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 99
1) WHEN THE BORROWER BECOMES LIABLE
(a) (Gemara) Question: If Reuven sends with his own slave on
Shimon's request, why is Shimon liable? A slave does not
have his own power of acquisition, he can only acquire
for his master - it is as if the master still has it!
2) WHEN WATCHMEN MAKE A KINYAN
(b) Answer #1 (Shmuel): The Mishnah speaks of a Yisrael
slave, the master only owns his labor, the slave has his
own power of acquisition.
(c) Answer #2 (Rav): It can even be a Kena'ani slave - it is
as if Shimon said, hit the cow so it will come to me -
once it leaves Reuven's premises, Shimon is liable.
(d) Question (Beraisa): Reuven lent Shimon a cow, he sent it
(on Shimon's request) with his own son or agent - Shimon
is liable; if Reuven sent it with his own slave, Shimon
1. Shmuel can explain, the Beraisa speaks of a Kena'ani
slave - but how can Rav answer?
(e) Answer: Rav did not mean, asking to send with a Kena'ani
slave is as if Shimon said, hit the cow so it will come
to me - rather, the Mishnah is when Shimon actually said
1. In the Beraisa, Shimon just asked 'Send it with your
(f) (Rav Nachman citing Rav): Levi asked to borrow Yehudah's
cow. Yehudah asked with whom he should send it; Levi said
'Hit it and it will come to me' - once it leaves
Yehudah's premises, if it dies, Levi is liable.
(g) Support (Beraisa): Levi asked to borrow Yehudah's cow.
Yehudah asked with whom he should send it; Levi said 'Hit
it and it will come to me' - once it leaves Yehudah's
premises, if it dies, Levi is liable.
(h) Rejection (Rav Ashi): The case is, Levi's Chatzer was
inside Yehudah's - it is sure to go to Levi after leaving
Yehudah's Chatzer. (But if it is a distance away, Levi is
unsure if it will come to him, he does not decide
absolutely to accept liability until it comes to him.)
(i) Question: If so, this is obvious - what is the Chidush of
(j) Answer: There are small passages where it could hide, it
is not absolutely certain that it will go to Levi;
1. One might have thought, Levi does not decide
absolutely to accept liability - the Beraisa
teaches, this is not so.
(a) (Rav Huna): Reuven borrowed an axe from Shimon. Once he
chops with it, he acquires it; before chopping with it,
he does not acquire it.
(b) Question: For what must he acquire it?
1. If to be liable for Ones - why is this different
than a cow, he is liable once he borrows it, even
before using it!
(c) Answer: Rather, so Shimon cannot demand that he return it
(for the duration of the loan);
1. Before Reuven chops with it, Shimon can demand that
he return it.
(d) (R. Ami): Levi lent a Hekdesh axe to Yehudah - Levi
transgressed Me'ilah according to the benefit he received
(how much he would pay to be able to lend an axe);
Yehudah is permitted to use it.
2. Rav Huna argues with R. Ami.
1. If Yehudah does not acquire it (even before using
it), why does Levi transgress, and why may Yehudah
use it? He should be obligated to return it to avoid
(e) Rav Huna also argues with R. Elazar.
1. (R. Elazar): Just as Meshichah was enacted for
buyers (to acquire in place of money), it was also
enacted for watchmen.
(f) Support (Beraisa): Just as Meshichah was enacted for
buyers, it was also enacted for watchmen;
3) WHICH PRICE DOES A THIEF PAY?
1. Just as land is acquired through money, a document
or Chazakah, also rental is acquired through these.
(g) Question: How can one make Chazakah (on rented
Metaltelim) without already acquiring through Meshichah?
(h) Answer (Rav Chisda): The Beraisa refers to rental of
(a) (Shmuel): Reuven stole 50 dates stuck together: if sold
together, they sell for 49, if sold individually, they
sell for 50.
1. If he stole from an individual, he pays 49; if he
took from Hekdesh, he pays 50 and an added fifth;
(b) Question (Rav Bivi bar Abaye): Why does he only pay 49 to
an individual - the victim can say, I would have sold
them one at a time!
2. If he damaged Hekdesh, he does not add a fifth.
3. "Ki Yochal Kodesh (adds a fifth)" - to exclude one
(c) Answer (Rav Huna brei d'Rav Yehoshua - Mishnah): We
evaluate damage by estimating the decreased value of a
Beis Sa'ah on account of the damaged patch (Rashi; Tosfos
- we estimate a damaged Beis Sa'ah as part of a field 60
1. (I.e. we are lenient on the damager!)
(d) Question: Does Shmuel really hold that the laws of paying
people and Hekdesh are different?
1. (Mishnah): If (Reuven, the treasurer of Hekdesh)
took a rock or beam of Hekdesh - he did not
(e) Answer: Shmuel retracted from that teaching.
2. If he gave it to Shimon, Reuven transgressed
3. If Reuven (kept it and) used it to build his house,
he does not transgress Me'ilah until he gets a
Perutah's worth of benefit from it by living in the
4. (R. Avahu citing Shmuel): We learn from this that if
Levi dwells in Yehudah's field without his
knowledge, Levi must pay!
(f) Question: Perhaps he retracted from this teaching!
(g) Answer: Presumably, he holds like Rava.
1. (Rava): A person who takes from Hekdesh unknowingly
is like one who takes from a person knowingly.
(Therefore, we cannot learn dwelling in a man's
field without his knowledge from dwelling under
(h) (Rava): Burden carriers broke a barrel of wine. On most
days, it sells for four; on the market day, the grocer
sells it for five. If they replace it before the market
day, that suffices; if not, they must pay five.
1. This is only if the grocer did not have other wine
to sell - if he did, they can return a barrel even
after the market day.
2. Even when they pay five, they deduct to compensate
for the toil the grocer was spared (he did not have
to sell it) and the cost of making a hole in the
barrel (some explain - the cost of announcing that
he has wine to sell).