[33a - 51 lines; 33b - 50 lines]
1)[line 3]"[àùø éáà àú øòäå áéòø...] åîöà [àú øòäå åîú äåà éðåñ...]""[VA'ASHER YAVO ES RE'EIHU VA'YA'AR...] U'MATZA [ES RE'EIHU VA'MES, HU YANUS...]"- "[And when a man goes into the wood with his neighbor to cut wood, and his hand fetches a stroke with the ax to cut down the tree, and the head slips from the handle,] and strikes (lit. finds) [his neighbor, so that he dies; he shall flee to one of those cities, and live.]" (Devarim 19:5)
2)[line 3]ìîîöéà àú òöîåL'MAMTZI ES ATZMO- [this excludes] one who presents himself
3)[line 5]äìäHALAH- him (the victim)
4)[line 14]áîúàB'MASA- in town (i.e. he is often available outside of his house)
5)[line 16]å÷øé àááà åàîø ìäå àéïV'KAREI A'BAVA V'AMAR LEHU IN- and he (the victim) called at the gate and he (the homeowner) answered, "Yes"
6)[line 17]òåì úà îùîòUL, TA MASHMA- it means "come in"
7)[line 18]÷åí àãåëúê îùîòKUM A'DUCHTACH MASHMA- it means "stay where you are" (lit. "stand in your place")
8)[line 25]îùìîéï áîåúø çöé ðæ÷MESHALMIN BA'MOSAR CHATZI NEZEK- [the owner of the ox that was damaged less] pays half of the value of the difference between the damages
9)[line 35]"... ëîùôè äæä éòùä ìå""... KA'MISHPAT HA'ZEH YE'ASEH LO."- "[Whether it has gored a son, or has gored a daughter,] according to this judgment shall it be done to him." (Shemos 21:31)
10)[line 39]ëúçúåï åìà ëòìéåïKA'TACHTON V'LO KA'ELYON - like the later (lit. lower) [subject] and not like the earlier (lit. above) [subject] (SHOR HA'MU'AD / SHOR TAM)
(a)An ox that gores up to two times is termed a Shor Tam. The owner pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring.
(b)The earlier verse (Shemos 21:28) deals with the case of a Shor Tam, for which the owner pays only half of the value of the damages, while the following verse (Shemos 21:29) deals with a Shor Mu'ad, for which the owner must pay full damages. Rebbi Akiva is saying that even though the owner of a Shor Tam normally pays only Chatzi Nezek, when the Shor damages a person he must pay Nezek Shalem.
11)[line 39]äòìééäHA'ALIYAH- the most valuable property (having to pay the entire value of the damages and not being limited to the value of the Shor ha'Mazik)
12)[line 45]éåùí äùåø/äåçìè äùåøYUSHAM HA'SHOR / HUCHLAT HA'SHOR
When a Shor Tam attacks another animal, Rebbi Yishmael rules that the Shor ha'Mazik is evaluated (Yusham ha'Shor) and the Mazik owes the Nizak half of the value of the damages. Rebbi Akiva rules that the Nizak becomes the de facto owner (Huchlat ha'Shor) of the Shor ha'Mazik if it is worth half of the value of the damages or less.
13)[line 47]åæåæé äåà ãîñé÷ ìéäZUZEI HU D'MASIK LEI- [it is a debt of] money (lit. coins) that he holds against him
33b----------------------------------------33b
14)[line 1]ìàå ëì ëîéðéäLAV KOL KEMINEI- he does not have such power
15)[line 2]çåæø åâåáäåCHOZER V'GOVEHU- he in turn collects [the animal from the buyer]
16)[line 4]ìøéãéàL'RIDYA- for plowing
17)[line 4]ùîò îéðä ìåä åîåëø [åîëø] îèìèìéï áéú ãéï âåáéï ìå îäí?SHEMA MINAH LAVAH (U'MOCHER) [U'MACHAR] METALTELIN, BEIS DIN GOVIN LO ME'HEM?- Do we learn from this that if a person takes a loan and sells his mobile goods that Beis Din has the power to allow the creditor to collect those goods from the buyer?
18)[line 5]àôåúé÷éAPOTIKI
(a)A person may designate one of his pieces of land or possessions as security for a loan that he received or a debt that he owes without placing it in the possession of the creditor. This creates a Shibud, or lien, on the object, such that if the debt is not otherwise repaid, the creditor can collect his debt from the security. Such a security is called an "Apotiki." The debtor may specify (if the creditor agrees) that the creditor may only collect his debt from the Apotiki. In such a case, if it becomes impossible to collect the debt from the Apotiki, the debtor is no longer liable to the creditor.
