POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 43
1) MONEY DEPOSITED WITH A MONEYCHANGER
(a) (Mishnah): Reuven deposited money by a moneychanger
2) UNAUTHORIZED USAGE
1. If it was wrapped, Shimon may not use it; therefore
(he is as a free watchman), if it was lost, Shimon
(b) If Reuven deposited money by a regular person (Levi),
whether or not it was wrapped, Levi may not use it;
therefore (he is as a free watchman), if it was lost,
Levi is exempt.
2. If it was loose, he may use it; therefore (he is as
a borrower), if it was lost, he is liable.
(c) R. Meir says, a grocer has the law of a regular person;
(d) R. Yehudah says, a grocer is as a moneychanger.
(e) (Gemara) Question: Just because they are wrapped, why
can't he use them?!
(f) Answer #1 (Rav Asi): They are wrapped and sealed (such
that it will be known if it was opened).
(g) Version #1 - Answer #2 (Rav Mari): They are tied in an
(h) Version #2 - Question (Rav Mari): What is the law if they
are tied in an unusual knot?
(i) This question is not resolved.
(j) (Mishnah): If the money was loose, he may use it...
(k) (Rav Huna): Even if it was (lost through) Ones, he is
(l) Question: But the Mishnah only obligates him if it was
(m) Answer: As Rabah said (elsewhere), 'they were stolen' -
by armed robbers;
1. Similarly, 'they were lost' - (through Ones, e.g.)
his ship sank.
(n) (Rav Nachman): If it was Ones, he is exempt.
(o) Question (Rava): You must say, he is not a borrower - if
so, nor is he a paid watchman (he should be exempt even
(p) Answer (Rav Nachman): He is a paid watchman, because he
benefits from the money (before using it) - he knows that
if a profitable purchase presents itself, he can use the
(q) Question (against Rav Huna - Rav Nachman - Beraisa):
Reuven (the treasurer of Hekdesh) deposited money (he
forgot that it was Hekdesh) by a moneychanger (Shimon):
1. If it was wrapped, Shimon knew he may not use it
(even though he thought it was Chulin); therefore,
if he uses it, Reuven did not transgress Me'ilah;
(r) Answer (Rav Huna): Indeed, he is liable even before using
2. If it was loose, Shimon (thought he) could use it;
therefore, if he used it, Reuven transgressed
3. Summation of question: If Shimon is liable for Ones
- you consider him like a borrower - if so, the
money left Hekdesh's domain (and Reuven transgressed
Me'ilah) even before Shimon uses it!
1. The Beraisa mentioned using it for parallel
structure with the previous case.
(a) (Mishnah - Beis Shamai): One who makes unauthorized use
of a deposit - he suffers to pay the decrease and
increase in value (if he got rid of it at a later date,
he pays its value then or when he first used it,
whichever is higher);
(b) Beis Hillel say, he pays according to when he removed it;
(c) R. Akiva says, he pays its value at the time he is
brought to trial.
(d) (Gemara - Rabah): Reuven stole a barrel of wine from
Shimon. Originally it was worth one; in the end, it was
worth four. If he broke or drank it, he pays four; if it
broke by itself, he pays one.
(e) Question: Why is this?
(f) Answer: If it would be intact, he would return it to
Shimon - when he breaks or drinks it, he steals it;
1. (Mishnah): All thieves pay as at the time of the
(g) If it broke by itself, he pays one.
(h) Question: Why is this?
(i) Answer: Now, he did nothing to be liable for; his
liability is for when he stole it - then, it was worth
(j) (Mishnah): Beis Hillel say, he pays according to when he
(k) Question: What does this mean?
1. Suggestion: When he removed it from the world (e.g.
2. Question: What is the case?
3. Suggestion: It was worth less when he ate it than
when he stole it
4. Rejection: No one says thusly!
i. (Mishnah): All thieves pay as at the time of
5. Suggestion: It was worth more when he ate it than
when he stole it.
6. Rejection: Beis Shamai say thusly!
(l) Answer #1: Rather, it means when he removed it from the
3) THE OPINION OF R. AKIVA
(m) Objection: If so, Rabah's law is as Beis Shamai!
(n) Answer #2: (Really, Beis Hillel mean when he removed it
from the world;) all agree when the value increases (that
he pays the higher);
1. They (do not argue by theft, rather by unauthorized
use if a deposit they) argue when it decreases in
(o) Question: If so, Rava's law (one who makes unauthorized
use is a robber even without diminishing the object) is
as Beis Shamai!
2. Beis Shamai say that one who makes unauthorized use
is considered a robber even without diminishing the
object - he is as a robber from when he took it, his
object decreased in value;
3. Beis Hillel say that he is a robber only if he
decreased the value - he only becomes a robber when
he removed it, when it was worth less.
(p) Answer #3: The case is, he moved it so chicks will climb
on it; they argue whether one who borrows without
permission is considered a robber.
1. Beis Shamai say that he is - he is a robber from
when he moved it, his object decreased in value;
(q) Objection: But Rava taught that one who borrows without
permission is considered a robber - this is as Beis
2. Beis Hillel say that he is not a robber - he did not
become a robber until (he removed it, when) it was
(r) Answer #4: Rather, they argue regarding increased value
due to changes in the item itself; Beis Shamai say that
the owner receives it, Beis Hillel says that the robber
(s) The following Tana'im also argue regarding this.
1. (Beraisa - R. Meir): Reuven stole a sheep and
sheared it, and it gave birth - he pays it and its
shearings and its offspring;
2. R. Yehudah says, he only returns the stolen object
3. Support (Mishnah - Beis Shamai): One who makes
unauthorized use of a deposit - he suffers to pay
the decrease and increase;
4. Beis Hillel say, he pays as when he removed it.
(a) R. Akiva says, he pays its value at the time he is
brought to trial.
4) INTENTION TO MAKE UNAUTHORIZED USE
(b) (Rav Yehudah): The Halachah follows R. Akiva; R. Akiva
admits when there are witnesses (who saw the theft and
know what it was worth).
(c) Question: Why is this?
(d) Answer: "B'Yom Ashmaso (the day of his guilt)" - since
witnesses saw him use it, he immediately acquired it as a
(e) (R. Oshiya): Rav Asi taught that R. Akiva argues even
when there are witnesses.
(f) Question: Why is this?
(g) Answer: "Be'Yom Ashmaso" - it is Beis Din that rules that
he is a robber.
(h) (R. Aba bar Papa): The Halachah follows R. Akiva always.
(i) Question: What does he mean by 'always'?
(j) Answer #1 (Rav Ashi): Even when there are witnesses.
(k) Answer #2: To include if he returned it to the place he
took it from, and it broke later;
1. This teaches that the Halachah is not as R.
Yishmael, who says that he need not tell the owner.
(l) (Rava): The Halachah follows Beis Hillel.
(a) (Mishnah - Beis Shamai): One who (Tosfos - says that he)
intends to make unauthorized use of a deposit - he is
liable (for any future Ones);
(b) Beis Hillel say, he is only liable if he actually took
the object - "Im Lo Shalach Yado".
1. If he tilted a barrel and took a Revi'is from it,
and it broke - he only pays for the Revi'is;
2. If he lifted a barrel and took a Revi'is from it,
and it broke - he pays for the whole barrel.