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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 19


(a) Rabah bar bar Chanah lost a Get in the Beis ha'Medrash.
Whose Get was it, his own?

(b) Based on the fact that he gave a clear Si'man, what doubts did he harbor as to why they returned it to him?

(c) What is the difference between Si'manim and Tevi'as Ayin?

(a) We cited the Beraisa 'Matza Get Ishah be'Shuk bi'Z'man she'ha'Ba'al Modeh Yachzir la'Ishah'.
What would be the Din if the husband claimed that he had already paid.

(b) What is the problem with returning the Sh'tar in the Reisha? How might this cause an illegal loss to the purchasers?

(c) According to which opinion can we easily answer this Kashya?

(d) How do we solve this problem according to those who permit him to do so?
What do we ask the woman should she claim the Peiros from the purchasers?

(a) Why did the Mishnah earlier in the Masechta rule in a case where someone finds Sh'tarei Chov which contain Acharayus Nechasim 'Lo Yachzir', even though the debtor admits that he has not yet paid?

(b) Why do we not permit him to return the Sh'tar there too (like we do here(, and when the creditor claims from the purchaser, order him to bring proof as to when he received the Sh'tar, before being permitted to claim?

(c) Then why are we lenient in the case of the woman?

(a) We learned in a Beraisa that someone who finds Shichrurei Avadim in the street, should return them to the Eved as long as his master admits that he set him free, but not if he denies it.
What irregularity might we suspect (which ought to prevent the return of the Sh'tar Shichrur)?

(b) We could reply that this Tana holds that it is a Z'chus for the Eved to go free.
Why might it be considered a Z'chus for an Eved to go free?

(c) We would also need to establish the Beraisa like Abaye (whose opinion we have already discussed).
What does Abaye say?

(a) The problem will be if the Tana holds like those who consider it detrimental for an Eved to go free.
Why might it be detrimental for an Eved to go free?

(b) What will the problem then be?

(c) How do we solve the problem? Why are we not afraid that the Eved will subsequently claim illegally from the purchasers?

(a) What is the acronym of 'Da Tehei le'Meikam ve'li'Heyos'?

(b) What is the basic difference between ...

  1. ... a Matnas Shechiv-Mera and a Matnas Bari?
  2. ... the time that each one takes effect?
(c) The Tana describes a Matnas Bari (the gift of a healthy person) as 'Kol she'Kasuv Bo me'Hayom u'le'Achar Miysah'.

(d) What are the ramifications of the statement 'me'Hayom'?

(a) To describe a Matnas Bari (the gift of a healthy person) as 'Kol she'Kasuv Bo me'Hayom u'le'Achar Miysah' makes no sense.
Why not?

(b) How does Abaye therefore explain the Beraisa? What does the Tana mean with this statement?

Answers to questions



(a) The Tana of our Mishnah ('Matza Dayteki ... Lo Yachzir, *she'Ani Omer'*) implies that if the donor were to say 'T'nu', the Daytiki would be returned. What does the Beraisa say about someone who finds 'Dayteka'os, Apoteka'os and Matanos'? What are 'Apoteka'os'?

(b) Rebbi Aba bar Mamal resolves the obvious discrepancy by establishing the Mishnah by a Matnas Shechiv-Mera and the Beraisa by a Matnas Bari.
What is the basic difference between ...

  1. ... them as regards this Sugya?
  2. ... the wording of a Matnas Shechiv-Mera and of a Matnas Bari?
(c) What is the scenario that worries us if the Sh'tar is a Matnas Bari, but not if it is a Matnas Shechiv-Mera?

(d) Why do we...

  1. ... return the Sh'tar if it is a Matnas Shechiv-Mera, on the one hand?
  2. ... not return the Sh'tar if it is a Matnas Bari, on the other?
9) In the previous case, assuming that the donor is genuine and that there is no Shimon, what should he do to satisfy Beis-Din (who do not know this)?


(a) What problem does Rav Z'vid have with Rebbi Aba bar Mamal's interpretation of the Beraisa?

(b) Rav Z'vid therefore explains the *Mishnah* in the same way as Rebbi Aba bar Mamal did, but the *Beraisa* he establishes when it is the son of the now deceased Shechiv-Mera who agrees to the return of the Sh'tar.
What are we now afraid of? Why should the finder not return the Sh'tar?

(c) What should the son do to satisfy Beis-Din, assuming that he did not give the field to Shimon, and his father's Sh'tar is therefore valid?

(d) Our Mishnah states 'she'Ani Omer ... ', implying that if he said 'T'nu', then we return the Sh'tar.
How do we understand this, bearing in mind that the Tana also incorporates Matanos in the Mishnah?

Answers to questions

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