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 93
1) INTERPERSONAL RELATIONS
(a) Question (Rava): People say, a pit that you drank from,
do not throw dirt in it - what is the source of this?
2) AUTHORIZED DAMAGE
(b) Answer (Rabah bar Mari): "Do not despise a Mitzri, for
you were a stranger in his land."
(c) Question (Rava): People say, I will only bear the burden
if you bear with me - what is the source of this?
(d) Answer (Rabah bar Mari): Barak told Devorah that he will
only go if she goes with him.
(e) Question (Rava): People say, when we were small, we were
as important as adults; now that we are mature, we are as
children - what is the source of this?
(f) Answer (Rabah bar Mari): At first it says "Hash-m went in
front of them by day in a pillar of cloud...in a pillar
of fire"; later, it says "I will send My angel in front
(g) Question (Rava): People say, after a big property owner,
wealth is drawn - what is the source of this?
(h) Answer (Rabah bar Mari): "Also to Lot who was going with
Avram there was flock, cattle and tents."
(i) (Rav Chanan): One who asks Hash-m to judge between him
and another, he is punished first - "Sarai said to
Avram...Hash-m should judge between me and you" - she
1. This is only if the person could have made his claim
in Beis Din, and instead asked Hash-m to judge.
(j) (R. Yitzchak): The curse of a common person should not be
light in your eyes - Avimelech's curse to Sarah was
fulfilled in her child - "This is a covering of eyes for
2. R. Yitzchak: Woe to the one who cries (to Hash-m),
more than the one on account of whom he cries!
3. Support (Beraisa): "(If scream, he will scream to
Me...My anger will flare and I will kill you
(plural)") - this refers to the screamer and the one
he screams about, just that the screamer is punished
1. He meant, since you concealed from me that he is
your husband and caused me this pain, you should
have blind children;
(k) (R. Avahu): A person should be pursued, not a pursuer -
no bird is pursued more than pigeons and doves, and the
Torah allowed them as sacrifices.
2. This was fulfilled in Yitzchak.
(a) (Mishnah): 'Blind my eye'...
(b) Question (Rav Asi bar Chama): Why is this different than
the end of the Mishnah (break my jug on condition that
you are exempt, he is exempt)?
(c) Answer (Rabah): He is always liable by the eye, for a
person does not pardon one who destroys extremal limbs
(they do not grow back).
(d) Question (Rav Asi): Does a person really pardon pain?!
1. (Beraisa): "Bruise me on condition that you will be
exempt' - he is exempt.
(e) Rabah could not answer; he asked if Rav Asi knew an
(f) Answer #1 (Rav Asi citing Rav Sheshes; also, R. Oshaya):
Really, a person pardons even extremal limbs; by the eye,
he is liable (for all the damage) because of the disgrace
to the family.
(g) Answer #2 (Rava): A person does not pardon extremal
(h) Answer #3 (R. Yochanan): Sometimes, a person says 'yes'
and means 'no', and vice-versa.
1. Support (Beraisa): Reuven: Hit me (or) bruise me.
(i) (Mishnah): 'Break my jug, (or) tear my garment' - he is
2. Shimon: On condition that I will be exempt?
3. Reuven: Yes.
i. This 'yes' really means 'no'.
4. Reuven: Tear my garment.
5. Shimon: On condition that I will be exempt?
6. Reuven: No.
i. This 'no' really means 'yes'.
(j) Contradiction (Beraisa): "(A watchman is liable for
negligence when given a deposit) to guard" - not (if he
was given) to ruin, tear or distribute to the poor.
(k) [Version #1 (Rashi) Answer #1 (Rav Huna): In the Mishnah,
he took the deposit and then damaged it - he is liable
(even if told to ruin it, unless 'on condition that you
will be exempt');
1. In the Beraisa he (was told to ruin it and) ruined
it without taking it, he is exempt.]
(l) [Version #2 (Tosfos) Answer #1 (Rav Huna): In the
Mishnah, he gave the deposit to the watchman, then he
authorized him to damage it (these are empty words);
1. In the Beraisa, he was told to ruin it before he
(m) Objection (Rabah): The Beraisa cites the verse "To
guard", implying that he received it on condition to
(n) Answer #2 (Rabah): In the Mishnah, he gave the deposit to
be guarded; in the Beraisa, he gave it be torn.
