BAVA METZIA 80 (Tamuz 22) - dedicated by Zvi and Tamara Sand of Har Nof, Yerushalayim, in honor of the Yahrzeit of Tamara's father, Shlomo Zevulun ben Yakov Tzvi Ben-David.

[80a - 42 lines; 80b - 41 lines]

1)[line 1]השוכר את הפרה לחרושHA'SOCHER ES HA'PARAH LACHAROSH- a person who rents a cow to plow for him (where the plow belongs to the owner of the cow, who also sends along two workers to assist the renter: one to direct the cow along the furrows with the Darban (the goad) and one to make sure that the plowshare is thrust deeply enough into the ground)

2)[line 2]הקנקןKANKAN- (O.F. coltre) plowshare, a sharp blade that is attached to the front of a plow to make a vertical cut in the ground

3)[line 3]לדושLADUSH- to thresh

4)[line 4]בקטניתKITNIS- legumes, beans

5)[line 4]בתבואהTEVU'AH- grain

6)[line 5]מחלקתMACHALEKES- causes [the animal] to slip

7)[line 6]היכא דלא שני בהHEICHA D'LO SHANI BAH- in a case where the renter did not change [the conditions of the rental, and even so the Kankan broke]

8a)[line 7]דנקיט פרשאD'NAKIT PARSHA- the one who holds the goad

b)[line 8]דנקיט מנאD'NAKIT MANA- the one who holds the Kankan

9)[line 9]דוכתא דמחזקא גונדריDUCHTA D'MICHAZKA GUNDEREI- a place where the earth is known to be full of stones and bedrock

10a)[line 11]פרה זו נגחנית היאPARAH ZO NAGCHANIS HI- this cow is a cow that gores

b)[line 11]נשכניתNASHCHANIS- ... that bites

c)[line 12]בעטניתBA'ATANIS- ... that kicks

d)[line 12]רבצניתRAVTZANIS- ... that lies down [in Reshus ha'Rabim]

11a)[line 12]והיה בה מום אחדV'HAYAH BAH MUM ECHAD- and it actually had one of those bad habits (lit. blemishes)

b)[line 13]וסנפו בין המומיןV'SANFO BEIN HA'MUMIN- and he included it (lit. attached it) in a list of other blemishes [that it did not possess]

12)[line 13]מקח טעותMEKACH TA'US - a mistaken sale

(a)When one person misleads another in the sale of an object, and because he was misled the buyer does not receive what he thought he was purchasing, the sale is revoked and the object and money are returned to their original owners. Similarly, if the buyer overpays by more than one sixth of the value of the object that was sold, the sale is revoked and the object and money are returned to their original owners.

(b)If the buyer was misled about a minor point of the sale, or was overcharged by one sixth of the value of the object, the sale is valid, but the seller is required to deliver to the buyer everything that he had promised, and to return what he overcharged.

(c)If the seller did not mislead the buyer, but the buyer mistook the seller's intentions, the sale is at times valid such that the seller does not have to reimburse the buyer.

13)[line 13]מום זה ומום אחרMUM ZEH U'MUM ACHER- "this particular blemish (which he specifies), and others as well"

14a)[line 16]שוטהSHOTAH - (lit. a fool) a woman who is mad or deranged

(a)A person is classified as a Shoteh if he regularly, because of madness, destroys or loses that which is given to him, sleeps in a cemetery, goes out alone at night or tears his clothes (Chagigah 3b). According to the RAMBAM (Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits any form of irrational behavior.

(b)A Shoteh is exempt from performing Mitzvos, is not punished for his transgressions and is not liable for the damages that he causes. If a person sells a slave who is a Shoteh without informing the buyer of the blemish, the sale is not vaid.

b)[line 16]ניכפיתNICHPEIS- a woman who is an epileptic

c)[line 16]משועממתMESHU'AMEMES- mad, insane

15a)[line 25]שהנפחNEFACH- [extra] volume

b)[line 25]כמשאויMASOY- [extra] weight

16)[line 25-28]לתך / סאה / שלשה קביןLESECH / SE'AH / SHELOSHAH KABIN (DRY MEASURES)

(a)The following is a list of measures of volume used in the Mishnah and Gemara:

1.1 Kor (= 1 Chomer) = 30 Se'in

2.1 Lesech = 15 Se'in

3.1 Eifah = 3 Se'in

4.1 Se'ah = 6 Kabin

5.1 Tarkav (= Trei v'Kav, or 3 Kabin) = 12 Lugin

6.1 Kav = 4 Lugin

7.1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim

8.1 Beitzah = 2 or 3 k'Zeisim, according to the varying opinions

(b)In modern-day measures, the k'Zayis is approximately 0.025, 0.0288 or 0.05 liters, depending upon the differing Halachic opinions. Thus, 1 Lesech is approximately 108, 125, or 216 liters; 1 Se'ah is approximately 7.2, 8.3, or 14.4 liters; 3 Kabin are approximately 3.6, 4.14, or 7.2 liters.

