POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Kama 59
1) PAYING THE FUTURE PRICE
(a) (Abaye): R. Yosi ha'Gelili and R. Yishmael hold
2) EVALUATING THE DAMAGE AMONG 60 TIMES THE DAMAGED AREA
1. R. Yosi ha'Gelili - in the above Beraisa.
(b) (Abaye): Do not learn as Rav Idi bar Avin.
2. (Beraisa - R. Yishmael): "From the best of his field
and vineyard he will pay" - from land equal to the
best land of the damagee;
3. R. Akiva says, the verse teaches that damages are
collected from Idis, Kal va'Chomer to Hekdesh.
1. (Rav Idi bar Avin): A patch of the field was
consumed, we are unsure which one - he pays as the
best patch we see there.
(c) Question: Why not learn as him?
(d) Answer: The one who wants to collect must bring proof.
(e) (Abaye): Rather, he pays as the best (future) price.
1. Question: What is that?
(f) (Beraisa - R. Shimon ben Yehudah): This is only when it
ate immature grapes or figs that were just budding.
2. Answer: The price at harvest time.
1. Inference: If it ate Smader (right after budding),
we view them as if they were ready to be harvested.
(g) Question: The end of the Beraisa says, if it ate Pagim or
Boser (proper fruit that is not fully grown), we view
them as if they were ready to be harvested;
1. Inference: If it ate Smader, we look at the decline
in (current value)!
(h) Answer (Ravina): We read the Beraisa thusly: R. Shimon
ben Yehudah says, this is only when it ate grapes or figs
that were just budding; but if it ate Smader, Pagim or
Boser, we view them as if they were ready to be
(i) Question: That is what R. Yehoshua holds!
(j) Answer: They argue whether we deduct for weakening of the
vines that would have occurred had the grapes finished
growing - we cannot tell who holds which way.
(k) (Abaye): We can tell - R. Shimon ben Yehudah is concerned
for weakening of the vines!
1. (Beraisa - R. Shimon ben Yehudah): Reuven raped a
virgin - he does not pay for pain, for she would
have experienced the same pain in her first
relations when she gets married.
(l) (Abaye): R. Shimon ben Yehudah (above) and the following
Tana'im hold similarly.
2. Chachamim: The pain when one is forced is much
greater than the pain of one who is willing.
1. (Beraisa - R. Yosi): We deduct the cost of a midwife
(when evaluating the payment for a fetus);
2. Ben Azai says, we deduct the additional food that
she would have eaten for the duration of the
i. R. Yosi holds, all the more so we deduct the
ii. Ben Azai holds, we do not deduct the cost of a
midwife - her husband can say, my wife does not
(a) [Version #1: Rav Papa and Rav Huna brei d'Rav Yehoshua
ruled as Rav Nachman (to estimate the damage among 60
times as much).]
(b) [Version #2: Rav Papa and Rav Huna brei d'Rav Yehoshua
estimated the damage to a date tree among a small area of
(c) The law is as them regarding Arama date trees; the law is
as the Reish Galusa (we estimate the damage by itself)
regarding Persian date trees (which are more (Rashi;
Aruch - less) prestigious).
(d) Eliezer Ze'iri was wearing black shoes (as a mourner) in
the Nehardai market; men of the Reish Galusa's house
asked him about this.
3) FINISHED FRUIT
1. Eliezer: I am mourning over Yerushalayim!
2. The men: Are you so important to mourn over
Yerushalayim - this is haughtiness!
3. They seized him; he said that he is a great Chacham,
they may ask him, or he will ask them. They chose
4. Eliezer: A man cut dates that were not fully grown -
how much does he pay?
5. The men: Their value.
6. Eliezer: But they would have become full dates!
7. The men: He pays for full dates.
8. Eliezer: But he did not eat full dates!
9. The men: What do you say he pays?
10. Eliezer: We evaluate among 60 times as much.
11. The men: Who holds as you?
12. Eliezer: Shmuel - you can send this question to him!
i. Shmuel said as Eliezer; they released him.
(a) (Mishnah): R. Shimon says, if it ate finished fruits (it
pays the full value).
4) PERMISSION TO PILE UP FRUIT
(b) Question: Why is this? "It will consume in a different
field" - this teaches that we evaluate as part of a
(c) Answer: That is only when it eats something that needs
(to keep growing in) a field.
(d) (Rav Huna bar Chiya): Rav ruled in a case as R. Meir (as
follows); he taught, the law is as R. Shimon (in our
1. (Beraisa R. Meir): Reuven wrote a document selling
to Shimon the field designated to pay his wife's
Kesuvah; she did not sign. He wrote a document
selling it to Levi and she signed - she forfeits her
2. R. Yehudah says, she can say, I only signed to make
my husband happy - I did not forfeit anything!
(a) (Mishnah): Reuven piled up his produce in Shimon's field
without permission; Shimon's animal ate it - Shimon is
1. If the animal was damaged, Reuven is liable.
(b) (Gemara) Suggestion: The Mishnah is not as Rebbi, who
holds that the owner of the premises is exempt, unless he
accepted to guard.
2. If Reuven had permission, Shimon is liable.
(c) Rejection (Rav Papa): It is even as Rebbi - the case is,
Reuven got permission from the guard hired to watch the
produce gathered in the valley.