BAVA KAMA 28-29 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the ninth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[28a - 54 lines; 28b - 41 lines]

1)[line 1]עמךIMCHA- (lit. with you) (a) "Do you really think that this a proper answer?" (b) "This improper answer should remain with you."

2)[line 1]יחידאה הואYECHIDA'AH HU- a lone opinion

3a)[line 12]משבר ויוצאMESHABER V'YOTZEI- break his way out, and need not worry about the damage

b)[line 13]משבר ויוצא לבית דיןMESHABER V'YOTZEI L'VEIS DIN- he may not take the law into his own hands; he must rather "break" his way to Beis Din

4)[line 15]לנרצעL'NIRTZA (EVED IVRI - a Jewish slave)

(a)There are two ways that a Jewish man can be bought as a slave by another Jew. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. During his term as a slave, his master must support his family (Kidushin 22b). The master may not make his Eved Ivri do disgraceful work for him, nor may he treat him as one normally treats a slave. For example, if the master only has one pillow, he must give it to his Eved Ivri rather than keep it for himself (Kidushin 20a).

(b)If the slave was married before he was sold, the master has the right to give him a Nochri maidservant to bear him children who will become the slaves of the master (Shemos 21:4). (One who is not an Eved Ivri is forbidden to have relations with a maidservant.)

(c)An Eved Ivri is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year (see next entry), whichever comes first (Kidushin 14b, 16a). At any time during his term, he may go free if he or someone else pays his master the money remaining from the sum that the master paid for him, prorated to the amount of time that he worked. If at the termination of six years he expresses his desire to continue life as a slave, the master takes the slave to Beis Din, and stands the slave near a doorpost and pierces his right ear and the door with an awl. This is known as Retzi'ah, and an Eved Ivri upon whom this is performed is called a "Nirtza." A Nirtza slave must continue to serve his master until the Yovel year (ibid. 21:6) or until his master dies. Whenever an Eved Ivri goes free, under most circumstances his master must give him monetary gifts valued at 15, 30 or 50 Sela'im, according to the various opinions (Kidushin 17a). This is known as Ha'anakah (Devarim 15:14).

5)[line 15]שכלו לו ימיוSHE'KALU LO YAMAV - (lit. whose days finished) whose term of servitude ended [when the Yovel year arrived] (YOVEL)

(a)The year after seven Shemitah cycles of seven years each is called the Yovel year. There is an argument among the Tana'im as to whether the 50th year is not counted as one of the years of Shemitah, or whether it is part of the count and is itself both the Yovel and the first year of the next Shemitah cycle.

(b)The Halachos of the Shemitah year apply in the Yovel year with regard to not working the land and maintaining the sanctity of the fruits that grow (see Background to Nedarim 57:3). In addition, at the start of the Yovel year, all Jewish slaves (Eved Ivri, see previous entry) are set free and all properties that were sold since the previous Yovel year are returned to their original owners (see Background to Kidushin 17:17). On Yom ha'Kipurim of the Yovel Year, Beis Din blows a Shofar to denote that the time has come to set free all of the slaves, as the Torah states in Vayikra 25:9.

(c)There is an argument among the Tana'im as to what is considered the beginning of the Yovel year. According to the Chachamim, Yovel starts with the Shofar blast of Yom ha'Kipurim. According to Rebbi Yochanan ben Berokah, it begins at Rosh Hashanah, and the Shofar blast only denotes the completion of the process of freeing the slaves (Rosh Hashanah 8b).

6)[line 15]מסרהבMESARHEV- coercing

7)[line 16]וחבלV'CHAVAL- and he bruised him

8)[line 16]חבורהCHABURAH- a wound

9)[line 17]"ולא תקחו כפר [לנוס אל עיר מקלטו] לשוב [לשבת בארץ עד מות הכהן]""V'LO SIKCHU CHOFER [LANUS EL IR MIKLATO] LASHUV [LASHEVES BA'ARETZ AD MOS HA'KOHEN.]"- "And you shall take no ransom [for him who has fled to his city of refuge,] that he should come back [to live in the land, until the death of the Kohen [Gadol].]" (Bamidbar 35:32)

10)[line 22]בעבד שמסר לו רבו שפחה כנעניתB'EVED SHE'MASAR LO RABO SHIFCHAH KENA'ANIS- it is referring to an Eved whose master gave him a Shifchah Kena'anis to marry. See above, entry #4:b.

11)[line 31]"וקצתה את כפה""V'KATZOSAH ES KAPAH"- (lit. "Then you shall cut off her hand") This means, "Then you shall charge her money [for the embarrassment that she caused]" (Devarim 25:12).

12)[line 44]לנקוט פזרא וליתיבLINKOT PAZRA V'LEISIV- let him take a stick and sit at the entry to the path and make sure nobody walks through

13)[line 45]דרך עקלתוןDERECH AKALASON- a crooked path

14)[line 49]מיצרMEITZAR- (lit. a border) a pathway

15)[line 50]פאהPE'AH

The corner, or end, of the harvest must be left in the field for the poor, as it states "Lo Sechaleh Pe'as Sadecha Liktzor... le'Ani vela'Ger Ta'azov Osam" - "Do not completely harvest the corner of your field... you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger" (Vayikra 19:9-10).

