(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

Ask A Question on the daf

Previous daf

Bava Kama 90


(a) (Beraisa - R. Meir): Reuven sold his slave Tavi to Shimon, and stipulated that Tavi still serve Reuven for 30 days - (for those 30 days,) since Tavi is by Reuven, Reuven is considered his owner regarding the law of 24 hours. (A master is only killed for striking his slave if the slave died within 24 hours of the blow.)
1. R. Meir holds, owning the produce (his labor) is as owning the property.
(b) R. Yehudah says, Shimon is considered the owner regarding the law of 24 hours, since he owns him.
1. He holds, owning the produce is not as owning the property.
(c) R. Yosi says, both are considered owners regarding the law of 24 hours - Reuven, because Tavi is by Reuven, and Shimon, for Tavi is Shimon's property.
1. He is unsure whether owning the produce is as owning the property - because of the doubt, we cannot kill either.
(d) R. Eliezer says, neither is considered an owner regarding the law of 24 hours - not Shimon, for Tavi is not by Shimon, and not Reuven, because Tavi is not Reuven's property.
(e) Question (Rava) What is R. Eliezer's reason?
(f) Answer: "For he (the slave) is his money" - he only belongs to him.
(g) Question: According to whom is the following teaching?
1. (Ameimar): A man and his wife sold her Milug property - the sale is void.
(h) Answer: It is as R. Eliezer (neither is considered the full owner).
(i) Question: According to who is the following Beraisa?
1. (Beraisa): A half-slave, or a slave of partners - he does not go free for loss of a limb.
2. Answer (Rav Mordechai citing Rava): It is according to R. Eliezer;
i. Just as he expounds (regarding the law of 24 hours), "For he is his money" - he only belongs to him - he will also expound (regarding freedom for loss of a limb) "His slave" - he only belongs to him.
(a) (Mishnah): One who was Toke'ah a man (hit him near the ear; others explain, blew a shofar in his ear) pays 1 Sela;
1. R. Yosi ha'Gelili says, he pays a Maneh.
(b) One who slaps a man on the jaw pays 200 Zuz; if he slapped with the back of the hand, 400.
(c) If he tugged on his ear, pulled his hair, spit at him (and the spit landed on him), took his cloak off, or uncovered a woman's head in the market, he pays 400.

1. The rule is, the payment is according to how distinguished he is.
2. R. Akiva says, even the poorest Benei Yisrael are viewed as rich people that lost their money, for they descend from Avraham, Yitzchak and Yakov.
(d) There was a case in which a man uncovered a woman's head in the market; R. Akiva obligated him to pay 400. R. Akiva agreed to give the man time to pay.
1. The man waited for her, and saw her by the entrance to her city. He broke a small flask of oil in front of her; she uncovered her hair to dab the oil into her hair. The man had witnesses see this.
2. The man: Why should I pay her 400 Zuz (she uncovered her hair just to take advantage of a paltry amount of oil)?!
3. R. Akiva: That is no claim - a person may not injure himself, but if he does, he is exempt; others may not injure him, if they do, they are liable.
4. One who cuts down his trees - this is forbidden, if he does so, he is exempt; if others do this, they are liable.
(e) (Gemara) Question: The Maneh of the Mishnah - is it Tzuri (pure silver, 100 Zuz), or common money (worth an eighth as much)?
(f) Answer: A man was Toke'ah someone; he came in front of R. Yehudah Nesi'ah.
1. R. Yehudah Nesi'ah: Behold, me; behold, R. Yosi ha'Gelili - you must pay a Maneh Tzuri. (We see, the Mishnah refers to a Maneh Tzuri.)
(g) Question: What did he mean by 'Behold, me; behold, R. Yosi ha'Gelili'?
(h) Answer #1: Behold, I saw you Toke'ah; behold, R. Yosi ha'Gelili obligates a Maneh Tzuri.
1. Inference: This implies that a witness can act as a judge!
2. Question (Beraisa - rtf): The Sanhedrin saw a murder - some members testify on this in front of other members (who act as judges);
3. R. Akiva says, they are all witnesses, a witness cannot act as a judge.
i. Even rtf only said that some testify and others judge - he admits, one who testifies cannot judge that case!
4. Answer: That Beraisa is when the Sanhedrin saw the murder at night, when they cannot judge. (But a judge can judge based on what he sees by day!)
(i) Answer #2: He meant, behold, I hold as R. Yosi ha'Gelili, who obligates a Maneh Tzuri, and witnesses testified against you, so you must pay a Maneh Tzuri.
(a) Question: Does R. Akiva really holds that a witness cannot be a judge?
1. (Beraisa - Shimon ha'Temani): "When a man will hit his fellow man with a rock or his fist" - just as the judges and witnesses can see his fist (whether it is fitting to cause the damage that resulted), also anything used to hit, the judges and witnesses must see it;
i. This excludes the case when only the witnesses saw the object he hit him with (it was lost before the trial).
2. R. Akiva: Did he hit him in front of Beis Din, that they saw how many times he hit him, and which limb he hit, the thigh or heart?! If he pushed him off a roof - must Beis Din go see the roof, or must we bring the house to Beis Din?! If the house fell, must we rebuild it?!
i. Rather, we learn as follows: just as the witnesses can see his fist, also anything used to hit, the witnesses must see it - to exclude if witnesses never saw the rock with which he hit him.
3. Summation of question: R. Akiva said, 'Did he hit him in front of Beis Din...' - implying, had he hit him in front of Beis Din, even though Beis Din (saw and) are witnesses, they may judge the case!
(b) Answer: R. Akiva holds that they may not judge - he spoke according to Shimon ha'Temani's opinion, who holds that they may judge.
Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,