[33a - 47 lines; 33b - 50 lines]
1)[line 3]קרובין בנשותיהןKEROVIN BI'NESHOSEIHEN - relatives through their wives (EDUS: PESULEI KURVAH)
(a)The Mishnah (see Sanhedrin 24b, and Gemara there; Rosh Hashanah 22a) lists the people who are Pesulei Edus, those people who are disqualified to judge or to give testimony. Among them are relatives, who may not join together in one set of witnesses or one court. Similarly, relatives of the litigants are disqualified. However, only close relatives are disqualified, such as parents, siblings, and cousins (see Background to Bava Basra 128a).
(b)In our Sugya, the two witnesses of the second set were unrelated when they saw the event (TOSFOS) and then married sisters (RASHI). Other Rishonim explain that both witnesses were related to one of the litigants (RABEINU CHANANEL).
2)[line 4]רוב גוססים למיתהROV GOSESIM L'MISAH- most people who are deathly ill die rather than get well
3a)[line 7]פקדוןPIKADON- an object or sum of money given to another person to guard (the Torah lists the following types of monetary claims in Vayikra 5: 21-22, in the context of Shevu'as ha'Pikadon; see Background to Shevuos 32:1a)
b)[line 7]ותשומת ידTESUMES YAD- [money given to another person as] a fellowship - for the purposes of our Mishnah, a loan
c)[line 7]וגזלGEZEL- stolen goods
d)[line 8]ואבידהAVEIDAH- an object that was lost [and subsequently found by another person]
4)[line 11]חייבין על כל אחת ואחתCHAYAVIN AL KOL ACHAS V'ACHAS- they must bring a separate Korban Oleh v'Yored for each type of claim regarding which they swore that they do not know testimony
5a)[line 13]חטיןCHITIN- wheat
b)[line 13]ושעוריןSE'ORIN- barley
c)[line 14]וכוסמיןKUSMIN- spelt
6a)[line 19]נזקNEZEK- the payment for damages caused by a Shor ha'Mu'ad (see next entry)
b)[line 19]וחצי נזקCHATZI NEZEK - the payment for damages caused by a Shor Tam (SHOR TAM / SHOR HA'MU'AD)
(a)A bull that gores one or two times is called a Shor Tam. The owner pays only half the value of the damages (Chatzi Nezek) that his bull causes in this manner. In addition, the owner of the bull that causes the damage never has to pay more than the value of the bull that damaged. That is, payment for the damages is taken from the animal itself that caused the damage ("mi'Gufo") (Shemos 21:35).
(b)If the bull gored three times or more, and the owner was informed and warned to guard his bull each time, the bull is termed a Shor ha'Mu'ad. When a Mu'ad causes damage, the owner must pay the full value of the damages (Nezek Shalem) that his bull causes through goring, even if it is greater than the value of the goring bull itself ("Min ha'Aliyah") (Shemos 21:36).
(c)If the bull (Tam or Mu'ad) killed a person, then it is put to death (Shemos 21:29).
7)[line 19]תשלומי כפל / ותשלומי ארבעה וחמשהTASHLUMEI CHEFEL / TASHLUMEI ARBA'AH VA'CHAMISHAH - a thief's double restitution / a thief's quadruple and quintuple restitution for the theft and subsequent slaughter or sale of a sheep or bull, respectively (KEFEL / ARBA'AH VA'CHMISHAH)
(a)If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel."
(b)For a further discussion of the topic of Kefel, see Background to Bava Metzia 56:9.
(c)If the object that was stolen was a live sheep or bull, and the thief either slaughtered or sold it, the Torah (Shemos 21:37) places an even stiffer fine on the thief. In the case of a stolen sheep (or goat) that was slaughtered or sold, the thief must compensate the owner a total of four times its actual value ("Arba'ah"), while in the case of a stolen bull that was slaughtered or sold the thief must compensate the owner a total of five times its actual value ("Chamishah"). This law does not apply to any other object or animal that is stolen. Chazal (Bava Kama 79b) explain that the Torah was more lenient with a person who steals a sheep than with one who steals a bull, since he already suffered a somewhat demeaning experience of walking with a sheep on his shoulders (as opposed to the bull-thief, who presumably led the bull on foot before him).
