BAVA KAMA 58 (18 Teves) - Two weeks of study material have been dedicated by Ms. Estanne Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[58a - 25 lines; 58b - 45 lines]

1)[line 3]מבריח ארי מנכסי חבירו הואMAVRI'ACH ARI MI'NICHSEI CHAVEIRO HU- he is merely chasing away a lion, i.e. he (in this case, the owner of the Chatzer) is helping someone (the owner of the ox) avoid a loss (by having the ox break its fall on his fruits), and one who helps someone avoid a loss cannot make a claim from the person he helped (since it is not considered monetary benefit to that person)

2)[line 4]מבריח ארי מנכסי חבירו מדעתו הוא האי לאו מדעתוMAVRI'ACH ARI MI'NICHSEI CHAVEIRO MI'DA'ATO HU, HAI LAV MI'DA'ATO- helping someone avoid a loss is not considered monetary benefit only when the person who prevented the loss does so willingly, but in this case, the owner of the Chatzer did not do so willingly (and therefore he should be able to make a claim for the damages done to his fruit)

3)[line 8]שהוחלקה במימי רגליהSHE'HUCHLEKAH B'MEIMEI RAGLEHA- it slipped on its own urine

4)[line 12]פשעהPASH'AH- the owner of the animals acted negligently

5)[line 13]איבעי לך עבורי חדא חדאIBA'I LACH ABUREI CHADA CHADA- you should have passed each animal one at a time (so that one would not push the other off of the roof or path)

6)[line 14]ערוגהARUGAH- a vegetable patch

7)[line 17]עד שתצא ותחזור לדעתAD SHE'TETZEI V'SACHZOR L'DA'AS- until it (the animal) goes out and returns [to eat more from the Arugah] with the knowledge of the owner

8)[line 20]כיון דילפא כל אימת דמשתמטא להתם רהטאKEIVAN D'YALFA, KOL EIMAS D'MISHTAMTA, L'HASAM RIHATA- once the animal has learned [where it can find food], the owner must assume that whenever the animal gets out, it runs to there (to the food)

9)[line 22]במי לידהMEI LEIDAH- the waters of birth (embryonic fluids)

10)[last line]לנטורהLINTURAH- to guard it

58b----------------------------------------58b

11)[line 1]ולאסטמורי בגוהUL'ISTAMUREI V'GAVAH- and to be exceedingly careful with it

12)[line 3]מלמד ששמין על גב שדה אחרMELAMED SHE'SHAMIN AL GAV SADEH ACHER- this teaches that we assess [the compensation for the damage done to the rows of crops in this field] based on the value of another field (that is, the compensation for the damage is measured by detracting the value of a Beis Se'ah of the damaged field from the value of a Beis Se'ah of a normal field (without damage), and the owner of the Shor must pay the difference)

13a)[line 12]סאה בששים סאיןSE'AH B'SHISHIM SE'IN- [we assess the compensation owed for the damage to the field] by assessing the value of one Se'ah out of sixty Se'in (that is, we assess the value of a field of sixty Se'ah, and then we divide that value by sixty in order to get the value of one such "wholesale" Se'ah. We then determine the value of the damage by determining the proportion of the original value of a healthy Beis Se'ah with its value after it has been damaged, and apply that proportion to the value of a wholesale healthy Beis Se'ah. For example, a single Beis Se'ah by itself is sold for 150 Zuz, and a person would buy a damaged, single Beis Se'ah (i.e. with one damaged row) for ten per cent less (135 Zuz), and thus the value of the damage is 15 Zuz. Sixty Beis Se'ah is sold for 6000 Zuz (a wholesale discount), and thus a single wholesale Beis Se'ah is worth 100 Zuz. Applying the proportion of a healthy Beis Se'ah to a damaged Beis Se'ah, the value of the damage to a wholesale Beis Se'ah (with one damaged row) is worth ten per cent less, or 90 Zuz, the damage being 10 Zuz. Had the Mazik been required to pay for the damaged row directly, he would have had to pay more than ten per cent of the value of the Beis Se'ah (such as 25 Zuz).)

