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Bava Metzia 31

BAVA METZIA 31 - Dedicated by Josh Daniel of Efrat, Israel, in memory of his brother, Yitzchok Yisroel [ben Refael Noach Yosef] Daniel, for his Yahrzeit (7 Teves).

1) [line 1] ISRATYA - a wide street
2) [line 5] SHOTFIN U'VA'IN - flowing and going [into someone's field]
3) [line 5] HAREI ZEH GODER BIFNEIHEM - he should fence them off, or otherwise prevent them from doing damage

4) [line 10] OMARIN - sheaves
5) [line 12] OMRIN DI'TZERICHEI L'AR'A - sheaves that are still attached to the ground that still have a slight need to be there, such as to dry out completely (RITVA)

6) [line 22] "YAGID ALAV REI'O..." - "The *noise* of the storm tells of it..." (Iyov 36:33) - Abaye takes this verse out of context, using it to mean, "His *companion* will testify about it," as he proceeds to explain.

7a) [line 28] APAH L'GABEI DABRA, HAREI ZU AVEIDAH - when it is facing the fields, it is lost
b) [line 29] APAH L'GABEI MASA, EIN ZU AVEIDAH - when it is facing the city, it is not lost

8a) [line 29] B'AVEIDAS GUFAH - with regard to loss (i.e. damage) to the body [of the animal]
b) [line 30] B'AVEIDAS KARKA - with regard to loss (i.e. damage) of the land (or the vines in a vineyard)

9) [line 33] MISAKVA - is ruined
10) [line 34] BED'KUSI - where the field belongs to a Kusi or a Nochri
11) [line 35] B'ASRA D'MASRU V'HADAR KATLEI - in a place where they give the owners of stray animals fair warning before they kill the animals

12) [line 38] HASHEV, AFILU 100 PE'AMIM MASHMA - Hashev (the infinitive) [already] implies that one must return the lost anima (or object) even 100 times

13a) [line 39] BEISO - his house
b) [line 39] GINASO - his garden
c) [line 39] CHURVASO - his destroyed building

14) [line 39] MINTERA - it is able to safeguard its contents and keep outsiders from taking them (see Background to Bava Metzia 9:10:e)

15) [line 40] HA'KOL TZERICHIN DA'AS BE'ALIM - when an object that was entrusted to one of the four Shomrim (see Background to Bava Metzia 5:2:a) or that was stolen is returned to its owner, the one who returns it must let the owner know about its return, so that the owner will know to care for it properly

It is forbidden to take a mother bird that is sitting on her nest together with the eggs or baby birds; rather, one must first *send* the mother away as prescribed in Devarim (22:7).

b) [line 41] "SHALE'ACH TESHALACH [ES HA'EM V'ES HA'BANIM TIKACH LACH...]" - "But you shall surely let [the mother] go, [and take the young for yourself; that it may be well with you, and that you may prolong your days.]" (Devarim 22:7)

The Torah (Vayikra 19:17) commands anyone who sees another person doing something wrong to rebuke that person, on the condition that his rebuke is made with the best Torah intentions and that the rebuke will be taken in the correct spirit of the Torah's intentions.

b) [line 43] "[LO SISNA ES ACHICHA BI'LVAVECHA;] HOCHE'ACH TOCHI'ACH [ES AMISECHA, V'LO SISA ALAV CHEIT.]" - "[You shall not hate your brother in your heart;] you shall rebuke [your neighbor, and not allow him to sin.]" (Vayikra 19:17)

18a) [line 45] AZOV TA'AZOV (PERIKAH)
Perikah is the Mitzvah of unloading and helping an animal that has fallen under its load, as commanded in Shemos 23:5.

b) [line 45] "[KI SIR'EH CHAMOR SONA'ACHA ROVETZ TACHAS MASA'O, V'CHADALTA ME'AZOV LO;] AZOV TA'AZOV IMO." - "[If you see the donkey of one who hates you lying under its burden, you shall refrain from leaving it with him,] you shall surely help him to lift it up." (Shemos 23:5)

19a) [line 45] HAKEM TAKIM (TE'INAH)
Te'inah is the Mitzvah of loading an animal after the load that it was carrying fell off, as commanded in Devarim 22:4.

b) [line 45] "[LO SIR'EH ES CHAMOR ACHICHA O SHORO NOFLIM BA'DERECH, V'HIS'ALAMTA MEHEM;] HAKEM TAKIM IMO." - "[You shall not watch your brother's donkey or his bull fall down by the way, and hide yourself from them;] you shall surely help him to lift them up again." (Devarim 22:4)

20) [line 46] V'LAMAH LEI L'MICHTAV PERIKAH, V'LAMAH LEI L'MICHTAV TE'INAH - and why in general did the Torah need to write both Perikah and Te'inah (since they are similar commandments where one could be learned form the other)

21) [line 47] TZA'AR BA'ALEI CHAYIM
It is prohibited to cause pain or anguish to any living thing for no purpose. The Gemara (below Daf 32a-b) discusses whether this is a Mitzvah from the Torah or mid'Rabanan.

