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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 38


(a) The Tana Kama of our Mishnah forbids a Shomer of fruit (crops to sell it even if it is deteriorating.
What does the Tana mean by 'deteriorating'?

(b) What does Raban Shimon ben Gamliel say?

(c) Rav Kahana attributes the Tana Kama's ruling to the fact that a person prefers one measure of his own produce to nine measures of someone else's. Why is that?

(d) To what does Rav Nachman bar Yitzchak ascribe the Tana Kama's ruling?

(a) The Tana of the Beraisa permits the owner of the deposited crops to declare them T'rumah and Ma'aser on other crops of his, seemingly reversing the cause and effect of Rav Nachman bar Yitzchak.
How does the latter reconcile his order with that of the Beraisa?

(b) How does Rabah bar bar Chanah Amar Rebbi Yochanan qualify our Mishnah. In which case will the Tana Kama concede that the Shomer may sell the crops?

(c) Does Rebbi Yochanan argue with ...

  1. ... Rav Nachman bar Yitzchak?
  2. ... Rav Kahana?
(d) How can we say that, considering that Rav Kahana referred to one measure of one's own against nine measures of someone else, which is way above the anticipated loss?
(a) The Beraisa that we just quoted permits the owner of the deposited crops to declare them T'rumah and Ma'aser on other crops of his. Why are we not afraid that the crops deteriorated Yoser mi'Ch'dei Chesronan, and that the Shomer therefore sold it?

(b) If the crops did reach Yoser mi'Ch'dei Chesronan, the Shomer is permitted to sell them.
Why are we not afraid that the owner declared them T'rumah and Ma'aser on other crops of his?

(c) In that case, why does Rav Nachman bar Yitzchak not also permit the Shomer to sell them to a Kohen cheaply?

(d) And what does Rabah bar bar Chanah (as well as Rav Kahana) say?

(a) Rebbi Meir in a Beraisa, forbids the Shomer to sell fruit, wine, oil or honey that has gone bad.
What do the Chachamim say?

(b) What restriction do the Chachamim impose on the sale?

(c) They impose a similar restriction on a Gabai Tzedakah.
What is it?

(d) To whom else does this restriction extend? What is the reason for it?

(a) How will Rabah bar bar Chanah Amar Rebbi Yochanan, who unanimously permits the sale of fruit that has reached the stage of 'Yoser mi'Ch'dei Chesronan', reconcile this with the Beraisa, where the Pikadon has also reached that stage, yet Rebbi Meir forbids their sale?

(b) Raban Shimon ben Gamliel permits the sale of the four above-mentioned commodities that have gone bad.
What can one do with ...

  1. ... bad oil?
  2. ... bad honey?
(c) What is the point of the sale according to the Chachamim? What are they referring to when they say 'Oseh Lahem Takanah'?

(d) What does Rebbi Meir say to that? What is the basis of their Machlokes?

Answers to questions



(a) Rebbi Aba bar Ya'akov Amar Rebbi Yochanan rules like Raban Shimon ben Gamliel in our Mishnah ('Yimkerem be'Beis-Din').
What does Rava Amar Rav Nachman say?

(b) How do we reconcile the above ruling of Rebbi Yochanan with that of Rabah bar bar Chanah Amar Rebbi Yochanan, who rules like Raban Shimon ben Gamliel whenever he appears in a Mishnah (rendering Rebbi Aba bar Ya'akov's ruling superfluous)?

(c) Are there any exceptions to Rabah bar bar Chanah's principle?

(a) How do we try and connect the Machlokes between Raban Shimon ben Gamliel and the Rabbanan with the She'eilah of whether 'Moridin Karov le'Nechsei Shavuy' or not?

(b) We reject this explanation however.
How might ...

  1. ... Raban Shimon ben Gamliel hold 'Ein Moridin ... ', even though in our cMishnah he permits the Shomer to sell the Pikadon?
  2. ... the Rabbanan hold 'Moridim Shavuy ... ' even though in our Mishnahc they permit the sale?
(c) What do we try (unsuccessfully) to prove from the fact that Shmuel rules both like Raban Shimon ben Gamliel, and also 'Moridin Karov le'Nechsei Shavuy'?

(d) How do we prove from two rulings of Rav Nachman that the two are separate issues?

(a) Rav holds 'Ein Moridin Karov le'Nechsei Shavuy'.
How do we define 'Karov'?

(b) What does Shmuel say?

(c) In which case will Rav concede 'Moridin'?

(d) Rav is concerned that the Karov will spoil the field (in trying to procure short-term gains, without taking care to preserve the property).
How does Shmuel counter that?

(a) The Pasuk in Mishpatim writes "ve'Charah Api ve'Haragti Eschem".
How does Rebbi Eliezer explain the continuation "ve'Hayu Nesheichem Almanos u'Veneichem Yesomim" (which appears to be redundant)?

(b) How does Rava reconcile Shmuel's opinion ('Moridin Karov ... ') with the Beraisa?

(c) When a Karov wanted to go down to his captured relative's property in Neherda'a, Rav Sheishes stopped him due to the Beraisa of Rebbi Eliezer. What did Rav Amram say to him?

(d) On what grounds did Rav Sheishes reject Rav Amram's explanation?

(e) What did Rav Sheishes mean when he suggested that he was from Pumbedisa? What did they used to do in Pumbedisa (in a metaphoric sense)?

(a) What does the Tana of the Beraisa say about 'ha'Yored le'Nechsei Shavuy (or Shevuyin)'? What does he mean by 'Nechsei Shavuy' (or Shevuyin')?

(b) What additional concession does he permit?

(c) The Tana Kama holds 'ha'Yored le'Nechsei Netushin, Motzi'in Oso mi'Yado'.
What is 'Nechsei Netushin'?

(d) What does Raban Shimon ben Gamliel hold by Nechsei Netushin? What do we prove from here?

(a) What does the Beraisa say about Nechsei Retushin? What is 'Nechsei Retushin?

(b) How does the Pasuk ...

  1. ... in Mishpatim "ve'ha'Shevi'is Tishmetenah u'Netashtah" help us to define 'Nechsei Netushin'?
  2. ... in Hoshe'a "Eim al Banim Rutshah" help us to define 'Retushin'?
Answers to questions

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