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Bava Kama 85

BAVA KAMA 85 (3 Cheshvan) - dedicated l'Iluy Nishmas Malka bas Menashe (and Golda) Krause, by her daughter, Gitle Bekelnitzky. Under both material and spiritual duress, she and her husband raised their children in the spirit of our fathers, imbuing them with a love for Torah and Yiddishkeit. Her home was always open to the needy, even when her family did not have enough to feed themselves.

(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael, who is Doresh Kelalei and Peratei (see below, entry #9), lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Kelal u'Frat [Ein bi'Chlal Ela Mah shebi'Frat].
(b) When a Kelal (general term) is followed by a Perat (specification), without teaching any new Halachos that pertain to that Perat, then the Halachah of the verse is limited and applies only to the Perat.
(c) Our Gemara suggests that when the Perat is distanced from the Kelal by the interruption of an additional phrase (such as is the case in the verse our Gemara is discussing, "Keviyah Tachas Keviyah, Petza Tachas Patza, Chaburah Tachas Chaburah" (Shemos 21:25), with the Perat ("Chaburah") separated from the Kelal ("Keviyah") by an additional phrase ("Petza")), Rebbi and Ben Azai argue whether we apply the rule of Kelal u'Perat or not.

2) [line 9] B'SHUFTANEI ASKINAN?! - are we dealing with fools?!

3a) [line 12] KESIFA LEI MILSA - the thing (i.e. having his flesh thrown to the dogs) is disgraceful to him
b) [line 12] L'MISHKAL MI'BESARO L'MISHADYEI LI'KELAVIM - to take from his flesh and throw it to dogs

4) [line 14] YADO HA'MUCHTAV LA'MALCHUS - his hand upon which there is a warrant from the king that it be cut off

5a) [line 15] SAM - acid (that corrodes a hole in the flesh)
b) [line 15] SAYIF - a sword

6) [line 19] LITOL ZEH MI'ZEH MAH SHE'NASAN ZEH - for this person (the Nizak) to take from this person (the Mazik) the amount that this person (one whose hand must be cut off by the verdict of the king) would give (to have his hand cut off painlessly with acid and not with a sword)

7) [line 21] NISTERAH HA'MAKAH - the wound became worse
8) [line 29] ASHKACHTINHU L'RABANAN B'VEI RAV - I found them, the Rabanan, in the house of study

9) [line 30] MAKAH NITNAH L'EGED - a wound is able and permitted to be wrapped up

10) [line 32] TANA BEI KERA - the verse repeats it
11) [line 37] "RAK [SHIVTO YITEN V'RAPO YERAPEI]" - "[He] just [must give him compensation for lost work, and he must completely heal him.]" (Shemos 21:19)

12) [line 41] MI'KAN SHE'NITAN RESHUS L'ROFEI L'RAP'OS - from here (the extra word in the phrase, "v'Rapo Yerapei") [we learn] that permission is given to a doctor to heal. See Insights to 85:1.

13) [line 49] GARGUSNI - dead flesh
14) [line 50] NA'ASA KERICHTA - dead flesh
15) [line 50] MAI ASUSEI - what is its cure?
16a) [line 50] AHALA - (O.F. aloen) aloe
b) [line 50] KIRA - wax
c) [line 50] KALBA - (O.F. resin) resin
17) [line 51] ASYACH ANA - I will heal you
18) [line 51] DAMIS ALAI K'ARYA ARBA - you are to me like a lion in ambush
19) [line 51] MAISINA ASYA D'MAGEN B'MAGEN - I will bring a cure that costs nothing

20) [line 52] ASYA RECHIKA - I will bring a cure from far away (that is very inexpensive)

21) [line 52] ASYA RECHIKA EINA AVIRA - by the time you bring a cure from far away, the eye will be blind

22) [line 53] V'IY AMAR LEI HEI'ACH - and if the other one (the Nizak) says to him (the Mazik)

23) [line 53] HAV LI L'DIDI, V'ANA MASINA NAFSHAI - give me the money, and I will heal myself

24) [line 53] PASHATA B'NAFSHACH, V'SHAKALT MINAI TEFEI?! - you harm yourself, and [for it] you take from me extra money?!

25) [line 54] KOTZ LI MEIKATZ - set for me a fixed amount


26a) [line 1] SHOGEG - unintentional [damage]
b) [line 1] MEZID - intentional [damage]
27a) [line 1] ONES - accidental [damage]
b) [line 1] RATZON - willingly [inflicted damage]
28) [line 16] V'SALIK - and it was going away (it was healing)
29) [line 16] V'AISI LEI SAMA CHARIFA - and he brought upon it a strong chemical

30) [line 17] V'ACHVEREI L'VISREI - and it turned the flesh white (like leprosy)

31) [line 17] D'TZARICH L'OSVEI LEI SAMA L'ANKUTEI GAVNA D'VISREI - he must place on it a medicinal cure that will bring back the color of the flesh

32) [line 19] D'HADKEI B'INDERONA U'VATLEI - he locked him in a room and caused him to lose work

33) [line 20] D'RAK LEI B'APEI - he spit at him in his face
34) [line 22] LAKSAH MIDAS HA'DIN - the attribute of justice has been smitten
35) [line 23] D'CHI MISPACH HAI GAVRA - (a) for when this person becomes healed (RASHI); (b) for when this person was fully healthy (TOSFOS)

36) [line 23] AGRA - wage
37) [line 24] DALI DAVLA V'SHAKIL AGRA - he would draw [water with] buckets and take a [higher] wage

38) [line 25] AZIL B'SHALI'ACH V'SHAKIL AGRA - he would go as a messenger and take a [higher] wage

39) [line 44] TEIKU The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

  1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
  2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
  3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
40) [line 45] TZAMSAH YADO - his hand withered (and is attached only by the sinews)

41) [line 46] HA'MAKEH AVIV V'IMO - one who hits his father or his mother
(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) A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay five payments, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are Nezek, Tza'ar, Ripuy, Sheves and Boshes (see Background to Bava Kama 32:19 for a detailed explanation of each payment). However, if a person strikes his father or mother, since his act is of the type that is liable to the death penalty, he is exempt from the monetary obligation incurred by the act. Therefore he does not have to pay any of the five payments. (According to most Tana'im, this holds true even if the person is not actually killed, e.g. if he did not receive a proper warning -- see Background to Sotah 25:2:a)
(c) If blood does not flow from the wound when the person strikes his father or mother, the penalty is the same as Chovel b'Chaveiro. (RAMBAM Hilchos Chovel u'Mazik 4:7)

42) [last line] HA'CHOVEL B'CHAVEIRO B'YOM HA'KIPURIM - one who hits his friend on Yom Kipur

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