[23a - 41 lines; 23b - 25 lines]
1)[line 1]אתו אומני ויתבי תותייהוASU UMNEI V'YASVEI TUSAIHU- blood-letters came and sat under them [in (a) their own domain (TOSFOS DH Asu); (b) the public domain (PISKEI RID)] (see Insights)
2)[line 1]עורביORVEI- ravens
3)[line 2]וסלקי (אבי) [ויתבי ב]תאליSALKEI (A'BEI) [V'YASVEI B']TA'ALEI- they would go up [and sit] in the date-palms
4)[line 2]ומפסדי תמריMAFSEDEI TAMREI- ruin the dates [by (a) eating them (simple understanding of Gemara, consistent with first explanation of TOSFOS DH l'Didi); (b) smearing them with blood (second explanation of TOSFOS DH l'Didi)]
5)[line 3]אפיקו לי קורקור מהכא!APIKU LI KORKOR ME'HACHA!- remove these ravens from here! i.e., move your base of operations elsewhere! The term "Korkor" is an example of onomatopoeia; it mimics the sound that a raven makes (similar to the English "caw caw").
6)[line 6]והא אחזיק [להו]!HA ACHZIK [LEHU]!- they have established [their] right [to be under the palm trees (a) by sitting there for three years, and they may therefore be presumed to have gained permission to remain there (RIVAM cited by TOSFOS DH v'Ha); (b) since they have sat there before and they claim that they had either received permission or that they had purchased the right to be there (TOSFOS DH v'Ha)]
7)[line 7]אין חזקה לנזקיןEIN CHAZAKAH L'NEZIKIN- one cannot establish a right to that which damages another (a) even if he has witnesses that he has received permission or purchased the right to be there; RABEINU TAM cited by TOSFOS DH Ein); (b) unless he has witnesses that he has received permission or purchased the right to be there; TOSFOS DH Ein)
8)[line 7]ולאו איתמר עלה...?LAV ITMAR ALAH...?- have we not learned regarding this...?
9a)[line 8]בקוטראB'KUTRA- [that which one cannot establish a right to that which damages another was taught] with regard to smoke [from a furnace, which is overt and obvious]
b)[line 9]בבית הכסאB'VEIS HA'KISEI- [that which one cannot establish a right to that which damages another was taught] with regard to an open area designated for human waste [which is offensive to one's sense of (a) sight (RASHI); (b) smell (TOSFOS DH b'Kutra, RABEINU GERSHOM)
10)[line 9]הניHANEI- these [birds that (a) bring blood (TOSFOS l'Didi); (b) make loud cawing sounds (BI'UR HA'GRA to CM 155:116)]
11)[line 9]דאנינא דעתאיANINA DA'ATAI- I am especially sensitive (see Pesachim 113b, cited by TOSFOS DH l'Didi)
12a)[line 11]מן העירMIN HA'IR- from the city [where people have (a) vegetable/herb gardens (RASHI); (b) grain kernels drying upon their roofs (TOSFOS DH Marchikin)]
b)[line 12]בתוך שלוB'SOCH SHE'LO- within his own [fields, where he is bordered by the grain fields of others]
13)[line 12]חמשים אמהCHAMISHIM AMAH - fifty Amos (MEASURES OF LENGTH AND DISTANCE)
(a)The Talmud uses the following standards for measuring distance:
1.3 Parsa'os = 24,000 Amos = 90 Ris = 12 Mil
2.1 Parsah = 8,000 Amos = 30 Ris = 4 Mil
3.1 Mil = 2,000 Amos = 7.5 Ris
4.1 Ris (or Rus) = 266.66 Amos
5.1 Amah = 2 Zerasos = 6 Tefachim
6.1 Zeres = 3 Tefachim
7.1 Tefach = 4 Etzba'os
(b)An Amah is the distance between the elbow and tip of the middle finger of the average man. A Zeres is measured from the thumb to the pinky of an average outstretched hand. An Etzba is the width of an average thumb at its central joint.
(c)An Amah is equal to approximately 45.6 cm (17.9 in), 48 cm (18.9 in), or 57.6 cm (22.68 in), depending upon the differing Halachic opinions. Fifty Amos is therefore approximately 22.8 meters, (74'10"), 24 meters (78'9"), or 28.8 meters (94'6").
