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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 30


(a) We learned in our Mishnah 'Shotchah le'Tzorchah Aval Lo li'Chevodo'. What do we try to prove from the statement 'Shotchah le'Tzorchah'?

(b) How do we counter this proof?

(a) What does the Beraisa say about spreading the garment on a bed or on a peg?

(b) What do we try to prove from the fact that the Tana forbids the finder to do this (even 'le'Tzorchah') should he have guests?

(c) How do we refute this proof? Why other reason might the Tana have for forbidding it?

(d) This fear might in turn, be attributed to Ayin ha'Ra.
What else might we attribute it to?

(a) If a calf is taken into the threshing-ground to feed from its mother (one of the cows in a threshing team), the Beraisa declares it Kasher for use as an Eglah Arufah (see Tosfos DH 'Hichnisah').
When does the Tana disqualify it?

(b) On what grounds do we refute the proof from here that le'Tzorcho u'le'Torchah is forbidden (and extend it to a Shomer Aveidah)? Why might Eglah Arufah be worse than a Shomer Aveidah in this respect?

(c) Then how do we explain the Reisha, where the Tana validates a calf that went in solely to feed, even if it subsequently threshed?

(a) The Beraisa lists the Halachos of whether and how one uses the vessels that one finds.
Why may/should one use wooden vessels?

(b) How should the finder use or not use ...

  1. ... copper vessels?
  2. ... silver ones?
  3. ... shovels and spades?
(c) The Tana equates a Pikadon with an Aveidah regarding these Halachos. Who gives the guardian the right to use the article? If it is for the good of the article, let the owner himself come and use it?
(a) What do we learn from the the Pasuk "ve'His'alamta Meihem"?

(b) Which two cases besides a person of high esteem, who finds it undignified to take the article home, does this incorporate?

(c) Now that the Torah does write "ve'His'alamta Meihem", how do we know that one is ever obligated to pick up an Aveidah?

(d) We conclude that we only really need the Pasuk to teach us the concession of 'Zakein ve'Eino Le'fi Kevodo'.
Why is the Pasuk not needed for ...

  1. ... 'Kohen ve'Hu be'Veis ha'Kevaros'?
  2. ... 'she'Lo Merubeh mi'Shel Chavero'?
Answers to questions



(a) What does Rabah say about a Zakein ve'Eino Le'fi Kevodo who strikes the animal that he finds, causing it to move?

(b) What did Rabah say to Abaye when he threw a clod of earth at a lost herd of goats.

(c) Is a Zakein who would find it undignified to return a lost article in town but not in the fields obligated to return one that he finds in the fields (and once he has started returning it, he is obligating to conclude the Mitzvah)?

(d) What criterion does Rava give for a Zakein ve'Eino Le'fi Kevodo to return a lost article, or to load and unload another man's donkey?

(a) What did Rebbi Yishmael b'Rebbi Yossi do when he came upon a man who had put down his heavy bundle of wood to rest, when the man asked him to help reload it on his back?

(b) And what did he say when he saw that the man was about to re-acquire the bundle of wood for the second time?

(c) In the Mishnah in Pe'ah, Beis Shamai consider Hefker la'Aniyim to be Hefker.
What do Beis Hillel say?

(d) In that case, how could Rebbi Yishmael b'Rebbi Yossi tell the man that he had declared the wood Hefker for everyone but him?

(a) Seeing as Rebbi Yishmael b'Rebbi Yossi was a Zakein ve'Eino Le'fi Kevodo, why did he need to pay the man for the wood? Why was he not Patur completely?

(b) Rav Yosef quoting a Beraisa, learns from the Pasuk in Yisro "ve'Hoda'ta Lahem", 'Zeh Beis Chayeihem'.
What does he mean by that?

(c) If "es ha'Derech" refers to Gemilus Chasadim, what does he learn from ...

  1. ... "Yeilchu"?
  2. ... "Bah"?
(d) And if "ve'es ha'Ma'aseh" refers to Din (the obligation to act according to the law), what does he learn from "Asher Ya'asun"?
(a) In spite of the fact that we have already learned Gemilus Chasadim from "Yeilchu", why do we need a separate Pasuk for ...
  1. ... 'Bikur Cholim' to teach us that even a ben Gil is obligated to perform this Mitzvah.
    Why might we have thought otherwise?
  2. ... the Mitzvah to bury a dead person?
(b) What did Rebbi Yochanan mean when he said that Yerushalayim was destroyed only because they judged Din Torah? What could be wrong with that?
(a) What distinction does the Tana of our Mishnah draw between a donkey or a cow grazing by the wayside on the one hand, and a donkey with its saddle etc. lopsided or a cow running in the vineyard, on the other?

(b) And what does he learn from the Pasuk "Hashev Teshivem"?

(c) If the finder stands to lose a Sela (in work loss) by returning the Aveidah, why can he not automatically recoup his total losses from the owner? What then, *is* he entitled to claim?

(d) How is it nevertheless possible to demand his wages in full?

(a) Our Mishnah begins with the words 'Ei Zu hi Aveidah'.
Does this mean that all that we have learned until now is not considered an Aveidah?

(b) Is there a time limit up to which a donkey or a cow grazing by the wayside are not considered an Aveidah?

(c) We query Rav Yehudah Amar Rav's Shiur however.
What would the Din be if one found it grazing ...

  1. ... at night-time?
  2. ... in the middle of the day?
(d) So how does Rav Yehudah Amar Rav speak? In that case, when did the finder spot the animal grazing for three consecutive days?
Answers to questions

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