BAVA METZIA 51-55 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

[55a - 57 lines; 55b - 36 lines]

1)[line 1] B'EMTZA HEKDESH- an intermediate stage of Hekdesh (such as an object that was consecrated by transferring to it the Kedushah that originated with a different item; now that [second] object can in turn be redeemed)

2)[line 10] NITPAS MI'NITPAS- [it is logical to derive the laws of] a consecrated item whose Kedushah was transferred [to it from another item], from [the laws of] an item whose Kedushah was also transferred [to it from another item]

3)[line 13]'','' ''HA'OLAH,'' OLAH RISHONAH- when the verse states, "ha'Olah," it refers to the first Olah that is offered every day, the Olas ha'Tamid (Vayikra 6:5)

4)[line 16] V'YAD HEKDESH AL HA'ELYONAH- Hedkesh has the upper hand (if the consecrated item was redeemed by transferring its Kedushah onto an item worth more, then Hekdesh gets to keep the extra value. If it was redeemed onto an item worth less, then the owner must pay the difference)

5)[line 21] HA'ONA'AH ARBA'AH CHESEF- Ona'ah (price fraud; see Background to Bava Metzia 47:1) is four silver coins (Ma'in) [per Sela]; there are 24 Ma'in in a Sela, and thus an overcharge or underpayment of 4 Ma'in per Sela is considered Ona'ah.


(a)If a person admits that he owes part of a claim, we suspect that the full claim is true, and the debtor is attempting to temporarily postpone part of the payment, but does not have the audacity to completely deny the claim. He is therefore required to take an oath, mid'Oraisa, that he does not owe the part he denies (Shemos 22:8). If he refuses to take the oath, he must pay the entire amount being claimed.

(b)In order for the requirement to take this oath to apply, the claimant must make a claim of at least two silver coins (Ma'in), and the defendant must admit that he owes a Perutah (at least) and deny the rest, or deny that he owes a Perutrah (at least) and admit that he owes the rest. If the claimant's claim is for less than two Ma'in, or the defendants denial or admission is for less than a Perutah, then this Shevu'ah does not apply.

7)[line 26] HA'GOZEL ES CHAVEIRO SHAVEH PERUTAH V'NISHBA LO- one who steals from someone an object (or money) worth at least a Perutrah, and he swears falsely that he did not steal it [and then he admits that he swore falsely]

8)[line 27]L'MADAI- Mede (Medes, or Media) was an ancient empire northwest of the Persian Empire (between Persia and Assyria, south of the Caspian Sea), about 500 miles (800 kilometers) north-east of Eretz Yisrael

9)[line 36] EIN ONA'AH LI'PERUTOS- price fraud does not apply to a Perutah. The Rishonim give various explanations for this, including: (a) An overcharge (or underpayment) is not considered price fraud when the value of the merchandise is less than an Isar (which is worth 6-8 Perutos, see Kidushin 12a) (RASHI); (b) An overcharge (or underpayment) is not considered price fraud when the value of the merchandise is less than a Me'ah (which is worth 24-32 Perutos); (c) "Price fraud does not apply to a Perutah" means that price fraud applies to even less than a Perutah (cited by the RITVA; the Ritva, however, rejects this explanation)

10)[line 37] TANI LEVI B'MASNISEI- Levi taught in his Tosefta, his collection of Beraisa'os

11)[line 40] YESHIVAS HA'DAYANIN BI'PERUTAH- the convening of the judges is done only with [claims of at least] a Perutah (for example, when the claimant has witnesses that someone owes him a Perutah, then Beis Din convenes and forces the defendant to pay)

12)[line 45] AF AL GAV D'ZAL- even though the object has depreciated in value (and is no longer worth a Perutah)

13)[line 49] BEIS DIN NIZKAKIN- Beis Din involves itself (convenes)

14)[last line]" , [ ; , ]""V'ES ASHER CHATA MIN HA'KODESH YESHALEM, [V'ES CHAMISHISO YOSEF ALAV V'NASAN OSO LA'KOHEN; VEHA'KOHEN YECHAPER ALAV B'EIL HA'ASHAM, V'NISLACH LO]"- "That which he has diminished from the consecrated property he shall repay, [and he shall add its fifth to it, and he shall give it to the Kohen; the Kohen will then atone for him with the ram of the guilt offering, and it shall be forgiven to him.]" (Vayikra 5:16) This verse refers to how one is to atone for the sin of Me'ilah - using the property of Hekdesh for one's personal benefit.


15)[line 6] CHAMISHA CHUMSHIN HEN- there are five [sets of] "fifths"


See Background to Bava Metzia 52:3:a-b.

17)[line 8]CHALAH

(a)With regard to the Mitzvah of Chalah, the verses state, "... ... , " "... b'Voachem 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'Yedei Shamayim (Makos 13a). (For dough kneaded in Chutz La'aretz, it is possible to separate Chalah from the remaining dough or baked product and retroactively exempt that which was eaten already.)

(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'Yedei Shamayim (RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6). Our Mishna tells us that a non-Kohen who eats Chalah b'Shogeg must add a fifth when reimbursing the Kohen.

(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.

18)[line 8]BIKURIM

See Background to Bava Metzia 52:37.

19)[line 9] HA'PODEH NETA REVA'I - one who redeems fruits of Neta Reva'i (NETA REVA'I)

(a)In the first three years after a tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. The fruits of the fourth year are called Neta Reva'i and are Kodesh (holy) (ibid. 19:24). They must be brought to and eaten b'Taharah in Yerushalayim. Alternatively, the fruits may be redeemed (Pidyon), in which case the money used to redeem them is brought to Yerushalayim. The food that is bought with this money is Kodesh like Neta Reva'i and must be eaten b'Taharah in Yerushalayim.

(b)The Gemara (Berachos 35a) records an argument as to whether the laws of Neta Reva'i apply to all fruits or only to grapes (Kerem Reva'i). The Halachah in Eretz Yisrael follows the opinion that the laws of Neta Reva'i apply to all fruits (SHULCHAN ARUCH Yoreh De'ah 294:6).

20)[line 10] HA'PODEH ES HEKDESHO- one who redeems the object that he consecrated


The Sages instituted that a person who brings a Get from overseas (i.e. a distant land) must say "b'Fanai Nichtav uv'Fanai Nechtam," testifying that the preparation of the Get was done in accordance with the Halachah. Without these words, the Get is invalid.

22)[line 26] , KOL HA'MESHANEH MI'MATBE'A SHE'TAV'U CHACHAMIM B'GITIN, YOTZI VEHA'VELAD MAMZER- all who deviate from the exact words that the Sages enacted with regard to Gitin require that the woman leave her second husband, and cause the woman's subsequent children to be illegitimate (since her Get is invalid)

23)[line 34]MA'OS- copper coins (Perutos, of which there are 768 in a Sela - MAHARIK Shoresh #95); copper coins must be used, because the Kedushah of the silver coins cannot be transferred (redeemed) onto coins of the same type

24a)[last line] BORER ES HA'YAFEH SHE'BAHEN- he selects the finest (most valuable) of the two silver Sela'im

b)[last line] U'MECHALELO ALEHA- and he redeems [the Kedushah of the copper coins] onto it (the silver Sela)