BAVA METZIA 38-40 (10 Sivan) - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

[38a - 57 lines; 38b - 49 lines]

1)[line 2]ולא זו אף זו קתניLO ZO AF ZO KATANI- not only this (the more obvious case) but even this (the less obvious case, which involves the loss of breaking the bigger utensil - RASHI) is taught

2)[line 4]אפילו הן אבודיןAFILU HEN AVUDIN- even if they are being consumed by mice and/or decay

3)[line 4]לא יגע בהןLO YIGA BAHEN- he should not touch them, i.e. sell them

4)[line 7]אדם רוצה בקב שלו מתשעה קבים של חבירוADAM ROTZEH B'KAV SHELO MI'TISH'AH KABIM SHEL CHAVEIRO- a person would rather have his own Kav measure (a small amount - see Background to Bava Kama 91:42 for a list of measurements of volume) [of anything] than someone else's nine Kav measures [of the same item]


(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 all Terumos and Ma'asros have been removed, until then it is called 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 and used there to purchase food. 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.

(f)Our Sugya deals with the possibility that an owner might prepare his Tevel in one location for consumption by declaring the requisite Terumos and Maasros to take effect in a different location, i.e. in the house of the Shomer.

6)[line 19]בכדי חסרונןBI'CHDEI CHESRONAN- their usual amount of natural loss (as described in the Mishnah in Bava Metzia 40a)

7)[line 24]גוזמא בעלמאGUZMA B'ALMA- an mere overstatement, a figure of speech that need not be taken literally

8)[line 31]לכהנים בדמי תרומה מזבנינן להוL'CHOHANIM BI'DEMEI TERUMAH MEZAVNINAN LEHU- it may only be sold to the Kohanim for the [inexpensive] price of Terumah

9)[line 35]לקמיה הוא דהויא יתר מכדי חסרונןL'KAMEI HU D'HAVYA YASER MI'CHEDEI CHESRONAN- it is only after a long time that their loss exceeds the usual amount of natural loss

10)[line 37]מקמיה דהוו להו יותר מכדי חסרונן עביד להוMEKAMEI D'HAVU LEHU YOSER MI'CHEDEI CHESRONAN AVID LEHU- he would make them Terumah on other produce before their loss exceeds the usual amount of natural loss

11)[line 42]לאלתרL'ALTAR- right away

12)[line 46]והרקיבוHIRKIVU- they rotted

13)[line 47]והחמיץHECHMITZ- and it turned sour; turned into vinegar

14)[line 47]והבאישHIV'ISH- spoiled; became rancid

15)[line 47]והדבישHIDVISH- (O.F. esmeler - to become sour) and it soured; it spoiled

16)[line 51]גבאי צדקהGABA'EI TZEDAKAH- collectors or treasurers of charity funds

17)[line 52]פורטיןPORTIN- they exchange the copper coins for silver coins

18)[line 53]גבאי תמחויGABA'EI TAMCHUY- collectors for the charity-plate distributed daily ("Tamchuy" is a serving tray, plate or bowl), that contained food collected from contributors; soup-kitchen

19)[last line]כיון דקם, קםKEIVAN D'KAM, KAM- once these have changed into vinegar, rancid oil or rancid honey, they do not spoil beyond this point


20)[line 1]לגלדאיGILDA'EI- harness-makers or dealers in leather; tanners

21)[line 1]לכתישא דגמליKESISHA D'GAMLEI- (O.F. redoissedure) a graze or wound on the back of a camel

22)[line 4]לקנקניםKANKANIM- jugs, utensils in which wine is stored

23a)[line 12]כל מקום ששנה רבן שמעון בן גמליאל במשנתינו, הלכה כמותוKOL MAKOM SHE'SHANAH RABAN SHIMON BEN GAMLI'EL B'MISHNASEINU, HALACHAH K'MOSO- every place in the Mishnayos in which Raban Shimon ben Gamliel teaches [his opinion], the Halachah follows his opinion

b)[line 14]חוץ מערב וצידן וראיה אחרונהCHUTZ ME'AREV V'TZIDON V'RA'AYAH ACHARONAH - except for the cases of Arev (a guarantor), Tzidon (the city of Sidon) and Ra'ayah Acharonah (the latter case of proof), as follows:

(a)ערב AREV (Bava Basra 173b-174a): The Chachamim rule that a loan may be given on the condition that the creditor can collect from the debtor's guarantor (Arev Kablan) before first going to the debtor. Raban Shimon ben Gamliel rules that if the debtor has property, the creditor must collect from him, even if the loan was given under the above conditions.

(b)צידן TZIDON (Gitin 74a): It occurred once in Tzidon that a man said to his wife, "This will be a valid Get (bill of divorce) on condition that you bring to me my robe," and then the robe was lost. According to the Rabanan, the Get is annulled and void. Raban Shimon ben Gamliel maintains that she may give the value of the robe and the Get will be effective.

(c)ראיה אחרונה RA'AYAH ACHARONAH (Sanhedrin 31a): The Chachamim rule that a litigant, after being instructed in Beis Din to prove his case, who says, "I do not have any proof," may not use any proof that he may subsequently find as valid evidence. (Since he already admitted to not having proof, we suspect that the documents that he brings afterwards may be forged.) Raban Shimon ben Gamliel rules that we acknowledge the possibility that he did not know about the evidence for his case at the moment that he said he did not have proof, and he may therefore use the proof he subsequently finds as valid evidence. (The Mishnah previously quoted a ruling of Raban Shimon ben Gamliel with regard to a different case involving proof in which the Halachah does follow his opinion. Hence the latter case is known as "Ra'ayah Acharonah.")

24)[line 17]דמורידין קרוב לנכסי שבויMORIDIN KAROV L'NICHSEI SHAVUY- a relative is appointed to take care of the land of someone who is being held captive

25)[line 20]דקא כליא קרנאKA KALYA KARNA- (lit. the Keren (principle) has been destroyed) the produce becomes totally ruined and the owner suffers a total loss

26)[line 31]דלמא מפסיד להוDILMA MAFSID LEHU- perhaps he will ruin the property

27)[line 32]שיימינן להו כאריסSHAIMINAN LEHU K'ARIS- [after the owner is redeemed from captivity, the relative who took care of the property] gets paid as if he were an Aris, a hired field laborer who receives a percentage (1/2, 1/3 or 1/4) of the produce of the field

28)[line 33]"וְחָרָה אַפִּי, וְהָרַגְתִּי אֶתְכֶם...""V'CHARAH API, V'HARAGTI ESCHEM..."- "And my anger shall burn hot, and I will kill you [with the sword; and your wives shall be widows, and your children orphans]." (Shemos 22:23)

29)[line 36]הוה עובדא בנהרדעאHAVAH UVDA B'NEHARDE'A- there was a case in Neharde'a

30a)[line 38]דמעיילין פילאME'AILIN PILA- they pass an elephant

b)[line 38]בקופא דמחטאB'KUPA D'MACHATA- through the eye of a needle

31)[line 41]אפילו שמע שממשמשין ובאיןAFILU SHAMA SHE'MEMASHMESHIN U'VA'IN- even if he heard that they were on their way back to their property (lit. feeling their way and coming)

32a)[line 43]לנכסי נטושיםNICHSEI NETUSHIM- the properties of those who left their land unwillingly

b)[line 47]לנכסי רטושיםNICHSEI RETUSHIM- the properties of those who left their land willingly