(o) A wallet with Tzedakah money came to Pumbadisa; Rav Yosef
deposited it by a man. He was negligent, and thieves took
it; Rav Yosef obligated him to pay.
(p) Question (Abaye - Beraisa): "To guard" - not (if he was
given)...to distribute to the poor:
(q) Answer (Rav Yosef): (The Beraisa speaks of most places,
where we do not know who stood to receive the money, no
poor person can claim it;) in Pumbadisa, each poor person
gets a fixed amount from Tzedakah, he was as a guardian
for every poor person.
***** PEREK HA'GOZEL ETZIM *****
3) CHANGING A STOLEN OBJECT
(a) (Mishnah): One who stole wood and made vessels, (or) wool
and he made garments - he pays the value at the time he
(b) If he stole a pregnant cow and it gave birth or a sheep
laden with wool and sheared it, he pays for a cow about
to give birth or a laden sheep.
(c) If he stole a cow, and it became pregnant and gave birth,
or a sheep, and it became laden with wool and he sheared
it, he pays the value at the time he stole it.
1. The general rule is: all thieves pay the value at
the time of the theft.
(d) (Gemara) Inference: He pays the value at the time he
stole it because he made vessels - had he only smoothed
the wood or washed the wool, he would not!
(e) Contradiction (Beraisa): One who steals wood and smoothed
it, or wool and he washed it or flax and cleaned it - he
pays the value at the time he stole it.
(f) Answer (Abaye): The Tana of our Mishnah teaches about a
reversible change, which acquires mid'Rabanan - all the
more so, an irreversible change acquires mid'Oraisa.
1. Wood and he made vessels - he stole boards, the
vessels can be dissembled to boards, like he stole;
(g) (Rav Ashi): Also the Tana of our Mishnah teaches an
irreversible change, which acquires mid'Oraisa;
2. Wool and he made garments - he stole spun wool, the
garments can be unwoven to wool again.
3. The Tana of the Beraisa only taught an irreversible
change, which acquires mid'Oraisa.
1. Wood and he made vessels - he smoothed them, and
(h) Question: Is washing really considered a change which
2. Wool and he made garments - felt garments (by which
the wool is not washed).
1. Contradiction (Mishnah): A Yisrael did not give the
first shearings to a Kohen until he dyed them - he
is exempt from giving them;
(i) Answer #1 (Abaye): Our Mishnah is according to R.
Shimon, who says that washing is considered a change; the
other Mishnah is according to Chachamim, who say it is
i. If he only washed the wool, he must give it.
1. (Beraisa): A Yisrael sheared, spun and wove wool
from some sheep - it does not combine with shearings
from other sheep for the law of first shearings
(that must be given to a Kohen);
(j) Answer #2 (Rava): Both Mishnayos are according to R.
2. If he washed it - R. Shimon says it does not
combine, Chachamim say it joins.
1. If he unravels the wool, he does not acquire; if he
combs it, he acquires.
(k) Answer #3 (R. Chiya bar Aba): (According to all Tana'im),
if he washes (in water alone), he does not acquire; if he
whitens it with sulfur, he acquires.
(l) Question: If R. Shimon holds that dying does not acquire,
can he hold that washing acquires?
1. (Beraisa): As a Yisrael sheared his sheep, he dyed,
spun or wove the wool before shearing the next -
they do not join up;
(m) Answer #1 (Abaye): The Tana of the previous Beraisa holds
that R. Shimon says that washing acquires, R. Shimon ben
Yehudah holds that R. Shimon says that even dying does
2. R. Shimon ben Yehudah cites R. Shimon to say that by
dying, they join up.
(n) Answer #2 (Rava): All agree what R. Shimon held; washing
acquires, but not dying, for dye can be removed through
1. The Mishnah that says that if he dyed the shearings
before giving them to a Kohen, he is exempt - that
refers to dying with a blue sap (which cannot be