Gemara Markings Daf Yomi
Bava Kama 116
Kuftazain, Amrallaf on the sixth line, quoting the Mishnah, the Mishnah had said im amrallai asil as shalhah. If specifically the guy who had the wine had said to him, "Listen Mr. Honey guy, I'll save all your honey and you give me the value, the compensation of my wine that I'm about to spill out." That was the agreement. Now the one has am I? Well, one second. Why should the Mr. Honey have to pay for the wine he spilled out? No, it's the right thing to do, but does he really have to? The name of Laay, why can't Mr. Honey say to Mr. Port-out-wine, "Mishazani becha." Ah, it was just joking. I was just kidding, old buddy old pal. Do we have a president for that? Yes, we do. Muleitania. We have a brice that indicates that in the under certain circumstances that that claim is accepted. The brice goes for about two and a half lines starts here. Harisha Hayabariyach and Baesazu, when you have a Jewish fellow, he broke out of the the Gentile prison. Berhysa Ma'a Bairis Lefanov, and there was a riverboat right in front of him, and he really wants to get on that riverboat and have it get to the other side of the river. Amrallai, so he says to the guy in charge of the riverboat, told dinner of Afirani, "You know what I'll give you, like $10,000 and just cross me over." Kama, Enlai El Escalrei. The riverboat, a person is only entitled to what the normal way just to take somebody over would be. Now, why was there an agreement that he'd pay some huge amount of money? Alma, no, it follows from there. Amrallai, that the escape prisoner can say back to the riverboat guy, "Mishazani becha." Listen, I was just kidding. I didn't mean I was really going to pay $10,000. Ha'anami, so why not over here as well? Lema lei meshazani becha. Why can't Mr. Honey say to Mr. One, "I wasn't really going to pay for all the wine you spilled out." So, the Gamora explains that actually those cases, if you want to compare our Misha's case to anything, it's much more similar to the Safa of the Brights we just brought. Haloidami a la la Safa. And here is a line and a half further quote of the above-the-neck source. We box it off. The Imamallai, if he said to him specifically, quote, "Toll d'unarza bissar ha vahavirani," if he said to him, "Not just, yeah, I'll give you $10,000, but here, take this $10,000 as your wages and please cross me over on the boat." No, he's similarly skirmish on, then he does have to pay the entire amounts. Now, that's much different than the ratio. So, the Gamora comments, "Mishna ratio, Mishna Safa, why the difference? Why in the ratio can the escape prisoner claim?" Listen, I was just joking, you know, I'll give you a $30 and see you later. And in the Safa, he has to give the whole amount. Ammarallai-Barhamma, because there's a difference what's going on. Bitzayyid Hasshayla-Daugim Minha-Yam. We're talking about a, that's usually a hunter, but here it's the hunter of fish. He's going to call him a fisherman who was in the process of catching some fish. Dhammarallai-Yafsadetani-Kavri-Bhe-Zuza. He can say that his wages that we're talking about today, which is wages, Rashi says Dafsadetani-Kavri-Bhe-Zuza, let's see Rashi inside. Vahainu, one word in quotation marks, Biskar-Rai. That's what we're talking about when it's the Skar-Rai. Diktani, when the source of Tol-Dunar-Biskar-Shah-Tam-Mafsid-Khan, take the dinner, which is going to be in place of the wages that you're losing here. Vithavi-Rai-Nihi, then Naisan-Lei-Ya-Ya-Zi Skar-Mishan. He does have to pay the entire amount, and more importantly for us, our mission's case. Also, Masi-Sid-Namihari-Hafsid-Ai-Nikr. It's obvious. The Mr. Wine guy spilled out all of his wine, and that's a clear, uh, have said, and, and that's why he would be entitled to full compensation for the wine he spilled out. The, uh, had said, "Shah-Taf-Nahar-Khan-Lei-Rai," the, I guess, the second case in our mission, back on the top of the previous summit, if, uh, the water, um, was flooding, uh, and, uh, the, the person's donkey was flooding. We have a chamel cavera, and the other guy's donkey, Shelya-Famana. Uh, Mr. One's donkey was with a hundred, Mr. Two's donkey was with two hundred, and Mr. One says, "Mr. Two, listen, I'll say your, uh, donkey," and we said the same didn't and would apply that if there's like a specific condition, uh, Mr. One said, "I'll save yours, and you'll pay me a compensation for mine," then that's the case. Now, it seems exactly like the first case by the guy who spilled out the less valuable wine to save the more valuable, um, with the more valuable honey. So the Gamuro says, "Srija, actually both examples, uh, by the wine and honey, and by the, uh, donkeys were necessary to be taught in the Mishnah." 