ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Metzia 58
(a) If the Sheluchim who are carrying the town's Shekalim lose them or if
the money is stolen ...
1. ... *after* the Terumas ha'Lishkah has already been emptied - they must
swear to the treasurers of Hekdesh that they were not careless ... .
(b) The reason for the difference is - because once the Terumas ha'Lishkah
has been collected, Hekdesh accepts full responsibility, but they do not
accept full responsibility on what is known to have been lost (i.e. the
owner remains obligated to replace it).
2. ... *before* the Terumas ha'Lishkah has been collected - they must swear
to the people who sent them, and to whom they are still answerable.
(c) According to this Tana, in the event that the money is found, then both
lots are Shekalim, though that does not absolve the losers from giving their
half-Shekel again the following year.
(a) In light of the P'tur of swearing to Hekdesh, Shmuel explains the
Shevu'ah in the Reisha - by establishing the Mishnah by a Shomer Sachar, who
swears in order to receive his remuneration.
(b) When the Tana says 'Nishba'in le'Gizbarin', he means - that he swears in
their presence (but the Shevu'ah is to the B'nei ha'Ir, who sent them).
(c) And the two possible reasons for this Shevu'ah are - either to avoid
falling under suspicion that they actually stole the money (and swore
falsely), or so that they should not be accused of negligence.
(a) Shmuel concludes that the Sheluchim are Shomrei Sachar, as we explained.
The problem with the Shevu'ah then is - that a Shomer Sachar pays for
Geneivah va'Aveidah, and cannot exempt himself with a Shevu'ah.
(b) In order to answer this Kashya, Rabah interprets ...
1. ...'Nignevu' to mean - through armed robbers, turning it into an O'nes,
from which a Shomer Sachar is Patur.
(c) In an attempt to resolve the current problem, Rebbi Yochanan tries to
establish the Beraisa - by Kodshim on which the townspeople retained
responsibility, like Rebbi Shimon, who holds 'Kodshim she'Chayav
be'Achrayusan, Yesh Lahen Ona'ah, ve'Nishba'in Aleihen'.
2. ... 'Avdu' to mean - that his ship sunk in the sea, which is an O'nes
(a) The problem we have with Rebbi Yochanan's explanation from the Reisha
'Im Nisremah ha'Terumah ... is - why the Tana concludes Nishba'in
le'Gizbarin'? Once the Terumas ha'Lishkah has been separated, the
townspeople are no longer responsible (so if the author is Rebbi Shimon,
back comes the Kashya 'Why the Shevu'ah')?
(b) This Kashya is based on the Mishnah in Shekalim 'Tormin al he'Avud ve'al
1. 'Avud' is - half-Shekalim that were already collected and were on their
way to Yerushalayim, when the Kohanim performed the Terumas ha'Lishkah.
(c) The third case covered by the Terumas ha'Lishkah - (which was collected
three times annually, before Pesach, Shevu'os and Succos) is that of 'al
he'Asid Ligavos', which means the half Shekalim that had yet to be
2. 'Gavuy' is - that were collected but not yet sent.
(d) According to Rebbi Elazar, this Shevu'ah - is only a Takanas Chachamim,
to stop people from failing to give Kodshim their due respect, and looking
after them properly.
(a) The Beraisa states that if the Gizbar of Hekdesh hired a Shomer to look
after a cow, a child or seeds, the Shomer does not receive remuneration for
Shabbos. The ramifications of this ruling are - that should something go
wrong on Shabbos, he is not held responsible.
(b) The significance of guarding ...
1. ... the cow (the Parah Adumah) is - to prevent it from becoming Pasul by
carrying something on its back or by becoming blemished.
(c) The guard will get paid S'char Shabbos (and therefore be held
responsible should anything happen on Shabbos) - if he is hired to work for
a week, a month, a year or a cycle of seven years (because then the wages
for Shabbos are absorbed in the rest of the wages).
2. ... the child is - the fact that he is being reared in seclusion in order
to prepare the Parah Adumah (to prevent him from coming into contact with
Tum'as Meis, as we learned in Succah).
3. ... the barley (or wheat)-seeds is - to cultivate them for the Omer
seventy days before the Omer is due to be brought. Alternatively, to
cultivate them in the Sh'mitah-year for the Omer (barley) or for the Sh'tei
(a) Bearing in mind that the Tana is talking about Hekdesh, Rami bar Chama
asked Rabah from the Seifa of the Beraisa 'Lefichach, Acharayus Shabbos
Alav' - and we have learned that a Shomer Sachar is not Chayav to pay
(b) And when, in reply, Rabah established the Shomer's obligation with
regard to losing his wages (rather than an obligation to pay), he retorted -
that in that case, we would have a problem with the Reisha 'Ein Achrayus
Shabbos Alav', which will also then mean that he receives his wages for that
(c) Rabah was stymied. Rami bar Chama however, establishes 'Achrayus Shabbos
Alav' to mean that he is indeed liable to pay - and he deals with the
problem further establishing the case when they initially made a Kinyan, in
which case, the Shomer was Meshabed all his property, and became obligated
to pay come what may, even to Hekdesh.
(d) And - Rebbi Yochanan holds like that, too.
(a) A Beraisa expert quoted a Beraisa 'Kodshim she'Chayav be'Achriyusan,
Chayav she'Ani Korei Bahen " ... ba'Hashem ve'Kichesh", she'Eino Chayav
be'Achriyusan, Patur, she'Ani Korei Bahen "ba'Amiso ve'Kichesh". The Torah
actually writes " ... ba'Hashem, ve'Kichesh ba'Amiso".
(b) According to this version, the Tana presumes that the cause of the
Chiyuv is - the fact that it belongs to Hekdesh.
(c) When Rebbi Yitzchak bar Aba's heard this version, his reaction ...
