GITIN 52 (1 Elul) - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.

[52a - 51 lines; 52b - 44 lines]

1)[line 1]שסמכו אצל בעל הביתSHE'SAMCHU ETZEL BA'AL HA'BAYIS- who relied upon a householder [to run their affairs, even though he had not been officially appointed as their Apotropos (see below, entry #3)]

2)[line 2]מינהMINAH- he appointed

3)[line 2]אפוטרופוסAPOTROPOS- a steward [who was appointed to represent the interests of the orphans]

4)[line 3]לעשר פירותיהםL'ASER PEIROSEIHEN - to separate tithes from their produce (HAFRASHAS TERUMOS U'MA'ASROS)

(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen (Bamidbar 18:12; Devarim 18:4). Although the Torah does not specify an amount that must be given, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop.

(b)After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi (Bamidbar 18:21). The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen (Bamidbar 18:26).

(c)Once Terumah Gedolah and Ma'aser Rishon have been separated from the crop, it is time to separate the second tithe. In the third and sixth years of the seven-year Shemitah cycle this tithe is called Ma'aser Ani, and it is given to the poor (Devarim 14:28-29).

(d)During the first, second, fourth and fifth years of the seven-year Shemitah cycle, the second tithe is called Ma'aser Sheni. Ma'aser Sheni must be brought to Yerushalayim and eaten there while one is in a state of purity (Devarim 14:22-27).

(e)If it is impractical to bring the actual food to Yerushalayim, Ma'aser Sheni produce may be redeemed with money. This money receives the status of Ma'aser Sheni, and is then brought to Yerushalayim. In Yerushalayim the money is used to buy food, which in turn receives the Kedushah of Ma'aser Sheni and must be eaten b'Taharah in Yerushalayim.

(f)If the owner of the Ma'aser Sheni redeems his own Ma'aser, he must add a fifth of the total value (equal to a quarter of the original value) onto the money used (Vayikra 27:30-31); if someone else redeems it, he may do so with money equal to the value of the Ma'aser.

(g)Until Terumah and Ma'asros have been properly separated, the produce is termed "Tevel" and may not be eaten. The word "Tevel" means a mixture, and can be used to refer to any produce from which one must separate a part. If one intentionally eats Tevel, then he receives Misah b'Yedei Shamayim (see Background to Sukah 25:25).

5)[line 4]ישבעYISHAVA- must swear [that he has retained nothing belonging to the orphans when he is eventually relieved of his duties

6)[line 5]חילוף הדבריםCHILUF HA'DEVARIM- the opposite is true

7)[line 6]"[כֵּן תָּרִימוּ גַם] אַתֶּם [תְּרוּמַת ה'...]""[KEN TARIMU GAM] ATEM [TERUMAS HASH-M...]" - "[So shall] you [also lift up an offering to HaSh-m from all your tithes...]" (Bamidbar 18:28) (SHELICHUS)

(a)One may perform a Ma'aseh Kinyan (act of acquisition or an act that results in a change in status) such as the purchase or sale of an object, marriage, or divorce through a Shali'ach (agent). This entails appointing the Shali'ach to act on his behalf with regard to that matter. Chazal explain that "Shelucho Shel Adam k'Moso" - "One's agent is like himself" (Mishnah, Berachos 34b). This means that any actions taken by the Shali'ach that fall within the realm of his appointment are considered to have been taken by the one who sent him.

(b)One of the verses cited as a source for this Halachah is, "[So shall] you [also lift up an offering to HaSh-m from all your tithes...]" (Bamidbar 18:28). This verse describes the separation of Terumos and Ma'asros (see above, entry #4). From that which the Torah could have written simply "Atem" (you) but added the word "Gam" (also), we see that one may appoint a Shali'ach to separate his tithes in his behalf (Kidushin 41).

8a)[line 6]לא שותפיןLO SHUTFIN- [one] partner may not [tithe the produce of his partner without permission]

b)[line 6]לא אריסיןLO ARISIN- a sharecropper may not [tithe the produce of the landowner without permission]

c)[line 7]לא אפוטרופיןLO APOTROPIN- an Apotropos may not [tithe the produce of orphans without permission]

d)[line 7]לא התורם את שאינו שלוLO HA'TOREM ES SHE'EINO SHE'LO- one may not tithe produce that does not belong to him [without permission]. This is either a) the general rule that explains the reason for the previous three Halachos, or b) a general ruling that is obvious from the three previous rulings.

