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 68
BAVA METZIA 68 (16 Shevat) - dedicated by Gitle Bekelnitzky in
loving memory of Leah bas Mordechai Dovid and Chasya (Bikelnitzky), mother of her late husband, Simcha Bekelnitzky,
for the 41st Yahrzeit
1) OTHER LAWS OF MASHKANTA
(a) (Rav Ashi): Without specifying, Mashkanta is for a year.
2) SHARING THE PROFITS
(b) Question: What do we learn from this?
(c) Answer: The borrower can only redeem after a year.
(d) (Rav Ashi): The word Mashkanta comes from 'd'Shechunah
Gavei' (he dwells in it);
1. This teaches that if the borrower sells it, the
lender has first option to buy it, he is the closest
(e) (Rava): The following go against the Halachah: Tarsha of
Rav Papa, documents of Chuznai, land rentals of Narshai.
1. Tarsha of Rav Papa - he would sell wine in Tishrei
according to the price of Nisan, on condition to be
paid later (65A);
2. Documents of Chuznai - wholesalers that sell goods
to merchants (to be paid later); the amount written
in the document is the principal and half the
i. This is forbidden, for perhaps there will be no
profit (and the borrower must pay Ribis)!
3. Rentals of Narshai - they write that Reuven took
land as collateral, and rented it back to the owner;
ii. Mar bar Ameimar: My father does so - if the
buyer said he did not profit, he believed him!
iii. Rav Ashi: He should be concerned that if he
dies, his heirs might not believe the buyer!
iv. "Kishgagah she'Yotza mi'Lifnei ha'Shalit" - Rav
Ashi was not careful with his language, Ameimar
i. Reuven never acquired the land that he may rent
4. Nowadays, they write that Reuven acquired the field
and it was by him for a while, then he rented it
back - this is permitted, to encourage loans.
5. Rejection: No, also this is forbidden.
(a) (Mishnah): Reuven gave goods to Shimon to sell in a store
(for more than the wholesale price; half the goods are a
loan, half are a deposit, each gets the profit on his
half) - this is permitted only if in addition he pays him
as a worker (for selling Reuven's half);
1. The same applies if he gave money to buy goods and
share the profit;
(b) If he gave eggs to Shimon, to put hens on them to develop
chicks and share the profit (the increased value of
chicks over eggs), he must pay for Shimon's toil and the
1. The same applies if he estimated the value of calves
or foals, and asked Shimon to raise them (to share
the profits or loss);
(c) Version #1 - Rashi - (Gemara - Beraisa): He is paid as an
idle worker (the amount a worker would want to receive to
rest from his labor).
2. He may give calves or foals to Shimon to raise, on
condition to evenly share their value when they
reach a third of their ultimate growth (Rashi;
Rambam - three years) or donkeys until they can bear
(d) Question: But he did not rest - he was selling goods!
(e) Answer (Abaye): He is paid as a worker would want to
receive to engage in light labor (such as selling)
instead of his usual (harder) job.
3) CARING FOR ANIMALS
(f) Version #2 - Tosfos - (Beraisa): He is paid as an idle
(g) Question: What does this mean?
(h) Answer (Abaye): The amount a worker would want to receive
to rest from his labor. (end of Version #2)
(i) We must teach both cases.
1. If we only taught selling in a store - one might
have thought, since it is light work, he is only
paid as an idle worker - but to buy merchandise, he
would get his full normal wage;
(j) (Beraisa) Question: How much is he paid?
2. If we only taught buying merchandise - one might
have thought, since it is hard work, he is paid as
an idle worker - but to sell in a store, he would
get a pittance, even if he ate a drop of Reuven's
food, that is enough;
3. The Mishnah teaches, this is not so.
1. Answer #1 (R. Meir): Whatever they stipulate
suffices, be it much or little;
2. Answer #2 (R. Yehudah): It suffices if he eats
vegetables dipped in brine or a dried fig of Reuven;
3. Answer #3 (R. Shimon): He must receive his full
normal wage (as an idle worker).
(a) (Beraisa): We may not estimate and give (to share the
profits) goats, sheep or anything that eats and does not
(b) R. Yosi b'Rebbi Yehudah permits goats and sheep, for they
give milk and wool, and hens (they lay and hatch eggs).
(c) Question: Do Chachamim (the first Tana) say that milk and
wool do not suffice for the toil and food?!
(d) Answer: No - if Shimon keeps all the milk and wool, all
agree that this is permitted;
1. They argue when he only gets whey and wool that is
washed off the sheep.
(e) (Beraisa): Leah has a hen - she may charge Rachel two
chicks a year for sitting it on Rachel's eggs;
2. Chachamim rule as R. Shimon, that he must receive
full wages; R. Yosi b'Rebbi Yehudah rules as R.
Yehudah, it suffices that he eats a drop.
1. R. Yehudah says, she may stipulate that they will
share the chicks; R. Shimon forbids this.
(f) Question: Does R. Yehudah not require that Leah receive
wages and food?
(g) Answer: He says that it suffices that she keeps the eggs
that do not develop into chicks.
(h) (Beraisa): In a place where one (who raises young
animals) gets wages for carrying it, he must get, we do
not change from the local custom;
(i) R. Shimon ben Gamliel says, if the animal's mother was
given with the child, he need not get wages (the child
need not be carried, it follows its mother).
(j) Question: Does R. Shimon ben Gamliel not require that he
get wages and food?
(k) Answer: He gets the dung (for fertilizer).
1. Chachamim say, the owner makes it Hefker anyway,
this is not considered wages.