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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 38

BAVA KAMA 38 - Dedicated by Eli and Jeri Turkel of Ra'anana, Israel, in honor of the wedding of their neice, Jodi Weinblatt.


(a) What problem do we have with the distinction drawn by the Tana in our Mishnah between the ox of a Yisrael goring the ox of a Nochri and vice-versa?

(b) What does ...

  1. ... Rebbi Avahu learn from the Pasuk in Chavakuk "Amad va'Yemoded Eretz, Ra'ah Viter Goyim ... "?
  2. ... Rebbi Yochanan learn from the Pasuk "Hofi'a me'Har Paran"?
(c) Does the Tana then Darshen "Re'eihu" to preclude Nochrim or not (see Tosfos Rabeinu Peretz)?
(a) In the Beraisa that we cite to support this explanation, which of the two Pesukim does the Tana quote?

(b) However, he quotes the Pasuk of "Hofia ... ", because of the opinions (expressed later by Rav Masna and Rav Yosef) that interpret "Ra'ah Viter Goyim" differently. Rav Masna based his explanation on the Pasuk in Shemini (in connection with grasshoppers) "Le'nater Bahen al ha'Aretz".
What does "Le'nater" mean?

(c) How does he then interpret "Ra'ah Viter Goyim"?

(a) Rav Yosef explains the Pasuk to mean that, when Hashem saw how the Nochrim failed to observe their seven Mitzvos, He canceled them.
What problem do we have with this explanation?

(b) Mar Brei de'Rabana therefore tries to explain that what Hashem negated was the reward that they were initially due to receive for performing the Mitzvos, but not the punishment. We refute this too, on the basis of a statement by Rebbi Meir. What did Rebbi Meir in a Beraisa, Darshen from the Pasuk in Acharei-Mos " ... Asher Ya'aseh Osam ha'Adam va'Chai Bahem"?
What should the Pasuk otherwise have said?

(c) We finally establish Rav Yosef's interpretation of "Ra'ah Viter Goyim" based on a statement by Rebbi Chanina.
What did Rebbi Chanina say about someone who is not 'Metzuveh ve'Oseh'?

(d) How does that explain the Pasuk "Ra'ah Viter Goyim"?

(a) Why did the Romans send two officers to Eretz Yisrael?

(b) How many times did they learn the entire Torah?

(c) What was the only 'fault' that they were able to find with it?

(d) Why did Yisrael not need to fear retaliatory pogroms, when the officers would inform the authorities?

(a) When Rav Shmuel bar Yehudah's daughter died, why did Ula decline to accompany the Rabbanan from Bavel on a visit to be Menachem Avel?

(b) So he went alone.
What problem did he discuss regarding Hashem's command to Moshe "Al Tatzar es Mo'av ve'Al Tisgar Bam Milchamah"?

(c) What 'Kal va'Chomer' had Moshe therefore Darshened that justified Hashem's response?

(d) Why then, did Hashem forbid Moshe to take revenge from the Mo'avim? Was his 'Kal va'Chomer not in order?

(a) What is the connection between all this and Rav Shmuel bar Yehudah's daughter?

(b) How was this meant to comfort Rav Shmuel bar Yehudah?

Answers to questions



(a) What reason does Rebbi Chiya bar Aba quoting Rebbi Yochanan ascribe to the Torah's change of Lashon, "Al Tatzar ... ve'al Tisgar Bam Milchamah" by Mo'av, and "Al Tetzurem ve'Al Tisgar Bam" by Amon?

(b) "ve'Al Tisgar Bam" refers to 'Angarya'.
What does 'Angarya' mean?

(c) And, quoting Rebbi Yehoshua ben Korchah, to what did he accredit the elder daughter of Lot's reward for performing (what they believed to be) the Mitzvah of preserving mankind?

(a) The Tana Kama of a Beraisa, discussing the Din of damages regarding Kutim, exempts a Yisrael whose ox gored one of theirs, but obligates *them* to pay Chatzi Nezek for a Tam, and Nezek Shalem for a Mu'ad, in the reverse case.
What does Rebbi Meir say?

(b) On what grounds does Rebbi Meir consider Kutim 'Geyrei Arayos'?

(c) What do we learn from the Pasuk "Daber el B'nei Yisrael ... Ishah Ki Sazri'a ... ve'Tam'ah ... "?

(d) Seeing as Chazal decreed Ziyvus on Nochri women (as well as men), why did they not decree on their bloodstains?

(a) The Tana Kama of a Beraisa considers bloodstains from Rekem Tahor.
Why is that?

(b) Why does Rebbi Yehudah declare them Tamei?

(c) Bloodstains from among the Nochrim are certainly Tahor, and from among Yisre'elim, Tamei.
What does Rebbi Meir hold regarding bloodstains from among the Kutim?

(d) On what grounds do the Chachamim declare even the bloodstains of Yisre'eliyos Tahor? Where must these bloodstains have been found?

(a) How do we reconcile what we learned a little earlier, that Rebbi Meir considers Kutim to be Geyrei Arayos, with his ruling here, that their bloodstains are Tamei?

(b) In that case, why does the S'tam Mishnah (Rebbi Meir) in Kesuvos include a Kutis in the list of girls who receive K'nas for rape? Why does he not apply the decree (considering them with regard to monetary-issues) there too (so that people should realize that they are idolaters and keep away from them)?

(c) Why did they not then just order the rapist to give the money to the poor?

Answers to questions

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