'Cause if you only would have taught one, you might not have known the other if it's Shrija. DEI squiggle underlying the word DE in three lines later, I also squiggle underlying the word VE. If Ashmin and Kamaysef, we were only told in the Mishnah the first case of the guy who spilled out his wine, Hasam Houdhahi Pirej, that's where I would have thought if it was specifically stipulated, Ya'ev laid to make Kool-ei, then Mr. Honey has to give, uh, Mr. Wine the full value of the wine that he spilled out. Why? Michim de Beyadaim kapasid, like, he actively spilled it out. Uh, Valhakh, if we wouldn't have been told the case of the donkeys, I might have thought to say, de Mimela, no one's actively killing a donkey. It's just like, the water is, uh, is, is flooding them away. Name I might have thought to say, if not for what the Mishnah told me otherwise, it might have thought to say, "Ainley, Elestaroy." No, the guy's only entitled to his wages, even if he makes a specific condition that you're gonna compensate for my donkey, he'd only be entitled to the wages. That's why you have to teach the case of the donkeys. Kama vie, and the other way, why not then just have the message to teach the case of the donkeys? Ya'shmin un saver. Hahaha, I would have thought in the safest case, but the donkeys Houdhibestamah, "Ainley Elestaroy, Michim de Mimela." Okay, I would have thought in that case where there was nothing stipulated between the two people, that that's where he's entitled to only whatever the wages are of saving a donkey. Avalhasam, if I had only taught the case of the donkeys, and I wouldn't have thought the earlier case of the wine, where, ah, that's pretty obvious. I mean, he's like inverting his barrel of wine and spilling out the wine to be a dine, where he's actively doing it. I might have thought to say, "Ainley Elestaroy, even if there's, like, no specific arrangement." Yoiv laide me kula. Mr. Honey has to give Mr. Wine full compensation for the wine. He spilled that. I would have thought therefore, "Ainley Elestaroy, if I necessary, to teach both cases." Baum yinae put a dine measure on the baum yinae and two lines from the bottom. Fourth and fifth word is also a baum yinae put a dine measure on that. A couple questions. The first is Rav Kahanah asking Rav, and then we go back a generation. The second question is Rav asking Rabbi. So in the first question, Baum yina Rav Kahanami Rav, Yara Lahatsil. Let's say, okay, the donkeys. So the one who has the donkey worth a hundred goes to save. The other fellow's donkey, which is worth two hundred. The Allah shalayim El-A'laf. Mahu. So his donkey, which everyone thought was, like, gone, actually survives it kind of like, I don't know, it miraculously saves itself. Now what? In other words, he has his donkey, but on the other hand, he agreed that he would get full compensation for his donkey. So Amalay says, Rav back to Rav Kahanah, mishmaya rachimuale. Well, you know, if he's got his donkey, which was miraculously saved, that's between him and Hashem, and Shamayim, and his, his muzzle, but he's certainly entitled to a conversation for full donkey. Kihas, similar to the following story, the Rav Safra, Habikazo Bishayarta. He was traveling with a group of people. Livinua Huari, and there was a lion that was traveling along with them, and the lion would be there to protect them from bandits and wild animals. And now what was the lion's fee, so to speak? Kolelelya Chaddalay. Every night, the group people traveling together would take one of their donkeys, the chamr at the Khadminaya, one of the people's donkeys, but Kakhal and give it to the lion and the lion, that would be the lion's food for the day. Kimata's manager of Safra, Rav Safra, was one of the many people traveling with this group. When his day came, Chaddalay Chamra, he, Rav Safra, offered his donkey to the lion to eat Filayakle, and the lion didn't eat it. Well, upon the lion deciding that he did for whatever reason, Khadmina of Safra of his aqua base. So, Rav Safra went and took possession of it before any of the other people would take possession of it, because basically it was Heftkur. Amalir Vakhimidiv to