(d)For a further discussion of the topic of Arba'ah v'Chamishah, see Background to Makos 4:17.
8)[line 20]ושאנס / ופתהANAS / PITAH (ONES / PITUY)
(a)ONES - If a man rapes a girl (between the ages of 12 and 12 1/2, according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim - Kesuvos 29a), he must pay her father a fine of fifty Shekalim, as stated in the Torah (Devarim 22:28). This amount is the equivalent of a Kesuvah (dowry) of a virgin and is in addition to the payments of Pegam, Boshes, and Tza'ar (Kesuvos 39a, see below, entry #10:1, 2, 5). The man must also marry the girl and never divorce her, if the girl wishes to be his wife.
(b)MEFATEH - If a man seduces a girl (between the ages of 12 and 12 1/2, according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim - Kesuvos 29a), and the girl or her father refuses to let him marry her, or if the man chooses not to marry her, he must give the father of the girl fifty Shekalim. This amount is the equivalent of a Kesuvah of a virgin and is in addition to the payments of Pegam and Boshes (see below, entry #10:1, 5; the seducer does not pay the payment of Tza'ar - Kesuvos 39b). If he chooses to marry her and they consent, the man is not obligated to pay anything to the girl or to her father at the time of the marriage. If he later divorces her, he must give her the Kesuvah of a virgin upon her divorce (Shemos 22:16).
9)[line 21]ושהכני בניHIKANI BENI - my son struck me (CHOVEL B'AV V'EM)
(a)A person who strikes his father or mother such that blood flows from the wound, after having received a proper warning that the act is punishable with death, is liable to the death penalty of Chenek (choking), as it states in the Torah (Shemos 21:15).
(b)If blood does not flow from the wound when the person strikes his father or mother, the penalty is the same as the five payments of Chovel b'Chaveiro, one who strikes his fellow man (see Background to Sanhedrin 78:30). (RAMBAM Hilchos Chovel u'Mazik 4:7)
(c)RASHI differentiates between the word "Hikani" - "he struck me" of our Mishnah and the words "Chaval Bi" - "he wounded me" of the Mishnah on Amud Beis. "Hikani" refers to the wound from which blood does not flow while "Chaval Bi" refers to the wound from which blood does flow.
10)[line 22]ושחבל בי חבירי ושהדליק את גדישי ביום הכפוריםCHAVAL BI CHAVEIRI VESHE'HIDLIK ES GADISHI B'YOM HA'KIPURIM (YOM HA'KIPURIM: CHOVEL U'MAZIK)
(a)A person who wounds his fellow Jew (Chovel b'Chaveiro) is obligated to pay five payments to the victim, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are:
1.NEZEK (Damages, also known as Pegam) - If one causes damage to the person of a fellow Jew, such as blinding his eye, cutting off his hand or breaking his foot, Beis Din assesses the damages that he caused based on the depreciation such damages would cause to a slave on the slave market.
2.TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount that the injured person would be ready to pay to have the identical injury inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if no other damage (other than the pain) was inflicted - for example, if one person burned another's fingernail without causing a wound. The amount of this payment ultimately depends upon the physical and financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).
3.RIPUY (Medical expenses) - He must pay all medical costs until the injured person heals completely from his wounds.
4.SHEVES (Unemployment) - He must pay unemployment for the duration of the injured person's recovery. Sheves is evaluated as if the injured person is protecting a pumpkin patch from birds, a job that requires only minimal exertion and can be accomplished even by an invalid. (The money that the injured person loses due to his permanent handicap, though, is covered by the Nezek payment.)
5.BOSHES (Shame) - Boshes is evaluated based on the status of the person who caused the embarrassment and the status of the person who was embarrassed. According to most opinions, the shame caused by an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420, and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an average person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Mefateh - see above, entry #8 - which follow the previous opinion). With regard to a person who was embarrassed, shame caused to a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).
