end of the פרק. תניא, says the ברייתא: אמר רבי שמעון, רבי שמעון said מפני מה אמרו ניזקין שמין להן בעידית? Know like this, that there are three types of chiyuvim, obligations, a person has in money. If you owe someone money because you borrowed, you could owe someone money because you damaged him, somebody's property, and then you owe a ketubah. So the din is like this: ניזקין, if you damage somebody, you have to pay, and there are three kinds of fields. There is called עידית, בינונית, and זיבורית. עידית is the best, בינונית is in the middle, and זיבורית is the worst. So the din is like this: when you're paying ניזקין, if you want to pay with a field, you have to pay with the best. בעל חוב, a loan, if you want to pay, you have to pay the middle. I mean, you could pay with better if you want, but you can't pay less than the middle. And if you pay ketubah, ketubah is בזיבורית. So he says why is the din that ניזקין is בעידית? מפני הגזלנין ומפני החמסנין, because of the robbers. Two types of robbers: גזלן is a robber that doesn't pay, and a חמסן means he steals it, but he pays. You know, he just, by force, he takes something away from you. כדי שיאמר אדם, a person should say to himself, למה אני גוזל ולמה אני חומס? Why would I steal? Because they're going to catch me. למחר בית דין יורדין לנכסיי, tomorrow Beit Din is going to come to my נכסים, to my property, and they're going to take it away. Which one are they going to take? ונוטלין שדה נאה שלי, they're going to take the best one. And lechora this is talking about גזילה. What does it got to do with ניזקין? ניזקין. Yeah.

Bava Kamma דף ד עמוד ב, the Gemara says there, the first Mishnah says ארבעה אבות נזיקין, there are four. And then the Gemara says ארבעה עשר אבות נזיקין, then it says כ״ד אבות נזיקין, that there are 24 אבות נזיקין, and one of them is גניבה וגזילה. And the Gemara says at the end, לגבי which din do we consider this אבות נזיקין? לשלם ממיטב. If you pay from the best. The same חילוק, מה שכתוב, they rely on the פסוק where it says בתורה, מיטב שדהו ומיטב כרמו ישלם. It says when you pay, you have to pay from the best of your field, the best of your vineyard. It's a halachah? It's a halachah. Yes, that's what the Gemara says there. A גנב pays from מיטב? Huh? A גנב pays... A גזלן pays from מיטב? Yes, if he wants to pay with... He wants to pay with cash, that's one thing. He wants to pay with מטלטלין, מטלטלין you could pay אפילו סובין, you could pay anything. But if you want to pay with קרקע, has to be מיטב. All the אבות, all the כ״ד אבות. But not a גנב, right? A גנב also. A גנב also pays מיטב? Yeah. If he pays with fields, again. Yeah, this reason is shouldn't steal, yeah. So both the Gemara, because here it says that רבנן said it, and they סומך on the פסוק מיטב. סומך on the פסוק? This is a פסוק! The Torah tells, it's a דין דאורייתא, by the ניזקין! Maybe to consider the גנב into the category of ניזקין, the רבנן put it together, that's possible. זאגט די גמרא weiter: ההוא

אפוטרופא, there was this אפוטרופוס of יתומים, a guardian, דהוה בשבבותיה דרבי מאיר, he was in the neighborhood of Rabbi Meir. והוה קמזבין ארעתא וזבין עבדי, what he did was, he would, he was responsible for their possessions, for their estate, so what he did, he sold land and bought עבדים. ולא שבקיה רבי מאיר. Rabbi Meir didn't let him, it doesn't make sense! You don't sell קרקע to buy עבדים. Sell the קרקע, if you can, you could buy, sell anything to buy קרקע, because קרקע is something that lasts. אחזו ליה בחלמא, so they showed Rabbi Meir in חלום, אני להרוס ואתה לבנות. The Eibershter says, "I want to destroy and you want to build." Meaning to say, the אייבערשטער ממעלה is looking to destroy their property. And the way Rashi explains, because probably whatever they got came through גניבה. Whatever the father got was not honest. Mimaila the Eibershter wanted to, bedavka make that they should suffer, and you're trying to build! You're trying to protect it! ואפילו הכי לא אשגח. אשגח, he didn't care. He, so for a חלום? אמר, he said, דברי חלומות לא מעלין ולא מורידין. חלומות don't change, you can't rely on a חלום. And the Gemara says in halacha, Rambam brings it, that even if it's accurate, משל, if you had a חלום that a person died and you don't know, and he left over food, you don't know if it's מעשר or not, so there's a חלום that you had that you should know that what is what's laying in this and this corner, in this and this house, you should know is מעשר, תרומה. And you

