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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 16

BAVA METZIA 11-17 - This study material has been produced with the help of the Israeli ministry of religious affairs.


(a) What will be the Din if the Gazlan ...
  1. ... before buying the stolen field (which he had already sold to Shimon - see Hagahos ha'G'ra), sold it to Levi, bequeathed it to him in an inheritance or gave it to him as a gift? Will Shimon then be permitted to keep the field after the Gazlan buys it from the owner?
  2. ... inherited the field that he stole and sold to Shimon? Will Shimon then be permitted to keep the field?
  3. ... claimed the field in lieu of a debt (that the Nigzal owed him)?
(b) If he received the very same field as a Matanah, Rav Acha and Ravina argue over whether it has the Din of an inherited field, or of a purchased one.
Seeing as he did nothing to procure it, on what grounds might it nevertheless have the Din of a purchased field ?
(a) What does Rav Huna mean when he says that it is only until 'Ha'amadah ba'Din' that the Gazlan wishes to remain on good terms with Shimon? Which 'Din is he referring to?

(b) Chiya bar Rav says until he receives the Adrachta.
What is an Adrachta?

(c) Rav Papa has a third opinion.
What does he say?

(a) Rami bar Chama asked how, according to Rav, the Loke'ach would acquire the field.
What is the problem?

(b) What did Rava reply?

(c) Rav Sheishes asked on Rav from a Beraisa.
What does the Tana say a case where someone sells ...

  1. ... what he stands to inherit from his father or the animals that his traps will catch?
  2. ... what he stands to inherit from his father *today(, or the animals that his traps will catch *today*?
(a) Rami bar Chama remarked that the Kashya befitted the man who asked it. What did Rava respond? On what grounds did he refute Rav Sheishes' Kashya?

(b) When Rebbi Aba bar Zavda heard of Rav Sheishes' Kashya, he exclaimed 'Zu Einah Tzerichah le'Panim!'
What did he mean by that?

(c) Rava's reaction was to reiterate what he had said to Rami bar Chama. What did Abaye have to say when Rav Yosef followed in the footsteps of Rebbi Aba bar Zavda?

(d) And how did Rebbi Yochanan explain the difference between the Reisha and the Seifa (regarding the man who sells what he stands to inherit from his father or the animals that his traps will catch)? Why should the fact that he adds 'today' make any difference in the case of ...

  1. ... 'Mah she'Irash me'Aba ... '?
  2. ... 'Mah she'Ta'aleh Metzudasi ... '?
Answers to questions



(a) What does Rav Huna Amar Rav say about Reuven who sells Shimon the field that he is about to purchase as from now?

(b) How does Rava qualify Rav's statement?

(c) Does he then accept this qualification as Halachah?

(a) The reason that Rava does not accept his own qualification is because Rav Huna, he points out, holds like Rebbi Meir.
What does Rebbi Meir say about someone who betroths a woman as from now 'after he or she converts, after he or she is set free, after her husband divorces her, or her Yavam performs Chalitzah with her or after her sister dies'?

(b) How does this prove that Rav statement must have incorporated 'Sadeh Zu'?

(a) We have already cited Shmuel, who permits the return of a Sh'tar Hakna'ah that someone finds in the street.
Why is he not afraid that...
  1. ... in fact, the loan never took place?
  2. ... the borrower already repaid the loan?
(b) Rav Nachman recalled such a case with his father, who worked with Shmuel's Beis-Din in Neherda'a, and where they announced that Sh'tarei Hakna'ah had been found.
In what capacity did Rav Nachman's father work with Shmuel's Beis-Din?

(c) How old was Rav Nachman at the time?

(a) Which ruling does Rav Amram attempt to prove from the Mishnah later 'Kol Ma'aseh Beis-Din, Harei Zeh Yachzir'?

(b) Rebbi Zeira tries to refute Rav Amram's proof by establishing the Mishnah by Sh'tarei Chaltasa and Adrachta.
What is the difference between a Sh'tar Chaltasa and a Sh'tar Adrachta?

(c) Rebbi Zeira presumes that these two Sh'taros are not subject to 'Para'ti'. Rava refutes this contention by quoting the Neherda'i.
What do the Neherda'i say about 'Shuma'? What is 'Shuma'?

(d) What does Ameimar, who was himself from Neherda'a, say about this?

(a) Rava refutes Rav Amram's argument in a slightly different way than Rebbi Zeira.
What do we learn from the Pasuk in Va'eschanan 've'Asisa ha'Yashar ve'ha'Tov' (regarding 'Shuma'?

(b) How does this negate the debtor's chances of claiming 'Para'ti'?

(c) Why on the other hand, might the debtor be believed to claim 'Para'ti' in the case of a regular Sh'tar Hakna'ah?

(d) Rebbi Avahu Amar Rebbi Yochanan rules that the finder is not permitted to return a Sh'tar-Chov that he found in the street.
What is the reason for this assuming that ...

  1. ... it was not stamped by Beis-Din?
  2. ... it was?
(a) What did Rebbi Avahu reply when Rebbi Yirmiyah queried his previous ruling from the Mishnah that we cited earlier 'Kol Ma'aseh Beis-Din Yachzir'? How did he establish the Mishnah? What does 'Huchzak Kafran' mean?

(b) On what grounds does Rava object to Rebbi Avahu's interpretation of the Mishnah?

(c) So how does *he* establish the Mishnah?

Answers to questions

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