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 35
1) THE QUESTION (continuation)
(a) Formulation of question: According to Rav Huna, Reuven
must swear that it is not in his premises - how could he
then show it?!
2) RETRIEVING PROPERTY COLLECTED FOR A DEBT
(b) Answer #1 (Rava): Witnesses testified that the collateral
was burned (so we did not make Reuven swear).
(c) Objection: If so, there is no concern that Reuven will
show the collateral!
(d) Answer #2 (Rav Yosef): Rather, witnesses testified that
the collateral was stolen.
(e) Question: Also here, there is no concern that Reuven will
show the collateral!
(f) Answer: Reuven will toil to track it down to show that
Shimon swore falsely.
(g) Question: If so, even (in the last case) when Reuven
swears, we should be concerned that Shimon will track it
down to show that Reuven swore falsely!
(h) Answer: It was stolen from Reuven's house - Reuven knows
who was in his house, he can track down the thief, but
Shimon does not know who was in Reuven's house, he cannot
track him down.
(i) Answer #3 (Abaye): The concern of the Mishnah is that
Reuven will later say 'After I swore, I found it', and he
will show that Shimon swore falsely.
(j) Answer #4 (Rav Ashi): (The question was based on a
misunderstanding - the last clause of the Mishnah does
not teach that Chachamim removed the oath from Shimon and
imposed it on Reuven -) rather, Shimon swears mid'Oraisa,
and Reuven swears on account of Rav Huna's concern. The
Mishnah teaches that Reuven swears first, for if Shimon
would swear first, perhaps Reuven would show the
collateral and prove that Shimon swore falsely.
(k) Question (Rav Huna bar Tachlifa - Mishnah): If Shimon
says 'I borrowed one Sela, the collateral was worth two -
you must pay me one' and Reuven says that the loan and
collateral were both worth one, Reuven need not swear.
1. According to Rav Huna, Reuven must swear that he
does not have the collateral - through Gilgul,
Shimon can also make him swear how much it was
(l) Answer (Rav Kahana): The case is, Shimon trusts Reuven
that he lost the collateral, he exempts him from Rav
(m) Question: If he trusts him, he should also trust him
regarding its value!
(n) Answer: Shimon reasons, Reuven did not look so carefully
to see its value.
(o) Question: Reuven should trust Shimon, for Shimon surely
knows its value!
(p) Answer: Reuven does not trust Shimon at all.
(q) Question: Why does the Tana assume that the borrower
trusts the lender, but not vice-versa?
(r) Answer: The borrower applies to the lender "Tumas
Yesharim Tanchem (the purity of the straight guides
them)", the lender applies to the borrower "V'Selef
Bogedim Yeshadem" (the crookedness of the betrayers makes
(a) Reuven deposited nose rings by Shimon; when he claimed
them, Shimon said he forgot where he put them.
(b) Rav Nachman: That is negligence, Shimon must pay.
(c) Shimon did not pay; Rav Nachman gave Shimon's yard to
Reuven as payment. Later, they were found; they had risen
(d) Rav Nachman: Reuven gets his rings back, and Shimon gets
his yard back.
(e) Rava: We were learning this Perek at the time. I asked
Rav Nachman (from the Mishnah) 'If Shimon paid and did
not want to swear...' - he did not answer;
1. Justifiably, he did not answer me! There (Reuven
wants Shimon to acquire the deposit, and double
payment if the thief is found) because Shimon did
not force Reuven to go to Beis Din; here, Reuven is
upset that he had to go to Beis Din to get paid, he
does not want Shimon to acquire.
(f) Suggestion: We learn from this that Rav Nachman says that
when property is collected to pay a debt, if the debtor
later pays money, he receives back his property.
(g) Rejection: No - the yard was collected by mistake, for
the rings were never lost.
(h) (Chachamim of Nehardai): A debtor whose property was
collected to pay a debt, he has 12 months to pay the debt
and get back his property.
(i) (Ameimar): I am from Nehardai - I hold, he can always
redeem his property!
(j) The Halachah is, the lender can always redeem his
property,(Chachamim enacted this) based on "v'Asisa
ha'Tov v'haYashar (you will do what is straight and
(k) Clearly, if Reuven collected Shimon's field, and Levi
collected it from Reuven, Levi has no more right to keep
it than Reuven (i.e. Shimon can buy it back from Levi);
1. If Reuven collected Shimon's field, and then sold,
gave or bequeathed it to Levi - Levi wanted land,
not money (Shimon cannot force Levi to sell it).
2. If Leah collected Shimon's field and then married
Levi, or if Reuven collected Leah's field and then
she married Levi and she died - a husband is like a
buyer (regarding his wife's property), the original
owner has no right to buy back the field.
i. (R. Yosi bar Chanina): In Usha, they enacted
that a married woman who sold her Melug
property and then died, her husband takes it
back from the buyers (we consider him to be a
previous buyer, from the time he married her).
(l) (Rav Acha or Ravina): If Shimon willingly gave Reuven his
field (to pay his debt), Shimon can later pay money and
take back his field.
3) A RENTER THAT LENT THE OBJECT
(m) (The other of Rav Acha and Ravina): Shimon has no right
to get back his field.
1. The latter opinion considers collection of the field
like a sale, for he willingly gave it;
(n) Question: When may the lender eat the produce of the land
2. The first opinion says that Shimon did not want to
give it - he gave it to avoid the embarrassment of
going to Beis Din.
(o) Answer #1 (Rabah): From when he receives the Adrachta.
(p) Answer #2 (Abaye): (From the day the Adrachta is signed)
- when witnesses sign a document, the receiver acquires
(q) Answer #3 (Rava): When the days of announcement (to sell
the field) are over.
(a) (Mishnah): Reuven rented Shimon's cow, and lent it to
Levi; it died normally.
1. Reuven swears that it died normally, and Levi pays
(b) (Gemara - Rav Idi bar Avin) Question: Reuven (exempts
himself, and thereby) acquires the cow through his oath -
why can't Shimon say, 'Don't swear, I will demand my cow
2. R. Yosi says, one does not profit through another's
property - rather, Levi pays Shimon.
(c) Answer (Abaye): Reuven does not acquires it through his
oath, rather, through the death;
1. The oath is merely to placate the owner.
(d) (R. Zeira): Sometimes the owner pays multiple cows to the
1. Reuven rented Shimon's cow for 100 days, and lent it
back to Shimon for 90 days; Reuven rented it back
for 80 days, and lent it back to Shimon for 70 days.
It died during the 70 days - Shimon must pay a cow
to Reuven for each time he borrowed it.
(e) Question (Rav Acha mi'Difti): It was the same cow that
was rented and borrowed each time - it should suffice
that Shimon pay 1 cow (and provide Reuven with a second
cow to work with for the 20 days that the rentals
cumulatively exceeded the borrowings)!
(f) Answer (Ravina): Indeed, if the cow was alive, it would
suffice to return it (for the 20 days Shimon is entitled
to work with it);
(g) (Mar bar Rav Ashi): Reuven never need return more than
two cows, one for the borrowing, one for the rental;
1. The cow for the borrowing Shimon keeps; the cow for
the rental he keeps for 20 days (as above).