[43a - 47 lines; 43b - 40 lines]

1)[line 1]דלמא מודה ומיפטרDILMA MODEH U'MIFTAR (MODEH B'KENAS PATUR)

Any payment that involves over-compensation for a monetary loss is considered a "Kenas" (penalty) rather than "Mamon" (compensation). In every case of Kenas, the liable party does not have to pay the Kenas if he admits to his guilt of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to his guilt of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay the Kenas (Bava Kama 74b-75a - he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until one is obligated to pay a Kenas in court, he is fully exempt from payment and does not even have a moral obligation to pay it on his own accord (RASHBA to Bava Kama 74b, see also RAMBAN in Milchamos Hash-m at the end of the third Perek of Kesuvos).

2)[line 5]"ויליד בית""V'YLID BAYIS"- "But if the Kohen buys any soul with his money, he shall eat of it (Terumah), and he who is born in his house; they shall eat of his bread." (Vayikra 22:)

3)[line 6]קנין כסףKINYAN KESEF- a slave that the Kohen buys with money

4)[line 19]עבד טרפהEVED TEREIFAH- a slave who will definitely die, who therefore has no value

5)[line 19]והא חזי למיקם קמיה?V'HA CHAZI L'MEIKAM KAMEI?- but is he (an Eved Tereifah) not fit to serve (lit. to stand before) him (a master)?

6a)[line 20]במנוולMENUVAL- ugly, unsightly

b)[line 20]ומוכה שחיןMUKEH SHECHIN- a Menuga (BARTENURA), a leper

7)[line 28]כופרKOFER

(a)SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring.

(b)CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the owner of the ox is Chayav Misah b'Yedei Shamayim. He can redeem himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho" (Shemos 21:30). The amount paid as Kofer is defined as either the owner's value, or the dead man's value, according to the various opinions of the Tana'im (Makos 2b). If the ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's owner.

(c)CHATZI KOFER - Although the owner of a Shor Tam pays half of the damages that it causes, the Tana'im argue as to whether he must pay half of the Kofer if his ox kills a person. Rebbi Eliezer learns that he does not from the verse, "u'Ba'al ha'Shor Naki" (Bava Kama 41b). Rebbi Yosi ha'Glili argues, ruling that there is a liability for Chatzi Kofer (Kesuvos 41b).

8)[line 28]יורשין מנא ליהYORSHIN MENA LEI?- From where will he have heirs? (If he had children while he was a Nochri, they do not inherit him. If he had children after he became a slave but before he became a Chatzi Eved, Chatzi Ben Chorin, the children belong to the masters.)

9a)[line 36]הדר אוקים רבה בר רב הונא אמורא עליהHADAR UKIM RAVAH BAR RAV HUNA AMORA ALEI- Ravah bar Rav Huna immediately appointed a Meturgeman (see next entry) to teach in his name

b)[line 36]אמוראAMORA- a Meturgeman, (a) the person who repeats in a loud voice the words of the Rav, who lectures in a low voice (RASHI to Berachos 56a); (b) the person who translates into Aramaic the words of the Rav, who delivers the Shi'ur in a low voice in Hebrew (RASHI to Yoma 20b)

10)[line 37]"... והמכשלה הזאת תחת ידיך""... VEHA'MACHSHELAH HA'ZOS TACHAS YADECHA."- "... and let this ruin be under your hand." (Yeshayah 3:6) - A person who errs when ruling in Torah matters, and is humiliated, learns to take responsibility for his actions and grows in his Torah learning.

11)[line 41]ואם לחשך אדם לומרV'IM LACHSHECHA ADAM LOMAR- and if a person whispers to you, saying

12)[line 42]שפחה חרופהSHIFCHAH CHARUFAH

(a)According to Rebbi Akiva (Kerisus 11a), Shifchah Charufah is a woman who is half Shifchah (maidservant) and half free (e.g. she was owned by two partners and freed by one of them) who is Mekudeshes (betrothed) to a Jewish slave. Since she is half Shifchah her Kidushin is not complete, and if a man has relations with her they do not incur the death penalty. Rather, the man brings a Korban "Asham Shifchah Charufah," whether he sinned b'Mezid or b'Shogeg, and the Shifchah is punished with Malkus (Vayikra 19:20-22).

(b)Other Tana'im (ibid.) define Shifchah Charufah as a full-fledged Shifchah who is married to either a Jewish slave (Rebbi Yishmael, see RASHI to Yevamos 55b) or a Nochri slave (Acherim).

13)[line 43]לעבד עבריEVED IVRI - A Jewish slave

(a)There are two ways that a Jew can be bought as a slave. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. In either case he is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year, whichever comes first (Kidushin 14b, 16a). During his term as a slave, his master must support his family (Kidushin 22b).

