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Bava Kama 41

BAVA KAMA 41 - Sponsored by the generous contributions of an anonymous donor in Manchester, England. May he be blessed with a Kesivah va'Chasimah Tovah, and a year of physical and spiritual growth and prosperity.

1) [line 9] ME'USEH - coerced

(a) The term Shor ha'Niskal refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. One of the instances of Shor ha'Niskal is an animal that killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a.
(b) In the event that an animal killed a person, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

3a) [line 12] EVED - a Nochri slave
b) [line 12] AMAH - a Nochri maidservant
4) [line 16] AMDUHU LI'SHELOSHAH BENEI ADAM - the bull ran after three people consecutively and it was estimated that had they not run away, it would have killed them

5) [line 18] SIKEN LI'SHELOSHAH BENEI ADAM - the bull gored three people consecutively and caused the first two to become Gosesim (moribund), and they all died after the third goring

A Tereifah is a person who had acquired or was born with a fatal defect that will result in his death within a year. (There are some who maintain that a Tereifah can live for more than a year -- see Chulin 42a-b)

7) [line 24] SHALEM - (lit. whole) a healthy person
8) [line 25] KATAL V'ARAK L'AGMA - if killed and ran away to the marshes (the first two times)

(a) If two witnesses testify to a crime or an event and a later set of witnesses contradict their testimony by saying that the crime or event did not take place exactly as the first set of witnesses testified, all of the witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later set of witnesses *disqualify* their testimony by saying that the first set of witnesses were with them in a different place at the time that the first set of witnesses claim that the act took place, the first witnesses are termed Edim Zomimin (conspiring witnesses). The Torah commands that the second set of witnesses be believed, rather than the first. In general, Edim Zomemim are punished with the punishment they tried to cause. (Devarim 19:16-21; see Mishnah Makos 5a)

10a) [line 28] L'YE'UDEI SORA - to designate the status of the ox as a Shor ha'Mu'ad if it gored on three separate days
b) [line 28] L'YE'UDEI GAVRA - to warn the owner on three separate days to guard his ox, at which point he will be liable to pay for full damages (see Insights here and to Daf 24b)

11) [line 33] TORA NAGCHANA IS LACH B'VAKRACH - you have a goring bull among your cattle

12) [line 34] IBA'I LACH NETUREI KULEI VAKRACH - you must guard all of your cattle

13) [line 36] "[V'CHI YIGACH SHOR ES ISH O ES ISHAH VA'MES,] SAKOL YISAKEL HA'SHOR, V'LO YE'ACHEL ES BESARO, U'VA'AL HA'SHOR NAKI." - "[When an ox gores a man or woman and [the person] dies,] the ox must be stoned, and its flesh may not be eaten, and the owner of the ox is exonerated." (Shemos 21:28)

14) [line 36] NEVEILAH
A Neveilah is a carcass of an animal that died without a Halachic slaughtering. The Torah states, "You shall not eat anything that dies by itself (Neveilah). You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a Nochri, for you are a holy people to HaSh-m, your Elokim" (Devarim 14:21). The flesh of a Neveilah is prohibited to be eaten, and a k'Zayis or more of a Neveilah makes an object Tamei through Maga (contact) and Masa (carrying).

15) [line 39] L'ACHAR SHE'NIGMAR DINO - (lit. after its case was finished) after the death sentence was issued

16) [line 50] K'DERECH SHE'PARAT LECHA BI'NEVEILAH - like the Torah specifies with regard to Neveilah (Devarim 14:21, see above, entry #14), that it is permitted to benefit from it

17) [line 51] L'GER BI'NESINAH UL'OVED KOCHAVIM B'MECHIRAH - the verse (Devarim 14:21) states the term "Nesinah" (giving) for a Ger Toshav (see Background to Kidushin 20:23b) and "Mechirah" (selling) for an idol worshipper. In either case, it is evident that it is permitted to derive benefit from the Neveilah.

18a) [line 54] IY NAMI "LO YE'ACHEL;" "ES BESARO" LAMAH LI? - or [just the words] "v'Lo Ye'achel" [stopping there]. Why [did the verse continue and state the words] "Es Besaro?"
b) [last line] AF AL GAV D'AVDEI K'EIN BASAR, D'SHACHATEI, ASUR - [To teach us that] even though one were to slaughter it like [any other Kosher animal whose] flesh [is permitted after ritual slaughter], it is prohibited


In order to perform Shechitah (ritual slaughter) properly, the slaughtering knife (or other sharp instrument, such as a stone) has to be checked to make sure it is not nicked in the slightest way.

20) [line 1] TZUR - a sharp stone
21) [line 4] MAGAL YAD - a sickle
22) [line 4] KANEH - a [dried, hard] reed
*23*) [line 5] V'HASHTA D'NAFKA LEI ISUR ACHILAH V'ISUR HANA'AH MI'"LO YE'ACHEL", "BA'AL HA'SHOR NAKI" LAMAH LI? - (the Gemara now asks what Rebbi Avahu in the name of Rebbi Elazar learns from the words "u'Ba'al ha'Shor Naki," since he learns the prohibitions of eating and deriving benefit from the words "Lo Ye'achel")

24) [line 12] ES HA'TAFEL LI'VESARO - that which is subordinate to its flesh
25) [line 14] SHIMON HA'AMSUNI - Shimon of Amson, an early settlement. (According to the Gemara (Yerushalmi Berachos 9:5 and Sotah 5:5), Shimon (or Nechemyah) ha'Amsoni learned under Rebbi Akiva for 22 years. As such, after the *student* abandoned his teachings, the *Rebbi* completed the work.)

26) [line 17] PIRESH - he desisted

27) [line 22] CHATZI KOFER
(a) If a person's Shor ha'Mu'ad kills another person, the owner of the bull is Chayav Misah b'Yedei Shamayim and the bull is put to death by stoning. The owner 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).
(b) If a Shor Tam kills a person, although the bull is put to death, the owner does not have to pay Kofer, according to most Tana'im. (According to Rebbi Yosi ha'Gelili -- Bava Kama 26a -- a Tam pays Chatzi Kofer when it kills a person. The amount paid as Kofer is either the owner's value (if he were sold as a slave), or the dead man's value, according to the various opinions of the Tana'im (Bava Kama 27a).

28) [line 26] SHE'HEMIS ES HA'ADAM AL PI ED ACHAD O AL PI BE'ALIM - which killed a person based upon the testimony of a single witness or the admission of its owner

29a) [line 30] NEFALIM - (lit. stillborn fetuses) an infant that is not yet thirty days old that does not have the status of a "Ben Kayama"
b) [line 30] BEN KAYAMA - an infant at least thirty days old that has a "Chezkas Chai," the assumption that it will continue living

30) [last line] TZAYAD - a fisherman
31) [last line] SHE'SHOLEH DAGIM MIN HA'YAM - who fishes from the sea

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