the Ravina. So, Vakhimidiv to said to Ravina, well, one second, Lamalay, why did Rav Safra have to lamiski be? Wasn't his start out with? Why did he have to acquire it again? Kama, question mark, Nohi dehi asgarei granted that when he was Mafgarei, you know, shortly before when he was going to give it to the lion, that was for the lion. Adaita de asgarei, however, Adaita de kuliyama, having in mind that, like, if the lion didn't want it for whatever reason, that anything but else you want to like Mafgarei. Who was Mafgarei for that? So, why should he have to acquire it again? Amalay. So, says back, Ravina, Rav Safra, might not have necessarily had to do the however the Rav Khadimilsu would of it, actually, Rav Khadimilsu for, like, additional bandwidth, space, precaution on the issue. So, like, no one would have any complaints against him. He went, we'll say, like, above and beyond what he had to do. Period. How about this though? Boimine, another diamond on this Boimine, this is Rav now asking Revi, the great repudanasi. How about if a similar case, where the guy is a hundred-dollar donkey and the other guy who has a two hundred-dollar donkey says to him, "Go, see my donkey!" and he goes down the yard, La Hatsel. The low hitsil, but he wasn't able to save the two hundred-dollar donkey. Mahu, what do you say over there? Amalay, so, says Revi back to Rav, D'Zouche, Eila, Eila Eliscaro. This is a good question. He basically only gets his wages. He does not get the compensation for his lost donkey, whatever the wages paid to somebody to attempt to save something that's drowning. That's what he'd be entitled to. He's afraid we haven't today exhaust, though, that would seem to indicate otherwise. These day exhaust starts here and it goes to the, almost the end of the second line, and I'm at base. Asakus of Pyle, somebody who hires a work of Lahavi, Kruv, or Dormaskin, to bring some sort of vegetation, cabbage, maybe plums or prunes or quinters or something, which is supposed to be beneficial for a sick person. So he hires him to go and get this stuff, Le Cholo, for sick person, is Vahala, and this fellow goes. It does what he's supposed to do, however, much, so he finds that the supposed sick person, either Chamez, had dropped dead already previously. Oh, shehivri or miraculously got better. What has to be paid to this person who went to bring these medicinal vegetables? Nice and light, Scarai, Mish-ha-lame. Nice wheel underline. Mish-ha-lame? Sounds like he has to pay the full wages, like even though what was the intention of the bringing of the vegetables wasn't necessary. I'm a lady who says back, me, Dormi, can you compare the two? Ha-some of it, Shlya, Shlya, Shlya, Shlya. In the case where he has to pay a Scarai, Mish-ha-lame, his job was to go and bring, let's say, cabbage to the sick person. And he did that. He went and brought cabbage to the sick person, so he's entitled to Scarai, Mish-ha-lame. Ha-ha, though in the case where he was hired, the agreement was he was going to go and swim and save the donkey, Le of it, Shlya, Shlya, Shlya, Shlya, she never saved the donkey, so that is different. Kudraban on the Giorvings of Risa goes for about seven lines and starts here. Shlya, Rasha, Hysum, Al-Aqas, Midbar, if you have a caravan, a bunch of people traveling together through the wilderness, we're going to have a number of different scenarios. A, Baumad-al-a, Gai-es-Latorfa, and some bandons come. Latorfa literally means like to rip them apart, but rasas means like to rip them apart financially, like to basically to rob them, and the people in the caravan come to a monitor agreement and listen, listen, don't like rip through everything, we'll pay you, I don't know, $10,000, M'chash-finn-le-fimam-le-vein, M'chash-finn-le-thingaf-as-chas, after the bandons go and they have to work out some sort of hush-pen amongst all of themselves, how do they decide how to split who pays what for the $10,000? It depends, whatever somebody is traveling with, so the person who's traveling with more money has to pitch in a greater percentage to the pot, and a person who's traveling with less valuable things, less percentage. In other words, it doesn't depend on how many people, like each person's life, because the bandons anyway, the guys, was not really coming for their lives. Kama, Scenario B, the im-sak-rahi-tayr, ha-he-le-kith-nam, let's say they hired a guide who was supposed to be the special experts, to take