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Bava Kama 59

1) [line 2] OMDOS LIBATZER - ready to be cut

2a) [line 5] LULEVEI GEFANIM - (O.F. vedile) tendrils; thin, edible branches of the grape vine (RASHI Shabbos 81a)
b) [line 5] YICHUREI TE'ENIM - a young shoot of the fig tree
3a) [line 6] PAGIM - unripe fruits; in this case, figs
b) [line 6] BOSER - unripe grapes

4) [line 13] "[KI YAV'ER ISH SADEH O CHEREM, V'SHILACH ES BE'IROH, U'VI'ER BI'SDEH ACHER;] MEITAV SADEHU U'MEITAV KARMO YESHALEM." - "[If a man shall cause a field or vineyard to be eaten, and shall send in his beast that will feed in another man's field;] of the best of his field, and of the best of his vineyard, shall he make restitution." (Shemos 22:4)

(a) If a person cannot pay back his debts, the creditor can receive payment by transferring ownership of a plot of land of the debtor into his hands. For this purpose, Chazal classified plots of land using three levels of quality: Ziburis - the poorest quality, Beinonis - average quality, and Idis - the highest quality. Damages (Nezikin) are reimbursed with Idis. Standard loans (Halva'os) and debts (Chovos) are repaid using Beinonis. The value of a Kesuvah or debts owed by orphans for claims on their father's estate are paid using Ziburis.
(b) Rebbi Yishmael rules that according to the Torah, the levels of quality for fields used for restitution of damages are determined based upon the property of the Nizak (the person whose property was damaged). Later, in order to force people to be more careful not to damage private property, the Rabanan decreed that the levels of quality for fields used for restitution was to be determined based upon the property of the Mazik (the person who was responsible for the damage). For example, if the poorest quality of field in the possession of the Mazik is the same quality as the best field of the Nizak, according to the Torah law, the Mazik would only have to reimburse the Nizak with property of this quality. According to the Rabanan, due to Tikun ha'Olam ("for the well-being of the world"), the Mazik must reimburse the Nizak with the best property that he has.
(c) Rebbi Akiva rules that according to the Torah, the levels of quality for fields used for restitution of damages are determined based upon the property of the Mazik.

6) [line 16] IDIS - land of the highest quality

7a) [line 18] ARUGAH BEIN HA'ARUGOS - one vegetable patch among other patches [some of which were robust and some of which were weak]
b) [line 19] KECHUSHAH - (lit. weak) a row that yields a scant amount of produce

8a) [line 20] SHEMEINAH - a row that yields an abundant amount of produce
9) [line 20] KUM SHELIM SHEMEINAH B'MEITAV D'IKA HASHTA - get up and pay for a robust row with the Meitav that exists now

(a) The general rule in monetary claims is that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person. Hence, when there is a doubt, all money remains with the one who has possession.
(b) In our Gemara, according to Rav Idi the Nizak must prove that the produce that was damaged or eaten was of the highest quality in order to receive payment for such produce.

11) [line 23] B'MEITAV DEL'KAMEI - [Rebbi Yishmael's "Meitav" refers to paying] with Meitav of "later," meaning the value of the crops (that were destroyed) assessed according to the finest, most superior quality that they would have become

12) [line 23] KI HA'ICH D'SALIK - like when it has grown and matured
13) [line 30] KEROCH V'TANI - "fold it" and read [additional words] in the Mishnah

14a) [line 35] KECHASH GUFNA - the weakening of the vine itself (that occurs when grapes are left on the vine to become fully grown)
b) [line 35] V'LO MESAIMEI - and we do not have a conclusion about who said what

15) [line 37] 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 Background to Bava Kama 32:19). The man must also marry the girl and never divorce her, if the girl wishes to be his wife.

16a) [line 40] NAKI CHAYAH - subtracting the amount of money that the husband would have paid to the midwife
b) [line 41] NAKI MEZONOS - subtracting the amount of money that the husband would have paid for the extra food that his wife would have eaten due to her pregnancy (RASHI), or due to her labor (RABEINU CHANANEL cited by Shitah Mekubetzes), or that she would have eaten while nursing the baby (RASHBA), or the extra food that he would have had to buy to support the child until age six (RA'AVAD)

DEMEI VELADOS - the value of fetuses
(a) When a pregnant woman miscarries after being struck accidentally by a person, the verse states "Ka'asher Yashis Alav Ba'al ha'Ishah..." - "for whatever the husband will sue him, he will pay [i.e. the value of fetuses], as determined by the courts" (Shemos 21:22).
(b) Rebbi Yosi says that the perpetrator must pay the value of the fetus minus the amount that the husband would have had to pay the midwife (and certainly he subtracts the value of the extra food that the woman would have eaten during labor).
(c) Ben Azai says that the perpetrator must pay the value of the fetus minus only the value of the extra food that the husband would have had to buy.