22) [line 48] CHISARON KIS - (lit. a lack in the [money] pouch) a financial loss
23a) [line 49] V'IY ASHME'INAN TE'INAH, MISHUM DEBI'SECHAR - and if the Torah were to write Te'inah, [we would say that one is only obligated in Te'inah,] since the person performing it gets paid
b) [line 49] AVAL PERIKAH, DEB'CHINAM - but Perikah, where the person performing it does not get paid, [would not be obligatory]

24) [line 50] LO MESAIMEI KERA'EI - the verses are not specific; each verse may refer to *either* Perikah *or* Te'inah


25) [line 2] "...MOS YUMAS HA'MAKEH, ROTZE'ACH HU." - "[Or if in enmity he hits him with his hand, so that he dies;] he [who hit him] shall surely be put to death, for he is a murderer. The Go'el ha'Dam shall slay the murderer when he meets him."] (Bamidbar 35:21)

26) [line 3] MISAH HA'KESUVAH BO - the death penalty that the Torah writes with regard to each specific capital offence

A city that was led astray (Nidach) to the extent that its inhabitants willfully committed idolatry, must be destroyed. All of those who were led astray must be killed and the city burned, along with all of the possessions of its inhabitants, as stated in Devarim 13:13-19. The righteous people who were not led astray are not killed, but their possessions are burned.

b) [line 6] "HAKEH SAKEH [ES YOSHVEI HA'IR HA'HI LEFI CHAREV; HACHAREM OSAH V'ES KOL ASHER BAH V'ES BEHEMTAH LEFI CHAREV.]" - "You shall surely strike [the inhabitants of that city with the edge of the sword, destroying it completely, and all that is in it, and its cattle, with the edge of the sword.]" (Devarim 13:16)

28) [line 10] "[BA'CHUTZ TA'AMOD; VEHA'ISH ASHER ATAH NOSHEH BO YOTZI ELECHA ES HA'AVOT HA'CHUTZAH. V'IM ISH ANI HU; LO SISHKAV BA'AVOTO.] HASHEV TASHIV [LO ES HA'AVOT K'VO HA'SHEMESH, V'SHACHAV B'SALMASO U'VERACHEKA; U'LECHA TIHEYEH TZEDAKAH...]" - "[You shall stand outside; and the man to whom you have lent will bring to you the collateral outside. And if the man is poor, you shall not sleep while his pledge is in your possession (if it is a night garment).] You shall surely give [him] back [the pledge when the sun goes down, that he may sleep in his own garment, and bless you; and it shall be righteousness to you before HaSh-m.]" (Devarim 24:11-13) - The Gemara below (Daf 113a) states that the man who brings the collateral outside can also refer to the agent of Beis Din. This indicates that the collateral here is an object taken from the debtor after the litigants went to court and the debtor did not pay his debt.

29a) [line 11] MISHKENO BI'RESHUS BEIS DIN - if he took collateral with the permission of Beis Din
b) [line 11] MISHKENO SHE'LO BI'RESHUS BEIS DIN - he took collateral without the permission of Beis Din, i.e. against the will of the debtor

30) [line 13] "[IM] CHAVOL TACHBOL [SALMAS RE'ECHA; AD BO HA'SHEMESH TESHIVENU LO.]" - "[If] you take [your neighbor's garment as a pledge, it shall be in a state of being delivered to him until sundown.]" (Shemos 22:25) - This verse refers to a garment that one wears in the day, which is taken as collateral each night. (Compare entry #28, above.)

31) [line 16] "[KI] FASO'ACH TIFTACH [ES YADECHA LO, V'HA'AVET TA'AVITENU DEI MACHSORO ASHER YECHSAR LO.]" - "[But] you shall surely open [your hand wide to him, and shall surely lend him sufficient for his need, in that which he lacks.]" (Devarim 15:8)

