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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 7


(a) We already discussed the Mishnah 'ha'Sefeikos Nichnasos le'Dir le'His'aser'. Why can the Tana not be referring to Safek Bechoros?

(b) He must therefore be referring to Safek Pitrei Chamor.
What makes a Safek Pidyon Pe'ter Chamor different in this regard than a Safek Bechor?

(c) This ruling is based on a statement of Rav Nachman Amar Rabah bar Avuhah.
What did Rav Nachman Amar Rabah bar Avuhah say regarding someone who has ten Safek Pidyon Pe'ter Chamor in his house?

(a) We finally resolve the She'eilah of the bathhouse (where one of the disputants declared it Hekdesh, and the Rabbanan stopped frequenting it) from a case that occurred with Rav Huna, who quoted Rav Nachman.
What did Rav Nachman say about money that one cannot extract in Beis-Din?

(b) The problem with the obvious inference (that when it comes to money that one *can* extract in Beis-Din, then his Hekdesh is valid [which would resolve our She'eilah of the bathhouse]) is that it clashes with a statement of Rebbi Yochanan.
What does Rebbi Yochanan say about a case of Reuven who robbed Shimon who has not yet been Meya'esh?

(c) So how do we reconcile the case of the bathhouse and Rav Nachman's ruling with Rebbi Yochanan?

(d) And why do we make a distinction between a bathhouse that is Metaltelin and one that is Karka?

(a) What does Rav Tachlifa from Eretz Yisrael quoting a Beraisa say about two people who are holding a Talis?

(b) Do they require a Shevu'ah, too?

(c) How does Rav Tachlifa then explain our Mishnah, which says nothing about each one taking whatever he is holding?

(a) What does Rav Mesharshaya extrapolate from Rav Tachlifa with regard to a Kinyan Sudar? Whose Sudar does one use to make the Kinyan?

(b) Why does one then require three finger-breadths? Why will a Mashehu not suffice?

(c) What does Rav Chisda say about a Get that a woman is holding, but whose strings are still in the hands of her husband?

(d) Why do we not say there too, that since the woman is holding the Get, it is as if it was detached from the string?

(a) Rava says that if the Talis is made of gold, they divide it.
What is he coming to exclude with that?

(b) The material of which the Talis is made makes no difference. The Tana however, is speaking in a case when there is a golden patch in the middle, but slightly to one side.
What is now the Chidush? Why might we have thought that they do not divide the gold?

(a) According to ...
1. ... Rebbi, if Reuven and Shimon are holding on to a Sh'tar, Reuven claims that he is the creditor who lost the Sh'tar and subsequently found it, whereas the debtor counters that it was indeed Reuven's Sh'tar, but that he had repaid his debt, Reuven had returned the Sh'tar to him and he was the one to have lost it, the Sh'tar must be confirmed by its signatories.
What does Raban Shimon ben Gamliel say?
2. ... the Tana Kama, if the Sh'tar falls into the hands of the Dayan, it can never be claimed.
What does Rebbi Yossi say?
(b) In the Reisha, Rebbi rules that the Sh'tar is confirmed by its signatories. Does this mean that he does not hold of our Mishnah, which rules under similar circumstances 'Yachloku'?

(c) What does Rebbi then hold? Why does he not hold 'Yachloku'?

(d) And how does Raban Shimon ben Gamliel counter Rebbi's argument?

Answers to questions



(a) According to the Tana Kama of the Beraisa, if the Sh'tar falls into the hands of the Dayan, it can never be claimed. In fact, there is no difference between a Sh'tar that is found by a Dayan or one that is found by anybody else.
How do we therefore establish the Seifa? Who found it, and what has the Dayan got to do with it?

(b) Is the reason that the Sh'tar is not returned because it has been verified by Beis-Din?

(c) Rebbi Yossi is not worried that the Sh'tar may have been paid.
Why not?

(a) In another Beraisa, the Tana'im discuss a Sh'tar Kesuvah that is found in the street.
On what condition must the finder return it to the woman, even if she is already divorced?

(b) What is the criterion for returning the Kesuvah, according to Rebbi Yossi?

(c) We see from this Beraisa that Rebbi Yossi is concerned that a lost Sh'tar may have been paid.
How do we solve the discrepancy between Rebbi Yossi's diverse opinions in the two Beraisos?

(d) What problem does this create?

(a) We conclude that the Rabbanan are indeed not concerned that a lost Sh'tar may have been paid, and that the sole opinion in the second Beraisa is Rebbi Yossi.
What does Rebbi Yossi then hold? In which case will the finder not return the Sh'tar Kesuvah to the woman?

(b) According to Rav Papa, Rebbi Yossi is indeed not concerned that a lost Sh'tar may have been paid, like the original version of his statement in the first Beraisa.
In that case, what does Rebbi Yossi really mean, when in the second Beraisa, he differentiates between whether the Sh'tar Kesuvah was found before the divorce or afterwards? What is he saying to the Rabbanan?

(c) And what is the Rabbanan's response? What are they worried about?

(d) Why might a man give his wife Tzareri?

(a) Ravina reverts to the original explanation, switching the opinions in the first Beraisa.
How does he then reconcile the Arabian in the second Beraisa with the Rabbanan in the first? If they are not concerned that the lost Kesuvah was paid, what *are* they concerned about? What did the husband mean when he asked for the Sh'tar not to be returned to his wife?

(b) What does Rebbi Yossi hold?

(a) How does Rebbi Elazar establish Raban Shimon ben Gamliel in the Reisha of the Beraisa, who rules (in the case where the creditor and the debtor enter Beis-Din holding the Sh'tar) 'Yachloku'? What are they holding, according to him?

(b) What is ...

  1. ... the Toref of a Sh'tar?
  2. ... the Tofes?
(c) What does Rebbi Yochanan say?

(d) What does Rebbi Yochanan really mean when he says 'Yachloku'?
What makes us so certain that he does is not coming to argue with Rebbi Elazar?

(a) If, as we just explained according to Rebbi Yochanan, the Toref is in the middle, then what is his Chidush? Is it not obvious that they divide the Sh'tar?

(b) According to Rebbi Elazar, who holds that if one of them is holding the Toref and the other, the Tofes, each takes what he is holding, what does the debtor gain by this, a bottle-stopper?

(c) What advantage does the Toref have over the Tofes, that makes it more valuable?

(d) Seeing as the ...

  1. ... Toref contains the main points of the Sh'tar, what value can the Tofes on its own possibly have?
  2. ... Tofes contains the signature, and not the Toref, how can the Toref have any value at all?
(a) How do we try to prove that 'Yachloku' in the Beraisa must also mean value-wise (meaning that they sell it and share the proceeds or that one of them takes the Sh'tar, and pays the other, half its value) from 'Shenayim Ochzin be'Talis' in our Mishnah?

(b) How do we refute ...

  1. ... this proof? Why might the Tana well be speaking about actually cutting the Talis into two parts?
  2. ... a similar proof from Rava, who rules 'Cholkin' in the case of a golden Talis too (bearing in mind that one would not normally give a child a golden Talis to wear) ?
(c) Why can we not prove it from the case in our Mishnah where the two disputants claimed the cow that they were riding?

(d) Then from where do we finally prove that 'Cholkin' means 'li'D'mei'?

Answers to questions

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