them the safe way and show them the way. M'chash-finn-le-finn-le-fas-chas, then the accounting made after this incident would take into account also people's lives, because if they would go somewhere off route by traveling without an expert, that's actually like life-threatening. Verlo Yishanu-iminika-kha-marin, but the bottom line is, whatever the local practice of the donkey drivers is, whether the split is according to the number of people, the split is according to the number of wealth that they were transporting, you do like that, and these denim that we just said would be in the case of Stamm, where there was no specific minigame-dina. Kama, Scenario C, Rishawina-kha-marin-la-has-nice, the group of donkey drivers are allowed to make a condition for people, everyone's traveling with their own animals, they almost like a built-in sort of like insurance policy. Shikomi Shiyawina-le-kha-marin, if anyone along the journey loses a donkey, Yami-le-kha-maraka, the group of them will pitch in and replace that donkey. Kama, Bikusia, if the person lost the donkey though because of his own personal negligence, the name Amidin, there's no way that they're going to replace it. Shilai-bikusia, if he lost donkey, it wasn't negligent, then immediately they will replace it. In other words, insurance policy will pay up if there's not negligence, the name Amr, and if he says, "to newly Vani-le-kha-ya", listen, don't give me a donkey replacement, give me the cash value instead of the donkey, ain-shaimin-lei, that they don't listen to. Now, why would they not give him just a cash equivalent? Because maybe he's not going to use the money to buy a khamor. What difference does that make? Well, they made this whole condition that he'd buy a khamor because then he's got skin in the game, and he'll be on the outlook for things that could be dangerous for a khamor, for anyone's khamor, and if he's only got cash in his pocket, he couldn't care less about other people's khamors getting stolen. So that's the end of the break. So the khamor says, "pshita", well, that last point is pretty obvious. Is it not that if he asks for cash, he has to have the donkey, in other words, keep him with some skin in the game? No, it's not so obvious rather. It's not that he only had one donkey, now that donkey's gone, he had a few donkeys. He had two, now he only has one, so he's asking for not a second donkey, but a compensation to cash equivalent. Now with the same, you might have thought to say, "How come interligh?" Listen, he's got his donkey, he's got skin in the game, normally that he might even say, "I can do better if I only have to watch one donkey, I can watch other people's donkeys as well." Kama Shmalan, that's the privilege of her being taught connector, "shining a tous sous de chardmin a tous sous debait trei." Again, when somebody's only watching one thing, it might be less work, but it's also less responsibility as opposed to when he's watching two. Tan Raban, and then where brings a price that goes for about seven lines. Sifina, Shai S'amala Khaspiyyam, you have a boat that is traveling along in the sea, alma de la nakshala, you have a big wave comes, and it's gonna like drown them all, and one of the solutions to prevent the drowning is to unload some of the heavy things that are in the boat, Vihikilu Mi Ma Sa'aw, so they threw things overboard. M'chash v'in lefti ma'as v'in m'chash v'in ma'as v'in ma'as v'in ma'am, and we don't split it up based on the value of what's there, but rather the weight, so everyone has to throw, I don't know, 100 pounds over the side to like to load in the boat, regardless of what it's worth, that's what everyone has to do. Valoi Yishanu Mi Ma'as v'sappanim, like we said in the previous price, if there's a local custom of what happens in this scenario amongst the different people traveling with their stuff, then you go like that, and the den just stated previously would be where there is no local minna kamatina. V'rashina s'appanimahas nice, the boat travelers are allowed to make conditions with each other, shakomisha abdalaisefina, let's say we're traveling a whole bunch of little boats together, and we're going to have a bunch of boats traveling together, that if one of them lost their sphina, that the group yamid loi sphina karas will all pitch in and replace that boat. However, after loi bikusia, if it was because of the gross negligence of the person that his boat got lost, ain ma'amidin, they