(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Bava Metzia 5


(a) According to Rav Sheishes, who exempts Heilech from a Shevu'ah, why does the Torah need to exempt Karka from a Shevu'ah?

(b) Rami bar Chama cites a Beraisa which requires both a partial denial and a partial admission before one of the four Shomrim is obligated to swear.
What constitutes ...

  1. ... a denial?
  2. ... an admission?
(c) In which case would one demand a Shevu'as ha'Shomrin from ...
  1. ... a Shomer Chinam?
  2. ... a Shomer Sachar or a Socher?
  3. ... a Sho'el?
(d) What do we initially assume to be the standard case of Shevu'ah by a Shomer Sachar say, which would prove that Heilech is Chayav?
(a) Why is the Beraisa currently under discussion not unanimous? Who disagrees with it?

(b) How will Rav Sheishes, who exempts Heilech from a Shevu'ah explain the case of Shevu'as ha'Shomrim, according to this Tana?

(a) The father of Rebbi Apturiki cites a Beraisa.
What does the Tana there learn from the Pasuk "Ki Hu Zeh" which seems to clash with Rebbi Chiya's first ruling (that Hoda'as Eidim obligates the defendant to swear)?

(b) How do we reconcile Rebbi Chiya with this Beraisa?

(c) Rebbi Chiya learns from "Ki Hu Zeh" the principle of 'Modeh be'Miktzas'.
Does the Tana of Rav Apturiki's father's Beraisa agree with this?

(a) What does Rebbi Chiya then do with the second D'rashah?

(b) From where does the other Tana then learn the P'tur of 'Ta'ano Chitin ve'Hodeh Lo bi'Se'orin'?

(a) What happened once to the shepherd to whom people would hand their sheep each day with witnesses?

(b) What did Rebbi Zeira comment when the shepherd denied having received any sheep that day, and witnesses testified that he had eaten two of them?

(c) On what grounds did Abaye object to Rebbi Zeira's ruling?

(d) What was Rebbi Zeira's reply?

(a) Despite the fact that the Halachah is not like Rebbi Chiya, Abaye asked Rebbi Zeira, the shepherd ought to have been Chayav a Shevu'ah because of a statement of Rav Nachman.
What does Rav Nachman say about a 'Kofer be'Kol' (someone who denies all that is claimed from him)?

(b) Why did Chazal obligate a 'Kofer ba'Kol' to swear?

(c) Why is the Rabbinical obligation for a Kofer ba'Kol to swear referred to as a 'Shevu'as Hesses'?

(d) What did Rebbi Zeira answer Abaye? Why could they not even obligate that shepherd to swear a Shevu'as Hesses?

(a) We then ask from a statement of Rav Yehudah.
What did Rav Yehudah say about a S'tam Ro'eh? On whom are we asking?

(b) How do we reconcile Abaye with Rav Yehudah?

(c) How do we prove this answer, based on the Pasuk in Kedoshim "Lifnei Iver Lo Siten Michshol"?

Answers to questions



(a) We learned in our Mishnah that each of the two finders swear that they do not own less than half the Talis.
What is wrong with this Shevu'ah the way it stands? What would one have expected them to swear?

(b) So how does Rav Huna amend the Shevu'ah?

(c) Why does he not swear that ...

  1. ... the whole Talis belongs to him?
  2. ... half the Talis belongs to him?
(d) So what does he really swear to prevent making a mockery out of Beis-Din?
(a) Seeing as each one is holding half the Talis, what is the basis of the Shevu'ah?

(b) How can Chazal institute a Shevu'ah on the basis of the suspicion that the finder of the garment is a Ganav (Why do we not apply the principle 'Migu de'Chashid a'Mamona, Chashid Nami a'Shevuasa)?

(c) How do we refute the proof from 'Modeh be'Miktzas', whom the Torah obligates to swear, that 'Migu de'Chashid a'Mamona, Lo Chashid Nami a'Shevuasa'?

(a) We prove the previous S'vara from Rav Idi bar Avin Amar Rav Chisda, who draws a distinction between someone who denies a loan and someone who denies a Pikadon (as we learned earlier).
What problem does this pose in connection with the Beraisa of Rami bar Chama, who requires a partial denial and a partial admission before a Shomer can swear?

(b) Why would there be no problem were it not for the explanation of Rav Idi bar Avin Amar Rav Chisda?

(c) How do we then reconcile the Beraisa of Rami bar Chama with the S'vara of 'Ishtemuti ka'Mishtamet'? Why is he not branded a Ganav?

(d) On what grounds does Rav Chisda then disqualify someone who denies a Pikadon from testifying?

(a) What does Rav Huna say about a Shomer Sachar who claims that the Pikadon was stolen or lost?

(b) Why can we not refute the principle 'Migu de'Chashid a Mamona, Chashid Nami a'Shevu'asa' from there?

(c) Rav Acha from Difti asked Ravina that when all's said and done, he transgresses the La'av of "Lo Sachmod", so why does that not disqualify him from swearing.
What did Ravina answer him?

Answers to questions

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,