1. ... to the text was - that, according to the current assumption, the Tana
ought rather to have said 'Kodshim she'Chayav be'Achriyusan, Patur she'Ani
Korei Bahen " ... ba'Amiso ve'Kichesh", she'Eino Chayav be'Achriyusan,
Chayav, she'Ani Korei Bahen "ba'Hashem ve'Kichesh" (because it is more
logical to say that the animal which the owner is not responsible for
belongs to Hekdesh).
(d) His first remark was 'K'lapei Laya, which means 'Which way is this
turning' (it ought to be learned the other way round).
2. ... to the presumption was - that, in any event, it would make more sense
to be Mechayev a Shevu'ah on the animal that belongs to a Hedyot.
(e) When the Beraisa expert suggested erasing the Beraisa - he replied that
this was not necessary. All that was needed was to invert the D'rashos and
to read it 'Kodshim she'Chayav be'Achriyusan, Chayav, she'Ani Korei Bahen "
... ba'Amiso ve'Kichesh", ve'she'she'Eino Chayav be'Achriyusan, Patur,
she'Ani Korei Bahen "ba'Hashem ve'Kichesh".
(a) Rebbi Yehudah in our Mishnah exempts a Sefer-Torah, animals and jewels
from Ona'ah. The reason that the Tana of the Beraisa attributes to Rebbi
Yehudah's ruling with regard to ...
1. ... a Sefer Torah is - because it is priceless anyway.
(b) The Rabbanan argue with Rebbi Yehudah regarding the latter two - because
in that case, they say, people will try and find a match for just about
2. ... an animal and jewels - because someone who has one and needs a second
one to make up a pair, will willingly pay more than the regular price for
the second ox or jewel that will achieve that.
(c) Rebbi Yehudah counters that - by differentiating between other things,
which they would not be willing to pay a higher price for, and the three
things which he lists, for which, due to their high value, they would.
(d) The ceiling above which Rebbi Yehudah will concede that the above are
liable to Ona'ah, says Ameimar, is - double their market value.
(a) Rebbi Yehudah ben Beseira adds (to Rebbi Yehudah's list) a horse, a
sword and a Tittum (or T'ris [i.e. a shield]), during war-time - because
they involve Chayei Nefesh (life preservation).
(b) The Tana of our Mishnah equates Ona'as Devarim with Ona'as Mamon. The
definition of 'Ona'as Devarim' is - teasing someone or hurting him verbally.
(c) One contravenes Ona'as Devarim in the realm of buying and selling - by
asking the price of something that he has no intention of buying (and this
is also known as 'Geneivas Da'as').
(d) Because it involves Ona'as Devarim, one should not say to ...
1. ... a Ba'al Teshuvah - 'Remember your past deeds'.
2. ... a ben Geirim - 'Remember the deeds of your fathers' (which we learn
from the Pasuk in Mishpatim "*ve'Ger Lo Sonu* ve'Lo Silchatzenu".
(a) The Tana of the Beraisa knows that the Pasuk "Lo Sonu Ish es Amiso"
pertains to Ona'as Devarim - because we already know Ona'as Mamon from the
earlier Pasuk ("ve'Chi Simkeru Mimkor la'Amisecha, Lo Sonu ... ".
(b) The Tana of the Beraisa forbids one to say ...
1. ... to a Ger - 'How can the same mouth that ate Neveilos and T'reifos
... now expect to study Torah'?
(c) In fact - Iyov's friends said that to Iyov (see Agados Maharsha).
2. ... to a person who is suffering from an illness or who has lost a number
of children - that this can only have happened because all his apparent
Yir'as Shamayim was not genuine; otherwise, Hashem would have spared him all
(d) If Reuven asks Shimon for wheat - he should not send him to Levi to buy
it, in the knowledge that Levi does not have any.
(a) Rebbi Yehudah adds that one should not examine an article as if he
intends to purchase it, if in reality, he has no intention of doing so. The
reason the Tana finally gives for the Torah inserting "ve'Yareisa
me'Elokecha" in connection with "Lo Sonu" is - because, one's intentions are
often hidden in one's heart, and only Hashem is aware of what they really
are. For example, he can always say that he thought that Levi had wheat, or
that he had really meant to buy the article he was examining.
(b) Rebbi Yochanan in the name of Rebbi Shimon bar Yochai learns from the
fact that the Torah writes it in connection with Ona'as Devarim, and not
Ona'as Mamon - that Ona'as Devarim is a greater sin than Ona'as Mamon.
(c) Rebbi Elazar ascribes this to the fact that whereas the latter is only a
monetary issue, the former is a personal one. The third reason that Rav
Shmuel bar Nachmeini gives for it is - the fact that Ona'as Mamon can be
returned, whereas Ona'as Devarim cannot.
(a) The Beraisa quoted by the Beraisa-expert compares someone who shames his
fellow-Jew in public - to someone who commits a murder.
(b) He describes the act of 'shaming' - as causing his face to turn white.
(c) Rav Nachman bar Yitzchak corroborates this - because he had seen how the
red (that initially appears in the form of a blush [see Tosfos DH
'de'Azil']) disappears, and the face turns white.
(a) The B'nei Eretz Yisrael were particularly careful not to shame one
another - because that is one of the three things for which one descends to
Gehinom and does not come up again (see Tosfos DH 'Chutz').
(b) Besides someone who committed adultery with a married woman, they also
include in the list - someone who calls a fellow-Jew by a derogatory
(c) Having already listed 'Malbin P'nei Chavero', the Tana nevertheless
needs to add someone who calls his friend by a derogatory nickname - because
he is referring to a case where the person concerned has already grown
accustomed to being called by that name, and who therefore feels no
embarrassment at being called by it one more time.