do not need to pay up that insurance policy and get them replacement of boat shalai bikusia, if it was not the negligence of the person that lost the boat, then ma'amidin loi will be entitled to that replacement boat. The E. P. Rachaelum alkum shaina s'appanim s'appanim, if the sailor brought his particular boat to an area where the boats don't go, ain ma'amidin, and the boat got lost or got destroyed, then the group of them would not have to replace for that fellow of the boat. That's the end of the snake source. The Gomorrah, like I did on the previous crisis, says this last point is pretty obvious. No. Shita. Well, no. No. Kama s'riqa is actually necessary. Here's the scenario. This is more of like a raging river than a ocean, but you know, in the springtime, like in March, April, May, April, May, when the snow is melting from the top of the mountains and you have the raging rivers, the Benizan, Mirakhhi Khad Ashla, since the rivers is very, very strong, they would distance themselves Khad Ashla, one rope length from the shore. Ubatishrei, from the banks of the river, Ubatishrei come September time. Mirakhhi triasli, since there's a lot less water flowing, for their boats to effectively travel downstream, they would have to distance themselves further into the river, further from the banks of the river, to rope lengths. However, this fellow of Akha Azil, he was going to be Yumi Nissan in the springtime when there's like raging waters. However, he wouldn't let him come to history, not one rope length, but two rope lengths into the river. And then his boat got drowned. Maoditeen, you might have thought to say, davshay, nuket, vazil. That's like considered the normal way of sailing, because they do that in September. So that's normal, Khad Ashla, that's not normal, because you have to also take into account how strong the water current is, period. Tan Rabban, and Mumur brings a three-line braza, again, with a shayara, a caravan of people traveling together through the wilderness, Shahisamalaka, from Midberva, Amad Gaius, Latarfar, and again, the bandits came to steal from them. Vamarachadmihan behitzil. Not one of them, we'll call him Khartkent, he stood up and he saved everybody's stuff. Hitzilah emsa, so his saving of this stuff gets split basically whatever each person's stuff gets to go back to that person. Okay, each one recognizes what's theirs and takes it. However, V'imamar, if this one very brave fellow, said to them as a condition, on ee, atzilatzmih, listen, I'm saved, I'm going in to save what I can save, I'm doing it for myself, and he brings back some stuff, then hits a lot, so my what he saved is totally his. That's the end of the tinnax source, you want to say a bit of clarity of what the circumstances are exactly. Hihidami, what are the case over here, ee, I squiggle underline the word, ee, and one line later, I squiggle underline the word, again, ee, dee, ee, dee, hleilimla hotzil, if the other owners are able to be matzil if they wanted to, then sort of like by definition, they were not miyayesh. And even if the guy says whatever he wants to say, listen, I'm getting all this stuff for myself, that's wonderfully going to say that, but they weren't miyayesh, and therefore, if you lose Safa, even in the Safa's case where he made that declaration, he was going to get it, namilamsa, no, when he brings back, whatever he brings back, he would have to split it, everyone would take this, because it was never any ee-esh, comma, on the other hand, ee de loyachala hotzil, if it's going to be tremendously difficult for any of them to save any of their things, afilliracha, namilat, and one very brave, maybe very stupid, but a very brave fellow goes and saves what he can, well, if no one could save it anyway, then they were miyayesh, and he should be able to keep it all for himself. So we have three approaches, as to how to understand this. Brissa, Amma, Rami-Barhamma, I circled Rami-Barhamma, put a number one in the margin, two lines later in the middle line is Ravi, circled Ravi, put a number two in the margin, and five lines later near the end of the line is Ravi-Shi, I circled Ravi-Barhamma, three in the margin, three approaches to how to understand the Brissa we had four or five lines ago, first is Rami-Barhamma, says Rami-Barhamma, Haha bechutvin Askinan, he died underlined chutvin, they were actually not different people, but partners. Now, this is an example, Kegainze, here's a