(b)A person who wounds someone (or who burns a pile of grain) on Yom ha'Kipurim is liable to Kares for having transgressed a prohibited Melachah of Yom ha'Kipurim. Our Gemara states that the Tana of our Mishnah argues with Rebbi Nechunya ben Hakanah, who rules that being liable to Kares exempts a person from monetary restitution (Pesachim 29a, Kesuvos 30a), according to the principle of Kam Lei bid'Rabah Minei (see below, entry #19). Our Tana rules that even though the person is liable to Kares, he must also make monetary restitution for the damages he caused.
(a)The laws of Kenasos (fines) are one category of Dinei Mamonos, laws of monetary matters. Kenasos, which were only imposed by judges of Eretz Yisrael who were Semuchin (ordained), are either a fixed sum of money or an amount more than or less than the damage caused. It is not normal compensation, which is termed "Mamon."
(b)In every case of Kenas, the guilty party does not have to pay the Kenas if he admits to his liability of his own accord. Only if witnesses testify to his guilt in court must he pay.
(c)Some examples of Kenas are:
1.Kefel and Arba'ah v'Chamishah (see above, entry #7),
2.Payments of 50 Shekalim paid to the father of a Na'arah who was raped or seduced (see above, entry #8),
3.The 100 Shekalim paid to the father of a Na'arah whose husband was Motzi Shem Ra about her (see below, entry #21),
4.The thirty Shekalim paid to the owner of a Kena'ani slave who was killed by another person's bull (see Background to Bava Kama 42:9).
12a)[line 25]יבואו עדים ויעידוYAVO'U EDIM V'YA'IDU- [Rebbi Elazar b'Rebbi Shimon rules:] Let the witnesses come and testify [even after the defendant admitted to his guilt (which would normally have exempted him from the payment of Kenas - see below, entry #14:d), but after the witnesses testify, he will be liable to pay the Kenas (Bava Kama 75a). As such, testimony demanded for a claim of Kenas can lead to a monetary claim and witnesses can become liable for Shevu'as ha'Edus.
b)[line 26]מודה בקנס ואחר כך באו עדים, פטורMODEH BI'KENAS V'ACHAR KACH BA'U EDIM, PATUR- [the Rabanan argue and rule that] a defendant who admits to his guilt is exempt from paying Kenas, even if witnesses came afterwards
13)[line 27]ורבנן דהתם כמאן סבירא להו?V'RABANAN D'HASAM K'MAN SEVIRA LEHU?- and the Rabanan of that [Sugya, i.e. Bava Kama 75a], to which opinion do they ascribe (with regard to the question of Davar ha'Gorem l'Mamon k'Mamon Dami or not - see Gemara Daf 32a and Background to Shevuos 32:10)?
14)[line 36]פלגא נזקא ממונא / קנסאPALGA NIZKA MAMONA / KENASA
(a)A bull that gores with its horns one or two times is called a Shor Tam. The owner only pays half the value of the damages (Chatzi Nezek) that his bull causes in this manner.
(b)If the bull gored three times or more, the bull is termed a Shor ha'Mu'ad, and the owner must pay the full value of the damages. See above, entry #6b:a-b.
(c)The Amora'im (Bava Kama 15a) argue as to why the Torah decreed that the owner of a Shor Tam pays Chatzi Nezek and not Nezek Shalem. One opinion holds that by law he should pay Nezek Shalem because he did not guard his bull properly, but the Torah was lenient (since the bull has not been proven to be a harmful animal) and exempted him from half of the damages. According to this opinion, Chatzi Nezek is "Mamona" (compensation) and not "Kenasa" (a fine imposed by the Torah). The other opinion feels that by law the owner should be entirely exempted from paying the first three times that his bull causes damage, since bulls are relatively docile and do not have to be constantly watched to prevent them from causing damage. Even so, the Torah imposed upon him a fine of Chatzi Nezek, so that he should guard his bull more carefully in the future. According to this opinion, Chatzi Nezek is Kenasa and not Mamona.
(d)One of the ramifications that arises as a result of the argument as to whether Chatzi Nezek is Mamona or Kenasa is when the owner of the bull admits, without the testimony of witnesses, that his bull caused damage. According to the opinion that maintains Palga Nizka Mamona, he must pay for half of the damages. But the opinion that maintains Palga Nizka Kenasa rules that he is exempt from payment since, as a rule, a person does not have to pay Kenas if he admits to his guilt of his own accord.
