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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 35


(a) We just asked how, according to Rav Huna, who rules that the creditor has to swear that the security is not in his possession, the Beraisa can contend with the possibility that the creditor will produce it.
Why is Rabah's suggestion that there are witnesses that it got burned (absolving him from the Shevu'ah), unacceptable?

(b) Why is Rav Yosef's answer (that there are witnesses that it got lost) any better?

(c) In that case, why are we not equally concerned that if the creditor swears, the debtor will go and find the Ganav?

(a) How does Abaye answer the original Kashya on Rav Huna from the Beraisa?

(b) What does Rav Ashi mean when he answers that they both swear?

(c) What does the Tana then mean when he concludes 'Mi Nishba, Mi she'ha'Pikadon Etzlo ... '?

(a) Rav Huna bar Tachlifa asks on Rav Huna from the Reisha of the Seifa (which exempts the creditor from swearing how much the Pikadon was worth because he is a 'Kofer ba'Kol').
Why does this pose a Kashya on Rav Huna?

(b) When Rav Ashi asked Rav Kahana the same Kashya, what did he answer?

(c) Then why does the debtor not believe the creditor when he claims that the Pikadon was worth a Sela?

(d) And why in the Reisha, does the creditor not believe the debtor?

(a) How do we translate the Pasuk in Mishlei ...
  1. ... "Tumas Yesharim Tanchem"?
  2. ... "ve'Selef Bogdim Yeshadem"?
(b) What did the Shomer of the precious nose-rings claim when the owner asked him to return them?

(c) What did Rav Nachman rule ...

  1. ... in that case?
  2. ... when he refused to pay?
  3. ... when the value of the rings rose significantly?
(a) When Rava queried Rav Nachman's latest ruling from our Mishnah (that once the Shomer pays, the owner grants him all the benefits [including an increase in price]), Rav Nachman didn't bother to answer him.
How did Rava react to that?

(b) What does 'Shuma Hadar' mean?

(c) Why is there no proof from Rav Nachman's previous ruling that he holds 'Shuma Hadar'?

(d) The Neherda'i hold that 'Shuma Hadar' up to twelve months.
What did Ameimar comment on that? What was the basis of that comment?

(a) What do we say to Reuven who receives from Shimon his debtor a field, which he in turn, received from *his* debtor by means of a Shumas Beis-Din?

(b) And what will be the Din in this regard if, instead of giving it to Reuven in lieu of his debt, Shimon sold it to him, bequeathed it to him or gave it to him as a gift?

(c) Why will we not apply "ve'Asisa ha'Yashar ve'ha'Tov" in a case where Beis-Din assessed the field ...

  1. ... of a woman's debtor, and, after marrying, she dies?
  2. ... belonging to a woman, to pay her creditor, and she marries and dies, and her husband wishes to redeem her field?
(d) What is 'Takanas Usha'? In which regard did Rebbi Yossi bar Chanina cite it?
Answers to questions



(a) In a case where the debtor paid the creditor a field of his own accord (not through a Shumas Beis-Din), Rav Acha and Ravina argue whether he can redeem it or not.
What is the reason of the one who rules that ...
  1. ... he cannot?
  2. ... he can?
(b) According to Rabah, the creditor takes possession of the Shumas Beis-Din (and may eat its fruit) from the moment they give him the Sh'tar Adrachta (authorizing him to claim from the debtor's property).
How long is that after they obligated the debtor to pay?

(c) According to Abaye, he might even be allowed to eat before he actually receives the Adrachta.
What does Abaye say?

(d) And according to Rava, he cannot even eat when he has the Adrachta. When then, can he eat, according to Rava? What are the 'Yemei Achrazta'?

(a) What does the Tana Kama rule in a case where Reuven hires a cow from Shimon which he lends to Levi (with Shimon's consent - Bartenura), and the cow dies a natural death?

(b) What objection does Rebbi Yossi raise to this ruling? What is the Halachah, according to him?

(c) Based on the assumption that Reuven acquires the cow from Levi with the Shevu'ah that he makes to Shimon, what problem do we have with the Tana Kama's ruling?

(d) How do we answer this Kashya? On what basis does Reuven acquire the cow? What is then the purpose of the Shevu'ah?

(a) Rebbi Zeira states a case where Shimon (the owner) would be obligated to pay Reuven (the hirer) a number of cows.
What case is Rebbi Zeira talking about?

(b) What would the Din be if the cow died during ...

  1. ... the second stage, after Shimon had borrowed it back for ninety days?
  2. ... the third stage, after Reuven had hired it for eighty days?
  3. ... the fourth stage, after Shimon had borrowed the cow for seventy out of the eighty days?
(c) Rav Acha mi'Difti asked Ravina why he would have to pay more than one cow (for the borrowing and one, for the hiring), seeing as it is really the same cow that was borrowed twice and hired twice.
What did Ravina reply?

(d) Mar bar Rav Ashi obligates the owner to pay the hirer a maximum of two cows.
Why is that?

Answers to questions

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