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Bava Metzia 33



(a) The Tana of the Beraisa Darshens from "Rovetz" - "Rovetz", 've'Lo Ravtzan (an animal that crouches continually), and "Rovetz", 've'Lo Holech'.

(b) There is no proof from here that le'Halachah, Tza'ar Ba'alei Chayim is not d'Oraysa however - because the author of the Beraisa is Rebbi Yossi Hagelili (but the Rabbanan will disagree).

(c) We know this - because the Tana also brings the D'rashah "Tachas Masa'o", 'Masuy she'Yachol La'amod Bo', which is Rebbi Yossi Hagelili's D'rashah in our Mishnah.

(a) The Beraisa also learns "Tachas Masa'o", 've'Lo Mefurak', which cannot be taken literally, due to the Pasuk "Hakem Takem" (thereby obligating Te'inah), It must therefore mean 've'Lo Mefurak be'Chinam, Ela bi'S'char.

(b) True, this is the opinion of the Rabbanan of Rebbi Shimon, who actually argue with Rebbi Yossi Hagelili - but only with regard to unloading an overloaded animal. But regarding Te'inah, Rebbi Yossi Hagelilli will hold like the Rabbanan.

(c) The Pasuk "Ki Sir'eh" (in connection with P'rikah) implies that the Chiyuv to help unload applies from however far away one spots the animal. We learn from this Pasuk in conjunction with the Pasuk "Ki Sifga" (which implies only if one actually comes across it) - that it must be close enough to include both definitions, which Chazal assessed as a seven and a half/th of a Mil (approximately 270 Amos), otherwise known as a Ris.

(d) The Beraisa obligates the helper to accompany the animal up to a distance of a Parsah (four Mil), to which Rabah bar bar Chanah adds - that he is entitled to demand remuneration for doing so.

(a) Our Mishnah rules that if someone who loses an object, and so do his father or his Rebbe - has the right to search for his own.

(b) If his father and his Rebbe lose an object (but not he) - he must give precedence to his Rebbe, who brings him to the World to Come, rather to his father, who brings him only into this world.

(c) One's father takes precedence over one's Rebbe - if he is a Talmid-Chacham (or his Rebbe's equal - see Hagahos ha'G'ro).

(d) The same applies in a case where both his father and his Rebbe's animal need to be loaded or unloaded. The third case cited by our Mishnah is - when both his father and his Rebbe have been captured and need to be redeemed. Here too, his Rebbe takes precedence.

(a) The source for the Halachah that (with the exception of the Mitzvah of Tzedakah) one's own monetary considerations always take precedence over those of others is - the Pasuk in Re'ei "Efes Ki Lo Yihyeh B'cha Evyon" (as we have already learned).

(b) Rav Yehudah Amar Rav states that someone who regularly fulfills this Pasuk to the letter - will eventually become poor ...

(c) ... because he has removed the yoke of Gemilus Chasadim and Tzedakah. He puts his own needs before those of everyone else, for which in the end, he will be forced to come on to them.

(a) According to Rebbi Meir in a Beraisa, 'Rabo' in our Mishnah refers to a Rebbe who taught him Chochmah, as opposed to Mikra and Mishnah.
1. 'Chochmah' means - Gemara, and ...
2. 'Mikra' - Torah, Nevi'im and Kesuvim.
(b) According to Rebbi Yehudah, 'Rabo' refers to the Rebbi who taught him most of what he knows. Rebbi Yossi defines - 'Rabo' as anyone who explained him even one Mishnah.

(c) Rava gave the example of Rav S'chorah, who taught him the meaning of 'Zuhama Listron' (a Mishnah in Keilim) - which is a ladle used for removing the scum floating on top of the cooked food.

(a) To acknowledge the Chacham who taught him the meaning of a Mishnah in Tamid - Shmuel tore K'riy'ah when he died.

(b) The Kohen who merited the Avodah of clearing the ashes from the Mizbe'ach ha'P'nimi (the golden Mizbe'ach) would hold the two keys to open the gates of the Heichal.

(c) Seeing as the Pishpesh (the small door) on the South of the main door to the Heichal was permanently locked - one of the two keys let him into the area of the Ta'im (the rooms surrounding the major part of the Heichal), and the other one opened a door which led into the Heichal, which he then entered in order to open the Heichal from the inside.

(d) The second key opened easily. 'Echad Yored le'Amas ha'Shechi' - refers to the first key, which opened the northern Pishpesh, and which required the Kohen to stretch his arm into a deep cavity before reaching the lock which the key opened.

(a) Ula informs us that the Talmidei-Chachamim in Bavel used to stand up for each other and tear K'riy'ah for each other - because they were constantly learning from each other as they asked each other questions and gave answers.

(b) They did not however, give each other's Aveidos precedence over their father's (because they were not each other's main Rebbe).

(c) Rav Chisda asked Rav Huna what the Din would be by a Talmid whose Rebbe needs him (because he sometimes passes information that he hears from others on to his Rebbe [or because of his sharp questions]).

(d) Rav Huna was upset - because he took the She'eilah personally. He therefore retorted that it wasn't *he* who needed Rav Chisda, but Rav who needed him. They did not see each other for forty years.

