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Bava Metzia 42

BAVA METZIA 42 (19 Teves) - has been dedicated to the memory of Hagaon Rav Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad Yisrael (on Rambam) and many other Sefarim, by his son, Benayahu Krieger.


(a) (Mishnah): Reuven deposited coins by Shimon; they were lost through one of the following: Shimon wrapped them and cast them on his back (and carried them), or gave them to his (minor) children to guard, or he locked in front of them improperly - he is liable, for this is not as people guard;
(b) If he guarded normally, he is exempt.
(c) (Gemara) Question: The other cases we understand - but wrapping them and casting them on his back, what else should he have done?
(d) Answer (Rava): "V'Tzarta ha'Kesef b'Yadecha" - even if the money is wrapped, it should be in your hand.
(e) (R. Yitzchak): A person's money should always be in his hand - "V'Tzarta ha'Kesef b'Yadecha".
(f) (R. Yitzchak): A person should invest a third of his money in land, a third in merchandise, and leave a third as money.
(g) (R. Yitzchak): Blessing only comes on something hidden from view - "ha'Beracha Ba'asamecha" (a language of Samuy, hidden).
(h) (Tana d'vei R. Yishmael): Blessing only comes on something that cannot be seen - "Ba'asamecha (in your storehouse, which is hidden).
(i) (Beraisa): One who goes to measure his grain - first, he should ask Hash-m to send a blessing on it;
1. While measuring, he blesses Hash-m to thank Him;
2. If he requests after measuring - this is a vain prayer, for blessing does not take effect on anything weighed, measured or counted, only on something that is not seen.
(a) (Shmuel): The only proper guarding of coins is in the ground.
(b) (Rava): Shmuel admits that one who receives a deposit of coins just before Shabbos is not obligated to bury it then;
1. If he does not bury it immediately after Shabbos, this is negligence, he is liable.
2. If the depositor is a Chacham, he need not bury them immediately - perhaps the Chacham needs money for the needs of Havdalah;
3. Nowadays, thieves use rods to feel for where (the ground is thin, suggesting that) coins may be buried there, so money should be concealed in the roof rafters;
4. Nowadays, thieves break roofs, money should be concealed between layers of a wall.
(c) (Rava): Shmuel admits that money may be hidden in a wall.
1. Nowadays, thieves feel for hollows in the wall, coins should be buried in the Tefach closest to the ground or the ceiling.
(d) Question (Rav Acha brei d'Rav Yosef - Mishnah): The ceiling caved in, burying Chametz - we consider it Mevu'ar (eradicated);
1. R. Shimon ben Gamliel says, if a dog cannot uncover it, it is Mevu'ar.
2. (Beraisa): A dog can dig up 3 Tefachim.
3. Summation of question: Are three Tefachim needed to guard money?
(e) Answer (Rav Ashi): Three Tefachim are needed by a dog, that is how far it can smell;
1. To guard money, it suffices that it is hidden, 3 Tefachim are not needed.
2. Question: How much is needed?
3. Answer (Rafram of Sichra): One Tefach.
(f) Reuven deposited coins by Shimon, who put them in a shack of willow branches; they were stolen.
(g) (Rav Yosef): This is guarded from thieves, it is negligence regarding a fire (had a fire erupted, they would have perished);
1. Version #1: When the beginning was negligence and the end was Ones, he is liable.
2. Version #2: When the beginning was negligence and the end was Ones, he is exempt.
i. The Halachah is, he is liable.
(h) Reuven deposited coins by Shimon; when he claimed them, Shimon forgot where he put them.
(i) (Rava): This is negligence, Shimon must pay.
(a) Reuven deposited coins by Shimon, who gave them to his mother to guard; she put them in a chest, and they were stolen.
(b) (Rava): We cannot make Shimon pay - one who deposits expects that the watchman will entrust the deposit with (adult) members of the watchman's family.

1. We cannot make his mother pay - she was not told that it was another's money, that she should bury it!
2. Suggestion: Shimon is negligent for not telling her it is another's money.
3. Rejection: All the more so, if she thinks it is her son's she will guard it well!
4. Conclusion: Shimon swears that he gave them to his mother, she swears that they were stolen from the chest, and they are exempt.
(c) An overseer of orphans bought an ox for them; he gave it to a cattle herder (Levi). It did not have (Rashi - gums or) teeth; it could not eat, so it died.
(d) (Rami bar Chama): We cannot obligate the overseer - he gave it to Levi!
1. We cannot obligate Levi - he put it with the other cattle and put food in front of it, he did not know it was not eating!
2. Question: Levi was being paid by the orphans, he should have checked!
3. Answer: Indeed, if the orphans stood to lose money, Levi would be liable;
i. The case is, the orphans found the seller and recovered their money from him.
4. Question: If so, who was claiming to be paid?
5. Answer: The seller - he is upset that they did not tell him (that it has no teeth and they want to return it).
6. Question: It was his animal, he knew it was a mistaken sale!
7. Answer: The case is, the seller buys cattle and sells them, he did not know it had no teeth.
8. Conclusion: The seller swears that he did not know it had no teeth, and the herdsman pays (the seller) for the meat at a discount (two thirds of the full price, and returns the skin. Rashi - this is a compromise; Tosfos - this is what it was worth, for the seller would have had to slaughter it immediately, it would not have lived until the market day to get the full price.)
(e) Reuven deposited hops by Shimon. Shimon told his servant (Levi) 'Take from here (Shimon's hops) and put in my beer'; Levi took Reuven's.
(f) (Rav Amram): We cannot obligate Shimon - he told Levi to take from Shimon's own hops!
1. We cannot obligate Levi - Shimon did not say not to take from the other pile!
2. Question: If Levi delayed long enough so that Shimon could tell that he went to take Reuven's - this shows that Shimon consented!
3. Answer: The case is, he did not delay so long.
4. Question: What was the loss? Shimon's hops were not taken, he will give them to Reuven!
5. Answer #1 (Rav Sama brei d'Rava): The case is, the beer soured.
6. Answer #2 (Rav Ashi): The hops had thorns mixed in, he did not want them in his beer,
i. The Halachah is, Shimon must pay Reuven the amount his beer increased in value.
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