BAVA METZIA 96 (Tisha b'Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel, whose Yahrzeit is on 10 Av.

[96 - 52 lines; 96b - 43 lines]

1)[line 10]איפוך אנאEIPOCH ANA- [perhaps] I may say the reverse!

2)[line 12]שכן חייב באונסיהSHE'KEN CHAYAV B'ONSEHA- for it is at that time (the time that the animal is damaged) that the Shomer becomes obligated to pay for the Ones

3)[line 15]שכן חייב במזונותיהSHE'KEN CHAYAV BI'MEZONOSEHA- for it is at that time (the time that the animal is initially borrowed) that the Shomer becomes obligated to feed the animal

4)[line 16]רב אשי אמר, [אמר] קראRAV ASHI AMAR [AMAR] KERA- Rav Ashi says that the verse says

5)[line 20]אורחיה דקרא הואORCHEI DI'KERA HU- it is the custom of the verse (to speak in this manner, and thus nothing can be derived from it)

6)[line 24]ליראות בהLEIRA'OS BAH- [a case in which a person borrows an item not to actually use it, but merely] in order to be seen with it (so that people will think he is wealthy and will not refrain from selling to him on credit, - RASHI)

7)[line 35]בההיא פלגא דשייליBEHA'HI PALGA (D'SHAILEI) [D'SHAYIL]- for that half that he (the part-owner who is now working for the borrower) lent [to the borrower, the borrower is exempt because of "Be'alav Imo"] (according to the Girsa of DIKDULEI SOFRIM #2)

8)[line 36]קנין פירות כקנין גוףKINYAN PEIROS K'KINYAN HA'GUF (NICHSEI MILUG)

(a)A woman brings into her marriage two types of possessions, as follows:

1.Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.

2.Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox). A father, in contrast, does not have the right to the Peiros of his betrothed daughter's property (i.e. if she inherited property from her mother's relatives).

(b)Amora'im argue (see Bava Basra 136a) as to whether buying fruits that will be produced (e.g. the fruits of a tree or the slaves to which a maidservant will give birth) gives the owner of the fruits a certain amount of Halachic ownership in the object that bore the fruits. In the case of our Gemara, the question is whether or not the husband is considered the owner of the actual property since he is entitled to take the fruits that it produces.

9)[line 37]והשאל לי עם פרתיV'HISHA'EL LI IM PARASI- lend yourself out on my behalf [to do work] together with my cow

10)[line 41]המוכר שדהו לחבירו לפירותHA'MOCHER SADEHU L'CHAVEIRO L'FEIROS- one who sells his field to someone else only for the rights to the fruits

11)[line 41]מביא וקוראMEVI V'KOREI (BIKURIM)

(a)The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "וְהָיָה כִּי תָבוֹא אֶל הָאָרֶץ... וִירִשְׁתָּהּ וְיָשַׁבְתָּ בָּהּ... וְלָקַחְתָּ מֵרֵאשִׁית כָּל פְּרִי הָאֲדָמָה..." "v'Hayah Ki Savo El ha'Aretz... vi'Rishtah v'Yashavta Bah... v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land... and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the Mikra Bikurim, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).

(b)In order to recite the "Mikra Bilurim," the owner of the fruit must also be the owner of the land which produced the fruit.

(c)The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) - wheat, barley, grapes, figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).

(d)Kohanim eat the Bikurim within the walls of Yerushalayim, b'Taharah. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi in Makos 18b), he receives Malkos. They must be brought back into Yerushalayim and eaten there. Similarly, a Kohen (even if he is Tahor) who eats Bikurim that are Teme'im receives Malkos (RAMBAM ibid. 3:5).

12)[line 44]לאפוטרופוסAPOTROPOS- (O.F. seneschal) steward, manager of the household (RASHI to Sukah 27a)

13)[line 45]הפר להHAFER LAH (HAFARAS NEDARIM) - annul for her

(a)A man has the right to annul certain vows of his wife and his young daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow] is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Nedarim 77a); the former is the Halachic opinion.

(b)A father may annul his daughter's vows while she is young, starting from the age at which her vows are valid (11 years old) until she becomes a Bogeres (six months after she becomes a Na'arah by growing two pubic hairs). If the father marries her off before she becomes a Bogeres, during the period of Eirusin both the father and the husband, or "Arus," must annul the vows in order for the annulment to be effective. After the consummation of the marriage through Nisu'in, the husband may annul the vows by himself. The father no longer has rights over her vows after her marriage, even if she is divorced before becoming a Bogeres.

(c)If the father or husband is "Mekayem" the vow even before the day is over (i.e. he upholds or endorses the vow; this is also referred to as "Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer be Mefer the vow. His wife or daughter must abide by her vow. (There is a disagreement among the Poskim as to whether the wife or daughter can remove the Neder through Hataras Nedarim after Hakamah, see Insights to Nedarim 69:1:a:1.)

