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Previous daf Bava Basra 79
BAVA BASRA 78 & 79 - dedicated by an admirer of the work of the Dafyomi
Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak
Ozer) and Reb Yisroel Shimon (ben Reb Shlomo) Turkel, A"H.
1) [line 1] NIPU'ACH - fanning
2) [line 2] SHE'TAD'IV NISHMASAN - until their souls suffer
3) [line 4] PORESH - who separates himself
4) [line 5] "V'NASATI ES PANAI BA'HEM MEHA'ESH YATZA'U VEHA'ESH TOCHLEM" -
"And I will set My wrath upon them, from the fire (i.e. the Torah) they
left, and the fire (of Gehinom) will consume them." (Yechezkel 15:7)
5) [line 8] "ADAM TO'EH MI'DERECH HASKEL, BIKHAL REFA'IM YANU'ACH." - "A
person who strays from the way of wisdom (i.e. the Torah), in the
congregation of Refa'im (i.e. Gehinom) he will rest." (Mishlei 21:16)
6) [line 9] "V'LO YADA KI REFA'IM SHAM, B'IMKEI SHE'OL KERA'EHAH." - "And he
does not know that the Refa'im are there, in the depths of purgatory are
those who are destined for it." (Mishlei 9:18)
7) [line 12] KOL HA'RA'UY LA'MIZBE'ACH / L'VEDEK HA'BAYIS
(a) The laws of Me'ilah (see next entry) apply to three different types of
Hekdesh: 1. objects (animals, such as cows, sheep, goats, and items such as
wine and oil) that are sanctified to be brought as Korbanos ("Kodshei
Mizbe'ach"); 2. objects (such as gold, silver, and gems) that are sanctified
to be used for the structure of the Beis ha'Mikdash ("Kodshei Bedek
ha'Bayis"); 3. objects sanctified for their value, such that they must be
sold and the money given to Hekdesh.
(b) One who sanctifies an object which is fit to be brought upon the
Mizbe'ach for a different purpose, such as for Bedek ha'Bayis, transgresses
a Mitzvas Aseh (RASHBAM).
8) [line 14] MO'ALIN BAHEN - a person transgresses Me'ilah if he uses them
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...
u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your
pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos
Me'ilah 1:1-3). The minimum amount for which one transgresses this
prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and
must pay to Hekdesh the amount that he benefited. However, the object from
which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its
Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his
benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of
the original value). This is true of any object that has Kedushas Damim
(i.e. its value is consecrated to Hekdesh). An object that has Kedushas
ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in
the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as
is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
9) [line 16] ILAN NASUY PEIROS - a tree laden with fruit
10) [line 29] LI'DEVARAV D'REBBI YEHUDAH KA'AMAR - Rebbi Yosi's statement is
said only as a response to Rebbi Yehudah's own opinion. That is, Rebbi Yosi
himself argues with Rebbi Yehudah not only in the case of one who is Makdish
a Sadeh or Ilan which later produces fruit, but also in the case of one who
is Makdish a Bor or Shovach which later becomes filled. He is saying that
Rebbi Yehudah should at least agree to him in the case of a Sadeh or Ilan,
since the things that grow from them are growing from actual Hekdesh.
11) [last line] REBBI ELAZAR B'REBBI SHIMON MACHLIF - Rebbi Elazar, the son
of Rebbi Shimon, switches his opinion in this case. In the case of one who
sells an empty Bor or a dovecote with no doves, Rebbi Elazar says that one
can transgress Me'ilah with respect to the water or the doves that will
eventually enter into them. In contrast, in the case of one who sells a Bor
full of water, or a dovecote full of doves, Rebbi Elazar switches his
opinion and says that one does not transgress Me'ilah, for the reason that
the Gemara will explain.
12) [line 7] EIN ADAM MAKNEH DAVAR SHE'LO BA LA'OLAM
There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba
l'Olam" - "a person can acquire a thing that has not yet emerged into the
world," or not (Kedushin 63a). Some examples of things that have not yet
emerged into the world are the fruits that will grow on a tree or the goods
to be produced by one's wife. Here, the water that will fill up a Bor or the
doves that will populate a dovecote, are a "Davar she'Lo Ba la'Olam," since
the water or doves have not yet entered into the repository along with which
they are being sold.
13) [line 10] PEIROS DEKEL - the fruits of a date-palm
14) [line 10] D'AVIDEI D'ASU - they regularly come
15) [line 15] DANIN DIN GAVO'A MID'IN HEDYOT - we learn the laws of [items
given to] Hekdesh from the laws of [items given to] a private person
16) [line 21] YECHIDA'AH HI - it is a lone opinion