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Bava Metzia 31

BAVA METZIA 31 - Dedicated by Josh Daniel of Efrat, Israel, in memory of his brother, Yitzchok Yisroel [ben Refael Noach Yosef] Daniel, for his Yahrzeit (7 Teves).


(a) The Beraisa corroborates Rav Yehudah Amar Rav's three days time limit up to which a donkey or a cow grazing by the wayside are not considered an Aveidah.
What does the Tana say about a cloak or a spade that one finds ...
  1. ... on a main highway or a cow running among the vines?
  2. ... beside a wall or a cow grazing among the vines (or grazing grass)?
(b) What does Rava learn from the Pasuk "le'Chol Aveidas Achicha"?

(c) If Reuven sees a torrent of water flowing in the direction of Shimon's field, the Beraisa obligates him to put up a wall (or close the gate) in order to protect it. What did Rava reply, when Rav Chananyah tried to support his (Rava's) ruling from there?

(d) Assuming that Hashavas Aveidah does not apply to Karka, why would the Tana need to teach us that one is obligated to protect loose sheaves lying in a field? Why might we have thought otherwise?

(a) What can we extrapolate from our Mishnah, which ...
  1. ... exempts a Jew from returning an animal that one finds grazing by the wayside?
  2. ... obligates the return of a donkey with its saddle etc. lopsided and a cow running in the vineyard?
(b) What does ...
  1. ... Abaye mean when, in an attempt to resolve this contradiction, he quotes the Pasuk in Iyov "Yagid Alav Rei'o"?
  2. ... Rava mean when he refutes Abaye's explanation, because then 'Lisni Kilsa, ve'Kol sh'Ken Chamirta'?
(c) Rava therefore resolves the contradiction quite differently.
When, according to him, is one obligated to return a cow that is ...
  1. ... running in the street, and when is one not?
  2. ... grazing in the vineyard and when is one Patur?
(d) In the latter case, why is the finder not obligated to return the cow anyway ...
  1. ... because of 'Aveidas Karka'?
  2. ... to save the animal, which the Nochri owner of the vineyard will kill if he finds it grazing there?
(a) A Torah-scholar asked Rava why our Mishnah obligates the finder to return a lost animal even four or five times, when the Torah writes "Hashev Teshivem", implying twice and no more.
What did Rava reply? What does Teshivem then come to teach us?

(b) If the Chatzer is unguarded, it makes no sense to permit the finder to place it there. So the Pasuk must be speaking about one that is, and it is coming to teach us the Chidush of Rebbi Elazar.
What does Rebbi Elazar say with regard to an Aveidah?

(c) And what does he mean by 'everyone'?

(d) What does Rava subsequently learn from the double expression of ...

  1. ... "Shale'ach Teshalach es ha'Eim ... " (Kedoshim)?
  2. ... "Ho'che'ach Tochi'ach es Amisecha" (ibid.)?
  3. ... "Hakem Takim" and "Azov Ta'azov" (Mishpatim and Ki Seitzei respectively)?
(a) Now that the Torah has taught us ...
  1. ... P'rikah (the obligation to unload an animal), why does the Torah need to teach us Te'inah (that of loading it) as well? Why can we not learn one from the other?
  2. ... Te'inah, why does the Torah then need to teach us P'rikah as well?
(b) In which point does Rebbi Shimon argue with the Rabbanan?

(c) According to him, why does the Torah need to teach us loading? Why is the Din of unloading not sufficient (and 'Kal va'Chomer' loading)?

(d) Having taught us the Din of ...

  1. ... P'rikah and Te'inah, why does the Torah find it necessary to teach us also that of Hashavas Aveidah? Why can we not learn the latter from the former?
  2. ... Hashavas Aveidah, why does the Torah find it necessary to teach us also that of P'rikah and Te'inah?
Answers to questions



(a) What do we learn from the double expression ...
  1. ... "Mos Yumas" (in Mas'ei - in connection with a murderer) and "Hekeh Sakeh" (in Re'ei, in connection with an Ir ha'Nidachas)?
  2. ... Hashev Tasiv" (in Ki-Seitzei) and "Chavol Sachbol" (in Mishpatim, both in connection with taking a security for a loan)?
(b) How do we know that the Pasuk is speaking primarily about a security that is claimed by the Sheli'ach Beis-Din?

(c) And why do we need two Pesukim to teach us the same Din?

(a) And what do we learn from the double expression ...
  1. ... "Paso'ach Tiftach es Yadcha" (in Re'ei, in connection with Tzedakah)?
  2. ... "Nason Titen Lo" (ibid.)?
  3. ... "Ha'anek Ta'anik Lo" (in Re'ei, in connection with an Eved Ivri who goes free), according to the Rabbanan?
(b) In which point does Rebbi Elazar ben Azaryah disagree with the Rabbanan?

(c) According to him, why does the Torah then use the double expression "Ha'anek Ta'anik"?

(a) What does the Pasuk in Re'ei "Ha'avet Ta'avitenu" mean?

(b) "Ha'avet", we explain, comes to teach us the obligation to lend someone who 'Ein Lo ve'Eino Rotzeh Le'hisparnes', and "Ha'avitenu", 'Yesh Lo ve'Eino Rotzeh Le'hisparnes'.
What is the meaning of ...

  1. ... 'Ein Lo ve'Eino Rotzeh Le'hisparnes'?
  2. ... 'Yesh Lo ve'Eino Rotzeh Le'hisparnes'?
(c) According to Rebbi Shimon, who holds that there is no obligation to lend someone who has money and doesn't want to spend it, why does the Torah write "Ta'avitenu"?

(d) Our Mishnah obligates the owner to reimburse the finder's work-losses like a Po'el Batel.
How does Abaye define a Po'el Batel, seeing as he is not really Batel?

(a) What did Rav Safra, who entered into a limited business partnership with Isar, do?

(b) Which two options, besides bringing *the three men* in front of whom he had divided the goods to Beis-Din, did Rabah bar Rav Huna give him to prove that his division had been made honestly?

(c) What did he reply when Rav Safra asked him for his source?

(d) On what grounds did Rav Safra query Rabah bar Rav Huna's source?

(a) What did Rav Safra try to prove from the Mishnah is Kesuvos "Almanah Mocheres she'Lo bi'F'nei Beis-Din'?

(b) Abaye refuted his proof however, on the basis of a statement by Rav Yosef bar Minyumi Amar Rav Nachman.
How did Rav Nachman interpret the Mishnah in Kesuvos?

Answers to questions

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