[114a - 52 lines; 113b - 55 lines]

1)[line 2] B'DINEI D'MEGISTA- (a) the judgments of a village court, where the judges extract money based upon the testimony of one witness (RASHI, 1st explanation); (b) according to the Girsa D'MEGIZTA - the judgments of armed bandits (RASHI, 2nd explanation)

2)[line 3] BEI DAVAR- the governor or the high court where they only obligate an oath based upon the testimony of one witness

3)[line 3] (CHAD A'MOMASA) [A'CHAD, MOMASA] SHADU LEI- according to [the testimony of] one [witness], they obligate an oath

4)[line 12] DINA D'VAR MEITZRA

When a person sells a field, the owners of the neighboring fields have the first rights to buy it.

5)[line 14] ARVA'IS LI ARYA A'MEITZRA'I- you have caused a lion to crouch at my border

6)[line 20]HA'GAYAS- marauding troops

7)[line 21] NECHIL SHEL DEVORIM- a swarm of bees

8)[line 25]SOCHO- his branch (which is probably hollow, into which the bees relocated)

9)[line 32] OVDEI KOCHAVIM, D'DAINEI B'GISEI, LO MEYA'ESH- idol worshippers, whose judges are (a) strongmen, or (b) unlearned, the owner does not give up hope of retrieving his animal or object, since (a) they will use force to get the guilty party to comply with their judgment, or (b) they will not require foolproof evidence to judge in favor of the original owner

10)[line 33] D'AMRI MEIMAR, MEYA'ESH- (a) where they only say [to the guilty party, "Go and pay him," and do not beat him into complying], the owner gives up hope of retrieving his animal or object; (b) where they say [to the original owner, "Bring foolproof evidence - how do we know that the facts are as you claim?" - the owner gives up hope of retrieving his animal or object

11)[line 36] MACHSHAVAH METAM'ASAN - the decision [of an artisan that the utensil he is fashioning needs no more work] renders it ready to receive Tum'ah (since it is considered completely finished)

(a)A utensil is considered ready to receive Tum'ah only after it is completely finished. If the artisan only decided that the utensil needs no more work, it is considered complete and may become Tamei. If the artisan decides to do more work on the utensil, it remains Tamei until an action is performed on the utensil that makes his intention clear.

(b)The action that must be performed to change the status of a utensil must be an action that renders the utensil unfit for its original purpose. For example, if a tanner decided to use a hide as a rug, it may become Tamei from that moment on. If he then changes his mind and decides to make shoes out of it, it remains in its current status until he begins to cut the hide for shoes.

12)[line 36]ABDAN- a tanner

13)[line 37]GAZLAN - a robber (vs. GANAV - a thief)

(a)If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel."

(b)Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a robber ("Gazlan"), who brazenly burglarizes and takes the possessions of others by force. Chazal explain that the Torah punishes a thief more stringently than a robber because of the disrespect he shows for the Creator. By taking care to avoid the eyes of man, while not being bothered in the least by the eye of the One Above that is constantly watching, he exhibits his lack of belief in HaSh-m (Bava Kama 79b).

14)[line 38] CHILUF HA'DEVARIM- the inverse ruling, as the Gemara records immediately

15a)[line 39]B'STAM- where we have not heard that the original owner has given up hope of ever retrieving his stolen animal or object

b)[line 40]B'YADU'A- where we have heard that the original owner has given up hope of ever retrieving his stolen animal or object

16)[line 43] '' '' ANAN, ''LEFI SHE'EIN YE'USH LA'BE'ALIM'' MASNINAN LAH- we learn that the Mishnah actually means, "... since the Ye'ush of an owner is not Halachically considered Ye'ush" (i.e. in their hearts they really have not given up hope of retrieving their stolen item (TOSFOS DH Lefi)

17)[line 43] '' ...''TENAN, ''NATLU MOCHESIN CHAMORO...''- according to the assumption of the Gemara at this point, the Moches of our Mishnah is considered to be a Gazlan and the Listim is considered to be a Ganav. The Gemara concludes (line 46, "Trei Gavnei Gazlan") that the Listim is a second type of Gazlan, an armed robber.

18)[line 47]ANAS- an extortionist (who snatches an article and forces the owner to accept money for it), also "Chamsan"

19)[line 47] HEKDESHAN HEKDESH- if any one of these people consecrate the stolen item, placing it into the possession of the treasury of the Beis ha'Mikdash, this new status takes effect


(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, the Rabanan set the requirement at one fiftieth of the total crop. 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.