15)[line 38]בחצי נזק צרורותCHATZI NEZEK TZEROROS
(a)If one's animal caused damage to another person's property in an indirect manner - that is, with the force of its body but without its body coming into direct contact with the damaged item, such as by walking and kicking up pebbles that - through the ballistic action caused by the force of the animal's body - caused damage, the owner is obligated to pay restitution for the damage.
(b)The Tana'im argue what the extent of the owner's liability is in such a case (Bava Kama 17b). Sumchus maintains that he is obligated to pay for the full damage (Nezek Shalem). The Rabanan maintain that there is a Halachah l'Moshe mi'Sinai that the owner is obligated to pay for only half of the damage (Chatzi Nezek). Both opinions rule that the payment for Tzeroros is "Mamona" (compensation) and not "Kenasa" (a fine imposed by the Torah).
16)[line 38]דהלכתא גמירי להHILCHESA GEMIRI LAH- we know this Halachah from the tradition that Moshe received on Mount Sinai (Halachah l'Moshe mi'Sinai)
17)[line 40]קרנאKARNA- the principle, which is Mamona, i.e. a monetary claim
See above, entry #10:a:5. The Boshes payment is also Mamona.
See above, entry #10:a:1. The Pegam payment is also Mamona.
19)[line 46]היה עושה יום הכיפורים כשבתHAYAH OSEH YOM HA'KIPURIM K'SHABBOS - he would make Yom ha'Kipurim similar to Shabbos [regarding monetary payment] (KAM LEI BID'RABAH MINEI)
(a)When one performs a single act for which he incurs two punishments, or a punishment and a monetary liability, the more severe punishment exempts the sinner from the less severe one. For example, one who stabs another to death will not have to pay for the shirt that he tore while stabbing.
(b)This rule is only true if the two punishments, or the punishment and the monetary liability are caused by a "single action." If one follows the other, even by one second, the sinner is punished with both punishments. The Gemara (Kesuvos 31a) questions what defines the difference between "a single action" and different actions. According to one opinion, the entire series of actions which define the more severe sin are considered a single action with regard to Kam Lei bid'Rabah Minei.
(c)There are a number of situations in which this rule does not apply:
1.Rebbi Meir rules that it only applies to a death penalty. One who is punishable with Malkus, though, is required to pay as well as to receive Malkus. (Kesuvos 33b)
2.If one sins b'Shogeg, Kam Lei bid'Rabah Minei does not necessarily apply (that is, since no actual punishment is executed, the potential punishment does not exempt the sinner from monetary liability), as follows: If the sin is one which warrants the death penalty, Rav Dimi holds that Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Rabah Minei applies, while Ravin says that they both agree that it applies. If the sin is one which warrants Malkus, Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bid'Rabah Minei applies. (Kesuvos 34b-35a)
3.In certain cases, if the monetary liability is paid to a person other than the victim, the sinner may be liable to pay even though he is also punished with the death penalty or Malkus.
4.When the more severe punishment is Kares, there is an argument among the Tana'im as to whether Kam Lei bid'Rabah Minei applies. Rebbi Nechunyah ben Hakanah rules that it applies, while the Chachamim argue.
20)[last line]מה שבת [מתחייב בנפשו ופטור מן התשלומין, אף יום הכפורים מתחייב בנפשו ופטור מן התשלומין]MAH SHABBOS [MISCHAYEV B'NAFSHO U'FATUR MIN HA'TASHLUMIN, AF YOM HA'KIPURIM MISCHAYEV B'NAFSHO U'FATUR MIN HA'TASHLUMIN]- just as in [transgressing a prohibition of] Shabbos [one who is liable to the death penalty is exempt from monetary compensation, so too, with regard to [transgressing a prohibition of] Yom ha'Kipurim one who is liable to the death penalty (of Kares) is exempt from monetary compensation]
21)[line 1]שהוציא איש פלוני שם רע על בתיHOTZI ISH PELONI SHEM RA AL BITI (MOTZI SHEM RA)
If a man marries a Na'arah (a 12-year-old girl who has attained physical maturity) who is a Besulah (a virgin who was never married in the past) and, after the Chupah is performed, he falsely accuses her of committing adultery and losing her virginity prior to the Chupah, he receives Malkus (lashes) for his slanderous speech (Devarim 22:18). He must also give her father 100 Shekalim and never divorce her against her will (ibid. 22:19).
