, thirty of which are only worth one hundred Zuzim]
28a)
[line 36] KESAF ZUZIN D'INUN - Zuzim of silver that are... [in number]
    b)
[line 37] V'NIMCHAK - and the number of Zuzim was erased
29)
[line 38] DARKONOS - Darkemons, a golden Median coin mentioned in Ezra 2:69, which had the value of two Sela'im (RAMBAM Shekalim 1:3) or one and one half Sela'im (RAMBAN to Shemos 30:12). Its Greek name was a Daric (TIFERES YISRAEL), related to the Darics, a Persian gold (and silver) coin
30)
[line 39] HA'KOL HOLECH ACHAR HA'TACHTON - everything goes after the last [time each particular item is mentioned in the Shtar]
31)
[line 41] "KESEF," EIN PACHOS MI'DINAR KESEF - [if a loan of] "silver" [is mentioned in a Shtar, it refers to a loan of] not less than a Dinar of silver
32)
[line 42] "KESEF B'DINERIN," EIN PACHOS MIBE'SHENEI DINERIN DEHAV KESAF - [if a loan of] "silver in Dinerin" [is mentioned in a Shtar, it refers to a loan of] silver [that weighed] not less than two Dinerin of gold
33)
[line 43] NASCHA - a bar of metal (such as silver or gold)
34)
[line 44] MATBE'A - a coin. i.e. the loan document specified coins and could not be referring to a bar of metal
35)
[line 44] PERITEI - Ma'os (the smallest coin) [of silver] (TOSFOS RID, TOSFOS DH Eima)
36)
[line 44] B'ASRA D'LO SAGI PERITEI D'CHASPA - in a place where Ma'os of silver are not legal tender (rather, the smallest silver coin in use is the Dinar -- TOSFOS RID, TOSFOS DH Eima)

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