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Previous daf Bava Kama 36
1) [line 10] DEMEI TORA MA'ALYA BA'I SHELUMEI - he must pay the full *value*
of a bull [and it makes no difference whether the Mazik's large bull or his
small bull did the goring]!
*****PEREK #4 SHOR SHE'NAGACH ARBA'AH VA'CHAMISHAH *****
2) [line 21] IM YESH BO MOSAR - [Since the Gemara proves that Rebbi Meir
rules like Rebbi Yishmael, that the Nizak only has a monetary claim against
the Mazik, our Mishnah must be dealing with a case where the Nizak (and
subsequent Nizakim) seized the Shor ha'Mazik in order to collect his Chatzi
Nezek from it. (The Mazik will pay to the Nizakim a combined total of no
more than Chatzi Nezek of the first goring.) As such,] if there is [money]
left over [from the Chatzi Nezek of the last Nizak, it is paid to the
second-to-last Nizak for the payment of his Chatzi Nezek after he seizes the
Shor ha'Mazik, etc.]
3) [line 30] DINAR ZAHAV - a gold coin valued at 25 silver Dinerin (see
Background to Bava Kama 34:11)
4) [line 5] SHOMER SACHAR
(a) One of the "Four Watchmen" listed in Bava Metzia 93a, the Nosei Sachar,
or Shomer Sachar, is one who is paid to watch an article. He is liable for
damages in cases of Peshi'ah (negligence), theft or loss, but is not liable
in a case of Ones (an unavoidable accident).
(b) The "payment" in the case our Gemara is the benefit that each Nizak (who
is guarding the Shor ha'Mazik) gets from being assured that he will be paid
for the damage done to his animal. The owner of the Shor ha'Mazik is thus
prevented from chasing his animal into the marshes and claiming that it is
lost. Since the Shor Tam only pays from the body of the animal ("mi'Gufo"),
this would have absolved its owner from payment.
5) [line 9] PESHI'AS SHOMRIN - the negligence of watchmen (i.e. each of the
Nizakim became watchmen, respectively, when they seized the Shor ha'Mazik)
6a) [line 21] SHINENA - well-learned (sharp) person!
b) [line 21] SHEVOK MASNISIN V'SA BASRAI - leave our Mishnah, and come
after me (i.e. explain it the way I do)
7) [line 24] HA'TOKE'A L'CHAVEIRO - (lit. one who blows to [the ear of] his
Ha'Toke'a l'Chaveiro refers either to making a loud noise in someone's ear,
or to hitting a person near or on his ear (see RASHI). The Rabanan
instituted that a Sela be paid to the victim for the shame (Boshes) that he
experiences. The Sela in this case is not the Sela Tzuri, but rather a Sela
Medinah (see next entry, b).
8a) [line 28] SELA TZURI - the Sela of Kesef Tzuri, the denominations of
coins used in Tzor (Kidushin 11b, Bechoros 49b; see Background to Bava Kama
b) [line 28] SELA MEDINAH - an eighth of a Sela Tzuri, or half a Zuz/Dinar,
as there are four Zuz/Dinar in a Sela Tzuri. However, people called the Sela
Medinah an Istira, which was a silver coin equal to a Sela Tzuri (see Midos
v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 433-434).
9) [line 30] NIFLOG V'NISNI AD TREISAR V'SELA - [the Tana] could have
divided [the value of the Shor ha'Mazik yet further] and taught [another
case with a whole-number sum, where the Ba'alim of the Shor ha'Mazik and the
first Nizak] remain with twelve [Zuzim] and a Sela [Medinah], (equal to 12
10) [line 31] TANA KI RUCHLA LISNI V'LEIZIL?! - Should the Tana teach [all
of the possible cases that have different whole-number sums,] like a spice
11) [line 32] MAI HEVI ALAH? - What is the conclusion with regard to this?
12a) [line 34] KESEF TZURI - the denominations of coins used in Tzor (Tyre)
b) [line 34] KESEF MEDINAH - the provincial coinage, the value of which is
one-eighth of Kesef Tzuri
13a) [line 35] HO'IL U'FALGA D'ZUZA HU - since it (the payment for my
Boshes) is only half of a Zuz
b) [line 36] LO BA'INA - I do not want it
c) [line 36] NEISVEI LA'ANIYIM - Give it to poor
14) [line 37] NEISVEI NIHALI - Give it to me
15) [line 37] EIZIL V'AVRI BEI NAFSHA'I - and I will use it to [buy the
necessary herbs and remedies to] cure myself
16) [last line] YESOMIM EINAN TZERICHIN PRUZBUL - (PRUZBUL - A document
allowing the collections of loans after Shemitah)
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.) Most Rishonim rule that the Shemitah year cancels
loans at the *end* of the year, on the last day of the month of Elul.
(RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
(c) Hillel the Elder saw that people stopped giving loans when the Shemitah
year was approaching out of fear that that they would not get their money
back because the debt would be annulled by the Shemitah year. By doing so,
they were transgressing an express command of the Torah *not* to refuse to
lend money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the
"Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich),
effectively creating a means to avoid having Shemitah annul one's debts, as
long as the borrower owns some land (Shevi'is 10:3,6).
(d) In a Pruzbul document, one files a contract with Beis Din, before the
end of the Shemitah year, stating that he is placing all debts owed to him
into the hands of the Beis Din to collect them for him (Shevi'is 10:4). By
doing this, the creditor will not transgress the prohibition of "Lo Yigos"
when he collects the loan after Shemitah, since he will not have to approach
the borrower to collect the loan; Beis Din will take care of the collection
and he will approach Beis Din. Beis Din, too, does not have to approach the
borrower to collect the loan, since Beis Din can simply collect it
themselves using their power of "Hefker Beis Din Hefker" (RASHI to Kesuvos
89a DH Pruzbul, to Gitin 32b DH Mosrani and to Bava Basra 27a DH Pruzbul). A
Pruzbul only allows a person to collect the loan after Shemitah if the
borrower has land. It is unusual for a person to lend money to a person
without land, and the Rabanan did not institute the use of Pruzbul for
unusual loans (RASHI to Gitin 37a DH Ela and to Bava Basra 27a DH Pruzbul).
Alternatively, Pruzbul permits a person to collect a loan after Shemitah
because the moment one allows Beis Din to collect his loans, it is as if
they are already collected, and in his possession, immediately (since
nothing can stop Beis Din from collecting the loan). This is also the reason
the borrower must own land in order for Pruzbul to permit the collection of
the loan. It is only if he has land that Beis Din can easily collect the
loan. If the borrower only has movable possessions, it is possible for him
to prevent Beis Din from collecting them by hiding them from Beis Din.
Therefore they are not considered to have entered the creditor's possession
until they are actually collected as payment. (RASHI to Bava Kama 12a DH
(e) Orphans do not need a Pruzbul document since the Shemitah year does not
cancel the loans owed to their deceased father.