(b)Even though an Apotiki is usually a piece of land or an item about which the fact that it is an Apotiki becomes well known (such as a slave), in the case of the damages of a Shor Tam, the Torah asserts that the Nizak claims his damages from the body of the Shor, and it is therefore like an Apotiki in this respect.
19)[line 8]ãàéú ìéä ÷ìàD'IS LEI KOLA- (lit. since it has a voice) the information about the sale of the slave will become well known
20)[line 10]øá úçìéôà áø îòøáàRAV TACHLIFA BAR MA'ARAVA- Rav Tachlifa of the West, i.e. from Eretz Yisrael
21)[line 21]âæéøä ùîà éàîøå ä÷ãù éåöà áìà ôãéåïGEZEIRAH SHEMA YOMRU HEKDESH YOTZEI B'LO PIDYON- it is a decree lest one should say that an item of Hekdesh loses its sanctity without paying the proper redemption fee
22)[line 27]òã ùìà òîã áãéïAD SHE'LO AMAD B'DIN- up until its case comes to court
23)[line 32]÷ãîå áòìé çåáåú åäâáéäåKADMU BA'ALEI CHOVOS V'HIGBIHU- if creditors preempt the Nizak and make a Kinyan Hagba'ah on the animal
24)[line 33]çá òã ùìà äæé÷CHAV AD SHE'LO HIZIK- the debtor became obligated (i.e. he took the loan) before the animal did the damage
25)[line 40]"[... åîëøå àú äùåø ä]çé [åçöå àú ëñôå]""[... U'MACHRU ES HA'SHOR HA']CHAI [V'CHATZU ES KASPO...]"- "[And if one man's ox hurts another's, and it dies; then they shall sell the] live [ox, and divide its money; and the dead ox also they shall divide.]" (Shemos 21:35)
26)[line 42]ìôçú ùçéèäPECHAS SHECHITAH- the depreciation in value of the Shor due to the slaughtering
27)[line 42]äîæé÷ ùòáåãå ùì çáéøåMAZIK SHIBUDO SHEL CHAVEIRO (APOTIKI)
(a)See above, entry #18.
(b)When a person chooses an object as the second type of Apotiki (see above, entry #18; see TOSFOS to Gitin 41a DH b'Mazik), if someone damages the Apotiki or otherwise makes it impossible for the creditor to collect his debt from it (for example, if the Apotiki is a slave and he frees him), the Tana'im of our Mishnah argue as to whether he is liable for the damages or not. (Even those Tana'im who exempt payment in a case of Dina d'Garmi (see below, entry #29) may rule that one may be liable for Mazik Shibudo Shel Chaveiro, since the damage is even more direct than Dina d'Garmi - TOSFOS ibid.)
28)[line 44]æé÷à áòìîà äåà ãù÷ìé îéðêZIKA B'ALMA HU D'SHAKLI MINACH- it was a mere wind that I took from you (i.e. from your animal) (He tries to dismiss the damage he did when he slaughtered his friend's Shor.)
29)[line 45]äùåøó ùèøåúéå ùì çáéøåHA'SOREF SHETAROSAV SHEL CHAVEIRO (DINA D'GARMI)
(a)There are two manners of causing indirect damage. The less direct manner is known as "Gerama," for which even Rebbi Meir (Kesuvos 86a) does not hold a person liable. The more direct manner is known as "Garmi," for which Rebbi Meir holds a person liable. (The Rishonim argue as to the definition of "more direct.")
(b)Rebbi Meir holds a person liable for damaging another person or his possessions even in an indirect manner. For example, not rebuilding a fence that separates between the fields of two landowners may cause one person's vines to prohibit the grain of his neighbor as Kil'ayim (see Background to Yevamos 81:11). Rebbi Meir holds the person who did not rebuild his fence liable for causing the other field to become prohibited.
30)[line 46]ðééøà áòìîà ÷ìàé îéðêNEYARA B'ALMA KALA'I MINACH- I have only burned some of your papers
31a)[line 46]áåøåúBOROS- wells that are dug in the ground
b)[line 47]ùéçéïSHICHIN- elongated ditches
c)[line 47]åîòøåúME'AROS- caves (usually leading to a spring or water source)