17a)[line 29]קשה כמשאויKASHEH K'MASOY- [extra volume] is as difficult as [extra] weight

b)[line 30]קשה למשאויKASHEH L'MASOY- [extra volume] is an additional factor in contributing to the difficulty of a load (therefore, if two loads are of equal weight and one of them has a larger volume, it will be harder to carry)

18)[line 31]נפחא כי תקלאNAFCHAH KI TIKLAH- [extra] volume is like [extra] weight

19)[line 33]תקלא כי תקלא, ונפחא הוי תוספתTIKLAH KI TIKLAH, V'NAFCHA HEVEI TOSEFES- when the weight is equal, the volume is the additional factor that makes the load unbearable


20)[line 2]במחיקתאMECHIKTA- (a) infested with worms (TESHUVOS HA'GA'ONIM, cited by RASHI); (b) a level measure, as opposed to normal measures (Tefufos) and heaping measures (Gedushos)

21)[line 3]לְכַתָּףKATAF- a porter

22)[line 3]אדריבADRIV- a Lesech, a measure of 15 Se'in (see above, entry #16)

23)[line 3]לעריבהAREIVAH- a rowboat

24)[line 3]כורKOR- a measure of 30 Se'in (see above, entry #16)

25)[line 3]לספינהSEFINAH- a normal-sized boat

26)[line 4]לבורני גדולהBURNI GEDOLAH- (O.F. dromont - a type of ship) - a large ship

27)[line 4]אם איתא דלא מצי ביהIM ISA D'LO MATZI BEI- if it happens that he cannot carry it

28)[line 5]לשדיהLISHADYEI- he should throw it down [before he gets hurt]

29)[line 6]בשחבטו לאלתרBSHE'CHAVATO L'ALTAR- it crushed him instantaneously

30)[line 12-38]שומרי שכר / שומר חינם / שואל / שוכרSHOMREI SACHAR / SHOMER CHINAM / SHO'EL / SOCHER (FOUR SHOMRIM)

The Torah (Shemos 22:6-14) mentions four types of Shomrim (watchmen) and the different Halachos that apply to them:

1.SHOMER CHINAM - the Shomer Chinam is one who watches an item without demanding compensation from the owner. He is liable for damages only in cases of Peshi'ah (negligence), but not in cases of theft or loss, and certainly not in a case of Ones (an unavoidable accident).

2.SHO'EL - the Sho'el, the borrower, is one who borrows an item in order to use it and becomes obligated to take care of it. He is liable for damages in cases of Peshi'ah, theft or loss, and Ones. He is exempt from damages only in a case of "Meisah Machmas Melachah," when the item was damaged in the normal manner of usage, or if the item was damaged while its owner was working for the borrower ("Be'alav Imo").

3.NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to watch an item but is not permitted to use it. He is liable for damages in cases of Peshi'ah, theft or loss, but is not liable in a case of Ones.

4.SOCHER - the Socher, or renter, is one who pays money to rent an item. He is liable for damages in cases of Peshi'ah, theft or loss, but is not liable in a case of Ones, just like a Shomer Sachar, according to some of the Tana'im. Others assert that a Socher is liable for damages only in cases of Peshi'ah, but not in cases of theft or loss, and certainly not in a case of Ones, just like a Shomer Chinam (Bava Metzia 93a).

31)[line 14]שמור לי ואשמור לךSHEMOR LI V'ESHMOR LECHA- watch [an item] for me, and I will watch [an item] for you

32)[line 16]הלוהו על המשכוןHILVAHU AL HA'MASHKON- one who lends money and takes collateral

33)[line 17]הלוהו פירות שומר שכרHILVAHU PEIROS SHOMER SACHAR- if one lends fruit [and takes collateral,] he (the Malveh) is a Shomer Sachar [for the item of collateral, since he benefits by not having to guard his own fruit from rotting; he will receive new fruit when the Loveh repays the loan]

34)[line 19]להיות פוסק והולך עליוLIHEYOS POSEK V'HOLECH ALAV- to fix a [rental] price to it and deduct [the sums that he receives as rental fees from the poor man's debt]

35)[line 24]דקא שביק כולי עלמא, ואגיר ליה לדידיהD'KA SHAVIK KULEI ALMA, V'AGIR LEI L'DIDEI- that he passes up all other artisans and hires this artisan [to do work for him]

36)[line 27]ומוגר ליה לדידיהU'MOGAR LEI L'DIDEI- and he rents out his item to this renter

37a)[line 29]דקא יהיב ליה טפי פורתאD'KA YAHIV LEI TEFEI PURTA- that he pays the artisan slightly more than what his work is worth

b)[line 30]דקא משוי ליה טפי פורתאD'KA MESHAVEI LEI TEFEI PURTA- he rented out the item for slightly less than the usual rental fee

38)[line 32]דתפישׂ ליה אאגריהD'TAFIS LEI A'AGREI- he holds on to it (the item upon which he was working) to make sure that the owner pays his wages

39)[line 34]כדמחליף רבה בר אבוה ותניKED'MACHLIF RABAH BAR AVUHA V'SANI- like Rabah bar Avuha switched the opinions [of Rebbi Meir and Rebbi Yehudah] and taught