go later and you find exactly there, and they said a certain amount, everything just fits! Don't rely on it. דברי חלומות לא מעלין ולא מורידין. Lamaaseh? Yeah. In other words, lamaaseh you can't rely on חלומות. זאגט די Gemara weiter: הנהו בי תרי, there were these two people, דאיגרי בהו שטן, that the שטן פארנאכט, קמנצו בהדי הדדי. They would argue with each other. That's the that's the first way the Satan gets in, to make a machloket. איקלע רב מאיר להתם, Rav Meir happened to happen to be there. עכבינהו תלתא בי שמשי, so for three weeks in a row when this time came, he didn't let them fight. So what happened? עד דעבד להו שלמא, so they made shalom, eventually make shalom, so he prevented them. שמעיה, and he heard דקאמר, that the Satan said, ווי אוי וויי אפיקיה רב מאיר לההוא גברא מביתיה, Rav Meir took this guy out of my house. First they were in his trap, then Rav Meir took him away from his trap. What I draw from here is, lesson is that the first trap of following the Satan is machloket. I learned it differently. I learned that that he took, he threw the Satan out of the house. Not that he took them out of the house. דההוא גברא. ההוא גברא is the Satan. From whose house? From their house? That could be also. I mean, could be either way. I had a פשט that he threw the Satan out of his own house house. His own house? No, out of the guys, out of the people's house. What is his own house? How did he throw him out of his own house? Because he he felt like they're in my possession. He threw me out of my he whatever was in my house, he threw me out. Let me see. I don't know. Could be, could be. I wasn't if anybody says anything. Doesn't say here. Doesn't say. I don't know. Maybe. I don't know. Whatever, whichever way it's the same idea. Zogt di Gemara vayter:

תנו רבנן, di rabbanan hobn gelernt: גזל מריש, if someone stole a like a beam. The din is like this: by גזילה it says והשיב את הגזלה אשר גזל, you have to return the object. If the object isn't around anymore, then it says אשר גזל, כעין שגזל, you have to pay the value of what you stole. But that's b'diavad. L'chatchilah, if you have it, you have to pay, and even if it was changed, if it's a שינוי החוזר לברייתו, change that could come back, you got to make it back and give it back. So here he says, what happens if he stole a beam ובנאו בבירה, and built it into the the building? Now if you're going to take off that beam, the whole building will fall apart. בית שמאי אומרים מקעקע כל הבירה כולה, yes, you got to break your whole house ומחזיר מריש לבעליו, you got to give it back cuz that's the din. Since it's still there and it's still whole, you can give it back, take it out. בית הלל אומרים, בית הלל says אין לו אלא דמי מריש בלבד, in this case you have to pay only the money. But only mid'rabbanan did משום תקנת השבים. רבנן made a takanah to make it easier for people to do teshuvah. If they would say that the only way you could do teshuvah with this thing is by breaking the whole house, most people wouldn't do it. So they'll hold back the teshuvah of this. So רבנן said that you could just pay the money. Then there's another Mishnah:

לא היו סקריקון ביהודה בהרוגי מלחמה. That סקריקון were people, at certain times, goyim, that would come to a person and want to kill him, and the way a person would save his life is by giving up his land, giving him up the field or some things like that. Now Romans. Later on, you could go to בית דין and tell them that the guy took it from you, or even more, they would sell it to, wait, so they wouldn't sell it, they'd take it, and say that, "I didn't give it to him as a מתנה, I didn't give it to him with a", cuz like this the din is like this, remember there's a din that if someone forces you to sell him, by force, that, "Sell me this and this, if not I'll kill you," and he sells it, תלוה וזבין זביניה זביני, if you hang a guy and tell him if you don't if you don't sell it to me, I'll kill you, why? So the Gemara says אגב אונסיה גמר ומקני. Ein hachi nami, the reason he did it is because the guy was מאנס, and he forced him. But לפועל he wanted to sell him to save his life. Usually, it comes out from the Gemara, anytime a person sells something, unless you're in business to sell, is because Let's say a guy has no money and he has to sell something of his, you think he wants to sell it? It's also an ones. But לפועל he has no choice, he'll sell, same thing here. But that's only if you sell, but by מתנה we don't say אגב אונסיה גמר ומקני במתנה. This is a מתנה, that was סקריקון. But they didn't have the דין of סקריקון ביהודה בהרוגי מלחמה. The case of in time of Yehuda when Vespasian Caesar came, at that time the Beis Din did not דן the דינים of סקריקון. Other times they did, that they would force the guy to give it back, because the מתנה wasn't a מתנה, but at that time the people really meant it. They really wanted to save their lives and they really would give away the מתנה. Now we

