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Bava Kama 27

BAVA KAMA 27 (4 Elul) - dedicated l'Iluy Nishmas Chaim Yissachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.

1) [line 4] "V'NASAN PIDYON NAFSHO" - "[If ransom be laid on him,] then he shall give for the redemption of his life [whatever is laid upon him.]" (Shemos 21:30) - We are dealing with a Shor ha'Mu'ad that killed the child when it caught the falling child on its horns. The owner is liable to pay Kofer, as the verse states. According to Rebbi Yishmael beno Shel Rebbi Yochanan ben Beroka, he pays Demei Mazik (the value of the one who is responsible for the damages, i.e. the owner of the Shor ha'Mu'ad). According to the Rabanan, while he normally would pay Demei Nizak (the value of the one who was killed), in this case the owner of the Shor is exempt, since the falling child is considered to have been killed by the one who threw him off the roof.

2) [line 8] B'YEVEMTO LO KANAH (YIBUM:KAVANAH)
(a) If a married man dies childless and has brothers who survive him, his widow or widows may not remarry until one of her husband's paternal brothers performs Yibum (levirate marriage) or Chalitzah (levirate release) with one of them, as it states in Devarim 25:5-10. Chazal learn from the verses that if there are a number of brothers, there is a preference for the oldest brother to perform Yibum or Chalitzah (Yevamos 24a). If the conditions for the Mitzvah of Yibum do not exist, marital relations between a man and his brother's wife are prohibited and make them liable to the punishment of Kares.
(b) Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be accomplished only through Bi'ah and not through Kesef or Shtar (see Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that one should precede Yibum with an act similar to Kidushei Kesef or Shtar, which is known as Ma'amar (see Background to Nedarim 74:4). The Bi'ah must be performed with the intention of fulfilling the Mitzvah.

3a) [line 11] RU'ACH SHE'EINAH METZUYAH - an uncommonly strong wind
b) [line 13] RU'ACH METZUYAH - a normal wind

4) [line 14] NIS'HAPECH - he turned [in midair, directing himself to land on a certain target]

5) [line 16] "...V'SHALCHAH YADAH V'HECHEZIKAH BI'MVUSHAV." - "[When men fight together, one with another, and the wife of one draws near to save her husband from the hand of him who strikes him,] and puts forth her hand, and grabs him by his private parts." (Devarim 25:11)

6) [line 19] GACHELES - a live coal
7) [line 21] KAVASH ALAV L'SOCH HA'UR - he pressed him down into the fire [until he died]

8) [line 22] DACHAFO - he pushed him [into the fire]
9) [line 24] KERA ES KESUSI - Tear my garments!
10) [line 24] SHABER ES KADI - Break my pitcher!
11) [line 28] HADAR PASHTAH - he subsequently answered his own question

*****PEREK #3 HA'MENI'ACH*****

12) [line 30] KAD - an earthenware pitcher
13) [line 30] NISKAL - tripped
14) [line 32] CHAVIS - an earthenware barrel (in general, lager than a Kad)
15) [line 34] KORASO - his beam
16) [line 37] NISDEKAH - it cracked
17) [line 38] EIN LO ELA SECHARO - he only receives payment for his actions (not for his wine)

18) [line 39] HAINU KAD, HAINU CHAVIS - the term Kad and the term Chavis are interchangeable

19) [line 39] L'MAI NAFKA MINAH? L'MEKACH U'MEMKAR - Where are the ramifications of this? When buying and selling are concerned.

27b---------------------------------------27b

20) [line 1] EIN HOLCHIN B'MAMON ACHAR HA'ROV
Beis Din does not rule in money matters according to the majority of cases, when this involves extracting money from a litigant.

21) [line 3] IBA'I LEI L'AYUNEI U'MEIZAL - he should watch where he is going
22) [line 5] B'AFEILAH SHANU - the Mishnah is dealing with a case where the person was walking in the dark

23) [line 5] B'KEREN ZAVIS - the Mishnah is dealing with a case where the person walked around a corner

24) [line 14] B'MA'ARAVA - (lit. in the west) in Eretz Yisrael
25a) [line 16] NEHARDE'A - a town in Babylon, seat of the Yeshiva founded by Shmuel
b) [line 17] PUMBEDISA - the location of a great Yeshiva in Bavel (lit. Mouth of Bedisa, a canal of the Euphrates) that existed for approximately 800 years. The scholars of Pumbedisa were known for their keen intellect (Bava Metzi'a 38b). To emphasize its importance as a Torah center, Rabah and Rav Yosef stated that just as one is prohibited from leaving Eretz Yisrael to Chutz la'Aretz, so too is one prohibited to leave Pumbedisa (Kesuvos 111a).

26) [line 19] KARNA D'ATZRA - at the outside corner of the house that contains a wine press or olive press

27) [line 21] LI'RECHUVAH SHALOSH - for [an injury inflicted by one's] knee, [the judges fined the offender] three [Sela'im as a payment of Boshes]

28) [line 22] LI'BE'ITAH - for [an injury inflicted by] kicking
29) [line 22] SENOKERES - for an injury inflicted by hitting a person with a donkey-saddle

30a) [line 23] PANDA D'MARA - for an injury inflicted by hitting a person with the handle of a hoe
b) [line 23] KOFINA D'MARA - (O.F. fossoir - a hoe) Kofina is the hole of a hoe (that secures the blade of the hoe to its handle). In this case, the attacker hit the victim with the blunt edge of the hoe blade, which is nearer to the hole of the hoe (ARUCH)

31) [line 24] KENASA KA MAGVIS B'VAVEL!? - Are you collecting fines in Bavel (a judicial process which needs Dayanim Semuchim -- ordained judges) [who do not exist in Bavel]?

32) [line 25] EIMA LI, GUFA D'UVDA HEICHI HAVAH - Tell me, what was the incident?

33) [line 26] HA'HU GARGUSA D'VEI TEREI - There was a certain irrigation well that belonged to two people

34) [line 27] HAVAH DALI CHAD MINAIHU - one of them would draw [the water to irrigate his fields]

35) [line 28] LO ASHGACH BEI - he paid no intention to him
36) [line 29] SHAKAL - he picked up
37) [line 29] MACHYEI - he hit him
38) [line 30] ME'AH PANDEI B'FANDA L'MACHYEI - he could even hit him one hundred times with the handle!

39) [line 30] LO AVID INISH DINA L'NAFSHEI
A person may not take the law into his own hands.

40) [line 38] LEIZIL KAMEI DAYANA - he should come [to court,] before the judges
41) [line 39] KEIVAN DEB'DIN AVID, LO TARACH - since he is executing the latter of the law, he need not trouble himself [to travel to court]

42) [line 40] BEN BAG BAG - Rebbi Yochanan ben Bag Bag, one of the Tana'im

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