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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Basra 93

BAVA BASRA 91-95 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.


(a) The Mishnah rules that if a Shor Tam gores a cow and a stillborn calf is found next to the dead cow, and we do not know whether the mother gave birth before the goring or after it, the owner of the ox pays half the value of the cow.
How about the calf?

(b) Who is the author of the Mishnah?

(c) What is the Kashya on Rav, who goes after the Rov in money-matters?

(d) How will Rav answer the Kashya? Why might the ox be Patur in spite of the Rov?

(a) The Tana Kama of another Beraisa - exempts an ox that is grazing in the meadow, from having to pay for another ox that is lying dead beside it, even though the second ox is found to have been gored and the live ox is a Mu'ad for goring.
Why did the Tana find it necessary to add that the ox was grazing in the meadow?

(b) What does Rebbi Acha say about a Gamal ha'Ocher Bein ha'Gemalim'? What is a 'Gamal ha'Ocher Bein ha'Gemalim'?

(c) How do we attempt to connect Rav and Shmuel Machlokes with this Machlokes?

(d) How do we reconcile ...

  1. ... Rav with the Tana Kama? Why might the Tana Kama concede that we follow the Rov?
  2. ... Shmuel with Rebbi Acha? Why might Rebbi Acha concede that we do not follow the Rov?
(a) We learned in our Mishnah that if Shimon plants the fruit that Reuven sold him and it fails to grow, the Tana Kama exempts Reuven from responsibility, even if they are flax-seeds, which most people sell for planting (because we do not go after the Rov, as we explained in our Mishnah), a clear proof for Shmuel.
How will Rav answer this Kashya?

(b) The Tana Kama of the Beraisa exempts the seller in the case of flax-seeds (like the Tana of our Mishnah). Rebbi Yossi says 'Nosen Lo D'mei Zera'.
Why is that?

(c) How do 'Amru Lo' counter that?

(a) Why can the Machlokes Tana'im to which Rav referred not be that of Rebbi Yossi and Amru Lo?

(b) Then between which two Tana'im is it?

Answers to questions



(a) The Beraisa discusses the case in our Mishnah where the garden-seeds that Reuven sold Shimon did not grow. The Tana Kama obligates him to pay for the seeds but not for the expenses incurred by the plowing and the hiring of workers.

Why not?

(b) On what grounds does Yesh Omrim obligate him? Is it because he hold that G'rama is Chayav?

(c) Who, according to Rav Chisda, is Yesh Omrim?

(a) We again cite the Tana Kama of our Mishnah who exempts Reuven from paying for the fruit that he sold Shimon that failed to grow, whereas Raban Shimon ben Gamliel obligates him to pay, assuming it is garden seeds that are involved.
What is the problem with the Machlokes as it stands?

(b) So how do we attempt to explain it and to corroborate Rav Chisda's statement at one and the same time?

(c) On what grounds do we refute the suggestion that perhaps the Tana Kama is the one to obligate, and Raban Shimon, the one to exempt (in which case, the latter will be concur with Tana Kama of the Beraisa)?

(d) How do we finally repudiate the suggestion that the question of expenses comes into the Mishnah? How, with a slight addition to our Mishnah, might we establish the entire Mishnah like one Tana?

(a) What does the Tana Kama of another Beraisa say about someone who takes his wheat to be ground, and the grinder fails to make 'Lesisah' (boil it in water), with the result that the flour remained coarse as it still contains the outer shells?

(b) Regarding the other two cases there that the Tana obligates the professional, what happened to ...

  1. ... the unrefined flour that he took to the baker?
  2. ... the animal that he took to the Shochet?
(c) Bearing in mind that all of the above are professionals, on what grounds does the Tana obligate them to pay?
(a) What additional costs does Raban Shimon ben Gamliel land them with?

(b) How do we finally extrapolate Rav Chisda's statement equating Raban Shimon ben Gamliel, with the Yesh Omrim in the Beraisa that we quoted earlier?

(c) Like whom is the Halachah?

(d) And what other important Minhag does Raban Shimon ben Gamliel cite in connection with ...

  1. ... Reuven who engaged Shimon to arrange a Se'udah on his behalf, and he spoiled the food? Where did they introduce this Takanah?
  2. ... cloths and guests in Yerushalayim?
(a) How much waste does our Mishnah require a purchaser of crops to accept per Sa'ah? What proportion is that?

(b) How many wormy figs must he accept per hundred?

(c) And how many barrels of bad wine or jars of bad wine in the Sharon must he accept per hundred?

(d) What is the reason for all these amounts?

(a) How does Rav Ketina qualify the quarter of a Kav per Sa'ah in the Reisha of our Mishnah?

(b) What does Rabah bar Chiya Ketuspa'ah quoting Rabah rule in a case where Reuven picks out the stones from Shimon's barn?

(a) Why can Reuven not simply replace the stones that he picked out?

(b) On the one hand removing the stones might be considered a real act of damage.
Under what category might it, on the other hand, fall, bearing in mind that the stones are not worth anything?

(c) Then on what basis will Reuven be liable?

(d) How do we then reconcile Rabah bar Chiya Ketuspa'ah's current ruling with Rav Ketina's Beraisa, which confines the Din in our Mishnah to a Rova of legumes (but not stones and dirt)?

Answers to questions

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