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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 40


(a) According to our Mishnah, a Shomer deducts nine half-Kabin per Kur for wheat and rice.
How much does he deduct for ...
  1. ... barley and millet?
  2. ... spelt and flax seeds?
(b) How many Kabin are there in a Kur?

(c) According to the Tana Kama, the above Shiur is both per Kur and per annum.
What does Rebbi Yochanan ben Nuri say?

(a) According to Rebbi Yehudah, if the Shomer is looking after many Kurin, he does not need to deduct
What is the Shiur of 'many Kurin'?

(b) What is Rebbi Yehudah's reason?

(c) What problem do we have with the Tana's Shiur for rice (nine half Kabin per Kur)?

(a) The Beraisa corroborates the statements of Rabah bar bar Chanah Amar Rebbi Yochanan and Rebbi Yochanan Amar Rebbi Chiya.
What does
  1. ... Rabah bar bar Chanah Amar Rebbi Yochanan say (in answer to the Kashya we just asked) concerning the Shiur of rice in our Mishnah?
  2. ... Rebbi Yochanan Amar Rebbi Chiya say about the flax-seeds in our Mishnah?
(b) What would the Din be with regard to pure flax-seeds without the stalks?

(c) How do the Rabbanan (quoted in a Beraisa) counter Rebbi Yochanan ben Nuri's argument that the mice do not eat more because there are more Kurin?

(a) Our Mishnah specifies how much one deducts for the losses of the various commodities listed in the Mishnah.
Why is the Shomer responsible for those losses? Why can he not just return whatever there is, and whatever is lost, is lost?

(b) Then why can the Shomer not just ...

  1. ... separate his own crops from the Pikadon and return the rest?
  2. ... assess how much he used and deduct it from the total?
(c) Rabah bar bar Chanah gives the Shiur of Midah Merubah (of Rebbi Yehudah) as ten Kur.
How do we prove that this Shiur is correct?
(a) A Beraisa expert cited a Beraisa confining our Mishnah (which deducts the Chesronos) to a case where the owner gave the Shomer the corn in the barn, and the Shomer returned it in the barn, but not when he returned it from the house.
Why not?

(b) Why did Rav Nachman reject this version of the Beraisa?

(c) How did he therefore amend it?

(d) Rav Papa asked Abaye why, in that case, jars of produce that are kept from the summer to the winter do not burst. It happened once that such a jar did burst.
Why do other jars burst? Why did that jar do so? (See Shitah Mekubetzes)?

(a) The Tana Kama gives the Shiur of Chesronos for wine (that the Shomer mixed with his own) as a sixth (because that is how much becomes absorbed in the barrel).
What does Rebbi Yehudah say?

(b) Our Mishnah he gives the Shiur for the loss of oil as three Lugin per hundred.
How does the Tana divide this into two different causes?

(c) What will the Din therefore be ...

  1. ... if the oil is purified?
  2. ... if the oil is stored in an old barrel?
(d) What does Rebbi Yehudah say about someone who purchases pure oil in the course of the year?
(a) If the Tana Kama and Rebbi Yehudah in our Mishnah do not argue, then (aside from the possibility that they used different kinds of earthenware) why does the former give the Shiur for wine as a sixth, and the latter, as a fifth?

(b) When Rav Yehudah became a wine-merchant, he sold wine which he had bought for six Zuz per barrel at six Kuzim per Zuz. Seeing as each barrel contained forty-eight Kuzim, how much profit was Rav Yehudah now making (in Kuzim), after deducting a sixth (eight Lugin [like the Tana Kama of our Mishnah])?

(c) How much profit is a merchant permitted to earn for a livelihood?

(d) Then why did Rav Yehudah not allow himself a profit of another two Kuzim to make up the sixth?

(a) How do we then account for the fact that the four Kuzim plus the barrel and the dregs add up to more than a sixth, which is in excess of the maximum profit permitted?

(b) 'Barzenaysa' refers to the cost of fitting a tap to the barrel. Others have the text 'Karzenaysa'.
What does 'Karzenaysa' mean?

Answers to questions



(a) We learned in our Mishnah that if the wine is placed in old barrels, the Shomer does not contend with asorption. To answer the Kashya 've'Ha I Efshar de'Lo Bala?', Rav Nachman establishes the Mishnah by barrels that have been lined with pitch.
But did we not learn earlier that the pitch itself absorbs (see Tosfos)?

(b) How does Abaye answer the Kashya?

(c) Rebbi Yehudah permits a seller of pure oil to give the purchaser one a half Lugin of dregs per hundred Lugin. The Chachamim forbid it.
How does Abaye explain the basis of their Machlokes? On what grounds does Rebbi Yehudah permit adding dregs?

(d) Why can the purchaser not argue that ...

  1. ... had he received the dregs mixed with the oil, he could at least have sold them, whereas as a separate entity, they are useless to him?
  2. ... the fact that the seller did not mix them indicates that he was Mochel them?
(a) In the Mishnah in Bava Basra, the Tana Kama holds that someone who buys a yoke has not automatically bought the oxen, and vice-versa.
What does Rebbi Yehudah say?

(b) What is the basis of their Machlokes?

(c) Rav Papa disagrees with Abaye's interpretation of Rebbi Yehudah and the Rabbanan in our Mishnah.
How does he explain it, using the reverse logic?

(a) The Beraisa equates a buyer with a depositor with regard to Piktim. What are Piktim?

(b) Why can he not mean that a depositor, like a buyer, does not need to accept them?

(c) Then what *does* he mean?

(a) Why does Rebbi Yehudah say in a Beraisa, that the seller is obligated to retain the Piktim?

(b) How do we reconcile this with the previous Beraisa, which obligates the purchaser to accept the Piktim?

(a) If someone deposited a barrel by his friend without designating a fixed location for it, and the barrel broke whilst he was moving it, what distinction does the Tana of our Mishnah make, depending upon why he was moving it? (b) What does he say in a case where it broke ...
  1. ... after he replaced it?
  2. ... either before or after he replaced it, if the owner designated a specific location?
(c) We establish the Reisha of the Mishnah, which exempts the Shomer from paying once he has replaced the article, like Rebbi Yishmael.
What does Rebbi Yishmael say in a Beraisa with regard to someone who stole a lamb from someone's flock or a Sela from someone's purse? What is the basis of this ruling?

(d) What Rebbi Akiva say?

(e) Why does the Tana of our Mishnah refer specifically to where the owner did not designate a location for the barrel?

Answers to questions

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