9a)[line 8]כאן להאכילKAN L'HA'ACHIL- here [in our Mishnah it is permitted for an Apotropos to separate Terumos and Ma'asros in order] to provide [the orphans] with food

b)[line 9]כאן להניחKAN L'HANI'ACH- here [in the Beraisa it is forbidden for an Apotropos to separate Terumos and Ma'asros in order] to put away [the produce in storage]

10)[line 9]והתניאVEHA'TANYA- This Beraisa is offered as proof of the Gemara's thesis.

11)[line 10]תורמין ומעשריןTORMIN U'ME'ASRIN- may separate Terumos and Ma'asros (see above, entry #4)

12)[line 11]להןLA'HEN- on their behalf

13)[line 12]כרמיםKERAMIM- vineyards

14a)[line 12]להאכילL'HA'ACHIL- to provide [the orphans with their needs]

b)[line 12]להניחL'HANI'ACH- to put [money] away [for fear that the object sold would otherwise be stolen, or so as to increase the honor of the orphans]

15)[line 13]שמניםSHEMANIM- different types of oil

16)[line 13]סלתותSELASOS- different types of flour

17)[line 14]לולב וערבהLULAV VA'ARAVAH- the Lulav and Aravah branches [along with an Esrog and Hadasim (see Background to Beitzah 30:41)]

18)[line 15]קצבהKITZVAH- a set value

19)[line 16]אין פוסקין עליהם צדקהEIN POSKIN ALEIHEM TZEDAKAH- they do not pledge charity on their behalf [since it has no set value]

20)[line 17]פודיןPODIN- redeem

21)[line 17]שבוייןSHEVUYIN- captives

22)[line 18]תנחומי אבליםTANCHUMEI AVELIM - [expenses associated with] comforting of mourners (BIRKAS RECHAVAH)

(a)After a burial, the close relatives of the deceased are greeted on their way back home in the street (Rechavah). A meal (Se'udas Havra'ah) is prepared for them, and the mourners eat it before entering the house where they are to sit in mourning. During this meal, one of the comforters present recites a series of blessings known as "Birkas Rechavah." One of these blessings praises HaSh-m for the comfort (Tanchumin) that He affords mourners (Avelim) (Kesuvos 8b).

(b)Our Gemara considers Tanchumei Avelim to be an expense with no set value since it was customary to serve an abundance of food and drink at the Se'udas Havra'ah (YA'AVETZ).

23)[line 18]רשאיןRESHA'IN- permitted

24)[line 18]לדוןLA'DUN- to go to court [on behalf of the orphans]

25)[line 19]לזכות אמאי לא?LI'ZKOS AMAI LO?- [if they won] a beneficial settlement [on behalf of the orphans in court] why [is the settlement] not [acceptable]?

26)[line 19]לחוב על מנת לזכותLA'CHUV AL MENAS LI'ZKOS- a settlement detrimental [to the orphans is not binding even if the original intention of the Apotropos in going to court was] to win a beneficial settlement

27)[line 20]למכור ברחוק ולגאול בקרובLIMKOR B'RACHOK V'LIG'OL B'KAROV - to sell a faraway [ancestral field belonging to the orphans, in order] to redeem a [previously sold] nearby [field] (PIDYON SEDEI MIKNAH)

(a)After the conquest and division of Eretz Yisrael, Yehoshua bin Nun divided Eretz Yisrael amongst all of the Jews (other than those belonging to Shevet Levi) alive at that time. One's lot in Eretz Yisrael was passed down to his male descendants, as per Dinei Yerushah (the laws of inheritance). As long as one's ancestral field in his possession, it is referred to as a Sedei Achuzah.

(b)A field in one's possession due to that which he purchased or inherited it (from one outside of his patrilineal line) is referred to as a Sedei Miknah. Such a field automatically returns to the family that holds an ancestral claim upon it on Yom ha'Kipurim of the Yovel year (Vayikra 25:14-17; Erchin 30a).

(c)The Tosefta cited in our Gemara explains that an Apotropos may not sell a faraway Sedei Achuzah belonging to the orphans in order to redeem a previously sold nearby field.

