[49a - 31 lines; 49b - 54 lines]
1)[line 3]בדניזק שיימינןBED'NIZAK SHAIMINAN- we estimate the [best quality land] of he who was damaged [and it is with this quality that the damager must pay - even if he himself has higher quality land - for the damages and only for the damages]
2)[line 4]נאמרה "שדה" למטה ונאמרה "שדה" למעלהNE'EMRAH SADEH L'MATAH V'NE'EMRAH SADEH L'MA'ALAH (GEZEIRAH SHAVAH)
(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Gezeirah Shavah (a derivation equating two subjects utilizing a common word or phrase) in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.
(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.
(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah." This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.
(d)There are three possible configurations of a Gezeirah Shavah:
1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.
2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against comparing the two sections. This status is known as "Lemedin u'Meshivin." Others rule that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim.
3.EINO MUFNEH KOL IKAR - If neither word is free, then those who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied the status of Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.
(e)In our Gemara, Rav Acha bar Yaakov explains that Rebbi Yishmael derives a Gezeirah Shavah within one verse. The word or root "Sadeh" appears at the beginning of the verse when describing the damaged field, and then again toward the end of the verse when describing the quality of land to be used in the repayment (see Background to 49:33). Rebbi Yishmael maintains that just as the first instance describes the field belonging to he who was damaged, so too does the second.
3)[line 7]דהאיך דקא משלםD'HA'ICH D'KA MESHALEM- (the verse clearly implies that it refers to the field) of he who is to pay
4)[line 8]אהני גז"ש ואהני קראAHANI GEZEIRAH SHAVAH V'AHANI KRA- the Gezeirah Shavah is effective and [the plain meaning of] the verse is effective
5)[line 11]דמשלם ליה ממיטבMESHALEM LEI MI'MEITAV- he must pay him from his higher quality land [even if it is worth more than the Idis of he who was damaged]. If the Idis of the Nizak is worth less than the Idis of the Mazik, then he certainly must pay from his Idis.
6)[line 11]רע"א...REBBI AKIVA OMER...- This is a quote from 48b, cited here to launch a discussion regarding its meaning.
7)[line 13]נגחיה תורא דידןNAGCHEI TORA DIDAN- an ox of ours (i.e., one belonging to an individual and not to Hekdesh) gored
8)[line 14]"[וְכִי יִגֹּף שׁוֹר אִישׁ אֶת] שׁוֹר רֵעֵהוּ, [וָמֵת...]""[V'CHI YIGOF SHOR ISH ES] SHOR RE'EHU, [VA'MES...]" "[And if a man's ox shall gore] his fellow's ox [and it shall die...]" (Shemos 21:35) (CHEZKAS SHALOSH PE'AMIM)
(a)When an event or result occurs a certain number of times consecutively, one may Halachically presume that the outcome in future occurrences will be identical unless there is evidence that the equation has changed. Such establishment of precedent is termed Chazakah.
(b)The Tana'im disagree as to how many times an occurrence must be observed before such a presumption is Halachically valid. Rebbi is of the opinion that after an event is observed to have occurred twice, one may presume that it will thus occur under identical conditions. Raban Shimon Ben Gamliel maintains that a Chazakah is established only after an event has occurred three times. The Halachah follows Raban Shimon ben Gamliel in monetary matters, and Rebbi in matters of Isur (restrictions).
(c)One classic example of Chazakah involves an ox that has gored other animals. The Torah states, "And if a man's ox shall gore his fellow's ox, and it shall die, they shall sell the live ox and split its value, and split the dead ox as well" (Shemos 21:35). The ox referred to in this verse is a Tam - one whose habit to gore other animals has not been established - and its owner need only pay half of the damages, since such behavior is unusual among oxen. Furthermore, he need not pay any more than the worth of his ox (mi'Gufo). If the ox was a Mu'ad - one whose habit to gore other animals has been established - then its owner has been negligent to the point where he must make full restitution for the damages caused by his animal, even if this amounts to more that the value of his animal (min ha'Aliyah) (Shemos 21:36). Once an ox has gored - and its owner warned - three times, it has been established as a Mu'ad.
