POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Metzia 6
BAVA METZIA 6 - Dedicated in honor of the Yahrzeit of Eliezer ben Reb Shraga
Feivel Marmorstein (6 Kislev) by his nephew, whom he raised like his own
child after the war, Mr. D. Kornfeld.
1) IF SOMEONE GRABBED THE GARMENT
(a) Question (R. Zeira): If Reuven grabbed the garment in
front of Beis Din - what is the law?
2) MAKING DISPUTED PROPERTY HEKDESH
1. Question: What is the case?
(b) Answer (Rav Nachman - Beraisa): The case is, both are
holding it - but if 1 holds it alone, for the other to
take it from him, he must bring proof!.
i. If Shimon kept quiet - he admits it is
2. Answer: The case is, he was silent, then protested.
ii. If Shimon protested - what else could he do?
i. Do we say that his initial silence was an
ii. Or - does his protest reveal that his initial
silence was only because he felt no need to
protest, since Beis Din sees what happened?
1. Question: What is the case?
(c) Rejection #1: No - both were holding it; we told them to
split it. They left, and came back with Reuven holding
it. Reuven says that Shimon admitted to him; Shimon says
that he rented his half to Shimon.
i. If, simply, 1 holds it - obviously, it is his
(unless the other brings proof)!
2. Answer: Rather, (both were holding it, and) Reuven
grabbed it in front of Beis Din.
1. Shimon is not believed - he claims that Reuven is a
thief, he would not rent to him without witnesses!
(d) Rejection #2: No - when they entered Beis Din, Reuven was
holding the garment itself, Shimon was holding onto the
1. Even Sumchus, who holds that when in doubt, we
divide the money without an oath, admits that
holding onto the fringes has no significance.
(a) If you will say that if when Reuven grabs it in front of
Beis Din, we take it back (and Shimon gets half) - if
Reuven declared it Hekdesh, (Shimon's half - some
explain, the entire garment) is not Hekdesh;
(b) Question: If you will say that if when Reuven grabs it in
front of Beis Din, he keeps it - what if Reuven declared
it Hekdesh without grabbing it?
1. Since a declaration to Hekdesh is like an
acquisition to a person, is it like grabbing it?
2. Or - since he did not grab it, it is not in his
jurisdiction, it does not become Hekdesh.
i. "A man that will make his house Hekdesh" - just
as his house is under his jurisdiction, a man
can only make Hekdesh things in his
jurisdiction, such as a disputed garment.
(c) Answer: Reuven and Shimon were fighting over a bathhouse,
each said it was his. Reuven declared it Hekdesh - R.
Chananya, R. Oshaya and all the Chachamim stopped using
3) MA'ASER OF ANIMALS
1. R. Oshaya asked Rabah to ask Rav Chisda about it.
2. Rav Hamnuna: A Mishnah teaches the law!
i. (Mishnah): A doubtful case of a firstborn -
whether a firstborn of a person or an animal,
whether Tahor or Tamei (i.e. a donkey), to take
from another, one must bring proof.
3. Objection (Rabah): That is unlike our case, for the
Kedushah of a firstborn comes automatically, while
in our case it must be his in order for him to be
ii. (Beraisa): It is forbidden to shear or work
with a doubtful firstborn.
iii. If a Kohen took the doubtful firstborn, he
would have to return it (we said, to take from
another, one must bring proof) - even without
taking it, it is forbidden to shear or work it!
(a) Support (for Rabah - R. Chananya - Beraisa): A doubtful
animal (we do not know if it belongs to the Kohen -
later, the case will be explained) is tithed with other
1. If a Kohen who took a doubtful animal gets to keep
it - how could the Yisrael make it Ma'aser, he
exempts his obligation with the Kohen's property!
(b) Rejection (Abaye): (This is no proof - we can say, a
Kohen who took a doubtful animal must return it;) the
case is that there are only 9 other animals - no matter
what you will say, there is no problem.
1. If it really belongs to the Yisrael - it can
properly be Ma'aser;
(c) Retraction (Abaye): This is wrong - a doubtful animal is
2. If it really belongs to the Kohen - the Yisrael has
no obligation to take Ma'aser!
1. (Mishnah): An animal already counted (during
tithing) jumped back into the pen and was mixed with
the uncounted animals - they are all exempt.
i. If doubtful animals may be tithed - we should
be able to tithe, no matter what the status is!
2. Rather, we must say that the Torah requires a
definite tenth; (what is to us) a doubtful tenth
(perhaps it was already counted) cannot be Ma'aser
(even if in truth it was not already counted);
ii. If it was not yet counted - it is properly
iii. If this is the animal that was counted - the
others are exempted because when they were
counted, proper Ma'aser was standing to be
iv. (Rava): An animal that was counted when Ma'aser
was standing to be taken is exempt (even if
Ma'aser is not taken, e.g. the tenth animal
died before it was called Ma'aser).
i. Also by the doubtful cases (perhaps they are
the Kohen's), they are not fitting to be
Ma'aser (even if in truth they belong to the