28)[line 21]משתדפיןMISHTADFIN- [the produce of the nearby field] will be struck with blight

29)[line 23]לא משפייןLO MESHAFYAN- they will not be easy [to retain due to claims that they were sold improperly]

30)[line 23]להוציא עבדים לחירותL'HOTZI AVADIM L'CHERUS- to free Nochri slaves [even when the slaves were given money by others with which to purchase their freedom, since the Apotropos does not own them and therefore cannot free them]

31)[line 24]לאחריםACHERIM- others [who wished to give the slaves money with which to purchase their freedom to begin with]

32)[line 25]כמוכרו לוK'MOCHRO LO- as if he sold him to himself

33)[line 26]צריך לחשב עמהן באחרונהTZARICH L'CHASHEV IMAHEN BA'ACHARONAH- [the Apotropos] must make a reckoning with them after [he is relieved of his duties, swearing to them that he has retained nothing belonging to them]

34a)[line 27]נשיםNASHIM- women (since they are not accustomed to conducting business]

b)[line 27]עבדיםAVADIM- slaves (since they are not trustworthy)

c)[line 27]קטניםKETANIM- minors (since they have no Da'as; i.e., their decisions are circumspect)

35)[line 28]שבבותיהSHIVEVUSEI- the neighborhood

36)[line 28]מזבין ארעתא וזבין עבדיMAZBIN AR'ASA V'ZAVIN AVDEI- selling land and purchasing slaves

37)[line 29]אחוו ליה בחלמיהACHAVU LEI B'CHELMEI- they showed him in his dream

38)[line 29](אני) [אנו] להרוס, ואתה לבנות?(ANI) [ANU] LA'HAROS, V'ATAH LI'VNOS?- (my intention is) [our intentions are] to destroy [their holdings (since a) they were acquired improperly - MAHARSHAL; b) the orphans or their deceased father were wicked people - YA'AVETZ], and you[r intention is] to build [them up]?

39)[line 30]לא אשגחLO ASHGACH- he paid no attention

40)[line 30]מעלין ולא מורידיןLO MA'ALIN V'LO MORIDIN- lit. neither lift nor lower; i.e., should not affect one's decisions one way or another

41)[line 31]הנהו בי תריHANHU BEI TREI- those two [people who were married to each other]

42)[line 31]איגרי בהו שטןIGRU BEHU SATAN- the Satan provoked them

43)[line 31]בי שמשיBEI SHIMSHEI- close to sunset [on Friday]

44)[line 31]מינצוMINTZU- quarrel

45)[line 32]איקלעIKLA- went up

46)[line 32]שלמאAKVINHU- he prevented them

47)[line 32]תלתאTELATA- three

48)[line 32]שלמאSHALMA- peace

49a)[line 33]שמעיה דקאמרSHAM'EI DEK'AMAR- [Rebbi Meir] heard [the Satan] saying

b)[line 33]ווי דאפקיה ר' מאיר לההוא גברא מביתיה!VAI D'AFKEI REBBI MEIR L'HAHU GAVRA MI'BEISEI!- woe that Rebbi Meir drove out that man (referring to himself in the third person) from his house!

50)[line 34]תוריTUREI- oxen

51)[line 35]מימיMI'YAMAI- lit. from my days; i.e., my entire life

52a)[line 36]אשתי ביתיISHTI BEISI- [I called] my wife my house [since without her the house cannot function]

b)[line 36]שורי שדיSHORI SADAI- [I called] my ox my field [since without it the field cannot function]

53)[line 37]סבתאSAVTA- elderly woman

54)[line 37]תורתאTORSA- an ox

55)[line 37]שקלה וזבינתה ניהלייהוSHAKLAH U'ZEVINASAH NIHALAIHU- she took it and sold it on their behalf

56)[line 38]מאי עבידתה דזבנא?MAI AVIDTA D'ZAVNAH?- [who appointed her an Apotropos] that she [had the right to] sell it?

57)[line 39]הא אייקר!HA IYAKAR!- it appreciated [in value]!