9)[line 15]ולא שור של הקדשV'LO SHOR SHEL HEKDESH- (which implies) and not an ox belonging to Hekdesh [in which case one is exempt from making restitution]
10)[line 15]הרי עליHAREI ALAI- it is incumbent upon me [to give to Hekdesh]
11)[line 16]מנהMANEH- see Background to 46:9
12)[line 16]בדק הביתBEDEK HA'BAYIS- the monetary fund of Hekdesh, used for the upkeep of the Beis ha'Mikdash and Yerushalayim
13)[line 16]גזברGIZBAR- the treasurer of the Bedek ha'Bayis
14)[line 20]יפה כחו בניזקיןYAFEH KOCHO B'NIZAKIN- he has greater rights [than Hekdesh] in damages [since he is able to demand restitution and Hekdesh is not]
15)[line 24]פטור... משלם נזק שלםPATUR... MESHALEM NEZEK SHALEM- Rebbi Shimon ben Menasheh interprets the word "Re'ehu" differently. He maintains that the verse is not teaching that one need not pay Hekdesh damages at all; rather, it is teaching that Hekdesh has greater rights than an individual.
16)[line 25]תם... מועדTAM... MU'AD- see above, entry #8
17)[line 30]א"כ, מאי לא בא הכתוב?IM KEN, MAI "LO BA HA'KASUV"?- if [it is] so [that Rebbi Akiva agrees with Rebbi Yishmael in how to interpret the verse and disagrees only regarding how to reimburse Hekdesh], what [do the words] "The verse is only coming...", [which imply that Rebbi Akiva interprets the verse differently, mean]?
18)[last line]ועוד, מאי ק"ו להקדש?V'OD, MAI "KAL VA'CHOMER L'HEKDESH"?- and furthermore, [if Rebbi Akiva agrees with the leniency of Rebbi Yishmael who allows the Mazik to pay land equal to the Idis of the Nizak even when he himself has higher quality land,] what [do the words] "And all the more so Hekdesh," [which imply that the Halachah being dealt with is a stringency, mean]?
49b----------------------------------------49b
19)[line 4]רבינא אמר...RAVINA AMAR...- Ravina offers another answer to the first question asked by the Gemara on 48b.
20a)[line 6]ר"ש היאREBBI SHIMON HI- it is [expressing the opinion of] Rebbi Shimon (who was a student of Rebbi Akiva)
b)[line 6]דדריש טעמא דקראD'DARISH TAIMA D'KRA- who gives logical rationales for the Mitzvos [and rules according to distinctions that follow based upon these rationales]
21a)[line 10]גזלניםGAZLANIM- thieves
b)[line 10]חמסניןCHAMSANIM- those who force others to sell against their will
22a)[line 17]אקפוץ ואלונוEKFOTZ V'ALVENU- I will jump (i.e., act quickly) and offer him a loan
b)[line 17]כדי שאגבנו בחוביKEDEI SHE'EGVENU B'CHOVI- so that I can collect it as repayment for my loan
23)[line 19]אתה נועל דלת בפני לוויןATAH NO'EL DELES BIFNEI LOVIN- lit. you are locking the door before borrowers; i.e., no one will want to loan money under such unfavorable conditions
24)[line 23]לישאLI'SA- to marry
25)[line 23]האשה רוצה לינשאHA'ISHAH ROTZAH LI'NASEI- a woman wishes to be married [and she will therefore be willing to do so even if her Kesuvah stipulates that she will receive Ziburis]
26)[line 24]אשה יוצאה לרצונה ושלא לרצונהISHAH YOTZ'AH LI'RETZONAH VESHE'LO LI'RETZONAH- a woman goes out (i.e., may be divorced) whether she wishes to or not
27)[line 26]מאי "דבר אחר"?MAI "DAVAR ACHER"?- [in] what [way does the] alternate explanation [explain why a woman should collect her Kesuvah from Ziburis]?
