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 69
1) THE INVESTOR MUST PAY SOMETHING
(a) (Rav Nachman): The Halachah follows R. Yehudah, R. Yosi
b'Rebbi Yehudah and R. Shimon ben Gamliel.
2) ENDING A PARTNERSHIP
(b) A document was presented against Rav Ilish's sons saying
that their father had received a Iska (business venture)
on condition to receive half the profit or loss.
(c) Rava: Rav Ilish was a great man - he knows that the
investor must accept more of the loss than the gain!
1. If the investor gets half the profit, he must bear
two thirds of the loss;
(d) Question (Rav Zevid): Perhaps Rav Ilish ate some of the
2. If the investor bears half the loss, he only gets a
third of the profit. (The investor's share of the
loss is a deposit, the rest is a loan to the
receiver; the receiver gets an extra sixth of the
profits as wages for his toil on the investor's
1. (Rav Nachman): The Halachah follows R. Yehudah.
(e) Answer (Rav Kahana): Rav Nachman did not say that the
Halachah follows R. Yehudah, R. Yosi b'Rebbi Yehudah and
R. Shimon ben Gamliel, rather that they all hold
(f) Support: There would be no need to rule as all of them -
it would suffice to rule as R. Yehudah, the most lenient
(g) (Rav): One who gives an animal to raise may stipulate
that the receiver will get all the profits above a third
(they will share equally the profits up to a third).
(h) (Shmuel): This is forbidden, perhaps the profit will not
exceed a third!
1. Rather, the giver must guarantee the receiver wages
of a Dinar.
(i) Question: Does Rav really hold that he need not guarantee
1. Contradiction (Rav): If Reuven received an animal to
fatten it, he keeps the head (and half the increased
(j) Answer #1: No, he gets all the profits above a third or
the head (if the profit does not exceed a third).
i. Suggestion: The case is, Reuven gets all the
profits above a third (and still, he must get
(k) Answer #2: Rav only permitted getting (only) all the
profits above a third when the receiver has an animal of
his own - since he must feed his own, the toil of feeding
another animal is minute.
(l) R. Elazar of Hegronya bought an animal and gave it to his
sharecropper to fatten; he gave him the head and half the
(m) The sharecropper's wife: Had you been a partner in the
animal, you would have received the entire tail as well!
(n) The next time, they bought the animal together; R. Elazar
gave him half the tail, and said 'Let us divide the
(o) The sharecropper: Do I get less than when you owned the
(p) R. Elazar: Before, it was my animal, if I didn't give you
extra, it would look like Ribis; now we are partners,
there is no concern!
1. Suggestion: The sharecropper should get more,
because he worked harder!
2. Rejection: Normally, sharecroppers ensure that the
landowner will not need to buy fodder.(it is
accepted practice that the sharecropper should work
(a) (Beraisa #1 - Sumchus): Reuven accepted a donkey (whose
value was estimated) to raise, he must care for it for 18
months; a small animal (i.e. that does not work) - 24
1. If Reuven wants to share the profits before these
times, the giver can stop him; however, the toil of
the first year is unlike the toil of the second.
(b) (Beraisa #2): Reuven accepted an animal (whose value was
estimated) to raise, he must care for offspring of a
small animal for 30 days, of a big animal, 50 days;
2. Question: What does this mean (however...)?
3. Correction: Rather, because the toil of the first
year is less than the toil of the second.
1. R. Yosi says, he must care for offspring of a small
animal for three months, because they need more
(c) Rav Menashiya bar Gada took his half and half of the
i. Question: Why do they need more care?
2. After this, Reuven gets his half and half of the
ii. Answer: Because their teeth are small.
(d) Abaye: Who estimated the value for you? Also - here, the
custom is to raise the offspring!
1. (Mishnah): Where the custom is to raise them, he
must raise them.
(e) Two Kusim made an Iska together; one divided the money by
(f) Rav Papa: The division stands - Rav Nachman said, money
is considered as divided - it does not need an evaluation
(g) The next year they bought wine together; the other one
divided the wine by himself.
(h) Rav Papa: Who authorized you to divide?
(i) The Kusi: Why do you always favor my partner?
(j) Rav Papa: Different wines are of different qualities (you
cannot divide by yourself) - but your partner took good
and bad coins, and left similar coins for you.
(k) (Rav Nachman): Coins are considered to be divided.
3) FOR WHAT MAY ONE TAKE MONEY?
1. This is only if they are all good or all poor - but
if there are good and poor, no.
(a) Rav Chama used to rent a Zuz for an eighth of a Zuz per
day; he lost all his money.
4) RENTAL WITH LIABILITY
1. He reasoned, I may rent them, just as I may rent a
(b) (Rava): Reuven may tell Shimon 'take four Zuz and lend
money to Levi' - the Torah only forbids Ribis paid from
the borrower to the lender.
2. Rejection: A shovel is different, for one returns
the same shovel itself, and it depreciates - but one
does not return the same coins, and they do not
(c) (Rava): Reuven may tell Shimon 'take four Zuz and ask
Levi to lend money to me'.
(d) Question: Why is this?
(e) Answer: The money is wages for Shimon speaking on his
1. Aba Mar, Rav Papa's son used to take small cakes of
wax from wax salesmen and tell his father to lend
2. Rabanan (to Rav Papa): Your son is eating Ribis!
3. Rav Papa: The Torah only forbids Ribis paid from the
borrower to the lender; my son takes wages for
speaking on their behalf.
(a) (Mishnah): One may estimate and give (to share the
profits) a cow, donkey or anything that works and eats.
(b) In a place where they normally divide the offspring
immediately, they do so; in a place where they raise
them, they raise them.
(c) R. Shimon ben Gamliel says, one may estimate a calf or
foal with its mother, and he may increase (rental of) his
field without concern for Ribis.
(d) (Gemara - Beraisa): Increasing rental: if Reuven rented
Shimon's field for 10 Kor of wheat per year, he may ask
to borrow money to improve the field, and he will then
pay 12 Kor per year;
(e) Regarding a store or ship, this is forbidden.
(f) (Rav Nachman): Sometimes one may increase their rental:
1. If one decorates a store, this attracts customers,
it is worth more;
(g) (Rav): One may rent a ship on condition that the renter
must pay if it breaks.
2. If one puts a mast or sail on a ship (it is worth
(h) Question (Rav Kahana and Rav Asi): If he rents it, he is
exempt for breakage; if he is liable for breakage, he is
a borrower, he does not pay rent!
(i) Rav was silent.
(j) Rav Sheshes: Rav should have defended himself from a
1. (Beraisa): Even though we may not accept from a
Yisrael a 'Tzon Barzel' Iska (the receiver accepts
any loss; any profits are shared), we may accept
(k) (Rav Papa): The Halachah is, one may rent a ship on
condition to pay if it breaks;
2. However, one may accept from a Yisrael a cow
estimated at 30 Dinarim on condition to give a Sela
rental per month, because he did not estimate it.
3. Objection: He did estimate it!
4. Answer (Rav Sheshes): The estimation only applies if
it will die (if it merely decreases in value, he is
1. The custom of ship-drivers is to pay the rental when
they move the ship, to pay the loss when it breaks.
2. Question: Does the law depend in the custom? (If he
rents it, he is exempt for breakage!)
3. Answer: The Beraisa taught, if he is only liable for
death (regarding a ship, breakage, total loss but
not depreciation), he may also pay rent.