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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 39


(a) We already referred to the Beraisa 've'Chulan Shamin Lahem ke'Aris'.
Why can this not refer to ...
  1. ... Nechsei Shevuyin?
  2. ... Nechsei Retushin?
(b) Then to what does it refer?

(c) This cannot go according to the Rabbanan, who rule 'Motzi'in Oso mi'Yado'.
Why does it not seem to go like Raban Shimon ben Gamliel either?

(d) How do we finally reconcile the Beraisa with Raban Shimon ben Gamliel?
What does he mean when he says 'Shama'ti she'ha'Netushin ki'Shevuyin'?

(a) What does the Mishnah in Kesuvos say about a man who invested a lot of money in his wife's field, if the field yields a scant harvest, or vice-versa?

(b) What problem does this Mishnah pose on Raban Shimon ben Gamliel's opinion by Nechsei Netushin?

(c) We answer that Raban Shimon ben Gamliel's case is more comparable to the same case, but where his wife is a Ketanah.
What do we mean by a 'Ketanah'?

(d) What does Rav Ya'akov Amar Rav Chisda rule there? What makes the two cases similar?

(a) The Tana of the Beraisa says 've'Chulan Shamin Lahem ke'Aris'.
What does 've'Chulan' come to include?

(b) Rav Nachman quoting Shmuel, makes a distinction between someone who was captured (whose property is guarded by a relative), and someone who left his property of his own accord (whose property is not).
What does Rav Nachman himself add in connection with someone who runs away?

(c) Why can he not be referring to someone who ran away to evade having to pay taxes?

(d) Then what is Rav Nachman referring to? Under whose jurisdiction must they have been living?

(a) What does Rav Yehudah Amar Shmuel say about a captive who left ripe corn ready to cut, and ripe fruit ready to pick?

(b) If 'Kotzer' and 'Botzer' refer to the harvesting of grain and grapes respectively, what do 'Goder' and 'Mosek' refer to?

(c) They do not appoint a permanent Apotropus to look after the field until the owner is released, because on principle, Beis-Din do not appoint an Apotropus on behalf of grown-ups.
Why not?

(a) Why does Rav Huna forbid ...
  1. ... a Katan to look after the property of a Karov?
  2. ... a Karov to look after the property of a Katan who has been captured?
(b) Neither will he permit a Karov Machmas Karov to look after a captured Karov's property.
What is a Karov Machmas Karov?

(c) Why is he not permitted to look after the captured man's property?

(d) Rav Huna does however, permit a stranger to go down to the captured Katan's property.
Why is he not afraid that after three years ...

  1. ... the stranger will claim that he bought the property from the Katan's father?
  2. ... from the time that the Katan grows up, he (the Gadol) will claim that he bought it from *him*?
Answers to questions



(a) On what grounds does Rava (the author of the current statements) hold 'Moridin' in the case of ...
  1. ... a maternal half-brother looking after his captured relative's field?
  2. ... a paternal half-brother looking after the house of his captured relative who is a Katan?
(b) Rava even permits a Karov to look after his paternal brother's *field*, if they wrote an It'da.
What is an 'It'da'?

(c) Why should it make any difference to the Halachah?

(d) We conclude however, that in all of the above cases, we say 'Ein Moridin'. The reason for this in the case of a paternal half-brother looking after his captured Katan's house and a Karov looking after his paternal brother's field, if they wrote an It'da, is merely a Chumra (see Tosfos DH 'Lo Sh'na').
But what is the reason in the case of a maternal half-brother looking after his captured relative's field, where there appears to be no logical reason to go le'Chumra?

(a) In the case of that old woman who was captured together with one of her three daughters, what happened next?

(b) What problem did that cause? Why could they not allow ...

  1. ... the free sister to look after the property on behalf of her mother?
  2. ... the young son of the sister who died to look after it?
(c) Abaye therefore ruled that they should allow the sister to look after half the property, and appoint an Apotropus on the other half.
Why is that?

(d) What did Rava say?

(a) What did Abaye rule when they subsequently heard that the old woman had died?

(b) What did Rava say?

(a) Mari bar Isak traveled with his father to Mechuza.
What happened next?

(b) How did Rav Chisda react when Mari claimed that he did not recognize the man who claimed to be his brother? From which Pasuk did he support this?

(c) What was the brother's response when Rav Chisda ordered the purported brother to bring witnesses to prove his identity?

(a) On what basis did Mari bar Isak query Rav Chisda, when he ordered him to bring those (or other) witnesses to prove that the man was not his brother?

(b) How did Rav Chisda counter his query?

(c) And what did Rav Chisda reply when Mari argued that even if he brought the witnesses, they would merely tesify in his favor due to their fear of him?

(d) On what basis did Rav Chisda uphold the brother's claim to half the vineyards (or orchards) and tree-gardens that Mari had planted (without paying him even like an Aris)?

(a) Aside from the fact that a Mishnah does not require the support of Amora'im, on what grounds can we not accept the text 've'Chein Amar Rabah, Hishbichu le'Emtza'?

(b) We dispense with the second Kashya by substituting Rav for Rabah.
How do we answer the first Kashya? What do we gain by quoting Rav?

(c) On what grounds did Abaye attempt to refute the proof from the Mishnah in Bava Basra?

(d) When the case came before Rebbi Ami, how did he, on the basis of the ruling 'Shamin Lahem ke'Aris', support Abaye's opinion?

(a) When the case was brought back to Rav Chisda, he objected to Rebbi Ami's reasoning for two reasons; one of them, because Mari bar Isak developed the field without Beis-Din's permission.
What was the second?

(b) What did Rebbi Ami comment when he heard that?

Answers to questions

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