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Bava Metzia 82

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

1) [line 1] KAN SHE'HILVAHU PEIROS - this refers to a case where a person lends fruit [and takes collateral,] he (the creditor) is a Shomer Sachar [for the item of collateral, since he benefits by not having to guard his own fruit from rotting; he will receive new fruit when the Loveh repays the loan]

2a) [line 11] MECHAVARTA - it is clearly correct
3) [line 15] KATA D'MAGLA - the handle of a sickle or saw
4) [line 20] BA'AL CHOV - a creditor
5) [line 21] "...U'LECHA TIHEYEH TZEDAKAH..." - "[You shall deliver him the pledge back 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 24:13)

6) [line 28] SHOMER AVEIDAH
A Shomer Aveidah is a person who watches a lost object until the owner comes to claim it. Rabah rules that he has the obligations and liabilities of a Shomer Chinam. Rav Yosef rules that he has the obligations and the liabilities of a Shomer Sachar.

The Gemara (Sukah 25a) brings the verse "b'Shivtecha b'Veisecha" (Devarim 6:7) to prove that one is not required to do a Mitzvah while he is occupied with another Mitzvah. As a result, Rav Yosef rules that when one is busy guarding an Aveidah (a lost item that one found), should a pauper come to his door he will not be obligated to give him Tzedakah. This penny saved is a penny earned and therefore it is enough to consider the Shomer Aveidah a Shomer Sachar (a paid watchman) for he is being "paid" the Perutah that he need not give to the pauper. Even if the situation does not arise, he is considered a paid watchman, since the "job" carries with it the possibility of a financial gain.


8) [line 1] MALVEH TZARICH LA'MASHKON - where the creditor needs the [use of the] Mashkon [and is willing to deduct rental fees from the amount of the loan]

9a) [line 8] MARA - (O.F. fossoir) a hoe
b) [line 8] PASAL - (O.F. dolodoire) adz, a small axe; hatchet
b) [line 8] KARDOM - (O.F. besagud) a carpenter's tool that cuts at both ends; according to the Gemara (Beitzah 31b) this may refer to a double-headed tool that has an axe-head on one side and a hatchet-head on the other

10a) [line 8] NAFISH AGRAIHU - they bring in substantial rental fees
b) [line 9] ZUTAR PECHASAIHU - they only depreciate to a small extent

11a) [line 18] NISKAL LAV POSHE'A HU - one who trips and falls (and thereby causes damage to someone else) is not considered negligent and is not obligated to pay for the damages. This is the subject of a Machlokes Tana'im (Bava Kama 29a, 82b). In our Mishnah, the one who breaks a barrel that he transfers from place to place is considered at least a "Niskal," and since he exempts himself with an oath, it seems that Rebbi Meir rules that "Niskal Lav Peshe'a Hu"

12) [line 20] PATUR MI'DINEI ADAM V'CHAYAV B'DINEI SHAMAYIM - he is exempt from laws of man, but he is liable by the laws of Heaven

13) [line 21] TAVRAH! MI SHE'SHANAH ZU LO SHANAH ZU - (a) There is a contradiction (between the two Mishnayos)! The Tana who taught one did not teach the other (RASHI); (b) Tavra is a word used as an oath (TOSFOS to Kesuvos 75b DH Tavra, citing RABEINU CHANANEL)

14) [last line] MEKOM MADRON - a slope

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