58)[line 40]לא נקיטי דמיLO NEKITEI DEMEI- they are not holding the money [since it was not yet paid for]

59)[line 42]הקדשHEKDESH- consecrated items

60)[line 42]לא מקני אלא בכספאLO MAKNEI ELA B'CHASPA (KINYAN METALTELIN)

(a)One who wishes to acquire an object must perform a Ma'aseh Kinyan - an action that effects the acquisition. Which actions serve as Halachically valid Kinyanim depend on the type of object being acquired.

(b)Metaltelin (chattel; movable goods) may be acquired through one of the following actions:

1.HAGBAHAH - lifting;

2.MESHICHAH - lit. pulling, which includes causing the object to move in any way;

3.CHATZER - having the object contained within one's domain (see Mishnah, Bava Basra 42a).

(b)That which belongs to Hekdesh (sanctified items), however, follows a different set of rules. None of the Kinyanim described above will allow one to acquire that which is in the possession of Hekdesh. The only way through which one is able to acquire these objects is to pay money for them (Vayikra 27:19; see Kidushin 29a).

61a)[line 42]חמריה דרבנא עוקבא יתמאCHAMREI D'RAVNA UKVA YASMA- the wine of Ravna Ukva the orphan

b)[line 42]משכוה בארבעה ארבעהMASHCHUHA B'ARBA'AH ARBA'AH- [buyers] pulled it (see previous entry) when it was worth four [Zuz] a barrel (but they did not yet pay for it)

62)[line 43]קם בשיתא שיתאKAM B'SHISA SHISA- it appreciated to be worth six [Zuz] a barrel

63)[line 45]משוך פיריMESHOCH PEIREI- merchandise upon which a Kinyan Meshichah has been made

64)[line 46]יהא כח הדיוט חמור מהקדשLO YEHEI KO'ACH HEDYOT CHAMUR MI'HEKDESH- the ability of a common person should not be greater than that of Hekdesh. One cannot normally force a merchant to accept a return of merchandise that has depreciated after a Kinyan Meshichah has been made. This is true even in the case of orphans who have sold merchandise and not yet received money, since the Chachamim granted them the status of Hekdesh only for when it is beneficial to them and not when it works to their detriment.

65)[line 47]אמשיכו להוAMSHICHU LEHU- a Kinyan Meshichah was made on their behalf

66a)[line 49]זמנין דמצטרכי לפיריZIMNIN D'MITZTARCHEI L'FEIREI- there may be times when they will require merchandise

b)[line 49]וליכא דיהיב להוV'LEIKA D'YAHIV LEHU- no one will give it to them


67)[line 1]נשרפו חיטכם בעלייהNISREFU CHITCHEM BA'ALIYAH- your grain burned in the upper story [where it was stored]. Since the orphans had acquired the grain with money, they must suffer its loss even if they have not yet made a Kinyan Meshichah. The concept of Lo Yehei Ko'ach Hedyot Chamur mi'Hekdesh doesn't apply here; since the seller cannot back out of the deal, he also cannot be held responsible for the grain although it is in his possession.

68)[line 8]חתמינןCHASMINAN- signed [as witnesses]

69)[line 8]אימיה דזעירא יתמאIMEI D'ZE'IRA YASMA- the mother of Ze'ira the orphan [who was presumably acting as his Apotropos]

70)[line 9]לכרגאL'KERAGA- [in order] to [pay] the head-tax [of the orphans]

71)[line 10]אכרזתאACHRAZTA - the publicizing of land for sale (HACHRAZAH)

(a)Before the Gizbar (treasurer) of Hekdesh sells land belonging to Hekdesh, and before Beis Din sells property inherited by orphans to pay off their father's debt, they first publicize the sale through twice-daily announcements. This is to insure that the best possible price is received for the property.

(b)Land belonging to Hekdesh is publicized for sixty days, and that belonging to orphans for either thirty consecutive days or on Mondays and Thursdays for a period of sixty days. The sale is proclaimed both in the morning when workers are on their way to the fields and in the evening when they are on their way back. The morning announcement gives a prospective buyer the opportunity to send his workers to evaluate the property on their way to work; the evening announcement reminds him to ask his workers about their observations.