(b)If the slave was married before he was sold, the master has the right to give him a Nochri maidservant to bear children who are the slaves of the master (Shemos 21:4).

(c)If at the termination of six years he expresses his desire to continue life as a slave, the master makes the slave stand near a doorpost and pierces his right ear and the door with an awl. The slave then must continue to serve his master until the Yovel year (ibid. 21:6). This Halachah only applies to male slaves who were sold by Beis Din and had families already at the time they were sold, and not to slaves who sell themselves (RAMBAM Hilchos Avadim 3:6).

14)[line 43]כלך אצל רבי ישמעאלKALECH ETZEL REBBI YISHMAEL- (a) turn away [from the opinion of Rebbi Akiva] and go to [the opinion of] Rebbi Yishmael (Kalech is a contraction of "Kaleh" - "stop," and "Lech" - "go to" - RASHI to Chagigah 14a DH Kalech); (b) According to the reading KELACH - go, you, to [the opinion of] Rebbi Yishmael (Kelach is a contraction of "Lecha" - "go," and "Lach" - "you" - RASHI to Shabbos 145b DH Kelach)

15)[line 44]בשפחה כנעניתSHIFCHAH KENA'ANIS

A Kena'ani slave or maidservant is forbidden to marry into the Jewish people until he or she is freed. The verse states, "Lo Siheyeh Kedeshah mi'Benos Yisrael," which the Targum translates as, "An Israelite woman may not be married to a slave" (Devarim 23:18; see RAMBAM Hilchos Isurei Bi'ah 12:13).

16)[line 45]מיוחדתMEYUCHEDES- intended for

43b----------------------------------------43b

17)[line 1]אשת שני מתיםESHES SHNEI MESIM- (lit. the wife of two dead men) An example of this Halachah is a case where three brothers are married to three unrelated women and one of the brothers died. One of the surviving brothers performs Ma'amar (see Background to Kidushin 43:19) on the wife of the deceased and dies before he performs Yibum (see Background to Kidushin ibid.). The third brother is only permitted to perform Chalitzah (see Background to Gitin 24:14) with the wife of the deceased since the verse states, "u'Mes Echad Mehem" - "and one of them dies" (Devarim 25:5). Yibum can only be performed upon a woman who has a connection to one dead man, and not two. (Chalitzah, however, must be performed to neutralize the Zikah (see Background to Gitin ibid.) and permit her to marry whomever she wishes.)

18a)[line 7]פקעו קדושי ראשוןPAK'U KIDUSHEI RISHON- [the release of the slave-half of the Chatzya Shifchah, Chatzyah Bas Chorin] eradicates the Kidushin of the first man (Reuven)

b)[line 8]גמרו קדושי ראשוןGAMRU KIDUSHEI RISHON- [the release of the slave-half of the Chatzya Shifchah, Chatzyah Bas Chorin] completes the Kidushin of the first man (Reuven)

19)[line 10]"... לא יומתו כי לא חופשה""... LO YUMSU KI LO CHUPASHAH."- "[And whoever has illicit relations with a woman, who is a slave betrothed to a man, and not wholly redeemed, nor freedom given her, inquiry shall be made;] they shall not be put to death, because she was not free." (Vayikra 19:20)

20)[line 19]על שניהםAL SHENEIHEM- to both of them (Adam ha'Rishon and Chavah)

21)[line 22]מנהג הפקר נהגו בהMINHAG HEFKER NAHAGU BAH- various vile men had their way with her after she abandoned herself to them, since she could marry neither freemen nor slaves

22)[line 27]אונוONO- a document [that states that if the slave will escape from his new master, his previous master will not take him back as his slave]

23)[line 29]לוה עליוLAVAH ALAV- he borrowed money [from a Nochri with the stipulation that if he does not pay him back, the Nochri can collect his loan by taking possession] of him (the slave)

24)[line 31]נמוסוNIMUSO- the Amora'im argue with regard to the explanation of this word, as the Gemara states below

25)[line 32]נשקיNASHKEI- a slave's badge or pendant, also known as a Chosam (Shabbos 58a)

26)[line 33]האריסיןHA'ARISIN- hired field laborers who receive a percentage (1/2, 1/3, or 1/4) of the produce of the field

27)[line 33]והחכירותHA'CHAKIROS- hired field laborers that receive a fixed amount (bushels) of the produce of the field; if there is no produce, then the laborer receives nothing

28)[line 33]ואריסי בתי אבותV'ARISEI BATEI AVOS- and Arisim whose ancestors have worked for the family of the same landowner for generations

29)[line 34]שמשכן שדהוSHE'MISHKEN SADEHU- [a Nochri] who collateralized his field

30)[line 37]זמןZEMAN- [a fixed] time [by which the debtor must repay the loan, and if not, the creditor may take possession of the security]

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