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Bava Metzia 81

BAVA METZIA 81-85 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 8] AF ANAN NAMI TANINA - we also learn [the Halachah of Rav Chisda taught by Rafram bar Papa from] a Mishnah (i.e. the Mishnah supports his ruling)

2) [line 23] L'SHAGRAN L'VEIS CHAMIV - to send it to [his betrothed who is as yet in] his father-in-law's house

3) [line 24] LEFI TOVAS HANA'AH SHE'BAHEN - a small amount for the impression that sending these items had upon my father-in-law and my betrothed, even though she did not want the items

4) [line 26] KA MAMTINA LEI L'DUCHTA PELONI - I am taking it to such-and-such a place

5) [line 31] SHEMIRAH B'VE'ALIM
(a) A Shomer (see Background to Bava Metzia 80:30) is exempt from theft, loss or damages that occurred to an object if the item was stolen, lost or damaged while its owner was working for the Shomer ("Be'alav Imo"). The Gemara (Bava Metzia 95b) rules that as long as the owner was working for the Shomer at the onset of the Shomer's obligation to guard the object, he gains the exemption of Be'alav Imo.
(b) There is an argument as to whether this Halachah applies to a Shomer Chinam for whom the owner of the item being guarded is working. That is, some rule that he is exempt from theft, loss or damages that occur to the object as a result of his own Peshi'ah (negligence), while others rule that this Halachah does not apply to the negligence of a Shomer Chinam.

6) [line 35] AHALUYEI - (a) those who sell *aloe*, an alkaline plant used in cleaning clothes (RASHI, 1st explanation); (b) *spice* merchants (similar to the word Mor *va'Aholos* -- Tehilim 45:9) (RASHI, 2nd explanation); (c) tent salesmen (RAN to Nedarim 91b)

7) [line 36] NATRU LI GELIMA'I - watch my cloak
8) [line 38] ICHSIF - he was embarrassed
9) [line 39] SHICHRA HAVAH KA SHASI - he was drinking beer at the time (and as such, he was not working for his fellow Ahaluyei)


10a) [line 4] HANAHU BEI TREI - that certain pair
b) [line 5] D'HAVU KA MASGU B'ORCHA - who were walking together on the road

11a) [line 5] CHAD ARICH - one was tall
b) [line 5] V'CHAD GOTZA - and one was short

12) [line 6] SADINA - a linen garment (that does not absorb as much water as a woolen garment)

13) [line 7] MICHSI SARBELA - was wearing (lit. was covered with) a woolen coat

14) [line 7] KA MASGI B'CHAR'EI - he was going by foot
15) [line 9] V'SHAKLEI L'SADINEI DEHA'HU - and the short man took the linen garment for the time that he would be in the water

16) [line 14] D'OGAR LEI CHAMRA L'CHAVREI - who rented out a donkey to his friend

17) [line 15] LO SEIZOL B'ORCHA D'NEHAR PEKOD - do not go by the way of the Pekod River

18) [line 16] B'ORCHA D'NARASH - by the way of Narse, a town in Bavel

19) [line 19] MAH LI L'SHAKER?
The words "Mah Li l'Shaker" literally mean, "Why should I lie?" This concept is a legal device with which a person's claim is believed because had he wanted to lie, there was a lie that he could have used that would have been more readily believed by Beis Din. However, if a person's believability in Beis Din is based upon a Mah Li l'Shaker and there are witnesses who testify against his claim, the witnesses are believed.

20) [line 30] IM HICHNIS BI'RESHUS - if he brought it in (his utensils, animal or fruit) with permission

21) [line 34] BAS NETUREI HI - it is protectable
22) [line 35] AYIL - "Come in"

(a) The Torah establishes the degree of responsibility that a Shomer has when he accepts upon himself to guard an object and he does not specify any other acceptance of responsibility at the time the object is given to him. The Torah divides the degrees of responsibility into four categories of Shomrim: Shomer Chinam, Shomer Sachar, Socher, and Sho'el -- see Background to Bava Metzia 80:30 and 5:2:c.
(b) A creditor who takes a Mashkon (collateral) against a loan is considered a Shomer Sachar with regard to his responsibility to guard that Mashkon. When a Shomer Sachar exempts himself from payment by claiming that the item was Ne'enas (an unavoidable accident), the Torah obligates him to support his claim by taking an oath (Shemos 22:10). In addition, he must swear that he did not use the object that he was guarding. (Using the object without the owner's permission would make a Shomer liable even for Ones.) Only after he swears is he exempt from payment. These oaths are among the Shevu'os ha'Shomrim. Similarly, the creditor must take these oaths to exempt himself for paying for the Mashkon, whereupon he then proceeds to collect his debt.

24a) [last line] MISHKENO BI'SHE'AS HALVA'ASO - a case where a creditor takes a Mashkon at the moment that the loan was given [as a constant reminder to the debtor that he owes money to the creditor[
b) [last line] MISHKENO SHE'LO BI'SHE'AS HALVA'ASO - a case where a creditor takes a Mashkon after the moment that the loan was given [to be used as payment for the loan]

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