(c)The proclamation includes a description of the plot of land, the identification of its boundaries, how much the field produces annually, and the asking price. In addition, if the land is being sold to pay off the debt incurred by the father of orphans, the reason for the sale is announced. This is because some prefer to pay a creditor, who is happy enough to receive his money that he will accept imperfect coins as payment, whereas others prefer to pay a widow (the money owed to her due to her Kesuvah; see Background to 46:32) who is happy to receive her money in small installments.

(d)If the property was sold without a Hachrazah, the sale is invalid. There are certain situations, however, in which money is so urgently required that the land is indeed sold without a Hachrazah. These are:

1.The creditor is charging interest;

2.The land is being sold to pay the head-tax of the orphans;

3.Money is necessary to purchase food for the widow or orphans;

4.Money is necessary to pay for the burial of the father or orphans. (Erchin 21b-22a, Kesuvos 87a)

72)[line 10]למזוניL'MEZONEI- in order to provide [the widow or orphans] with food

73)[line 11]לקבורהL'KEVURAH- in order to bury [the deceased or one of his orphans]

74)[line 11]מזבנינן בלא אכרזתאMEZAVNINAN B'LO ACHRAZTA- we sell [the land of the orphans] without first announcing it (see above, entry #71)

75)[line 11]עמרם צבעאAMRAM TZABA'A- Amram the dyer

76)[line 13]קא לביש ומכסי מיתמיKA LAVISH U'MICHSI MI'YASMEI- he is clothing himself with [money] belonging to the orphans

77)[line 14]כי היכי דלישתמען מיליהKI HEICHI D'LISHTAM'AN MILEI- [he is doing so] so that his words will be taken seriously [when he is handling their affairs]

78)[line 15]לא אמידLO AMID- a) he is not [a person whose value people attempt to] estimate [which proves that he is not rich and he therefore must be spending the money of the orphans]; b) he is not estimated to be a wealthy man [by the general populace and he therefore must be spending the money of the orphans]

79)[line 16]הא קא מפסיד!HA KA MAFSID!- he is damaging [their property]!

80)[line 17]אייתו לי סהדיAISU LI SAHADEI- bring me witnesses

81)[line 17]איסלקיניהISALKINEI- I will remove him

82)[line 18]רב הונא חבריןRAV HUNA CHAVRIN- Rav Huna our colleague (see Insights to Kesuvos 69)

83)[line 22]דבי רבי שילאD'VEI REBBI SHILA- those who learned in the Yeshiva of Rebbi Shila

84)[line 24]אי לאו דאית ליה הנאה מיניהIY LAV D'IS LEI HANA'AH MINEI- had [the Apotropos] not benefited from [the deceased in the past]

85)[line 26]אתי לאמנועיL'AMNU'EI- to hold back [from agreeing to be an Apotropos]

86)[line 27]מלתא בעלמאMILSA B'ALMA- a favor

87)[line 28]רמית עליהRAMIS ALEI- they require of him

88)[line 30]קא נפיק עליה קלא דאיניש מהימנא הואKA NAFIK ALEI KALA D'INISH MEHEIMNA HU- he gains a reputation that he is a trustworthy individual

89)[line 37]בר מערבאBAR MA'ARAVA- from Eretz Yisrael

90)[line 39]נושא שכרNOSEI SACHAR (ARBA'AH SHOMRIN)

(a)There are "Arba'ah Shomrim" ("Four Custodians") - four classes of those who guard the item of another. Their level of responsibility for the object they guard varies according to what, if anything, they receive from the agreement.

(b)There are four classifications of damages that can occur to an item. These are:

1.PESHI'AH - damage incurred through negligence

2.GENEIVAH O AVEIDAH - theft or loss

3.ONES - damage incurred through an unavoidable accident

4.MESAH MACHMAS MELACHAH - death as a result of normal, expected use

(c)The four Shomrim and the degree of responsibility for which they are held accountable are:

1.SHOMER CHINAM - one who guards an item and receives no compensation. He is liable to pay for damages only in the case of Peshi'ah. He is exempt in the case of Geneivah or Aveidah, and certainly in that of Ones. A Shomer Chinam has no permission to use the item that he is guarding; if he does so, he is responsible even for Onsim.

2.SHO'EL - one who borrows an item with intent to utilize it. He is liable to pay for damages in cases of Peshi'ah, Geneivah or Aveidah, and Ones. He is exempt only in a case of Mesah Machmas Melachah, or if the damage was incurred while the owner of the item was working for the borrower ("Be'alav Imo").

