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Bava Metzia 42

BAVA METZIA 42 (19 Teves) - has been dedicated to the memory of Hagaon Rav Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad Yisrael (on Rambam) and many other Sefarim, by his son, Benayahu Krieger.

1) We already discussed (earlier in the Perek) our Mishnah 'ha'Mafkid Ma'os Eitzel Chaveiro, ve'Tzareran ve'Hifshilan la'Achorav ... '.
What does the Mishnah conclude regarding a Shomer who guarded the Pikadon in the regular way?


(a) How does Rebbi Yitzchak explain the Pasuk in Re'ei (in connection with Ma'aser Sheini money) "ve'Tzarta ha'Kesef *be'Yadcha*" ...
  1. ... literally?
  2. ... metaphorically?
(b) How does Rebbi Yitzchak advise a person to invest his money?

(c) And what does he learn from the Pasuk in Re'ei "Yetzav Hashem Itcha es ha'B'rachah *ba'Asamecha*"?

(d) How does Tana de'Bei Rebbi Yishmael explain the same Pasuk?

(a) The Beraisa instructs someone who goes to measure the grain in his granary (in order to Ma'aser it), to pray that Hashem sends a blessing to those crops.
What should he say as he begins to measure it?

(b) What is the value of a B'rachah that he recites after having measured his crops?

(c) Which three things does 'Ein ha'B'rachah Metzuyah Ela be'Davar ha'Samuy min ha'Ayin' incorporate?

(a) What does Shmuel say about safekeeping money that one is not transporting?

(b) When will Shmuel agree that this is not necessary?

(c) Will he then be held liable on Motza'ei Shabbos, should anything happen to the money that he hid on Friday late afternoon?

(d) When will he be Patur even after that time lapse on Motza'ei Shabbos?

(a) What did Rava institute, after they discovered ...
  1. ... Geshusha'i (who would poke the earth with metal spit-rods to find out whether money was hidden there) at work?
  2. ... F'ruma'i (ceiling-breakers)?
  3. ... T'fucha'i (wall-tappers)?
(b) What Shiur does Raban Shimon ben Gamliel give to exempt the owner of Chametz from searching for Chametz on top of which a wall collapsed?

(c) Why would that depth not be necessary in the case of hiding money (according to Shmuel)?

(d) Then how deep in the ground does Shmuel require the money to be?

(a) What happened to the money that a Shomer had been given for safekeeping and which he hid in a hunter's hut?

(b) Considering that the hunter's hut was a good Shemirah against thieves, why did Rav Yosef obligate the Shomer to pay?

(c) Others say that he exempted him from paying.
What is the Halachah?

(d) What did Rava rule when a Shomer claimed that he could not remember where he placed the money that someone gave him for safekeeping?

Answers to questions



(a) What happened to the money that the Shomer to whom it was given for safekeeping gave to his mother?

(b) Why did Rava not consider ...

  1. ... the Shomer liable for giving the money to his mother?
  2. ... the mother liable for placing the money in a box rather than in the ground?
  3. ... the Shomer liable for not informing his mother that the money was not his?
(c) What *did* Rava therefore rule?
(a) What happened to the cow that a certain Apotropus purchased on behalf of Yesomim?

(b) This time it was Rami bar Chama who was in a quandary.
Why did he not consider ...

  1. ... the Apotropus liable?
  2. ... the cowhand liable?
(c) Why would the cowhand have been liable had the Yesomim sustained a loss?

(d) How come that they did not sustain a loss?

(a) In that case, who was the claimant? Why could it not have been the original owner?

(b) What was he claiming?

(c) What did Rami bar Chama rule?

(d) How much is 'D'mei Basar be'Zol'?

(a) Seeing as the cowhand was not the Shomer of the middle-man, on what grounds was he obligated to pay him? Why could he not refuse to deal with him?

(b) How much would the cowhand have had to pay to the Yesomim had they sustained a loss?

(c) Why the difference between the two cases?

(a) What happened when Reuven handed Shimon a pile of hops to look after, and Shimon instructed his servant to fetch him some hops from his own pile?

(b) Why did Rav Amram not obligate ...

  1. ... Shimon to pay?
  2. ... the servant?
(c) In which case would Rav Amram have held Shimon liable?
(a) What problem do we have with the fact that, when all's said and done, Shimon benefited from Reuven's hops? So what if he did?

(b) Rav Sama B'rei de'Rava answers that the beer that he made with the hops turned sour, so that he derived no benefit from the hops at all.
How does Rav Ashi answer the Kashya?

Answers to questions

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