Bava Kama 10

The Gemara cites an opinion that maintains that if one dug a pit nine tefachim deep and someone else came and dug a tenth tefach, the last one is liable. When the brothers cast Yosef into the pit, it is said (Bereishis 37:24) וַיִּקָּחֻהוּ וַיַּשְׁלִכוּ אֹתוֹ הַבֹּרָה וְהַבּוֹר רֵק אֵין בּוֹ מָיִם, then they took him, and cast him into the pit; the pit was empty, no water was in it. The Medrash (Bereishis Rabbah 84:16) comments on these words as follows: אָמַר רַב אֲחָא בּוֹר רֵק, נִתְרוֹקֵן בּוֹרוֹ שֶׁל יַעֲקֹב. אֵין בּוֹ מָיִם, אֵין בּוֹ דִּבְרֵי תוֹרָה שֶׁנִּמְשְׁלוּ לְמַיִם, Rabbi Acha said, “the pit was empty” means that Yaakov’s pit was emptied. The words “no water was in it” alludes to the idea that there was no water in the house of Yaakov, as Torah is akin to water. Ten brothers cast Yosef into the pit and they were punished in later generations with the cruel executions of the עשרה הרוגי מלכות, the Ten Righteous Martyrs. The question is raised as to why one of the Sages was punished for Reuven’s involvement of Yosef’s sale if Reuven was not there at the time of the sale. I heard an answer from my Mashgiach, Reb Moshe Shimon Weintraub zt”l, who cited in the name of the Arizal that in truth, only nine brothers sold Yosef, and the Shechinah, the Divine Presence, joined in the sale. Rabbi Akiva, who was a descendant of converts, atoned for the Divine Presence’s involvement in the sale. We can suggest that this idea is hinted to in our Gemara that states that if one dug a pit nine tefachim deep and “someone else” came and dug a tenth tefach, the “last one” is liable. The Someone Else alludes to the Divine Presence that bore the responsibility for sale of Yosef who was cast into the pit.

Bava Kama 9

The Gemara states that what one adds on to glorify a mitzvah up to a third, HaShem will reward him in the next world, but one who adds to the mitzvah beyond a third, HaShem will reward him in this world. What is the rationale for this statement? The Gemara (Kiddushin 39b) states that there is no reward in this world for mitzvah performance. Why, then, should one be rewarded in this world for spending beyond a third of the mitzvah’s value? [Interestingly, the Yaavetz in his commentary to the Siddur in the prayer of ובא לציון writes that although the Gemara states that there is no reward in this world for mitzvah performance, one does receive reward for הידור מצוה, glorifying the mitzvah. This would seem to contradict our Gemara that states that one only receives reward for הידור מצוה beyond a third.]

We can suggest that the answer to this question is that the concepts of “a third” and “beyond a third” reflect the physical world and beyond. This is evidenced from the Gemara (Pesachim 68b) that states that Rav Yosef would ask that a third born [or grown] calf be prepared for him on Shavuos. Rav Yosef declared, “if not for this day when we received the Torah, how many Yosefs would be in the marketplace, i.e. I would be like a common person.” The “third born” calf represents the physical vehicle that allowed Rav Yosef to grow spiritually while still in the physical world. In a similar vein, when one glorifies a mitzvah up to a third, he is still deemed to be performing the mitzvah in the physical realm, and therefore he cannot receive his reward in this world. One who stretches himself beyond the limits, however, demonstrates that he can go beyond the physical world and HaShem rewards him in this world commensurate with his efforts, and he gains back what he sacrificed in the physical world.

Bava Kama 8

The Gemara states that Biblically speaking, a creditor can only collect from the debtor’s inferior assets, as it is said (Devarim 24:11) בַּחוּץ תַּעֲמֹד וְהָאִישׁ אֲשֶׁר אַתָּה נֹשֶׁה בוֹ יוֹצִיא אֵלֶיךָ אֶת הָעֲבוֹט הַחוּצָה, You shall stand outside, and the man to whom you are extending the loan shall bring the security to you outside. What do people normally place outside? The most inferior of vessels. However, the Sages were concerned that people would stop lending money, so they allowed for the creditors to collect from the debtor’s average assets. We can interpret the statement “What do people normally place outside? The most inferior of vessels,” to mean that one constantly attempts to cast away the Evil Inclination. One’s passions and desires are certainly the “most inferior of vessels,” as the Gemara (Kiddushin 30b) states regarding the Evil Inclination, “if you encounter this “disgusting one,” bring him into the Study Hall where he will be vanquished.

Bava Kama 7

The Gemara states that with regard to movable objects, all objects are considered the best, as what cannot be sold in one location can be sold in a different location. We can suggest that this is analogous to a Jew, whose soul is pure but becomes sullied with sin. By “moving around,” i. e. repenting from one’s misdeeds, one can be assured that his soul will retain its original purity.

Bava Kama 6

The Mishna stated: If they damage, their owner is חב (obligated) to pay for the damages from the best of his land.

The Gemara asks: Why does the Mishna say “חב” instead of the normal term “חייב ”?

Rav Yehudah says in the name of Rav: The Tanna of our Mishna lived in Yerushalayim, where they use shortened expressions (and he said “חב” which has only two letters (in Hebrew) instead of “חייב,” which has four).

