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Bava Metzia 95

BAVA METZIA 91-95 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] AD SHE'YIFROT LECHA HA'KASUV YACHDAV - until the verse specifies for you, "Yachdav" - "together." Rebbi Yonasan and Rebbi Oshiyah argue regarding the implication of the conjunctive "Vav" - "and". Rebbi Yonasan says that the "Vav" between two words connotes that the Halachah applies to either one of them, and not necessarily only to both of them together, unless the verse specifically states "Yachdav." As an example of this, RASHI quotes the verse, "Lo Sacharosh b'Shor uva'Chamor *Yachdav*" - "Do not plow with an ox and donkey *together*" (Devarim 22:10). Had the verse not written "Yachdav," we would have understood the verse to mean that one may not plow with either an ox or with a donkey at all.

2) [line 3] MAH LI KATLAH KULAH, MAH LI KATLAH PALGA? - What difference is there if he kills it entirely or if he kills it partially (i.e. breaks it)?

3) [line 16] B'TO'EN TA'ANAS LISTIM MEZUYAN - when he (the Shomer Sachar) claims that armed bandits stole the object from him (if the claim is true, he would be Patur because of Ones, and if it is discovered that he stole it himself, he must pay Kefel)

4) [line 17] LISTIM MEZUYAN GAZLAN HU - a case of armed bandits is a case of a Gazlan (a robber who brazenly burglarizes and takes the possessions of others by force), and not of a Ganav (and thus even though the Shomer would be Patur because of Ones if the claim is true, he would *not* be obligated to pay Kefel if it is discovered that he stole it himself)

The method of learning that is being used by our Gemara is called a comparison, or "Meh Matzinu" - "What we have found [in one subject, applies to another subject, also.]" Among the rules of this method is the rule of a "Pirchah" (a question), where even a slight difference between the subjects causes the comparison to collapse, and no connection may be made.

6) [line 26] YILAMED ELYON MI'TACHTON - the preceding (lit. above) Halachah (i.e. the Halachah concerning Shomer Sachar) can be learned from the following (lit. below) Halachah (i.e. the Halachah concerning Sho'el)

7) [line 31] DAYO LA'BA MIN HA'DIN LIHEYOS KA'NIDON - it is sufficient to give the Halachah learned from a Kal va'Chomer the exact status of the Halachah from which it was learned.

8) [line 36] PESHI'AH BI'VE'ALIM - a case in which the Shomer or Sho'el was negligent with the owner's item, while the owner was doing work for him

9) [line 37] MIKRA NIDRASH LEFANAV V'LO LIFNEI PANAV - a verse is interpreted to apply only to that which *immediately* precedes it (MIKRA NIDRASH LEFANAV / MIKRA NIDRASH L'ACHARAV / MIKRA NIDRASH LEFANAV UL'ACHARAV)
(a) This is the subject of dispute. Some maintain that a verse is interpreted to apply only to that which immediately precedes it, while others maintain that it can be interpreted to apply even to that which precedes that which immediately precedes it.
(b) Similarly, in a number of places in Shas, different views are cited regarding whether a phrase in a verse is expounded to explain words that precede it ("Mikra Nidrash Lefanav"), or it is expounded to explain words that follow it ("Mikra Nidrash l'Acharav"), or whether it is expounded to explain words that both precede and follow it ("Mikra Nidrash Lefanav ul'Acharav").


10a) [line 14] L'OLAM HU CHAYAV ADSHE'TEHEI PARAH V'CHORESH BAH - the Shomer (or Sho'el) is Chayav (and is not exempt through the exemption of "Ba'alav Imo") until the owner plows with the actual cow that the Shomer borrowed
b) [line 15] CHAMOR U'MECHAMER ACHAREHA - or until the owner guides the actual donkey that the Shomer borrowed

11) [line 23] KA MERAPEI V'AZIL KAMAH - he (the owner) is walking in front of it (the borrowed animal) and softening [the ground for it with a hoe]

12) [line 23] AL GABAH - (lit. on it) working directly with it (the animal)
13) [line 26] REVUSA - a Chidush; a novel teaching

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