(b)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.

(c)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.

(d)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.

(e)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 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.


21)[line 32] MESICHIN LEFI TUMAN- speaking in passing without intent to testify

22)[line 33] EDUS ISHAH - testimony to permit a widow to remarry

Although the Torah normally requires two male witnesses in order to confirm a fact through testimony, the Rabanan allowed a woman to remarry based on the testimony of even a single witness who testifies that her husband has died, even if the witness is a woman or a slave.

23)[line 37]CHALOS (CHALAH)

(a)With regard to the Mitzvah of Chalah, the verses state, "... b'Vo'achem El ha'Aretz... Reishis Arisoseichem Chalah Tarimu Serumah..." - "[Speak to the people of Yisrael, and say to them,] 'When you come into the land [where I bring you, when you eat of the bread of the land, you shall separate a Terumah (tribute) to HaSh-m.] You shall separate the first of your dough for a Terumah; [as you do with the Terumah separated from the grain of the threshing floor, so, too, shall you present this [to the Kohanim.]" (Bamidbar 15:18-20).

(b)Whenever a person kneads a large dough made from one of the five species of grain (wheat, barley, oats, rye, or spelt), he must separate a small portion to be given to the Kohen before eating from the dough. This portion is called Chalah. (The requirement to separate Chalah with a Berachah only applies to a dough made from the volume of 43.2 Beitzim of flour (about 10 1/2 cups or 2.48 liters). Approximately half of that amount requires Chalah to be separated without a Berachah.) A baker must separate 1/48 of his dough as Chalah, while a normal homeowner must separate 1/24. If a person did not separate Chalah from the dough before it was baked, it must be separated after it is baked before the baked product can be eaten. Before Chalah is separated, the dough is called "Tavul l'Chalah," and anyone who eats it b'Mezid (intentionally) is liable to the punishments of Malkos and Misah b'Ydei Shamayim (Makos 13a).

(c)Chalah has the Halachos of Terumah, and it must be eaten by Kohanim, their wives and children, while they are Tehorim. A non-Kohen who eats Chalah b'Mezid is liable to Malkos and Misah b'Ydei Shamayim (RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6).

(d)Since the verse says, "Reishis Arisoseichem Chalah Tarimu Serumah," this teaches that Chalah must be separated only from dough, but not from flour. If it was separated from flour, it does not have the status of Chalah.

24)[line 38]KARTIGENA- Carthage

25)[line 43] V'NOTEL DEMEI YEINO MI'TOCH DUVSHENO- and he takes (i.e. gets paid) for his wine from his [friend's] honey (i.e. the owner of the honey pays for the spilled wine - see Mishnah below, Daf 115a-b)

26)[line 46] LAV KOL HEMENU- he is not believed

27)[line 48]HIFGIN- protested, shouted

28)[line 49] ILA MATZA- he found an excuse [to disguise the sale (that he now regrets) as a robbery]

29)[line 49]MACHTERES- a tunnel

30)[line 50]SHE'LANU- who spent the night

31)[line 50]ANBORKERA'OS- bundles

32a)[line 51]ZUTREI- small [books or utensils]

b)[line 51]RAVREVEI- large [books or utensils]

33a)[line 52]ATIKEI- old [books or utensils]

b)[line 52]CHADETEI- new [books or utensils]

34)[line 53]BA B'MACHTERES - a thief who tunnels his way [into a house]

(a)A person is allowed to save himself from a "Rodef" (an assailant pursuing him with the intention of murdering him), even by killing the Rodef, if he cannot save himself in any other way. In this situation, the Torah teaches, "ha'Ba l'Horgecha, Hashkem v'Horgo" - "When someone tries to kill you, rise up and kill him first."

(b)A thief who clandestinely tunnels into a house with the intention of stealing the owner's property is suspected of intending to murder the owner should he try to stop the would-be thief. Therefore the Torah states that it is permitted to kill a thief who is found tunneling into one's house (Shemos 22:1).

(c)If it is clear that the thief, should he be discovered, has no intention of murdering the owner of the house, such as a father who is tunneling into the house of his son, it is prohibited to kill him (ibid. 22:2, see RASHI).

(d)Since the thief, while tunneling, may be killed, Rav rules that should he steal utensils, he cannot be obligated in court to pay for the theft. It is considered as if he is liable to the death penalty at the time of the theft and we apply to him the rule of "Kam Lei bid'Rabah Minei," absolving him of any monetary liability (see Background to Bava Kama 71:4).