14a)[line 14]בית ארבעת כוריןBEIS ARBA'AS KORIN - a plot of land in which four Kor of grain can be sown (MEASUREMENTS OF PLOTS OF LAND)
(a)The following is a list of measures of volume used in the Mishnah and Gemara:
1.1 Kor (= 1 Chomer) = 30 Se'in
2.1 Lesech = 15 Se'in
3.1 Eifah = 3 Se'in
4.1 Se'ah = 6 Kabin
5.1 Tarkav (= Trei v'Kav, or 3 Kabin) = 12 Lugin
6.1 Kav = 4 Lugin
7.1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim
8.1 Beitzah = 2 or 3 k'Zeisim, according to the varying opinions
(b)A Beis Arba'as Korin is a parcel of land in which four Kor of grain is normally planted. This is equal to 300,000 square Amos, which is approximately 62,382 square meters (roughly 15 acres), 69,120 square meters (roughly 17 acres), or 99,532 square meters (roughly 24.5 acres), depending upon the differing Halachic opinions.
b)[line 14]מלא שגר היונהMELO SHEGER HA'YONAH- [which is equal to] the distance covered by a dove in one flight
15)[line 15]ואם לקחוIM LEKACHO- if he purchased [land with a dovecote upon it]
16)[line 15]בית רובעBEIS ROVA- a parcel of land in which a quarter of a Kav (a measure of volume; see above, entry #14a) of grain may be planted. This is equal to 104.16 square Amos, which is approximately 21.63 square meters (231.5 sq. ft), 24 square meters (258 sq. ft), or 34.5 square meters (371.64 sq. ft), depending upon the differing Halachic opinions.
17)[line 16]הרי הוא בחזקתוHAREI HU B'CHEZKASO- it remains with its right [to keep the dovecote there, since we assume that the previous owner had either received permission or purchased the right to place it there]
18)[line 17]אין פורסין נשבין ליוניםEIN PORSIN NISHBIN L'YONIM- one may not set traps for doves
19)[line 18]הישובYISHUV- [an area of] settlement
20)[line 18]שלשים ריסSHELOSHIM RIS- thirty Ris (a measurement of length; see above, entry #10). Thirty Ris are equal to approximately 3,648 meters (2.27 miles), 3,840 meters (2.37 miles), or 4,608 meters (2.86 miles), depending upon the differing Halachic opinions
21a)[line 19]מישט שייטי טובאMEISHAT SHAITEI TUVA- they fly quite far
b)[line 19]וכרסייהו בחמשים אמתא מליאV'CHERESAIHU B'CHAMISHIM AMAH MALYA- but their stomachs are filled [with what they find to eat] within [the first] fifty Amos
22)[line 21]ובישובB'YISHUV- This quote is from the continuation of the Beraisa cited above. At this point, the Gemara takes it to refer to a stretch of grain fields (TOSFOS DH veha'Tanya).
23)[line 21]מאה מילME'AH MIL- one hundred Mil (a measurement of length; see above, entry #13) (this may very well be an expression of a very great distance, and is not limiting the prohibition of setting traps to only one hundred Mil; see TOSFOS DH veha'Tanya)
24a)[line 22]בישוב כרמיםB'YISHUV KERAMIM- [the term "Yishuv" above] refers to a stretch of vineyards [that draw the pigeons along in one direction, since they can rest in each one along the way]
b)[line 23]בישוב שובכיןB'YISHUV SHOVCHIN- [the term "Yishuv" above] refers to a stretch of dovecotes [that draw the pigeons along in one direction, since they can rest in each one along the way]
25)[line 23]ותיפוק ליה משום שובכין גופייהו!TEIPOK LEI MISHUM SHOVCHIM GUFAIHU!- why is it then not (lit. and bring it out from) [forbidden to set traps] due to the [pigeons in the] dovecotes themselves [that are even closer]?
