BECHOROS 49 (2 Sivan) - This Daf has been dedicated in memory of Harry Bernard Zuckerman, Baruch Hersh ben Yitzchak (and Miryam Toba), by his children and sons-in-law.

[49a - 35 lines; 49b - 32 lines]

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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any OTHER important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.

[1] Rashi 49a DH she'Lo Nifdeh ד"ה שלא נפדה:

The words "Ad she'Yavi Re'ayah" עד שיביא ראיה are out of place. They should follow the words "she'Lo Nifdeh" שלא נפדה at the beginning of Rashi.

[2] Rashi 49b DH Rebbi Ami ד"ה רבי אמי:

should be corrected as suggested by Shitah Mekubetzes #6

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1)[line 2](אדרכתא) [אורכתא](ADRACHTA) [URCHESA]- a document that a creditor gives to his agent granting his agent the power to seize the possessions of a debtor for the creditor

2)[line 2]היכא דכפריהHEICHA D'KAFREI- where he has denied the debt

3)[line 15]ומעלה" גבי ערכין""VA'MAILAH" GABEI ERCHIN- the Torah states "and above" with regard to endowment valuations (see Background to Bechoros 41:21) — "v'Im mi'Ben Shishim Shanah va'Ma'alah Im Zachar..." — "For a person 60 years old and above, the endowment valuation shall be 15 Shekels for a man" (Vayikra 27:7).

49b----------------------------------------49b

4)[line 4]הלכתא כרב באיסורי וכשמואל בדיניHILCHESA K'RAV B'ISUREI UCH'SHMUEL B'DINEI- the Halachah follows the opinion of Rav in questions involving what is prohibited and what is permitted, and the opinion of Shmuel in monetary matters

5a)[line 22]משועבדותMESHUBADOS- mortgaged property, i.e. property bought from a person whose land has been mortgaged to a debt (see Background to Bechoros 48:2)

b)[line 23]בני חוריןBNEI CHORIN- property that is still in the hands of the debtor

6)[line 28]במנה צוריB'MANEH TZURI- [it is figured] according to the Maneh used in Tzor (Tyre, on the southern coast in Lebanon)

7)[line 28]שלשים של עבדSHELOSHIM SHEL EVED

(a)If a person's Shor ha'Mu'ad kills another person, the bull is put to death by stoning (see Background to Bechoros 41:8) and the owner of the bull is Chayav Misah b'Yedei Shamayim. The owner can redeem himself by paying "Kofer" to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho" (Shemos 21:30; see Background to Makos 2:22). If the bull intended to kill another animal, and instead killed a person, the bull is not put to death, and the Amora'im argue whether the owner must pay Kofer (Bava Kama 43b-44a).

(b)If one's Shor ha'Mu'ad kills another person's Nochri slave (Eved Kena'ani — see Background to Menachos 93:8), instead of paying Kofer, he owner of the bull must pay 30 Shekalim (Sela'im) to the slave's master. This payment does not vary with the value of the slave that was killed, and it is therefore deemed a "Kenas" (see Background to Bava Metzia 34:1). Accordingly, if the owner of the bull admits in court that his bull killed a slave (without having been found guilty through the testimony of witnesses), he is exempt from paying the 30 Shekalim, in accordance with the principle that one who admits to the obligation of a Kenas becomes exempt from payment.

8a)[line 28]חמשים של אונסCHAMISHIM SHEL ONES (ONES)

(a)If a man rapes a girl (between the ages of 12 and 12 1/2) he must pay her father a fine of fifty Shekalim, as stated in Devarim (22:28). This amount is the equivalent of a Kesuvah (dowry) of a virgin and is in addition to the payments of Pegam, Boshes and Tza'ar (Kesuvos 39a; see Background to Shevuos 33:10:1, 2, 5). The man must also marry the girl and never divorce her, if the girl wishes to be his wife.

(b)The age mentioned above follows the ruling of Rebbi Meir, who states that a man who rapes a Ketanah (a minor) does not pay Kenas. According to the Chachamim, Kenas must be paid if the girl is between the ages of 3 and 12 1/2 years (Kesuvos 29a).

b)[line 28]מפתהMEFATEH (MEFATEH)

If a man seduces a girl (between the ages of 12 and 12 1/2, according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim — Kesuvos 29a), and the girl or her father refuses to let him marry her, or if the man chooses not to marry her, he must give the father of the girl 50 Shekalim. This amount is the equivalent of a Kesuvah of a virgin and is in addition to the payments of Pegam and Boshes (see Background to Shevuos 33:10:1, 5; the seducer does not pay the payment of Tza'ar — Kesuvos 39b). If he chooses to marry her and they consent, the man is not obligated to pay anything to the girl or to her father at the time of the marriage. If he later divorces her, he must give her the Kesuvah of a virgin upon her divorce (Shemos 22:16).

c)[line 29]מאה של מוציא שם רעME'AH SHEL MOTZI SHEM RA (MOTZI SHEM RA)

If a man marries a Na'arah (12 year old girl who has attained physical maturity) who is a Besulah (a virgin who was never married in the past) and, after the Chupah is performed, he falsely accuses her of committing adultery and losing her virginity prior to the Chupah, he receives Malkus (lashes) for his slanderous speech (Devarim 22:18). He must also give her father 100 Shekalim and never divorce her against her will (ibid. 22:19). (See Background to Sanhedrin 73:3.)

9)[line 29]כולם בשקל הקדש במנה צוריKULAM B'SHEKEL HA'KODESH B'MANEH TZURI- they are all [figured] according to the sacred Shekel (twice the weight of the common Shekel), which is the equivalent of twenty Me'ah, taking the Maneh of Tzor as a standard

10)[line 31]דינרא ערבאDINRA ARVA- an Arabian Dinar

11)[line 31]איסתרא סרסיאISTERA SARSEYA- (a) a reduced coin, the equivalent of 5/8 of an ordinary Dinar. Rebbi Chanina (a Tana) asserts that the value of the Shekel is different than that stated in our Mishnah, which is a full Shekel (RASHI); (b) alt., an Istera Sarseya is the equivalent of 5/8 of a gold Syrian ("Sarseya") Dinar, or exactly the same value as the Dinar Tzuri mentioned in our Mishnah (TOSFOS)

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