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 33
1) LIMITATIONS OF THE MITZVAH
(a) Question (Beraisa): "Rovetz (crouching)" - not an animal
that always crouches, nor an animal standing under its
2) SPECIAL LAWS OF ONE'S REBBI
1. "Tachas Masa'o" - a load it can stand under; also,
not an unloaded animal (that must be loaded again).
(b) Answer: The Tana is R. Yosi ha'Galili, who says that pain
to animals is mid'Rabanan.
2. If pain to animals is mid'Oraisa - he should be
obligated even if it always crouches or is standing!
(c) Support (Beraisa): "Tachas Masa'o" - a load it can stand
1. We know that R. Yosi ha'Galili expounds thusly!
(d) Question: The Beraisa cannot be R. Yosi ha'Galili!
1. (End of the Beraisa): "Tachas Masa'o" - not an
(e) Answer: Really, the Tana is R. Yosi; regarding loading,
he agrees with Chachamim.
2. Question: What does this mean?
i. If it means, there is no Mitzvah to load an
unloaded animal - but it says "Hakim Takim"!
3. Answer: Rather, there is no Mitzvah to load it for
free, only for pay - this is as Chachamim!
(f) (Beraisa): "Ki Tireh (when you will see)" - one might
have thought, even from afar - "Ki Tifga (when you will
encounter)" teaches, this is not so
(g) Suggestion: Perhaps "Ki Tifga" means literally, when you
(h) Rejection: "Ki Tireh".
1. We fulfill both verses through seeing which is as
encountering - Chachamim estimated, when it is one
Ris (seven and a half Ris equals one Mil) away.
(i) (Beraisa): He walks with it for four Mil.
(j) (Rabah bar bar Chana): This is for pay.
(a) (Mishnah): Reuven's own lost object takes precedence over
that of his father or Rebbi;
3) WHAT TO LEARN
(b) The lost object of his Rebbi takes precedence over that
of his father;
1. This is because his father brought him to this
world, but his Rebbi, who taught him Chachmah,
brings him to eternal life;
(c) If his father and Rebbi were carrying burdens - he helps
his Rebbi unload, then his father.
2. If his father is a Chacham, his father's takes
(d) If his father and Rebbi were imprisoned - first he
redeems his Rebbi, then his father;
1. If his father is a Chacham, he redeems his father
(e) (Gemara) Question: What is the source (that his own
object takes precedence)?
(f) Answer (Rav Yehudah): "Lo Yiheyeh Becha Evyon" - you
should not become poor (by abandoning your own lost
1. (Rav Yehudah): Anyone who is very zealous about
putting his own first (he never goes beyond the
letter of the law) will ultimately become poor.
(g) (Mishnah): If his father and Rebbi were carrying burdens
- he helps his Rebbi unload, then his father.
(h) (Beraisa - R. Meir): The Mishnah speaks of the Rebbi that
taught him Chachmah (the reasons behind the Mishnayos and
how to resolve difficulties), not the Rebbi that taught
him written Torah or the text of the Mishnah;
1. R. Yehudah says, whomever he learned most of his
(i) A Chacham explained to Shmuel one part of a Mishnah about
opening the Mikdash - Shmuel tore his clothing (as one
does for his Rebbi) when the Chacham died.
2. R. Yosi says, even if he only enlightened him
regarding one Mishnah, he is considered his Rebbi.
3. (Rava): This is as Rav Sechorah, who explained to us
'Zuhama Listron' (a ladle to push aside the froth).
(j) (Ula): Chachamim in Bavel rise for each other and tear
clothing over each other;
1. Regarding a lost object, they only give precedence
to their primary Rebbi (over their fathers).
(k) Question (Rav Chisda): What is the law regarding a Talmid
whom the Rebbi needs (to hear what the Talmid learned
(l) Rav Huna: I don't need you - you need me!
1. They were upset with each other, and did not see
each other for 40 years. Rav Chisda fasted 40 days
for having pained his Rebbi; Rav Huna fasted 40 days
for having suspected that Rav Chisda asked about
(m) (R. Yitzchak bar Yosef citing R. Yochanan): The Halachah
follows R. Yehudah.
(n) (Rav Acha bar Rav Huna): The Halachah follows R. Yosi.
(o) Question: Did R. Yochanan really rule as R. Yehudah? R.
Yochanan says, the Halachah follows an anonymous Mishnah!
1. (Mishnah): "His Rebbi that taught him Chachmah"
(this is as R. Meir)!
(p) Answer: The Mishnah means, most of his Chachmah - as R.
(a) (Beraisa): Learning oral Torah - it is good, but not
1. Learning Mishnah - it is good, one is rewarded for
2. Learning Gemara - it is the greatest;
i. A person should run to learn Mishnah more than
3. Question: If Gemara is greatest; why should a person
run to learn Mishnah more than Gemara?!
***** PEREK HA'MAFKID *****
4. Answer (R. Yochanan): In Rebbi's day, they taught
that Gemara is greatest; everyone abandoned Mishnah
and only engaged in Gemara;
(b) Question: What was the source to say that Gemara is
i. There was danger that the Mishnah would be
forgotten - therefore, Rebbi taught that
learning Mishnah takes precedence.
(c) Answer (R. Yehudah): "Haged l'Ami Pisham (tell to my
nation their transgression)" - these are Chachamim, their
oversights (when then give mistaken rulings because they
did not understand the reasons behind the Mishnayos) are
considered like intentional sins;
1. "Ul'Beis Yakov Chatasam" - these are ignoramuses,
their intentional sins are considered unintentional.
(d) (Mishnah - R. Yehudah): Be careful in your learning - one
is punished for an oversight in learning as for an
(e) (Beraisa - R. Yehudah): "Ha'Charedim El Devaro (those
diligent to His word)" - these are Chachamim; "Acheichem"
- these are people that only learn oral Torah;
"Sone'eichem" - these are people that only learn Mishnah
(they are unqualified to decide Halachah, but do so
anyway); Menadeichem" - these are ignoramuses (Chachamim
shun them as Nidos).
1. "V'Nireh b'Simchaschem" - we will all rejoice.
2. "V'Hem Yevoshu" - Nochrim, but Yisrael will rejoice.
4) A WATCHMAN CAN GET DOUBLE PAYMENT
(a) (Mishnah): Reuven deposited by Shimon an animal or
vessels and they were stolen or lost. Shimon could swear
(that he was not negligent) and be exempt. If he paid and
did not want to swear, and the thief was found, he pays
double (or four or five, if it was slaughtered or sold)
1. If Shimon swore and did not want to pay, payments of
double, four or five go to Reuven.
(b) (Gemara) Question: Why must the Mishnah list both an
animal and vessels?
(c) Answer: We must teach both cases.
1. If it only taught an animal - one might have
thought, only by an animal Reuven allows Shimon to
acquire the (deposit in order that he will acquire
the) double payment, because watching an animal is a
burden - but if he watched vessels, Reuven gets it;
2. If it only taught vessels - one might have thought,
only by vessels Reuven allows Shimon to acquire the
double payment, because it is never more than double
- but regarding an animal, the payment can be four
or five, he does not allow Shimon to acquire - the
Mishnah teaches, this is not so.