[43a - 47 lines; 43b - 51 lines]

1)[line 2]SHULCHANI- a moneychanger

2)[line 4]MUTARIN- loose; not bound in a money pouch

3)[line 7]CHENVANI- a storekeeper

4)[line 10] TZERURIN V'CHASUMIN- bound in a money pouch and sealed

5)[line 11] KESHER MESHUNEH- an intricate, unusual knot

6)[line 15]; NIGNEVU; B'LISTIM MEZUYAN- the case termed "Nignevu" actually refers to armed bandits, which is an Ones

7)[line 15] AVDU; SH'TAV'AH SEFINASO BA'YAM- the case termed "Avdu" actually refers to when his boat sank, which is an Ones

8)[line 19] D'HO'IL V'NEHENEH MEHANEH- since he receives [potential] benefit, he takes upon himself to give benefit [to the owner of the coins, accepting upon himself to become a Shomer Sachar]

9)[line 20] , D'IY MISRAMI LEI ZEVINA D'IS BEI REVACHA, ZAVAN BEHU- such that if a profitable business opportunity comes up, he invests in it with these [coins]

10)[line 23] HA'MAFKID MA'OS ETZEL SHULCHANI- a treasurer of Hekdesh who deposits coins of Hekdesh with a moneychanger, thinking that they actually belong to him


(a)It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, " ... " "Lo Suchal le'Echol bi'Sha'arecha... Nedarecha Asher Tidor" - "You may not eat in your settlements... and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.

(b)If someone benefited from Hekdesh intentionally, he receives Malkos and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.

(c)If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).


(a)It is possible to make a Shali'ach (an agent) to accomplish a task such that any consequences of the task are attributed to the one who sent him. For example, a Shali'ach can accomplish a Kinyan on behalf of the one who sent him. (Kinyan means, roughly, acquiring or relinquishing an acquisition. The word "Kinyan" connotes a change of ownership or status, such as giving or receiving sales, gifts, Gitin and Kidushin.) The Mishnah (Berachos 34b) states, "Shelucho Shel Adam Kemoso," i.e. [the act performed by] the Shali'ach of a person is like [an act performed by the person] himself. Sources for this law are cited in Kidushin 41.

(b)The Gemara learns from verses (Kidushin 43a) that generally, a Shali'ach cannot accomplish a task for someone when the task involves transgressing a prohibition. For example, if a person appoints a Shali'ach to steal an object for him, the Shali'ach is considered to be the thief and not the one who sent him. The reason for this is because the Shali'ach has no right to listen to the one who sent him to do an Aveirah, for HaSh-m has warned already warned that that act is prohibited. (RASHI to Bava Metzia 10b DH bar Chiyuva - that is, the sender probably did not really expect the Shali'ach to perform the act, and he did not really make him a Shali'ach - see Insights to Bava Kama 56a.)

(c)The Gemara in Kidushin (ibid.) lists a number of instances in which the Torah teaches that a Shali'ach can perform an Aveirah on behalf of the one who sent him. These Aveiros are Tevichah and Mechirah (see Background to Bava Metzia 33:32) and Me'ilah (see previous entry). However, even when a Shali'ach performs other Aveiros, the sender is punished to some degree for the Aveirah that was done (Kidushin ibid.). (According to one opinion in the Gemara, Shamai argues with this principle and holds that a Shali'ach can perform an Aveirah for the one who sent him.)


See Background to Bava Metzia 41:4.

13)[line 30] YILKEH B'CHESER UV'YESER- he shall suffer the consequences of an increase or decrease in the object in which he was Shole'ach Yad, as the Gemara discusses

14)[line 33] CHAVISA D'CHAMRA- a barrel of wine

15)[line 35]TAVRAH- he broke it


16)[line 20]RACHEL- a female sheep

17)[line 20]GAZEZAH- he sheared it

18)[line 26] ?MAI TA'AMA?- What is the reason [that Rebbi Akiva requires that the Shomer who is Shole'ach Yad must pay the value of the object on the day that the owner takes him to court]?

19)[line 27]"... ""...LA'ASHER HU LO YITNENU B'YOM ASHMASO"- "[Or all that about which he has sworn falsely; he shall restore it in full, and shall add a fifth part more to it,] and give it to him to whom it belongs, in the day that he admits his guilt." (Vayikra 5:24)

20)[line 29] MEHA'HU SHA'TA HU D'ICHAYEV LEI ASHMAH- it is from that time that he is guilty

21)[line 34] KI AZLAS L'HASAM- when you go to "there", i.e. Eretz Yisrael

22)[line 35] AKIF A'SULMA D'TZOR- go around (make a detour) (a) and travel on the highway of Tyre (RASHI to Eruvin 80a); (b) and go to the Ladder of Tyre, Scala Tyriorum, a promontory south of Tyre on the southern coast of Lebanon (RASHI to Eruvin 64b and to Beitzah 25b; this is also evident from the Gemara Eruvin Daf 22b)

23)[line 47]"[ , ,] ""[IM LO YIMATZEI HA'GANAV, V'NIKRAV BA'AL HA'BAYIS EL HA'ELOKIM] IM LO SHALACH YADO BI'MLECHES RE'EHU"- "[If the thief is not found, the owner of the house shall be brought to the judges [to swear]] that he did not misuse (lit. send his hand upon) his friend's possession. (Shemos 22:7)

24)[line 49]REVI'IS- a quarter of a Log (1 Revi'is measures approximately 75, 86 or 150 cc, depending upon the differing Halachic opinions)

25)[line 50] HIGBIHAH V'NATAL HEIMENAH REVI'IS- if he lifted it up with the intention of taking a Revi'is