phrase, normally if you want to dissolve a partnership, you have to go through official different things you have to do, however, this is an example of where the partnership can be dissolved like instantly, this is an example of a five word phrase, that one of the partners is actually allowed to dissolve the partnership even without the other partner, knowing about it or agreeing to it, he could do that, and therefore, Colin, Amar-Kama-Poleg, Loyamar-Kama-Low-Poleg, so if he said that then it does get split, if he didn't say it, then it doesn't get split, so if he said that he's going to hold it all for himself, whatever he saves, then Pollg, if he said, if he didn't say Loyamar-Loy-Poleg, says Rashi-Amar-Poleg, it's about 10 lines up from where we are, Uma-Ake-Lakhalko-e-S-Mashi, so he can keep for his portion, if he said he's dissolved in the partnership, well, he's dissolved in the partnership, and it's all his, whereas Loyamar, if he didn't say it was dissolved in the partnership, then Low-Poleg, and it was actually very good, that which he did where he was Moser Nefesch, says Rashi-Iskajit-Ravayu for both of the, it was him and his partner, since he's a shoot of along with him, and it would be not considered unusual for one of two partners to put themselves in the line to save the assets of the partnership. Rava is a different approach. Rava, we had circled back in the Gamoramar-Hakh-Ake-Poleg, I am Dottner-line-Poleg, and the main point of Rava is that we're talking about hired workers, let's say they were hired by the transport company, and they're really not able, says Rashi, to save any of the stuff from these abandons. Hachopolegna-Skinen-Uke-Rav, similar to what Rava said, what did Rava say? Dama-Rav, elsewhere. Poleg, Joachol, Lakhsar-Boye, Fili-Bukhatsayayu, a hired daily worker, unlike people who have contractual agreements for long periods of time, the hired daily workers actually allowed to back out of his job, even in the middle of the day, basically he's allowed to quit. Vikama-Doleg-Hodar-Bayu, as long as he hasn't backed out, though, Kibhira-Shusay, developed by his dummy, it's the assets, whatever he's moving or transporting, as though it's in the possession of the boss, Vikri-Hodar-Bayu, and when he does back out, though, Taimah-Ake-Rina, who there's a different reason for that, to receive, the post-it is very clear that we are servants, all of us, to the Lord, and Hacham, says, "Kili-Bainese-Rava-Dim," to me, is the Jewish people, "Ava-Dim," and when we're in the famous Russia, "Ava-Dai-Him," they're my servants, "Ase-Shusay-Rava-Dim," "la-Ava-Dim." Ravashi is a third approach, third and last approach, and with this will conclude for this shear, Rashi-Amar-Kishiyok-Lahat-Sill, and I dot-underline, "Al-Yide-had-de-hach." It's where he's able to, really, we're just talking about regular people who are traveling together, they weren't partners, it's not workers, just regular people traveling together, and it can be saved from these bandits, but it would take a lot of effort. Therefore, "Gali-Dai-Tay-Lahat-Sill, Kama," "La-Gali-Dai-Tay," "La-Emsa," if "Gali-Dai-Tay-Rashi," he says, he has a slightly different gears to Rashi, about 10 lines from where we are up in the Rashi-Amar-Kishiyok-Lahat-Sill, the Shumu-Bai-Limvish-Shasku. So, the guy who's gonna go and save the stuff says he's doing it for himself, and the other partners here, and they're quiet. Voloi-Mashru-Azman, and they don't put any effort in, Asak-Dah-Tay-Hoo, there's a Hezak-Dah-Sill, Vigaloo, and it's pretty clear from their lack of action, De-Yoj-Vobomim-Sir-Naf-Shay-O. That's a Mi-Aish from this, whatever the stuff was, it was stolen, and they don't want to, like, make an effort to get it back. Kama continues Rashi, Oomihu, Hezak-Dah-Tay-Rashi-Lahat-Sill, La-Hejia, where they very clearly could save it, Afi-Lushamu, then in that case, if they hear Vishasku and don't respond, "La-Yi-Kani," it wasn't "Kani-Dah-Mashru-Azman," in other words, basically, if it's like one of these close to impossible scenarios, then their silence is like Ye-Yoj, but if it's a regular scenario, their silence is not tantamount to Ye-Yoj, and that's why Gali-Daité, back in the ignore of the last line, if they were revealed themselves, that by then not doing anything, they are Mi-Aish, and La-Atzmai, the fellow who does go out of Hez able to save any of this stuff, he keeps it, whereas no Gali-Daité, then it's the answer regular old split. adk.