(a) Each of them fasted forty fasts (presumably after they had made up).
1. Rav Chisda's fasted - because he upset his Rebbe Rav Huna.
2. Rav Huna's fasted - because he suspected Rav Chisda.
(b) Rav Yitzchak bar Yosef rules like Rebbi Yehudah ('Rov Chochmaso'); Rav Huna Amar Rav - like Rebbi Yossi (even one Mishnah).

(c) We query Rebbi Yochanan from our Mishnah which learns 'Rabo she'Limdo Chochmah' - which is a S'tam Mishnah (and Rebbi Yochanan always rules like a S'tam Mishnah), and which implies that a Rebbe is one who taught him Gemara, like Rebbi Meir.

(d) Rebbi Yochanan interprets the Mishnah to mean - Rov Chochmaso (like Rebbi Yehudah).

(a) When the Tana of the Beraisa describes learning T'nach as 'Midah ve'Eino Midah', he means - that it is a good thing, but not as good as learning Mishnah and Gemara.

(b) What made Mishnah and Gemara more important than T'nach is - the fact that, seeing as it was forbidden to commit them to writing, there was a fear that they might be forgotten, a fear that did not extend to T'nach, which had to be (and always was) written.

(c) The basic definition of 'Gemara' is - the interpretation of the Mishnah, incorporating the resolving of difficult Mishnahs sometimes by establishing the author as such and such a Tana, so that two Mishnahs should not clash.

(d) The Beraisa first gives Gemara precedence over Mishnah, and then concludes that one should always run to the Mishnah more than to Gemara. Rebbi Yochanan explains this - by establishing the Beraisa as having been learned in the days of Rebbi, who taught the people that Gemara was more important than Mishnah (because until the Mishnahs have been explained, they cannot be clearly understood). But when he saw that people began learning Gemara without having first learned the Mishnahs, he added the concluding phrase, to encourage people to study Mishnah before embarking on their Gemara career.




(a) Rebbi's D'rashah is based on that of Rebbi Yehudah b'Rebbi Ila'i, who, Darshening the Pasuk ...
1. ... "Haged le'Ami Pish'am" - explains that "Ami" pertains to the Talmidei-Chachamim, whose mistakes in their Torah-learning are treated as if they were deliberate misinterpretations.
2. ... "u'le'Veis Ya'akov Chatasam" - explains that "Beis Ya'akov" pertains to the Amei-ha'Aretz, whose deliberate misinterpretations are treated as if they were errors.
(b) The Mishnah in Pirkei Avos, quoted in the name of Rebbi Yehudah, which results from this D'rashah is - 'Hevei Zahir be'Talmud, she'Shigegas Talmud Olah Zadon'.

(c) In a second Beraisa, Rebbi Yehudah Darshens another Pasuk in Yeshayah, "Shim'u D'var Hashem ha'Chareidim el D'varo". This refers to the Talmidei-Chachamim.

1. ... "Acheichem" refers to - the Ba'alei Mikra (who learn T'nach).
2. ... "Son'eichem" - the Ba'alei Mishnah (who hate the Talmidei-Chachamim, because (due to the fact that they issue rulings from the Mishnah, even though they cannot possibly understand them properly) they call them 'destroyers of the world'.
3. ... "Menadeichem" - refers to the Amei ha'Aretz (whom the Talmidei-Chachamim detest, and shun like a Nidah).
(d) He learns from ...
1. ... "ve'Nir'eh be'Simchaschem" - that all of the above groups together with the Navi will share in the joy of the Talmidei-Chachamim, with the coming of the Mashi'ach.
2. ... "ve'Heim Yevoshu" - that it is the Nochrim who will be ashamed at that time, but not Yisrael.
***** Hadran Alach Eilu Metzi'os *****

***** Perek ha'Mafkid *****


(a) Our Mishnah rules that if a Shomer Chinam whose Pikadon is stolen opts to ...
1. ... pay rather than swear, then - if the Ganav is found, after he pays the Kefel to the Shomer.
2. ... swear rather than pay - then he pays the Kefel to the owner.
(b) Having taught us that the Shomer receives the Kefel in the case of ...
1. ... Beheimah, the Tana nevertheless found it necessary to add Keilim - because vessels do not need as much looking after (and we might have assumed that it is to repay the Shomer for his efforts that he gives him the Kefel).
2. ... Keilim, the Tana find it necessary to add Beheimah - because should the Ganav Shecht or sell an ox or a sheep, the amount involved becomes four or fivefold (instead of just double), and we might have thought that whereas the owner is willing to give the Shomer *double*, he will not be willing to give him as much as that.
(c) The problem that Rami bar Chama has with our Mishnah, with the fact that the Shomer receives double is - the fact that it is a 'Davar she'Lo Ba le'Olam', which is not acquirable.
(a) Rebbi Meir holds 'Adam Makneh Davar she'Lo Be le'Olam' - by the as yet ungrown fruit of a fruit-tree.

(b) We cannot solve Rami bar Chama's problem by establishing our Mishnah like Rebbi Meir - because he confines his opinion to the fruit-of a fruit-tree, which is bound to grow (and similar cases); but not to cases such as ours (the Kefel of a Ganav regarding a Shomer Chinam), since a. the Pikadon might not be stolen, and even if it is b. the Ganav might not be found, and even if he is c. he may admit to having stolen (in which case, due to the principle 'Modeh bi'K'nas Patur', he will be Patur from paying Kefel).

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