26a)[line 24]דידיהDIDEI- [the closer dovecotes] belong to him
b)[line 25]דכנעניD'CHENA'ANI- [the closer dovecotes] belong to Nochrim [on whose behalf the Rabanan did not decree that one must refrain from setting traps in the vicinity of their pigeons]
c)[line 26]דהפקרD'HEFKER- [the closer dovecotes] are ownerless
27)[line 27]זאת אומרתZOS OMERES- this [that one who purchases a small field with a dovecote need not move it] teaches
28)[line 28]טוענין ללוקח וטוענין ליורשTO'ANIN L'LOKE'ACH V'TO'ANIN L'YORESH - Beis Din Makes Claims on Behalf of a Purchaser or an Heir
(a)One who has acted as owner of a home or parcel of land for three years, when the previous owner was aware of his actions, need not provide a document as proof of his purchase. If the previous owner claims that the current occupant never purchased the property, the latter may respond that he was not careful to guard his documented proof after such an interval. This is called a Chezkas Shalosh Shanim. If the original owner voiced a Macha'ah (protest) at any point during the three-year period, then the Chazakah is invalid, and the squatter must provide proof that he indeed purchased (or has another legal claim to) the land.
(b)A Chezkas Shalosh Shanim is effective only if one claims to have purchased (or otherwise holds claim to) the land in question. The three-year period itself does not serve as proof that he owns the land. This is true, however, only for one who claims to have acted on his own behalf. If one can provide proof that he had purchased the land from one who lived upon it for three years, or that he received it as an inheritance and that his father had lived upon it for three years, then Beis Din will claim on his behalf that the seller or father had purchased or otherwise acquired the land before passing it on to its current owner.
29a)[line 31]זיזיןZIZIN- thin roof beams [that extend from a house into the public domain]
b)[line 31]וגזוזטראותGEZUZTERA'OS- thick roof beams [that extend from a house into the public domain]
30)[line 33](ד)אימור כונס לתוך שלו (הוא) [הוה](D')EIMOR KONES L'SOCH SHE'LO (HU) [HAVAH]- I might have [thought to] say that he had originally built them in (lit. gathered them into) his own domain [and the public domain had gradually encroached upon his domain, and he as a single individual was powerless to stop it]
31)[line 34]אחולי (אחול) [אחלי] בני רשות הרבים גביהACHULEI (ACHIL) [ACHLEI] BNEI RESHUS HA'RABIM GABEI- the inhabitants of the public domain [as represented by a seven-member council, in front of a contingent of the rest of the residents of the city (see Megilah 26a, cited by TOSFOS DH Achulei)] gave him permission [since the projecting beams inconvenience individual passersby only slightly]
32)[line 36]פיוסיה פייסיה [בממוניה]PEYUSEI PAISEI [B'MAMONEI]- he purchased the right [with money]
33)[line 37]מאן פייס, ומאן שביק?MAN PIYES, U'MAN SHAVIK?- who is there to pay, and who is there to grant permission?
23b----------------------------------------23b
34)[line 1]ניפולNIPOL- a fallen [squab (young pigeon)]
35)[line 1]בתוך חמשים אמהB'SOCH CHAMISHIN AMAH- within fifty Amos [of a dovecote]
36)[line 3]הרי הוא של מוצאוHAREI HU SHEL MOTZ'O- it belongs to he who finds it [since we may assume that it came from an unidentifiable passerby, who, as part of the rest of the world, represents a majority over the nearby dovecote (Ruba d'Alma; see below, entry #42 - TOSFOS DH Chutz)]
37)[line 3]בין שני שובכותBEIN SHNEI SHOVCHOS- between two dovecotes [and within fifty Amos of both of them]
38)[line 6]רוב וקרוב, הולכין אחר הרובROV V'KAROV, HOLCHIN ACHAR HA'ROV - When the Majority of Items have One Status and those in Close Proximity have Another, Follow the Majority
(a)When in doubt as to the nature of an object, one may assume that it carries the same Halachic status of the majority of such items. This is known as "Halech Achar ha'Rov" - follow the majority. For instance, if a piece of meat is found lying on the street (or in the hands of a non-Jew in the street), and most of the meat in that town is kosher, one may safely assume that the meat is kosher. The source for Halech Achar ha'Rov is that which the Torah instructs Beis Din to follow the ruling of the majority of the judges (Shemos 23:2, Chulin 11a).