14)[line 46]"...אִישָׁהּ יְקִימֶנּוּ וְאִישָׁהּ יְפֵרֶנּוּ""... ISHAH YEKIMENU V'ISHAH YEFERENU"- "... her husband may uphold it, or her husband may annul it." (Bamidbar 30:14)

15)[line 50]דבר מצוה הואD'BAR MITZVAH HU- he is obligated in Mitzvos

16)[line 51]יד עבד כיד רבוYAD EVED K'YAD RABO- the hand of the slave is like the hand of his master

17)[last line]בעל בנכסי אשתוBA'AL B'NICHSEI ISHTO - [what is the status of] a husband using his wife's property (NICHSEI MILUG)

See above, entry 8:a.


18)[line 1]לפום חורפא שבשתאL'FUM CHURFA SHABESHTA- in accordance with his acuteness of mind is his error

19)[line 5]דאגר מינה פרה, והדר נסבהD'AGAR MINAH PARAH V'HADAR NASVAH- he rented from her a cow, and then he married her

20)[line 14]שואל משלם לשוכר/ תחזיר פרה לבעליםSHO'EL MESHALEM LA'SOCHER / TACHZIR PARAH LA'BE'ALIM

Rebbi Yosi and the Rabanan argue (Mishnah Bava Metzia 35b) about a case in which one leases his cow to a Socher, and the Socher lends it to a Sho'el, and then the cow dies in a normal manner. The Rabanan maintain that the Socher may exempt himself from paying the owner by swearing that the cow died normally. The one who borrowed it from the Socher, though, must pay the Socher the value of the cow ("Sho'el Meshalem la'Socher"). Rebbi Yosi argues and says that we may not let the Socher profit through the property of someone else (the owner of the cow). Rather, the Sho'el must pay the owner of the cow ("Tachzir Parah la'Be'alim").

21)[line 21]באושא התקינוB'USHA HISKINU - they instituted in Usha (TAKANAS USHA)

This refers to the ordinance enacted by the Beis Din (Sanhedrin) of Usha, a city in the western part of the lower Galilee. It was one of the ten places to which the Sanhedrin was exiled at the time of the destruction of the second Beis ha'Mikdash. The Beis Din of Usha enacted that if a woman sells her Nichsei Milug during the lifetime of her husband and then she dies before her husband, her husband may expropriate the property from the buyers, because he is considered to be an earlier buyer.

22)[line 23]?בעל בנכסי אשתו, מי מעלBA'AL B'NICHSEI ISHTO, MI MA'AL? - Who transgresses the Isur of Me'ilah when a husband receives the property of his wife? (ME'ILAH)

(a)It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "לֹא תוּכַל לֶאֱכֹל בִּשְׁעָרֶיךָ... וְכָל נְדָרֶיךָ אֲשֶׁר תִּדֹּר" "Lo Suchal le'Echol b'Sha'arecha...u'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).

(d)When a married woman inherits property, a Takanah d'Rabanan entitles her husband to the usage and fruits of that property. The property is, in effect, transferred from her domain to her husband's. The Gemara asks: if the property had been sanctified as Hekdesh by the previous owner who bequeathed it to the woman, but the woman and husband were not aware that it was Hekdesh, who transgresses the Isur of Me'ilah when the property is removed (by the Takanah d'Rabanan) from the domain of Hekdesh and put into the domain of the husband?

23a)[line 26]תימעול איהי?TIM'OL IHI?- Should she be obligated for Me'ilah? (By transferring the property from her domain to her husband's domain at the bequest of the Takanah d'Rabanan (see previous entry), perhaps the wife is the one who transgresses Me'ilah.)

b)[line 26]דהיתרא נמי לא ניחא לה דליקניD'HEITEIRA NAMI LO NICHA LAH D'LIKNI- the woman does not want to transfer to her husband even permissible property (i.e. which is not Hekdesh). (Rather, the Takanah d'Rabanan forces her to give her inherited property to her husband.)

24)[line 29]לאיסורא לא עביד רבנן תקנתאL'ISURA LO AVID RABANAN TAKANTA- the Rabanan did not make their enactment apply in a case where doing so would cause them to transgress an Isur

25)[line 31]כחש בשר מחמת מלאכהKICHESH BASAR MACHMAS MELACHAH- its muscles were weakened as a result of doing work

26)[line 32]אמר (ליה) [להו] ההוא מרבנןAMAR (LEI) [LEHU] HA'HU ME'RABANAN- one of the Sages said to them (to the other students of the Yeshiva) (according to the Girsa of DIKDUKEI SOFRIM #20)

27)[line 34]לאו לאוקמא בכילתא שאילתהLAV L'UKMA B'CHILASA SHE'ILTAH- I did not borrow it in order to lock it in a cage (but rather I borrowed it to use it)

28)[line 40]נרגאNARGA- ax

29)[line 40]איתברITVAR- it broke

30)[line 41]זיל אייתי סהדי דלאו שנית ביה, ואיפטרZIL, AISI SAHADEI D'LAV SHANIS BEI, V'IFTAR- go, bring witnesses that you did not deviate [from the way you were supposed to use the object], and you will be exempt

31)[last line]נרגא מעליאNARGA MA'ALYA- a good ax