b)[line 12]סאה בששים סאיןSE'AH B'SHISHIM SE'IN - [damage done to] a plot of land the area of a Se'ah [is assessed by considering the devaluation] in the entire sixty Se'ah plot surrounding the damaged area. (MEASUREMENTS OF PLOTS OF LAND)

(a)The following is a list of measures of volume used in the Mishnah and Gemara:

1.1 Kor (= 1 Chomer) = 30 Se'in

2.1 Lesech = 15 Se'in

3.1 Eifah = 3 Se'in

4.1 Se'ah = 6 Kabin

5.1 Tarkav (= Trei v'Kav, or 3 Kabin) = 12 Lugin

6.1 Kav = 4 Lugin

7.1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim

8.1 Beitzah = 2 or 3 k'Zeisim, according to the varying opinions

(b)A Beis Se'ah normally refers to a parcel of land in which one Se'ah of grain is normally planted. The area of a Beis Se'ah is 2,500 square Amos, which is approximately equal to 576 square meters (6,200 square feet) or 829 square meters (8,928 square feet), depending upon the differing Halachic opinions.

(c)According to TOSFOS (DH Shamin), the Beis Se'ah of our Mishnah and Gemara refers not to the amount of land in which a Se'ah of grain is planted, but to the amount of land from which a Se'ah of produce (i.e. six stalks) is harvested.

14)[line 13]תרקבTARKAV- a contraction of the words "Trei v'Kav" = two [Kabin] and [one] Kav = 3 Kabin (approximately 3.6, 4.14 or 7.2 liters, depending upon the differing Halachic opinions)

15)[line 14]קלחKELACH- a stalk

16a)[line 15]קבKAV- one Kav

b)[line 15]קבייםKABAYIM- two Kabin

17)[line 19]בית כורBEIS KOR

The area of a Beis Kor is 75,000 square Amos, approximately 15,595.5, 17,280 or 24,883.2 square meters, depending upon the differing Halachic opinions.

18)[line 28]ההוא גברא דקץ קשבא מחבריהHA'HU GAVRA D'KATZ KASBA ME'CHAVREI- a certain person cut down a date-palm tree that belonged to his friend

19)[line 29]דריש גלותאREISH GALUSA- the Exilarch, the temporal leader of the Jews in Babylon

20)[line 30]ותלתא תאלתא בקינא הוו קיימיTELASA TA'ALASA B'KINA HAVU KAIMEI- there were three date-palms standing together in one patch

21)[line 31]זיל הב ליה תלתין ותלתא ותילתאZIL HAV LEI TELASIN U'SELASA U'SILTA- go pay him thirty-three and a third (33.3) Zuzim

22)[line 31]אמר ''גבי ריש גלותא דדאין דינא דפרסאה למה לי?''AMAR ''GABEI REISH GALUSA D'DA'IN DINA D'FARSA'AH, LAMAH LI?''- he (the defendant) said, "Why must I be judged by a Reish Galusa who judges based on the law of the Persians?" (Alternatively: he said, "Why must I be judged by a Reish Galusa who judges a normal date-palm based on the value of a Persian date-palm (which is much more expensive)?" -TOSFOS)

23)[line 36]המבכיר כרמו של חבירו סמדרHA'MAVKIR KARMO SHEL CHAVEIRO SEMADAR- one who destroys the vineyard of his friend while the grapes were small (in their budding stage)

24)[line 40]קטמה נטיעהKITMAH NETI'AH- an animal that cut down a sapling

25)[line 41]גוזרי גזירות שבירושליםGOZREI GEZEIROS SHEB'YRUSHALAYIM- judges who have the authority to enact decrees regarding compensation for damages, who were in Yerushalayim. This refers to Admon and Chanan ben Avshalom, as mentioned in Kesuvos 105a.

26)[line 41]נטיעה בת שנתה שתי כסףNETI'AH BAS SHENASAH, SHTEI CHESEF- a sapling that was one year old, one must pay two silver pieces

27)[line 43]חזיזCHAZIZ- (Shachas) grain in an early stage of growth, at which point it can be used as animal fodder, e.g. wheat grass

28)[line 44]נידון במשוייר שבוNIDON BA'MESHUYAR SHE'BO- we judge it based on the remaining crops in the field (that is, we assess how much they will be worth when they are fully grown)