(b)Another acceptable manner of determining the Halachic status of an item in doubt is to assume that it originated with those like items that are closest to it. This is known as "Halech Achar ha'Karov" - follow that which is in close proximity. An example of this involves birds on Yom Tov, which may not be eaten unless they were designated for such before the onset of Yom Tov. If one is uncertain as to whether or not a certain bird was designated to be eaten, then he may assume that it was, as long as the majority of the birds nearby were so designated. The source for Halech Achar ha'Karov is the Parshah of Eglah Arufah (see next entry). The Torah clearly considers the murderer of a discovered corpse to have originated from the city closest to the dead body, as it is that city which must procure the Eglah Arufah.
(c)When the conclusions reached by these differing manners of determination clash, Rebbi Chanina rules that the precept of Halech Achar ha'Rov overrides that of Halech Achar ha'Karov.
39)[line 8]"וְהָיָה הָעִיר הַקְּרֹבָה אֶל הֶחָלָל, [וְלָקְחוּ זִקְנֵי הָעִיר הַהִוא עֶגְלַת בָּקָר...]""V'HAYAH HA'IR HA'KEROVAH EL HE'CHALAL, [V'LAKCHU ZIKNEI HA'IR HA'HI EGLAS BAKAR...]" - "The city [that is found to be] closest to the corpse, [the elders of that city should take a female calf...]" (Devarim 21:3) (EGLAH ARUFAH)
(a)If a Jew is found murdered in a field (in Eretz Yisrael) and it is not known who the murderer is, the Torah requires that an Eglah Arufah be brought in order to atone for the blood that was spilled (Devarim 21:1). The procedure is as follows:
(b)First, five elders from the Beis Din of the Lishkas ha'Gazis (the Supreme Court which sat in the Beis ha'Mikdash) measure the distances between the body and the cities nearest to it in order to determine which of them is the closest.
(c)The elders of that city then bring a female calf that has never performed any work to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with infertile soil - RASHI). They strike the back of its neck with a cleaver (Arifah), sundering its spinal column, gullet, and windpipe. No benefit may be derived from the dead calf.
(d)The elders then wash their hands there and state, "Our hands did not spill this blood, nor did our eyes see [the murder]" (Devarim 21:7). This proclamation carries with it the assertion that the dead man had not been sent from their city without provisions for his journey or proper accompaniment. The Kohanim present then beseech HaSh-m to forgive His nation. Following the procedure of the Eglah Arufah, HaSh-m indeed forgives his nation for the innocent blood that had been spilled (RAMBAM Hilchos Rotze'ach 9:3).
40)[line 9]ואע"ג דאיכא אחריתי דנפישא מינהV'AF AL GAV D'IKA ACHARITI D'NEFISHA MINAH- and [presumably the Torah instructs the closest city to perform the Mitzvah of Eglah Arufah] even though there is another [city] that is more populous [in the general area, albeit located farther from the corpse]
41)[line 10]בדליכאBED'LEIKA- (the Gemara answers) [the case is one] in which there is no [larger city, even farther away; rather, all of the cities have equal populations]
42)[line 10]וליזיל בתר רובא דעלמא?V'LEIZIL BASAR RUBA D'ALMA?- and why not follow the majority of the inhabitants of the world [who number more than the population of this single city, and assume that a passerby killed him]?
43)[line 11]ביושבת בין ההריםB'YOSHEVES BEIN HE'HARIM- (the Gemara answers) [the case is one] in which [the closest city] sits between the mountains [and therefore lies on a path that leads to nowhere but the city; as such, there are no passersby]
44)[line 17]במדדהMEDADEH- [an unfledged bird that can only] hop about
45)[line 20]על דא אפקוהו לרבי ירמיה מבי מדרשאAL DA AFKUHU L'REBBI YIRMEYAH MI'BEI MIDRASHA- because of this they threw Rebbi Yirmeyah out of the study hall [since he questioned that which the Chachamim had established by suggesting that an unfledged pigeon is capable of placing one foot outside of a fifty-Amah radius from its nest (TSOFOS DH v'Al; see also 165b for the continuation of this episode]
46)[line 24]וליזיל בתר רובא דעלמא?V'LEIZIL BASAR RUBA D'ALMA?- and [in a case in which the squab was outside of a fifty-Amah radius of both dovecotes] why not follow the majority of the inhabitants of the world [and assume that it fell from a passerby]?