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 55
BAVA METZIA 51-55 - Mrs. Estanne Abraham-Fawer has dedicated two weeks of
Dafyomi study material to honor the second Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the
merit of supporting and advancing the study of the Talmud be l'Iluy
1) SECONDARY HEKDESH (cont.)
(a) Question (Rav Ashi): Why does the Tana assume that a
Tamei animal is always initial Hekdesh? Perhaps it is
intermediate Hekdesh (it was used to redeem Hekdesh,
later, it will be redeemed, for it is not fitting for the
2) THINGS DEPENDANT ON A PERUTAH
(b) Answer (Ravina): He calls it initial Hekdesh because it
cannot be final Hekdesh, this is why the added fifth does
not apply to it.
(c) Question (Rav Acha mi'Difti): But when it is intermediate
Hekdesh, there should be an added fifth for it!
(d) Answer (Ravina): Intermediate Hekdesh is like final
Hekdesh (something offered in the Mikdash) - just as
there is no added fifth for the latter (it is not
redeemed), also for the former.
(e) Question (Mar Zutra brei d'Rav Mari): Why do you compare
intermediate Hekdesh to final Hekdesh, and not initial
(f) Answer (Ravina): It is preferable to learn Hatfasah
(imbuing with Kedushah of existing Hekdesh) from
Hatfasah, and not from initial Hekdesh.
(g) Question (Mar Zutra): Just the contrary! It is preferable
to learn something which can be redeemed from something
which can be redeemed, not from final Hekdesh!
(h) Answer: As Rava taught - "Ha'Olah" - the first
burnt-offering - similarly, "Ha'Teme'ah", the first!
(i) Support (for R. Yehoshua ben Levi - Beraisa): Reuven said
'This cow or garment is (Hekdesh) in place of this
Hekdesh cow', it is redeemed, and Hekdesh has the upper
hand (if the redemption is worth more than the Hekdesh,
the redemption stands; if it is worth less than the
Hekdesh, Reuven must give the difference to Hekdesh).
1. 'This cow or garment should be as 5 Shekalim in
place of (i.e. to redeem) this Hekdesh cow', - even
if it is not worth five Shekalim, it is redeemed
(Rashi - and Hekdesh has the upper hand; Tosfos -
here, he need not add anything, for he intended to
redeem onto this cow or garment even if it is worth
less than the Hekdesh);
2. He adds a fifth when redeeming initial Hekdesh, not
(a) (Mishnah): The threshold of Ona'ah is four (Ma'os of)
silver (per Sela); the oath of partial denial is only
when the claim was at least two (Ma'os of) silver, and
the admission was at least a Perutah;
3) WHY SOME CASES WERE OMITTED
(b) A Perutah is the required quantity for five things: the
admission; money to Mekadesh a woman; benefit from
Hekdesh to transgress Me'ilah; the value of a found
object that obligates the finder to announce it; and one
who stole a Perutah and swore that he did not - he must
return it, even if the owner is overseas.
(c) (Gemara) Question: A Mishnah (49B) already taught this -
the threshold of Ona'ah is four Ma'os per Sela, a sixth
of the purchase!
(d) Answer: The Chidush is the next case, the oath of partial
denial requires a claim of two Ma'os and an admission of
(e) Question: That is also taught in another Mishnah - the
oath of partial denial requires a claim of two Ma'os and
an admission of a Perutah!
(f) Answer: The Chidush is that a Perutah is the required
quantity for five things.
(g) (Mishnah): A Perutah is the required quantity for five
(h) Question: It should also list, the threshold of Ona'ah is
(i) (Rav Kahana): The omission teaches that Ona'ah of Perutos
is not Ona'ah (only Ona'ah of Isarim, silver coins).
(j) (Levi): Ona'ah applies to Perutos.
(a) Levi taught in his Tosefta: A Perutah is the quantity for
five things: Ona'ah; the admission; money to Mekadesh a
woman; theft; and a claim to obligate judges to judge the
(b) Question: Why didn't our Tana teach a claim to obligate
judges to judge the case?
(c) Answer: He already taught theft.
(d) Question: Even so, he also taught a found object - if so,
he could also teach a claim to obligate judges to judge
(e) Answer: Each of those had a Chidush:
1. Theft - one who stole a Perutah and swore that he
did not, he must return it, even if the owner lives
(f) Question: Why didn't Levi teach a found object?
