POINT BY POINT SUMMARY
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 116
BAVA KAMA 116 - dedicated by Mr. Simon and Mr. Yitzi Joseph, of Manchester,
to the memory of their late great uncle, Reb Yaakov ben Meir Eichen.
1) PAYING AS STIPULATED
(a) (Mishnah): If Levi said, I will save your
(honey...Yehudah must pay for his wine).
(b) Question: Why can't Yehudah say, 'I was only joking!'?
1. (Beraisa): Reuven was fleeing from jail. He told the
ferryman 'I will give you a Dinar to take me to the
other side' - he need only give the standard amount.
(c) Answer: Our case is like the end of the Beraisa .
i. This is because he can say 'I was only joking!'
- we should say the same here!
1. (End of the Beraisa): If he said 'Take a Dinar as
your wages', he must pay the full wage.
(d) (Mishnah): A flooding river overcame their donkeys;
Reuven's was worth 100...
2. Question: What is the difference between this and
when he said 'I will give you a Dinar'?
3. Answer (Rami bar Chama): Here, the case is that the
ferryman was taking fish from the sea; by crossing
the river, he lost a Dinar's worth of fish.
(e) We need to hear both cases.
1. If we only heard by the wine - one might have
thought, only there he is compensated for his loss
when he stipulated, for he actively caused his own
loss (he spilled out the wine);
(f) Question (Rav Kahana): Reuven stipulated that he will
save Shimon's donkey and be compensated for his own. He
went to save Shimon's, and his own donkey came to safety
by itself - what is the law?
2. If we only heard by the donkeys - one might have
thought, only here he is not fully compensated
unless he stipulated, for the loss came by itself.
(g) Answer (Rav): Hash-m was gracious (to give Reuven a gift)
- Shimon must pay as agreed.
(h) This is as Rav Safra's case.
1. Rav Safra was in a caravan; a lion accompanied them.
Each night, a member of the caravan would give his
donkey to the lion, and the lion ate it.
(i) Question (Rav): Reuven stipulated that he will save
Shimon's donkey and be compensated; he was unable to save
it - what is the law?
2. On Rav Safra's night, the lion did not eat the
donkey; Rav Safra made an acquisition on the donkey.
3. Question (Rav Acha mi'Difti): Why did he need to
make an acquisition? He only made it Hefker for the
lion, not for others!
4. Answer (Ravina): Really, no acquisition was needed;
Rav Safra only did it so no one will contest him.
(j) Answer (Rebbi): This is obvious! He only receives the
normal wage for his exertion.
(k) Question (Rav - Beraisa): Levi hired Yehudah to bring
cabbage and plums to a sick person; by the time he
brought it, the patient died or recovered - Yehudah gets
the full wage.
(l) Answer (Rebbi): There, Yehudah fulfilled his mission; by
the donkey, he did not.
2) LAWS OF PEOPLE TRAVELING TOGETHER
(a) (Beraisa): A caravan was travelling in the wilderness; a
troop was about to despoil it. The troop agreed to take a
sum of money instead. Members of the caravan pay
according to their wealth (since there was no mortal
3) SHOWING MONEY
1. If they hired a guide, for this they may pay a fixed
amount per person (since getting lost is mortal
danger); they stick to the custom of donkey-drivers.
(b) Donkey-drivers may stipulate that anyone who loses a
donkey, will get another donkey - but not if it was lost
1. If he says, give me the money for a donkey, I will
buy it - we do not accede.
(c) (Beraisa): A storm was about to sink a ship. The
passengers were throwing things overboard to lighten the
ship - they must throw equal weights, without regard to
the value; they stick to the custom of ship-drivers.
2. Objection: This is obvious! (The whole agreement was
in order that he will be motivated to guard well.)
3. Answer: We need to hear in the case when he already
has a donkey.
i. One might have thought, he will guard well in
any case - we hear, this is not so, he will
guard better if he has 2 donkeys.
(d) Ship-drivers may stipulate that anyone who loses a ship,
will get another ship - but not if it was lost through
1. If he went to a part of the river where ships do not
go, he does not get another ship.
(e) (Beraisa): A caravan was travelling in the wilderness; a
troop despoiled it. A member of the caravan saved some of
what the troop took - everyone gets back his own things;
2. Objection: This is obvious!
3. Answer: The case is, he went in spring (when the
river is overflowing) to a part of the river
normally traveled in fall (when the water level is
low). One might have thought, he adopted a normal
course - we hear, this is not so.
1. If he told them that he is saving for himself, he
keeps it all.
(f) Question: What is the case?
1. If the others can also save - why should his
(g) Answer #1 (Rami bar Chama): The case is, they were
partners; in case as this, a partner can divide the
property by himself.
2. If they cannot save - why does he need to declare?
1. Unless he said that he is saving for himself, they
are still partners.
(h) Answer #2 (Rava): The case is, the one who saved was
working for the caravan; the Tana holds as Rav, that a
worker can quit his job in the middle.
1. Until he says he is quitting - he acts on their
(i) Answer #3 (Rav Ashi): The case is, the others could have
saved with difficulty.
2. When he said that he is saving for himself, he
acquires for himself from Hefker.
i. "To Me Benei Yisrael are slaves", they are not
slaves of slaves (therefore, a worker can quit
when he wants).
1. If he never said that he is saving for himself, they
did not despair of their property;
2. If he said that he is saving for himself, and they
did not protest, this shows that they despaired of
(a) (Mishnah): Reuven stole Shimon's field; extortionists
stole it from Reuven. If extortionists are taking fields
from everyone, Reuven can say 'your field is still
1. If they took it on account of Reuven, he must give
another field to Shimon.
(b) (Gemara) - Question: What is the case when they took it
on account of Reuven?
1. If they only took Reuven's field - the beginning of
the Mishnah teaches this - he is only exempt if
everyone is afflicted!
(c) [Version #1 - Answer: The case is, Reuven never stole the
field, he merely showed it to messengers of the king who
were looking to take land.]
(d) [Version #2 - Answer: The case is, Nochrim forced Reuven
to show them his fields; he also showed them the field he
stole from Shimon.]
(e) Levi showed a pile of wheat of the Reish Galusa (to
extortionists); Rav Nachman obligated him to pay.
1. Rav Huna bar Chiya: Was this letter of the law, or a
2. Rav Nachman: This is the law of our Mishnah - If
they took it on account of Reuven, he must give
another field to Shimon; we established it when
Reuven showed it (to people that would take it).
3. Rav Yosef (to Rav Huna): What difference does it
make if it was letter of the law or a fine?
4. Rav Huna: If it was letter of the law, one may learn
to other cases; if it was a fine, one may not.