The Gemara (Pesachim 3b) states that one should always teach his students in a shorter manner, so what is unique about this ruling that the Tanna taught the word חב with two letters instead of the word חייב which is four letters? Perhaps we can offer an answer to this question based on what it is said that Reb Aharon Belzer zt”l would have his attendant read to him “a gutte shtickel,” (a positive piece) from the Sefer Noam Elimelech and the like, so he should not have to hear bad about the Jewish People.

Similarly, here we are discussing a Jew who caused damage to another Jew, which is an unfortunate occurrence. To minimize discussing a Jew’s liability, the Tanna used a shorter word.

Bava Kama 5

The Gemara states that even though עדים זוממין, false witnesses, only speak maliciously without an action, nonetheless their speech is deemed to be an action, as it is said (Devarim 19:19) וַעֲשִׂיתֶם לוֹ כַּאֲשֶׁר זָמַם לַעֲשׂוֹת לְאָחִיו, you shall do to him as he conspired to do to his fellow. This statement is astounding, as the false witnesses merely spoke with the intention of harming the victim, and this speech alone is deemed to be an action. We can learn from this that one who uses his speech to actually harm a fellow Jew will certainly be punished for his hurtful words. Conversely, as the Tosefta (Sota 4:1) states, the good measure is even greater, and one can use his favorable speech to benefit others in ways beyond one’s comprehension.

Bava Kama 4

The Gemara asks why מבעה cannot be referring to water, as it is said (Yeshaya 64:1) כִּקְדֹחַ אֵשׁ הֲמָסִים מַיִם תִּבְעֶה אֵשׁ, like the kindling of a melting fire – a fire that bubbles water. The Gemara answers that it does not state מים נבעו, in the plural form, which would imply that the water bubbles the fire. Rather it states תִּבְעֶה אֵשׁ, in the singular form, a fire that bubbles water. The end of the verse states לְהוֹדִיעַ שִׁמְךָ לְצָרֶיךָ מִפָּנֶיךָ גּוֹיִם יִרְגָּזוּ, to make Your Name known to Your enemies, so that nations would tremble before You. Rashi here explains that the prophet is declaring that just like a fire bubbles water, so too HaShem makes His Name known to His enemies when he destroys them from the world. One must wonder what purpose there is in HaShem making His Name known to His enemies if He subsequently destroys them? The conventional answer to this question is that even when the wicked will ultimately be destroyed, HaShem does not allow for His Name to be desecrated even for a moment. This explanation would not seem to apply here, however, because the verse states that HaShem makes His Name known to His Enemies, yet His enemies are dead! Perhaps we can suggest that Rashi means that just like the fire bubbles the water, i.e. the fire attempts to extinguish the water but is unsuccessful, so too the wicked attempt to conceal HaShem’s Name in this world, but when HaShem destroys them, His Name is revealed in all of its greatness.

Bava Kama 3

The Gemara states that Rav maintains that מבעה, literally meaning consuming, is אדם, man. The support for this thesis is from the verse that states (Yeshaya 21:12) אִם תִּבְעָיוּן בְּעָיוּ, if you seek [then] seek. This passage of Gemara is normally understood to mean that man’s essence is prayer. One must wonder, however, why the Mishna would present this idea in the categories of damages. The answer to this question is that it is said (Bereishis 48:22) וַאֲנִי נָתַתִּי לְךָ שְׁכֶם אַחַד עַל אַחֶיךָ אֲשֶׁר לָקַחְתִּי מִיַּד הָאֱמֹרִי בְּחַרְבִּי וּבְקַשְׁתִּי, and as for me, I have given you Shechem – one portion more than your brothers, which I took from the hand of the Emorite with my sword and with my bow, and the Targum renders the words בְּחַרְבִּי וּבְקַשְׁתִּי to mean בִּצְלוֹתִי וּבְבָעוּתִי, with my prayer and my supplication. Evidently, one’s prayer is a weapon that can be used to vanquish the enemy. Thus, the Gemara here is teaching us that one’s prayer is in the category of damages, as one can destroy his enemy, i.e. the nations who torment us, and the Evil Inclination, through prayer.

Bava Kama 2

The Mishna states that there are four primary categories of damages, an ox, a pit, an animal that consumes, and fire. These four categories allude to Yosef, the son of Yaakov and viceroy of Egypt. Yosef is referred to in the Torah as a שור, an ox, and his brothers threw him into a בור, a pit. Conversely, the Medrash (Bereishis Rabbah 84:5) states that it is said (Ovadiah 1:18) וְהָיָה בֵית יַעֲקֹב אֵשׁ וּבֵית יוֹסֵף לֶהָבָה, the house of Yaakov will be fire, the house of Yosef a flame, and this means that Yaakov is likened to אש, a fire, and Yosef is the להבה, the extension of the fire, which will destroy (consume) Esav, the archenemy of the Jewish People. It is noteworthy that the words שור בור מבעה והבער an ox, a pit, a consuming animal, and a fire, equal in gematria the words בעתיד יוסף יכלה לעשו, in the future Yosef will destroy Esav.