3.NOSEI SACHAR or SHOMER SACHAR - one who receives compensation for guarding an item. He is liable to pay for damages in cases of Peshi'ah and Geneivah or Aveidah, but not in a case of Ones. A Shomer Sachar has no permission to use the item that he is guarding; if he does so, he is responsible even for Onsim.

4.SOCHER - one who rents an item. Rebbi Meir rules that his level of responsibility is identical to that of a Shomer Chinam. Rebbi Yehudah maintains that his level is equal to that of a Shomer Sachar.

(b)When a Shomer claims that he is exempt from paying damages since they occurred in a manner for which he is not accountable, he is not exempt until he supports his claim with an oath. A Shomer Chinam, for example, may swear that he was not negligent; a Shomer Sachar may swear that the item was Ne'enas; and a Sho'el may swear that the item was damaged in the normal manner of usage. In addition, a Shomer Chinam and a Shomer Sachar must swear that they did not use that which they were guarding (Shemos 22:6-14; Bava Metzia 93a).

(c)Rebbi Tachlifa from Eretz Yisrael taught that the reason why an Apotropos appointed by the father of the orphans must swear that nothing belonging to them remains in his possession is that he is a Shomer Sachar.

91)[line 39]את אייתת קבא וכיילת ליה?AT AISAS KAVA V'CHAILAS LEI?- did you bring a measuring basket and mete out [his wages] to him? [An Apotropos receives no wages!]

92)[line 40]כנושא שכרK'NOSEI SACHAR- similar to a Shomer Sachar [since he would not have agreed to the appointment had he not benefited from the deceased in the past]

93)[line 40]המטמאHA'METAMEI - How Spiritual Impurity is Spread

(a)All objects belong to one of three categories:

1.Sources of Tum'ah

2.Objects that can become Tamei

3.Objects that cannot become Tamei

(b)All sources of Tum'ah are called 'Av ha'Tum'ah' (a father of Tum'ah), except for a corpse, which can generate more Tum'ah than any other object and is therefore referred to as the "Avi Avos ha'Tum'ah." All levels of Tum'ah below Av ha'Tum'ah are referred to as Vlad ha'Tum'ah (a 'child' of Tum'ah).

(c)When one object makes another object Tamei, the second object has a weaker Tum'ah than the first. If something becomes Tamei from an Av, it is called a Rishon l'Tum'ah. A Rishon makes a Sheni l'Tum'ah.

1.Liquids are an exception to this rule. The Chachamim decreed that liquids should always be a Rishon, even if touched by a Sheni.)

(d)Utensils, foods, and Jewish people, can become Tamei, as follows. (Other animate or inanimate objects cannot become Tamei.)

1.Utensils made from the metals listed in the Torah (Bamidbar 31:22), or from wood, leather, fibers produced from hair or plants, bone, and earthenware (Cheres), can become Tamei. All but earthenware can be either an Av ha'Tum'ah or a Rishon l'Tum'ah; earthenware can only be a Rishon l'Tum'ah (RASHI Eruvin 104b DH Lo).

2.Foods and liquids can only become a Rishon l'Tum'ah or lower. Food which is Chulin may attain the status of a Rishon l'Tum'ah or a Sheni l'Tum'ah; Terumah may attain the status of even a Shelishi l'Tum'ah; and Hekdesh may attain the status of even a Revi'i l'Tum'ah.

3.Jewish people can become Avos ha'Tum'ah (by touching a corpse), an Av ha'Tum'ah, or a Rishon. Chazal decreed that a person's hands can become Sheni l'Tum'ah; see Background to Gitin 15:26. Chazal also decreed that a person can become a Sheni l'Tum'ah or Shelishi l'Tum'ah by eating foods that are Tamei (see Shabbos 13b).

(e)Our Mishnah discusses one who caused an object belonging to another to come into contact with a Tamei object.

94)[line 40]המדמעHA'MEDAME'A - one who created a mixture of Terumah and Chulin (MEDUMA)

(a)The Rabanan decreed that Terumah (see above, entry #4) accidentally mixed with Chulin (food from which Terumos and Ma'asros have been separated) in such a manner that it is impossible to differentiate between them is Batel (nullified) only when the proportion of Chulin to Terumah is at least 100:1. When Terumah is Batel in such a manner, the mixture may be eaten by a non-Kohen only after the equivalent of the amount of Terumah that was lost is removed and given to a Kohen.