22)[line 9]בן גרושה / בן חלוצהBEN GERUSHAH / BEN CHALUTZAH - the son of a woman who was prohibited to be married to a Kohen, rendering him a Chalal (CHALAL)
(a)The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow (Almanah), divorcee (Gerushah), prostitute ("Zonah" - see Background to Kidushin 77:17), or Chalalah. An ordinary Kohen (Hedyot) is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah (see Background to Sanhedrin 18:2a), and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.
(b)A Kohen who marries one of the women who are forbidden to him is liable to Malkus (lashes) (RAMBAM Hilchos Isurei Bi'ah 17:2). The Kohen himself does not become a Chalal as a result of the union (Rambam ibid. 19:1). However, he may not perform the Avodah of the Beis ha'Mikdash until he makes a vow not to marry these women again (and divorces the prohibited woman) (Bechoros 45b, Rambam Hilchos Bi'as ha'Mikdash 6:9).
(c)A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.
23)[line 13]ושחבל בי חבירי [ו]שהדליק גדישי בשבתSHE'CHAVAL BI CHAVEIRI [V']SHE'HIDLIK GADISHI B'SHABBOS
(a)See above, entry # 10.
(b)A person who wounds someone (or who burns a pile of grain) on Shabbos is liable to the death penalty of Sekilah for having transgressed a prohibited Melachah of Shabbos. All opinions rule that being liable to Sekilah exempts a person from monetary restitution (Pesachim 29a, Kesuvos 30a), according to the principle of Kam Lei bid'Rabah Minei (see above, entry #19).
24)[line 16]עד שישמעו מפי התובעAD SHE'YISHME'U MI'PI HA'TOVE'A- until they hear [the inducement to swear] from the plaintiff
25)[line 18]לא כתבינן אורכתא אמטלטליLO CHASVINAN URCHESA A'METALTELEI (URCHESA)
(a)An Urchesa is a document that a creditor gives to his agent, granting his agent the power to seize the possessions of a debtor for the creditor.
(b)Neharda'ei rule that an Urchesa is not written for a claim of Metaltelin (movable items).
26a)[line 22]אואיןO'IN- verses that contain the word "או" "O" - "or," several times, usually when items are listed
b)[line 35]"וְהָיָה כִי יֶאְשַׁם לְאַחַת מֵאֵלֶּה; [וְהִתְוַדָּה אֲשֶׁר חָטָא עָלֶיהָ]""V'HAYAH CHI YE'SHAM L'ACHAS ME'ELEH; [V'HISVADAH ASHER CHATA ALEHA]"- "And it shall be, when he shall be guilty in one of these things (mentioned above, verses 1-4), [that he shall confess that he has sinned in that thing]" (Vayikra 5:5) - Rebbi Akiva uses this verse to teach a Halachah regarding Shevu'as ha'Edus (see also Background to Shevuos 32:3).
27)[line 37]דבר אחר, פטורDAVAR ACHER, PATUR- for any other claim (besides a monetary claim), the witnesses are exempt [from bringing a Korban]
28)[line 38]"[וְנֶפֶשׁ כִּי תֶחֱטָא וְשָׁמְעָה קוֹל אָלָה,] וְהוּא עֵד אוֹ רָאָה אוֹ יָדָע; [אִם לוֹא יַגִּיד וְנָשָׂא עֲוֹנוֹ]""... V'HU ED O RA'AH O YADA..."- "[And if a person sins, and hears the demand (lit. the voice) for an oath,] and he is a witness, whether he has seen or known of it; [if he does not testify, then he shall bear his iniquity]" (Vayikra 5:1).
29)[line 41]מנה מניתי לךMANEH MANISI LECHA- I counted out one Maneh (100 Zuzim, one Zuz at a time) for you
30)[line 44]מנה הודיתה ליMANEH HODEISAH LI - You admitted to me [that you owe me] one Maneh (HODA'AH)
Hoda'ah is a legal declaration, made in front of witnesses, in which a person admits that he owes a debt to a creditor.