17) [line 44] SHAMU DIKLA AGAV KETINA D'AR'A - they assessed the value of a date-palm together with the plot of land that it was on

18a) [line 45] DIKLA D'ARAMA'AH - an Aramean date-palm (whose fruits are not worth as much)
b) [last line] DIKLA PARSA'AH - a Persian date-palm (whose fruits are very valuable)

19) [last line] ELIEZER ZE'IRA - Eliezer Ze'ira (the young, or small, one)


20a) [line 1] HAVAH SAYEM MESANEI UCHMEI - he was wearing black shoes
b) [line 1] V'KAI B'SHUKA D'NEHARDE'A - and standing in the marketplace of Neharde'a

21) [line 2] ASHKECHUHU D'VEI REISH GALUSA - members of the household of the Reish Galus found him

22) [line 5] SAVUR YUHARA HAVAH; ASYUHA V'CHABSHUHA - they thought that it was arrogance; they took him and imprisoned him

23) [line 6] GAVRA RABAH - a great, important person (a Talmid Chacham)
24) [line 9] HAI MAN D'KATZ KUFRA - a person who cut down a young date plant
25) [line 10] V'HA HAVU TAMREI - but it will eventually give (grow) dates
26) [line 14] SHADRU KAMEI DI'SHMUEL - they sent [the question] before Shmuel
27) [line 15] SHAVKUHU - they let him go
28) [line 17] MIDI D'TZARICH LA'SADEH - something that needs the field [in order to grow and survive]

29) [line 17] B'EINAIHU BA'I SHELUMEI - [their total value] in their present state he must pay

30) [line 18] DAN RAV K'REBBI MEIR - Rav judged like Rebbi Meir

31) [line 19] KASAV LA'RISHON V'LO CHASMAH LO - a man wrote a contract giving his field to a first person, and the man's wife did not sign it

32) [line 23] HA'MAGDISH - one who makes piles of crops
33) [line 26] AD SHE'YEKABEL ALAV BA'AL HA'BAYIS LISHMOR - until the owner of the field accepts upon himself to guard [the items that the guest brings in]

34) [line 27] NATAR BEI DAREI - the guard of the threshing house
35) [line 28] HA'SHOLE'ACH ES HA'BE'EIRAH - he who sends a fire (which damages the property of another person)

36a) [line 28] CHERESH - a deaf mute

b) [line 28] SHOTEH - (lit. a fool) a person who is mad or deranged
(a) A person is classified as a Shoteh if he regularly, because of madness, destroys or loses that which is given to him, sleeps in a cemetery, goes out alone at night or tears his clothes (Chagigah 3b). According to the RAMBAM (Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits any form of irrational behavior.
(b) A Shoteh is exempt from performing Mitzvos, is not punished for his transgressions and is not liable for the damages that he causes. His purchases and sales are meaningless and are not binding.
c) [line 28] KATAN - a minor (a boy under the age of 13 and a girl under the age of 12)

37) [line 28] PATUR B'DINEI ADAM V'CHAYAV B'DINEI SHAMAYIM - he is exempt from laws of man, but he is liable by the laws of Heaven

38) [line 29] PIKE'ACH - a person with full faculties; the opposite of a Cheresh
39) [line 29] UR - a flame
40) [line 31] LIBAH - set a glowing coal aflame
41) [line 32] GACHELES - a coal
42) [line 33] SHALHEVES - a burning coal (on fire), or flame

43) [last line] TZAVSA D'CHERESH GARMAH LO - (a) the [irresponsible] *grip* of the Cheresh caused [the fire to do damage]; (b) according to the Girsa "Tzavsa" (same pronunciation but with two letters Vav instead of the single letter Veis) - the "company" of the Cheresh caused [the fire to do damage]. The case of damage by the fire is considered the direct result of the actions of the Cheresh, in contrast to the case of the Shor or the Bor, where the Cheresh did not actually bring about the damage but rather he merely did not prevent it (both explanations, RASHI to Bava Kama 9b)

44) [last line] GAVZA - firewood

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