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 79
BAVA METZIA 76-79 - Ari Kornfeld has generously sponsored the
Dafyomi publications for these Dafim for the benefit of Klal
1) WHEN MUST HE SUPPLY ANOTHER DONKEY? (cont.)
(a) Question: The entire Beraisa cannot be R. Shimon ben
Elazar - he says, if Reuven rented a donkey to ride on
and it Hivrikah or went crazy, Shimon must supply
2) CONSUMING THE PRINCIPAL
(b) Answer (Rabah bar Rav Huna): That is only when he rented
it to ride on (for this can lead to mortal danger); the
Beraisa is when he rented it to carry a burden.
1. (Rav Papa): If he needs it to carry glass vessels,
that is like riding (they will break if it drops
(c) (Rav): Reuven rented a donkey to ride on and it died in
the middle of the way - he must pay for the rental until
then, he is only entitled to complaints.
(d) Question: What is the case?
1. If he can find other donkeys to rent - why is he
entitled to complaints?
(e) Answer: Really, he cannot find another donkey to rent
(for the same rate); he must pay, because he did benefit
getting to here.
2. If he cannot find another donkey to rent - why must
(f) Question: What is the case?
1. If Shimon said 'I rent a donkey to you' - he must
(g) Answer: The case is, he cannot buy another donkey with
the money of the carcass.
2. If Shimon said 'I rent this donkey to you' - if
Reuven can buy another donkey with the money of the
carcass, he may!
(h) Question: If he can rent another donkey with the money of
the carcass, he may!
(i) Answer: This is as Rav holds elsewhere, we do not consume
(j) (Rav): Reuven rented a donkey and it died in the middle
of the way - if he can buy another donkey with the money
of the carcass, he may; he may not use the money to rent
(k) (Shmuel): The money can even be used to rent another
(a) Question: On what do they argue?
3) USING A SHIP FOR HALF A JOURNEY
(b) Answer: Rav holds that we do not consume the principal;
Shmuel holds that we may consume the principal.
(c) Question (Beraisa): (Reuven took Shimon's tree according
to Mashkanta of Sura (after a certain time, the tree goes
back for free.)) If the tree dried (and no longer gives
fruit) or was cut, neither Reuven nor Shimon may use it;
1. They should sell it and buy land, Reuven eats the
2. Since the land reverts to the owner in Yovel, the
principal is consumed!
3. Answer #1: The case is, the land was sold for 60
i. (Rav Chisda): One who sells land for 60 years,
it does not return in Yovel - "Lo Simacher
li'Tzmisus" - Yovel only returns land that
would never return without Yovel.
4. Objection: In any case, the land returns after 60
years, the principal is consumed!
5. Answer #2: Rather, The Beraisa speaks of a time when
Yovel does not apply.
6. Support: If the Beraisa permitted consuming the
principal, there would be no need to buy land, he
could use the tree for firewood!
7. Rejection: Really, it is permitted to consume the
principal; the Beraisa suggests buying land when the
Mashkanta finishes before Yovel - this way, Shimon
(the borrower) gets to use the land after the
i. Alternatively - even if the Mashkanta ends
after Yovel, Shimon might be able to repay the
loan and redeem the Mashkanta before Yovel.
(a) (Beraisa - R. Noson): Reuven rented Shimon's ship; it
sank in mid-journey. If he already paid, he does not get
his money back; if he did not yet pay, he does not pay.
(b) Question: What is the case?
1. If he asked to rent this ship to bring wine - if he
already paid, why doesn't he get his money back? He
wants the ship to bring (different) wine, and Shimon
cannot supply it!
(c) Answer: Rather, he rented a ship to bring this wine.
(d) Rejection: If he did not yet pay, why doesn't he pay?
Shimon says, when you have the wine ready (obviously, you
cannot retrieve it from the ocean floor), I will supply
you a ship to bring it!
(e) Answer #2 (Rav Papa): The case is, he rented this ship to
bring this wine. (Since neither side can fulfill the
deal, whoever holds the money keeps it.)
4) ONE WHO RENTS A DONKEY
1. But if he rented a ship to bring wine, since both
sides could fulfill the deal, he would pay half
(whether or not he already paid).
(f) (Beraisa): Reuven rented Shimon's ship; he unloaded his
cargo in mid-journey. He pays for the rental for the
portion traveled; Shimon only has complaints.
(g) Question: What is the case?
1. If Shimon can find someone else to rent the ship for
the rest of the way - why does he have complaints?
(h) Answer #1: Really, he can find someone else to rent it;
he has complaints because of the wear and tear on the
ship through loading and unloading.
2. If he cannot find someone else to rent it the rest
of the way - Reuven should pay the full fare!
(i) Objection: If so, Reuven should have to pay for this!
(j) Answer #2: Rather, he added cargo along the way. (He had
agreed to pay according to the load; he pays for the
added cargo for the second half of the way.)
(k) Question: Why is Shimon entitled to complaints?
(l) Answer #1: Because Shimon was expecting to go and return
quickly; Reuven caused a delay.
(m) Answer #2: Because now Shimon must buy extra ropes (the
ship is heavier, it must travel in mid-river, where the
water is deeper) - had he known from the beginning, he
would have brought enough ropes.
(a) (Beraisa): If one rents a donkey to ride on, he may put
on it his garment, food and drink for this journey; the
owner can stop him from putting any more on it.
(b) The owner can put on it the donkey's food and his own
food for one day - more than this, the renter can stop
(c) Question: What is the case?
1. If they will be able to buy food on the way - the
owner should also be able to limit the renter to one
(d) Answer (Rav Papa): The case is, it is hard but possible
to buy in between where they lodge at nights.
2. If they will not be able to buy food on the way -
the owner should also be allowed food for the whole
1. The owner is used to buying food this way, he must
(e) (Beraisa): One who rents a donkey for a man to ride on,
he may not have a woman ride on it (Rashba - if a woman
rode, this is not negligence to be liable for Ones, but
there are places where they charge more for women to
2. A renter is not used to buying this way, he is
allowed to take food for the whole journey.
1. If he hired it for a woman to ride on, he may have a
man ride on it;
2. When he said that a woman will ride - she may be big
or small, even pregnant, even nursing.
3. Version #1 (Rashi) Question: If he may take a
nursing mother (i.e. with her baby), all the more so
a pregnant woman!
4. Answer (Rav Papa): The Beraisa teaches, even a
pregnant woman that is nursing.
5. Inference (Abaye): (Since the Mishnah already taught
a big woman, and also had to teach a pregnant
woman), we learn that a fish with a big stomach
weighs more (than a big fish that is not pregnant).
6. Version #2 (R. Tam) Question: If he may take a
pregnant woman, all the more so a nursing mother
(since the baby is born, it bears its own weight)!
7. Answer (Rav Papa): The Beraisa teaches, even a
pregnant woman that is nursing.
8. Inference (Abaye): We learn (from the fact that a
pregnant woman is heavier than a nursing woman with
her baby) that a fish with a big stomach weighs
more. (End of Version #2)
9. Question: Why do we need to know this?
10. Answer: For purchasing (one should know that much of
the weight of a fish with a big stomach is the