(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Bava Metzia 41

BAVA METZIA 41 (18 Teves) - Mrs. Estanne Abraham-Fawer has dedicated two weeks of learning to honor the second Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the merit of supporting and advancing the study of the Talmud be l'Iluy Nishmaso.


(a) We just established the Reisha of the Mishnah (which exempts the Shomer from paying once he has replaced the article) like Rebbi Yishmael, who holds 'Lo Ba'inan Da'as Ba'alim'.
Who is the author of the Seifa, which obligates the Shomer to pay even if the barrel broke after he returned it to its place?

(b) Then why does the Tana refer specifically to where the owner designated a location for the barrel?

(c) Is it acceptable to establish the Reisha of a Mishnah like one Tana, and the Seifa, like another?

(d) What did Rebbi Yochanan say about anyone who would explain our Mishnah like one Tana?

(a) Various Amora'im do succeed in establishing the Mishnah like one Tana, though they first argue over another issue, as we shall see.
How do they explain why the Shomer is Patur in the Reisha, but Chayav in the Seifa?

(b) Who is now the author of both the Reisha and the Seifa, according to them?

(c) Rebbi Ya'akov bar Aba established the Mishnah in front of Rav when the Shomer took the barrel with the intention of stealing it.
How did Rebbi Nasan bar Aba establish it?

(d) Why did Rebbi Ya'akov bar Aba not want to learn like his brother? What is the basis of their Machlokes?

(a) Rav Sheishes objects to the previous explanations on the grounds that they do not fit the Lashon used by the Mishnah.
What exactly, is his objection?

(b) So he explains that the Shomer simply moved the barrel from one location to another for the birds to alight on it.
On what principle is the Chiyuv in the Seifa based?

(c) In any event, he is Chayav in the Seifa, because he did not put it back in its correct place, even according to Rebbi Yishmael (as we explained).
Why does Rebbi Yochanan then have a problem with establishing the Mishnah like one Tana? What is wrong with Rev Sheishes' explanation according to him?

(a) What do we learn from the Pasuk in Mishpatim "u'Meis ... Shevu'as Hashem Tihyeh Bein Sheneihem Im Lo Shalach Yado bi'Meleches Re'eihu"?

(b) Rav and Levi argue over whether Shelichus Yad requires Chesaron or not. What are the ramifications of their Machlokes?

(c) The Beraisa exempts a shepherd who left his flock and went to town, if a wolf then came and was 'Toref', or a lion and was 'Do'res'.
What is the difference between 'Toref' and 'Do'res'?

(d) Why is he Patur?

(a) The Tana obligates the shepherd to pay however, if he placed his stick or his satchel on the sheep.
Why is he only Chayav as long as it is still on the animal, but not once he has removed them?

(b) How does Rav Shmuel bar Yitzchak Amar Rav resolve the problem that Shelichus Yad requires a Kinyan?

(c) How do we ...

  1. ... refute the proof from here that Rav is the one to hold 'Shelichus Yad Einah Tzerichah Chesaron'?
  2. ... prove that this alternative is in fact, the correct one?
(d) How do we know that the Chiyuv here is due to Shelichus Yad (which requires a Kinyan) and not to the fact that he is a Sho'el she'Lo mi'Da'as (which does not)?
Answers to questions



(a) Seeing as Rav is the one who holds 'Shelichus Yad Tzerichah Chesaron, Levi must hold ' ... Einah Tzerichah Chesaron'. Levi's reason is based on a statement of Rebbi Yochanan Mishum Rebbi Yossi ben Nahara'i.
Which Parshah is written first in the Torah, that of a Shomer Chinam, or that of a Shomer Sachar?

(b) What does "ve'Nikrav Ba'al ha'Bayis el ha'Elokim" (written in the first Parshah with regard to an O'nes that occurred) denote? Why, following an O'nes, does the Shomer Chinam need to approach the judge?

(c) What does Rebbi Yossi ben Nahara'i mean when he says that the Shelichus Yad mentioned by a Shomer Sachar is different than the Shelichus Yad mentioned by a Shomer Chinam?

(d) What does Rebbi Yochanan (who first quoted him) hold personally?

(a) Rebbi Yochanan holds like his Talmid, Rebbi Elazar.
What does Rebbi Elazar say with regard to the Shelichus Yad of a Shomer Chinam and of a Shomer Sachar?

(b) On what grounds do they disagree with Rebbi Yossi ben Nahara'i? What is the 'Pircha' on the 'Kal va'Chomer'?

(c) And what does Rebbi Yossi ben Nahara'i say to that?

(a) Rava disagrees with both of the previous interpretations. He maintains that the Shelichus Yad of both a Shomer Chinam and a Shomer Sachar do not need to be written.
How does he learn them both from a Sho'el?

(b) One of the Pesukim, he therefore concludes, comes to teach us 'Shelichus Yad Einah Tzerichah Chesaron' (like Levi).
What does he learn from the other one? What leniency might we otherwise have learned from a Sho'el?

(c) Rav and Rebbi Yochanan agree with Rava's latter D'rashah.
Seeing however, as they hold 'Shelichus Yad Tzerichah Chesaron', what do they learn from the other 'Shelichus Yad'?

Answers to questions

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,