get into the sugya that everyone, a lot of people learn every year on Tisha B'Av. This is the whole Gemara we're going to get to. The story of Kamtza bar Kamtza. אמר רבי יוחנן, Rabbi Yochanan said, מאי דכתיב, it's a pasuk, said, אשרי אדם מפחד תמיד. A person, good is a person that is always afraid. He always, afraid means looks, what does the future hold for me and I have to behave now, I shouldn't do anything... ומקשה לבו, a person a bad a person who his heart is... So what does that come to show you? אקמצא ובר קמצא חרוב ירושלים. Because of Kamtza and bar Kamtza, Yerushalayim was destroyed, because they did something that ended up with the חורבן בית המקדש. It's all started with there. And אתרנגולא ותרנגולתא חרוב טור מלכא, a city, a big city called Tor Malka, Har Hamelech, was destroyed because of a chicken and a rooster. And אשקא דריספק חרוב ביתר, the city of Beitar got destroyed because of a wagon. Gemara will tell all the stories of something that happened with a wagon. Now the Gemara goes into the first story. אקמצא ובר קמצא חרוב ירושלים, because of Kamtza and bar Kamtza, Yerushalayim was destroyed. The story is like this.

ההוא גברא, there was this man, דרחמיה קמצא, Kamtza was his friend, ובעל דבביה בר קמצא, bar Kamtza was his enemy. This guy עבד סעודתא, made a party. אמר ליה לשמעיה, he said to his שמש, זיל אייתי לי קמצא, go bring me Kamtza, invite קמצא, Kamtza is my friend, invite him. A mistake, אזל אייתי ליה בר קמצא, by mistake he invited bar Kamtza. אתא, the owner came to the party, the baal habayit, the host, אשכחיה דהוה יתיב, he walks in and he sees בר קמצא, his enemy, sitting there. אמר ליה, so he says to him, מכדי ההוא גברא בעל דבבא דההוא גברא הוא. This man is the enemy of this man. מאי בעית הכא? What are you doing here? Get out of here. קום פוק, get out of here. It's embarrassing. אמר ליה, he said to him, הואיל ואתאי, I'm here already, שבקן, let me stay, don't embarrass me, ויהיבנא לך דמי מה דאכילנא ושתינא, I'll pay you for my portion, for what I eat and drink. אמר ליה לא, said, "No." אמר ליה, he said to him, יהיבנא לך דמי פלגא דסעודתך, I'll pay you half of the whole party. אמר ליה לא, said, "No." אמר ליה, he said, יהיבנא לך דמי כולה סעודתך, I'll pay you for the whole expense of the party. אמר ליה לא, he said, "No." נקטיה בידיה, so he took him by his hand, he took him, ואוקמיה ואפקיה, he picked him up and threw him out. אמר, so the guy who got thrown out, which is בר קמצא, he said, הואיל והוו יתבי רבנן, since the רבנן were there, ולא מחו ביה, and they didn't protest, they didn't stop him, שמע מינה קא ניחא להו, I see that they're also maskim to this. Ah, they're maskim to embarrass me? איזיל איכול בהו קורצא בי מלכא. I'm going to go and מסר them and make them trouble by the מלך. But here there's a famous kashya the mefarshim ask. Why is Bar Kamtza at fault, why is Kamtza at fault? Bar Kamtza was the guy who went to מסר, the guy who they threw out. But Kamtza, why would we mention, "Because of Kamtza and Bar Kamtza"? Kamtza had any חלק here? Kamtza wasn't invited, Kamtza didn't come, Kamtza didn't do anything. Kamtza was invited, but he didn't come. Yeah, I mean, he was invited, he didn't come, he didn't, so why, but why is he part of this? The Gemara keeps, says, "Because of Kamtza and Bar Kamtza the city was destroyed." Because of Bar Kamtza, not because of Kamtza. So I heard a vort in name of the Belzer Rebbe, the Belzer Rebbe, I think Rav Aharon Belzer. Ah? I think Rav Aharon or maybe it's maybe his father, I don't know. Whatever, one of the Belzer Rebbes. I heard he said like this. He says, from here is a raaya that if you're not invited, don't go. Because this is what happened here. Bar Kamtza got an invitation, Kamtza didn't. Kamtza was wondering, "My friend makes a party, he didn't make an invitation?" So he says, "It's possible it's a mistake." How, what kind of mistake could it be? Maybe, by mistake, they because what, Bar Kamtza lived there, maybe they probably invited Bar Kamtza. The gabbai, the shamash, didn't know, he invited Bar Kamtza. If it's a mistake, that means I'm really invited, it's a mistake. Maybe it's not a mistake, maybe takeh for some reason he didn't invite me. He says, "How will I figure this out?" Very simple. I'm going to go to the party, and I'll see. If it's a mistake, that means that he invi- invited Bar Kamtza, if it's a mistake they invited Bar Kamtza, so Bar Kamtza will be there. If I walk in, I see Bar Kamtza there, I know that probably he was invited, I know he wouldn't invite him, so mistama it's a mistake, so I belong there, so I'll walk in. If I come there, I see Bar Kamtza isn't there, that means it wasn't a mistake that he invited Bar Kamtza by mistake. So obviously he didn't want me to come. ובפועל, Bar Kamtza came. So when Bar Kamtza came, so Kamtza walked in, and Kamtza sees Bar Kamtza sitting there, "Oh, mistama