32) [line 19] "[HISHAMER LECHA PEN YIHEYEH DAVAR IM LEVAVCHA VELIYA'AL LEIMOR 'KARVAH SHENAS HA'SHEVA, SHENAS HA'SHEMITAH,' V'RA'AH EINCHA B'ACHICHA HA'EVYON V'LO SITEN LO.] NASON TITEN [LO, V'LO YERA LEVAVCHA B'SITCHA LO...]" - "[Guard yourself lest there be a base thought in your heart saying, 'The seventh year is near, the year of Shemitah,' and you will look upon your needy brother with an evil eye and you will not give him [a loan.]] You shall surely give [him, and your heart shall not be grieved when you give to him; because for this thing HaSh-m your G-d shall bless you in all your works, and in all that you put your hand to.]" (Devarim 15:9-10)

(a) There are two ways that a Jewish man can be bought as a slave by another Jew. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. During his term as a slave, his master must support his family (Kidushin 22b). The master may not make his Eved Ivri do disgraceful work for him, nor may he treat him as one normally treats a slave. For example, if the master only has one pillow, he must give it to his Eved Ivri rather than keep it for himself (Kidushin 20a).
(b) An Eved Ivri is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year (see next entry), whichever comes first (Kidushin 14b, 16a). At any time during his term, he may go free if he or someone else pays his master the money remaining from the sum that the master paid for him, prorated to the amount of time that he worked. If at the termination of six years he expresses his desire to continue life as a slave, the master takes the slave to Beis Din, and stands the slave near a doorpost and pierces his right ear and the door with an awl. This is known as Retzi'ah, and an Eved Ivri upon whom this is performed is called a "Nirtza." A Nirtza slave must continue to serve his master until the Yovel year (ibid. 21:6) or until his master dies. Whenever an Eved Ivri goes free, under most circumstances his master must give him monetary gifts valued at 15, 30 or 50 Sela'im, according to the various opinions (Kidushin 17a). This is known as Ha'anakah (Devarim 15:14).

b) [line 20] "[...UVA'SHANAH HA'SHEVI'IS TESHALCHENU CHOFSHI ME'IMACH. V'CHI SESHALCHENU CHOFSHI ME'IMACH LO SESHALCHENU REIKAM.] HA'ANEK TA'ANIK [LO MI'TZONCHA UMI'GORNECHA UMI'YIKVECHA.]" - "[...and in the seventh year you shall send him free from you. And when you send him free from you, do not send him empty-handed.] You surely must give gifts [to him liberally, out of your flock, and out of your threshing floor, and out of your winepress; of that with which HaSh-m your G-d has blessed you, you shall give to him.]" (Devarim 15:12-14)

34) [line 26] DIBRAH TORAH K'LASHON BENEI ADAM - the Torah [in this instance] speaks in the manner of man
Every word in the Torah is holy and contains worlds of insights and nuances. However, certain sages of the Mishnah felt that there were some phrases recorded in the Torah that paralleled people's speech, and should not be used for homiletics or insights.

35) [line 27] "[KI FASO'ACH TIFTACH ES YADECHA LO, V']HA'AVET TA'AVITENU [DEI MACHSORO ASHER YECHSAR LO.]" - "[But you shall surely open your hand wide to him, and] shall surely lend him [sufficient for his need, in that which he lacks.]" (Devarim 15:8)

36a) [line 27] EIN LO, V'EINO ROTZEH L'HISPARNES - he has no [means of support,] and he does not wish to be supported [from your charity]
b) [line 28] AMAR RACHMANA, "TEN LO DERECH HALVA'AH" - the Torah states, "Give him [money] as a loan" (The Gemara (Kesuvos 67b) continues that after you give him the money, you should cancel his debt -- "Chozrin v'Nosnin Lo l'Shum Matanah.")

37) [line 29] YESH LO, V'EINO ROTZEH L'HISPARNES; MINAYIN? - If he has [his own independent means of support,] and he wishes to be supported [from your charity], from where [do we learn that you are obligated to give him *a loan*] (This is the implication of our Gemara. The Gemara in Kesuvos (ibid.) brings a Machlokes Tana'im on the matter. Rebbi Yehudah rules that one gives this person money in the guise of a gift -- "Nosnin Lo l'Shum Matanah" -- and collects the debt from his heirs -- "v'Chozrin v'Nifra'in Heimenu l'Achar Misah." The Rabanan rule that one is not obligated to support this person at all. The opinion of the Rabanan is identical to the opinion of Rebbi Shimon here.)

38) [line 31] EIN NIZKAKIN LO - one is not obligated to support this person at all

39) [line 35] AVID ISKA BAHADEI HADADEI - conducted a business deal together
40) [line 36] PALAG LEI - he divided the end result of their deal, which was merchandise and not money

41) [line 36] B'APEI BEI TREI - in front of two [witnesses]
42) [last line] AISI TELASA D'PALGAS KAMAIHU - bring the *three* [individuals, who constitute a Beis Din,] before whom you divided [the merchandise]

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