(b)If the proportion of Chulin to Terumah in the mixture is less than 100:1, it is known as Meduma or Dimu'a (lit. mixed), and non-Kohanim may not eat it. (According to TOSFOS to Chulin 99a DH Ein, this law applies only when the Terumah is the same type of food as the Chulin; if the Terumah and Chulin were two distinct foods, then Terumah is Batel in a majority just as most other Isurim are.)

(c)Our Mishnah discusses one who mixed Terumah belonging to another with less than 100 times that amount of Chulin.

95)[line 40]המנסךHA'MENASECH - one who poured wine as a libation to an idol (YAYIN NESECH)

(a)One may not derive any benefit from wine poured as a libation to an idol. This is derived from the verse (Devarim 32:38) which equates such wine to an animal sacrificed to an idol. Wine poured as a libation to Avodah Zarah is termed Yayin Nesech.

(b)The Chachamim prohibited one from drinking wine belonging to a Nochri even when it had not been poured as a libation (Stam Yeinam) out of concern that Jews and Nochrim drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim additionally instituted that one may not derive any benefit from Stam Yeinam. Although this prohibition is only mid'Rabanan in nature, it is very severe (see Chochmas Adam 75:1).

(c)Our Mishnah discusses one who prohibited the wine of another by causing it to acquire the status of Yayin Nesech (wine poured as a libation to an idol).

96)[line 40]פטורPATUR- he is exempt [from making remuneration]

97)[line 41]מערבME'AREV- one who mixes [kosher wine with Yayin Nesech, thereby rendering it prohibited]

98)[line 42]קם ליה בדרבה מיניהKAM LEI BID'RABAH MINEI - He Remains with the Greater of Them

(a)Should one be liable to receive two punishments for a single action, whether they are both corporal or one corporal and one monetary, then he receives only the more severe punishment and is exempted from the less severe one. This is known as "Kam Lei bid'Rabah Minei" - "he remains with the greater of them". For example, one who stabs another to death will receive the death penalty, but will be exempt from paying for the shirt ruined by the stabbing.

(b)The Gemara (Kesuvos 31a) discusses the definition of a single action for the purposes of Kam Lei bid'Rabah Minei. According to one opinion, an entire series of actions that are necessary for the transgression of a sin constitute a single action with regard to Kam Lei bid'Rabah Minei.

(c)Although Beis Din cannot hold one responsible for damages, etc. when he receives a more severe punishment, he will be held responsible for them by the Heavenly court.

(d)There are a number of situations in which this rule may not apply:

1.Rebbi Meir is of the opinion that only a death penalty will absolve one from other punishments. One who is liable to receive Malkus (lashes) must pay in addition to receiving Malkus (Kesuvos 33b).

2.An unintentional sin does not result in a punishment. Whether the unexecuted punishment is enough to exempt one from payment is the subject of a Machlokes Amora'im. If the sin was one that would have warranted Malkus, Rebbi Yochanan rules that since the Malkus were not delivered, the sinner is not exempt from monetary liability. Reish Lakish maintains that the act was one that is punishable by Malkus and therefore exempts the sinner from payment even when the Malkus are not actually delivered. Rav Dimi understands that this same Machlokes applies in a case in which the undelivered punishment was the death penalty; Ravin maintains that in this case both Rebbi Yochanan and Reish Lakish agree that Kam Lei bid'Rabah Minei is applicable (Kesuvos 34b-35a).

3.In certain cases in which the payment is due to one other than the victim, the sinner may be liable to pay even when his action is also punishable by the death penalty or Malkus.

(e)Our Gemara suggests that one who offers wine of another as a libation to an idol would be exempt from paying for it since his action is also punishable by Sekilah (stoning).

99)[line 43]הגבההHAGBAHAH- lifting (a way of acquiring a movable object; see above, entry #60)

100)[line 43]מתחייב בנפשו לא הויMISCHAYEV B'NAFSHO LO HAVEI- lit. he is not responsible for his soul; i.e., he does not incur the death penalty