they invited Bar Kamtza, so memeila, by mistake, memeila I belong there," so he stayed. Had he not come uninvited, so would never have happened. What What What difference did it make if that he came? What did that got to do with it? He saw the enemy and he threw him out. If he would have come or if he wouldn't have come, he would have thrown the guy out. What difference does it make? You must be missing a point here, that because of that, so he came Oh, it's the end. The baal habayit walked in. Had Kamtza not been there, he would have realized that Bar Kamtza came by mistake, that Bar Kamtza was invited, he wouldn't throw him out. He was invited by mistake. He walked in and saw Kamtza there. So assumed that Kamtza came, so Kamtza was invited. So then, oh, so I so I never invited Bar Kamtza. What's What What did you come for? Get out of here! So the reason this whole thing he threw him out was because Kamtza came. Oh, it sounds like a good vort. No. Yeah. Now Kamtza couldn't explain this to the baal habayit? I guess bishat maaseh the he was angry. Say, this is what happened right before you throw him out. Let me tell you what happened. The real question has to be I only showed up cuz you didn't give me an invitation. I could explain the whole thing, really. That's the question. What? The real question is why the rabbanim were not mocheh. Yeah, that all the Who were they afraid of? That's all the mefarshim ask. That's the question. The answer they give is very simple. They knew that this guy Bar Kamtza was close to the government. That's the reason they should have No, and it was sakana, it was At that time you know what was going on, the whole everything was very That's why they should make sure he stays, he's close to the government. No, no, so they couldn't. No, oh, I'm sorry. The host! The host was The host was close to the That's what the mefarshim say, that the host was close and they didn't want to start up with him. Yeah, Bar Kamtza was close for sure, but the host was close to the government. Oh, they're afraid of him. And afraid, they felt that they shouldn't, they felt that they're going to put everything into sakana. רומישער ייד. Huh? רומישער ייד, yeah. The guy was close to the government, that's what it says. Take mefarshim, they say it. Maybe even here they say it. No, it doesn't say. Yeah, that No, some mefarshim do say it, I know for sure. Maybe the Maharsha says it. Oh, here the Maharsha says, איכא למימר מה שלא מיחו מפני שלא היה בידם למחות. Okay, then he says אפשר a different thing, but לא היה בידם, they couldn't. Doesn't say why, but I saw He doesn't say why, they couldn't. For some reason they couldn't. But I saw they couldn't because of that. Then he says another peshat, because חנופה הוא שגברה באותו הדור, ושכתוב בסוטה, so טאקע וחנפן Yeah, k'vayachol even the chachamim were חניפ'דיק. So, that's why. Okay. Among the Among the Misnagdim Among the Misnagdim they asked a famous question that the Rabbi Yisrael Salanter was a וועלט גאון, a וועלט גאון, unbelievable. And he learned Gemara, he gave shiurim, he did that. All of a sudden, he took up with the mussar movement, he closed the Gemara, ran around giving מוסר שמועסן. They said, "What did you What did you do that for? All of a sudden you All of a sudden you went to the עולם and you went מוסר שמועסן?" He says, "Why did I Why did I do? I'll tell you why I did it. I went to a chassunah, and the chassunah was from a שנײַדער, poor שנײַדער, he had an איינציקע טאָכטער, and he saved all his life to make her a beautiful wedding. And came time and he was able to do what he wanted, and he made a wedding that was totally not according to his standards, standards, and it was way high, much higher than him. So, other people were jealous. No, he was not a שנײַדער, he was a שוסטער, a שוסטער. Not a שנײַדער, he was a שוסטער." Nafka mina, okay. So the nafka, what was the nafka mina? Oh, because somebody was so jealous, somebody was so jealous that a guy like him, that he figures I'm I'm better than him, who does he come to show that how great he is? So, he went when it came to the chuppah, this guy barged in with a pair of shoes and said, 'Here, these are my shoes. I need to have them fixed. When will it be ready? How much is it, and when will it be ready?' Right to the chupah he came." To embarrass him. To hurt him, yeah. So, it was a scandal, talk of the town, to hurt somebody, to be a nachash, the snake, to hurt somebody so badly, to ruin his So he felt they got to work on this. He's he closed his Gemara Look, he want to shame him. Such a shame, such a retzichah! Okay. He closed the Gemara and he went to begin they started giving mussar shmuesen all over. He would say: "לא מיחו ביה חכמים", yeah. That's the problem. So the גמרא ווײַטער, so what happened? What happened to who? No, here. אזל, he went, אמר ליה לקיסר. So this