16)[line 51]לפוטרן מן המעשרL'FOTRAN MIN HA'MA'ASER- to exempt them from Ma'aser. Items of Hefker are exempt from Ma'aser, as taught by the verse, "u'Va ha'Levi" (Devarim 14:29)

17)[line 52]ובצרוBATZRO- harvested it

18)[line 52]בפרטPERET

(a)Individual (one or two) grapes that fall during the harvest may not be gathered by the owner of the vine but must be left for the poor, as stated in Vayikra (19:10), "... u'Feret Karmecha Lo Selaket, le'Ani vela'Ger Ta'azov Osam" - "... nor shall you gather the fallen grapes of your vineyard; you shall leave them (the gifts of Pe'ah, Leket, Olelos, and Peret) for the poor and the stranger."

(b)Since the verse uses the word "Karmecha" - "your vineyard," only the owner of a vineyard leaves Peret for the poor. Beis Hillel rules that Kerem Rava'i produce is Mamon Gavo'ah. As such, the owner is not required to leave Peret from his vineyard.

19)[line 52]ובעוללותOLELOS

(a)Olelos are incompletely-formed grape clusters, in which no grapes hang from the tip of the central stem, and the grapes on the side-stems that part from the central stem do not lie on one another. These clusters must be left behind on the vine for the poor, as stated in Vayikra (19:10), "v'Charmecha Lo Se'olel... le'Ani vela'Ger Ta'azov Osam" - "And you shall not glean your vineyard... you shall leave them (the gifts of Pe'ah, Leket, Olelos, and Peret) for the poor and the stranger."

(b)Since the verse uses the word "Karmecha" - "your vineyard," only the owner of a vineyard leaves Olelos for the poor. Beis Hillel rules that Kerem Rava'i produce is Mamon Gavo'ah. As such, the owner is not required to leave Olelos from his vineyard.

20)[line 52]ובשכחהSHIKCHAH

If one or two bundles of grain were forgotten in the field when the other bundles were collected, they must be left for the poor, as described in Devarim (24:19). Also, one may not backtrack to harvest a row previously overlooked.

21)[line 53]המעשרMA'ASER

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given (a single grain exempts the entire batch), the Rabanan set the requirement at one fiftieth of the total crop.

(b)After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon" and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(c)The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.

(d)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(e)The tithe that is separated during the first, second, fourth, and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.

(f)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional Chomesh, i.e. a fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

22)[line 53]והוחלקV'HUCHLAK- slipped

23)[line 53]שלקה בחרסיתSHE'LAKAH V'CHARSIS- was injured by the shards

24)[last line]שטינפו כליו במיםTINFU CHEILAV BA'MAYIM- his articles [of clothing] were soiled by the spilled water


25)[line 3]אבנו וסכינו ומשאו מבורו למדנוAVNO V'SAKINO U'MASA'O MI'BORO LAMADNU- when one leaves an obstacle - such as his stone, his knife, or his bundle - in the Reshus ha'Rabim and the obstacle causes damage, the liability is a derivative of Bor and therefore has the Halachos of Bor

26)[line 3]וכולן אני קורא בהן 'שור' ולא אדם 'חמור' ולא כליםV'CHULAN ANI KOREI VAHEN 'SHOR' V'LO ADAM 'CHAMOR' V'LO CHELIM- regarding all of them I apply [the words of the verse (see next entry)] "an ox" and not a man, "a donkey" and not vessels. Since one's object that was left as an obstacle in Reshus ha'Rabim has the status of a Bor, one is exempt from monetary liability death that it causes to a man and damage that it causes to vessels.

27)[line 8]"ונפל שמה שור או חמור""V'NAFAL SHAMAH SHOR O CHAMOR"- "[And if a man shall open a pit, or if a man shall dig a pit, and not cover it,] and an ox or a donkey falls in it." (Shemos 21:33)

28)[line 16]אם הטיח צלוחיתו באבןIM HITI'ACH TZELOCHISO B'EVEN- if his glass vessel banged into the rock [and broke]

29)[line 27]ונשוףNISHOF- it broke against the rock

30)[line 28]דלא כרבי נתןD'LO K'REBBI NASAN- this is not according to the opinion of Rebbi Nasan. Rebbi Nasan holds that when a damage is caused by two Mazikim, such as a Shor that pushes an animal into a Bor, both Mazikim have total liability and if one cannot (or need not) pay, the other has total liability.

31)[line 36]נפשרהNIFSHERAH- the pitcher collapsed on its own

32)[line 36]אפילו אזנה בידוAFILU OZNAH B'YADO- even if he remains holding the handle

33)[line 37]ואונס רחמנא פטריהV'ONES RACHMANA PATREI- the Torah did not make a person liable for Ones, for an act beyond his control