2. A found object - if it was worth a Perutah when he
found it he must announce it, even if it declined in
value to less than a Perutah.
(g) Answer: That is included in theft.
(h) Question: But he taught theft and a claim to obligate
judges to judge the case!
(i) Answer: That was needed to exclude the opinion of Rav
1. (Rav Katina): Beis Din must judge a case of less
than a Perutah.
(j) Question: Why didn't Levi teach Me'ilah?
(k) Answer: He only lists Perutos of Chulin.
(l) Question: Out Tana lists Perutos of Hekdesh - why did he
(m) Answer: He rules according to the opinion that it can
only imbue Kedushah to a coin if its fifth is worth a
Perutah (i.e. it is worth four Perutos).
(n) Question: Why didn't he teach, the fifth of Ma'aser must
be a Perutah (in order that the Ma'aser can put Kedushah
on a coin)?
(o) Answer: He does not speak of fifths, just principal.
(p) (Rav Katina): Beis Din must judge a case of less than a
(q) Objection (Rava - Beraisa): "Asher Chata Min ha'Kodesh
Yeshalem" - this includes less than a Perutah, that it
must be returned to Hekdesh.
4) STRENGTHENING RABBINICAL ENACTMENTS
1. It must be returned to Hekdesh - but not to a
commoner (so Beis Din would not judge the case)!
(r) Correction (Rav Katina): If Beis Din started judging a
case of a Perutah, they must give a verdict, even if the
claim changed and it is now less than a Perutah;
1. The beginning of the case must be for a Perutah, not
(a) There are five added fifths:
1. A non-Kohen who unintentionally eats Terumah,
Terumas Ma'aser of (definite) Tevel or Demai, Chalah
or Bikurim, he adds a fifth to what he ate and gives
it to the Kohen;
(b) (Gemara - Rava): R. Elazar was bothered - why is there an
added fifth for Terumas Ma'aser of Demai - did Chachamim
really strengthen their enactment as Torah law?!
2. One who redeems his fourth-year produce or Ma'aser
3. One who redeems his Hekdesh;
4. One who unintentionally benefits from a Perutah of
Hekdesh, he adds a fifth when paying back Hekdesh;
5. One who stole and swore falsely, when he admits his
sin, he adds a fifth to the theft.
(c) (Shmuel): The Tana is R. Meir, who holds that indeed
Chachamim strengthened their enactments as Torah law.
1. (Beraisa - R. Meir): A messenger brought a Get from
abroad; he did not say 'It was written and signed in
front of me' - if she remarried using this Get, she
must leave her husband, any children she had are
(d) Question: Does R. Meir say that because he did not say
'It was written and signed in front of me', she must
leave her husband any her children are Mamzerim?!
(Mid'Oraisa, the Get is valid!)
2. Chachamim say, the child are not Mamzerim;
i. To make the Get valid, he should give it again
in front of two witnesses and say 'It was
written and signed in front of me'.
(e) Answer: Yes, this is as he holds in general.
1. (Rav Hamnuna): R. Meir holds that a woman who
remarried using a Get that deviates from what
Chachamim enacted, she must leave her husband, the
children are Mamzerim.
(f) Question (Rav Sheshes - Mishnah - R. Meir): Ma'aser Sheni
of Demai - one may redeem silver (coins) onto silver or
copper, copper onto copper or food (even outside of
Yerushalayim), and he may redeem the food again;
(g) Chachamim say, he must take the food to Yerushalayim.
1. Question: But one may not redeem silver onto copper!
(h) Answer (Rav Yosef): Even though R. Meir is lenient
regarding redemption of Ma'aser of Demai, he is stringent
regarding eating it.
i. (Mishnah): A Sela of Ma'aser was mixed with a
Sela of Chulin - he brings a Sela's worth of
coins and says that the Ma'aser is redeemed
onto the coins; he then redeems the coins onto
the better of the two Sela'im;
2. Summation of question: We see one may only redeem
silver onto copper when forced - the previous
Mishnah allowed this l'Chatchilah by Demai!
ii. This is because one may only redeem silver onto
copper when forced, it should not be left that