POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Metzia 88
BAVA METZIA 88 (6 Adar) - dedicated by the Feldman family in memory of their
father, the Tzadik Harav Yisrael Azriel ben Harav Chaim (Feldman) of
1) BEING KOVE'A FOR MA'ASER
(a) (R. Yanai): There is no obligation to tithe produce until
it enters through the door of the house - "Bi'arti
ha'Kodesh Min ha'Bayis";
(b) (R. Yochanan): Even entering a Chatzer is Kove'a
('fixes') produce for Ma'aser (forbids eating casually
before tithing) - "V'Ochlu vi'Sh'arecha"
(c) Question: What does R. Yochanan learn from "Min
(d) Answer: It teaches that a Chatzer is Kove'a only if it
resembles a house, i.e. it is guarded.
(e) Question: What does R. Yanai learn from "vi'Sh'arecha"?
(f) Answer: It teaches that a house is Kove'a only if it
entered through the gate (the normal entrance), to
exclude if it entered through the roof or Karfef (storage
(g) Question (against both - Rav Chanina Chuza'ah - Beraisa):
"K'Nafshecha" - the worker has the same law as the owner;
1. Just as the owner can eat without tithing, also a
(h) Answer (Rav Papa): No - the case is, a date tree is in a
garden; the foliage extends into a Chatzer (according to
R. Yanai - into a house).
2. Inference: A buyer must tithe before eating! (Rashi
- a sale is Kove'a no more than final processing;
Tosfos - the Amora'im did not distinguish between a
buyer and an owner).
3. Suggestion: This applies even in the field.
(i) Question: If so, also the owner must tithe before eating!
(j) Answer: No - the owner's primary concern is the tree
itself - since the tree is in the garden, the fruit is
Kavu'a only when it is all brought inside;
1. The buyer only cares about what he bought - since
that is in the Chatzer (or house), it is Kavu'a.
(k) Question: Mid'Oraisa, must one really tithe bought
1. The stores of Beis Hino were destroyed three years
before Yerushalayim because they stuck to Torah law
(and neglected a Rabbinical enactment).
2) EATING DETACHED PRODUCE
2. "Aser...V'Ochalta" - not what you sell;
(l) Answer: Indeed, a sale is Kove'a the produce mid'Rabanan;
mid'Oraisa, it is exempt.
3. "Tevu'as Zar'echa" - not what you buy.
(m) Question: (If a buyer is exempt, also a worker) - what
does "K'Nafshecha" come to teach?
(n) Answer (Beraisa): "K'Nafshecha" - just as if a person
muzzles himself he is exempt (from lashes), also if he
muzzles a worker.
(o) Question (Mar Zutra - Mishnah): The final processing for
Ma'aser for gourds and pumpkins is from when Yifkesu.
1. (R. Asi): This is when the flower falls off the top.
(p) Answer: No, in the house.
2. Suggestion: This is even in the field!
(q) Question: If so (the Chidush is, it is exempt until then)
- it should not say 'from when Yifkesu', rather, 'not
(r) Answer: Had it said that, one might have thought until
all the flowers fall off;
1. 'From when Yifkesu' teaches, once they start to fall
(s) Question (Mar Zutra brei d'Rav Nachman - Beraisa): After
final processing of Tevel (untithed produce), one who
eats it is liable; the final processing is Hachnasah.
1. Suggestion: Hachnasah means gathering it, even in
(t) Answer #2: R. Yanai only said that entering the house is
Kove'a regarding grapes and olives (which one plans to
eat) - but regarding grain, (which one piles up in the
field), the Torah explicitly says ("Ka'Dagan Min
ha'Goren" - Bamidbar 18) that it becomes Kavu'a there!
(a) We have learned that a person eats attached produce, and
("Lo Sachsom Shor b'Disho" teaches) that an animal eats
detached produce (when they work);
3) ANIMALS EAT ATTACHED PRODUCE
(b) Question: How do we know that a person eats detached
(c) Answer #1: A Kal va'Chomer teaches this.
1. There is no verse permitting an ox to eat attached
produce, yet the Torah says it eats detached
produce; man, whom the Torah explicitly permits to
eat attached produce, all the more so detached!
(d) Objection: We cannot learn from an ox, for it is
forbidden to muzzle it!
(e) Suggestion: A Kal va'Chomer teaches that it is also
forbidden to muzzle man!
1. There is no Mitzvah to help animals survive, yet we
are forbidden to muzzle them; man, about whom we are
commanded "V'Chei Achicha Imach", all the more so it
is forbidden to muzzle him!
(f) Rejection: "K'Nafshecha" - (the law of) a worker is like
the owner himself;
1. If a person muzzles himself he is exempt, also if he
muzzles a worker.
(g) Question (b) remains - how do we know that a person eats
(h) Answer #2: It says "Kamah" twice - only one is needed to
teach that man eats attached produce, the other is used
to teach that he eats detached.
(i) Answer #3 (R. Ami): We do not need an extra verse for
this - "B'Cherem Re'echa" - this includes when he was
hired to carry detached grapes!
(a) Question: How do we know that an animal eats attached
(b) Answer #1: A Kal va'Chomer teaches this.
1. There is no verse permitting man to eat detached
produce, yet the Torah says he eats attached; an ox,
which the Torah commands us to let it eat attached
produce, all the more so it eats detached!
(c) Objection: We cannot learn from man, for we are commanded
to help him survive!
(d) Suggestion: A Kal va'Chomer teaches that we are commanded
to help animals survive!
1. It is not forbidden to muzzle man, yet we are
commanded to help him survive; animals, which we may
not muzzle, all the more so we are commanded to help
(e) Rejection: "V'Chei Achicha Imach" - we are commanded to
help man survive, not animals.
(f) Question (a) remains - how do we know that an animal eats
(g) Answer #2: It says "Re'echa" twice - only one is needed
to teach that man eats attached produce, the other is
used to teach that animals eat attached produce.