28)[line 26]וכ"ת...V'CHI TEIMA...- The Gemara explains that indeed, the "Davar Acher" is an explanation for an entirely different point.
29)[line 26]כי מפיק לה איהוKI MAPIK LAH IHU- when he sends her out [of the marriage through a divorce]
30)[line 30]אפשר דמשהי לה בגיטאEFSHAR D'MASH'HI LAH B'GITA- he has the option of delaying her [by not giving her] a Get [and he therefore clearly wants to divorce her and is deserving of no compensation if he does choose to give her one]
31)[line 33]מיתמיMI'YASMEI- [when she collects her Kesuvah] from [her late husband's] orphans [after his death]
32)[line 33]מיניה דידיהMINEI DIDEI- [when she collects her Kesuvah] from he himself [after he has divorced her]
33)[line 34]מאי איריא...?MAI IRYA...?- why specify...?
34)[line 38]משום חינא אקילו רבנן גבהMISHUM CHINA AKILU RABANAN GABAH- the Rabanan were lenient with regard to a widow [collecting her Kesuvah] so that a) [men will find] favor [in the eyes of women such that women will agree to marry them] (RASHI); b) women will be motivated to wholeheartedly tend to their husbands' needs and thereby find] favor [in their husbands' eyes] (ARUCH); (c) widows will own more attractive property and thereby find] favor [in the eyes of prospective husbands] (TOSFOS DH Mishum)
35)[line 49]נעשה ערב לנזקי בנוNA'ASEH AREV L'NIZKEI BENO- he pledged to be a guarantor to pay for damages caused by his son [or his son's property]
36)[line 49]כלתוKALASO- his daughter-in-law
37)[line 49]האי כי דיניה, והאי כי דיניהHAI KI DINEI, V'HAI KI DINEI- each case is dealt with according to the individual laws that pertain to it
38)[line 50]מחיים גבוME'CHAYIM GAVU- they could have been collected [just as easily] when [the son was still] alive
39)[line 50]כי מגבי כמחיים מגביKI MAGVEI KEME'CHAYIM MAGVEI- when they are collected [after his death from his father the guarantor] it is as if [they are being collected] when he was still alive [and Idis or Beinonis must be given, respectively]
40)[line 51]תיפוק ליהTEIPOK LEI- disprove this explanation
41)[line 51]לא משתעבדLO MISHTABED- is not obligated to pay (as the Gemara explains on 50a)
42)[line 52]קבלןKABLAN - a guarantor who accepts full responsibility (AREV KABLAN)
(a)An Arev is a guarantor for a loan. There are differing levels of responsibility for the loan that an Arev may accept upon himself.
(b)A regular Arev is presumed to have accepted responsibility to pay the loan only if the borrower lacks the ability to do so. An Arev Kablan, however, goes one step further. He has agreed that the lender may approach him for repayment even before approaching the borrower (See Insights to Gitin 49:2).
43)[line 53]אי אית ליה משתעבדIY IS LEI MISHTABED- if [the borrower] has [the wherewithal to repay the loan at the time that he takes it, then the Arev Kablan] is obligated [to pay, since he is presumed to have figured at the time that his services would be unnecessary and that it was a safe risk]
44)[line 53]בדהוו ליה ואישתדוףBED'HAVU LEI V'ISHTADUF- [the case of the Mishnah is one] in which [the son] had [produce at the time] and it was a) blighted; b) damaged by searing eastern winds
45a)[last line]כל לגבי בריהKOL L'GABEI BREI- anyone on behalf of his son
b)[last line]שעבודי משעבד נפשיהSHIBUDEI MESHABED NAFSHEI- obligates himself no matter the situation [even when it appears likely that he will have to pay]