guy Bar Kamtza went and told the king, מרדו בך יהודאי, the Yidden rebelling against you. אמר ליה מי יימר, prove it, what makes you say so? אמר ליה, I'll prove it to you, שדר ליה קרבנא, send them a קרבן, וחזי you'll see אי מקריבין ליה, because a goy could bring a korban in the Beit Hamikdash. Send a korban along, let them you'll see if they'll be makriv. אזל, he went, שדר בידיה עגלא תלתא, so he sent along with him a gevaldigah a special calf, עגלא תלתא is something meshubech. בהדי דקא אזיל, while he was bringing it, שדא ביה מומא, he made a mum. This Bar Kamtza made a mum in the בהמה, בניב שפתים, on the lips, ואמרי לה בדוקין שבעין, some are saying the eye. דוך in a place that they don't have a מום, לדידהו לאו מומא הוא, a place that when a goy is makriv, see, a goy is able to be makriv a korban on a bamot. Goyim allowed to. By them there is no problem of a mum, but they're not allowed to be makriv, I mean על פי הלכה, is מחוסר אבר, but a mum is not. By us in the Beis Hamikdash it's a mum, so this is a mum that by them it didn't matter. So they were So what will happen now? He knew the Chachamim wouldn't be makriv it. King's korban. So the king will be angry and show, and he'll show that they rebelled.

סברו רבנן לקרובי, the Rabbanan wanted to be makriv it משום שלום מלכות, פשוט, because the king, even though you're not allowed to, they should. אמר להו רבי זכריה בן אבקילס, Rabbi Zechariah ben Avkilos said, יאמרו, people will hear this and'll say בעלי מומין קריבין לגבי מזבח, you could be makriv a בעל מום to מזבח. סברו למיקטליה, they wanted to kill בר קמצא דלא ליזיל ולימא, shouldn't be able to go back and מסר. אמר להו רבי זכריה, so Rabbi Zechariah said יאמרו, they'll say מטיל מום בקדשים ייהרג. People will know they killed him because he made a mum in the קדשים. אמר רבי יוחנן, and Rabbi Yochanan said, ענוותנותו של רבי זכריה בן אבקילס החריבה את ביתנו, they say that ענוות of Rabbi Zechariah caused to destroy the בית המקדש, ושרפה את היכלנו, burned the היכל, והגליתנו מארצנו, kicked and took us out of Eretz Yisrael. Gemara will say how, not how, not Some mefarshim also, why is it ענוות? What kind of ענוות here? How did he show ענוות? Says his ענוות caused this. It wasn't ענוות, his opinion, his sevara caused it, but why is ענוות? So I saw also an interesting pshat, remember I saw once. Rabbi Zechariah ben Avkilos was a great, one of the great Chachamim, he was one of the bigger ones. The seder is that when it comes to major things, the the biggest one is supposed to be asked the last, cuz if he's asked first, people are afraid, people don't fight don't fight with him. He was supposed to be the last. He was an ענו. Because he was an anav, he didn't hold himself big, so he said, "No, I'm going first because I'm really nothing." But lema'aseh he was big, and no one could argue with him. So that's why they did what he said. Because otherwise, like another kashya, why did they do what he said? Why didn't they, taka, not listen to him? Because he's so great. So that's his ענוות. Who said that? I don't know, mefarshim, I don't remember, really nice. The

king is not not a Jewish king. No, Rome. Rome, right. Still, the king, so sent for a קרבן, why why should not be brought on במה? Because it because with with a מום. It's only in their במה, that's why he said it, only a גוי in their במה, not in