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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 43


(a) The Tana of of our Mishnah forbids a banker to use money that is handed to him wrapped.
What leniency results from this Halachah?

(b) What will be the equivalent Din if the money is handed to him loose?

(c) And what will the Din be in the equivalent cases if the money is handed to a Balabos (a Shomer) for safekeeping?

(d) According to Rebbi Meir, a storekeeper has the same Din as a Shomer. What does Rebbi Yehudah say?

(a) What problem do we have with the prohibition of a banker to use money that is given to him wrapped?

(b) Rav Asi Amar Rav Yehudah answers that the money is not only wrapped, but sealed as well.
What does Rav Mari say?

(c) Others present 'Kesher Meshuneh' as a She'eilah.
How do we resolve it?

(a) According to Rav Huna, 'Mutarin, Yishtamesh Bahen. Leficach, Im Avdu, Chayav be'Achriyusan', incorporates Ne'ensu, and he interprets 'Avdu' like Rabah.
How does Rabah sometimes interpret ...
  1. ... Geneivah?
  2. ... Aveidah?
(b) In the previous case, is Rav Huna speaking specifically when the banker used the money, or even if he did not?

(c) Rav Nachman exempts him from Onsin.
What is the basis of their Machlokes?

(d) Seeing as he has not used the money, why is the banker even a Shomer Sachar?

(a) On what grounds does the Beraisa exempt the treasurer of Hekdesh from Me'ilah, if he deposits wrapped Hekdesh money which he thinks is his, with someone who subsequently spends it?

(b) What does the Tana say in the equivalent case, but where the treasurer handed him loose money?

(c) Rav Nachman asked Rav Huna why, in the Seifa, the Tana needs to add the clause that the Shomer spent the money, seeing as, in his (Rav Huna's) opinion, he would be Chayav even if he didn't.
What did Rav Huna reply?

(a) Beis Shamai say that once a Shomer uses a Pikadon, 'Yilakeh be'Chaser u've'Yeser'.
What do they mean by ...
  1. ... 'be'Chaser'?
  2. ... 'be'Yeser'?
(b) In which case will the Shomer not have to pay for the decrease in price?

(c) According to Beis Hillel, the Shomer pays 'ke'Sha'as Hotza'ah'.
What does Rebbi Akiva say?

(a) Rabah (or Rava) rules that if someone steals a barrel of wine worth a Zuz and it breaks after the price went up to four Zuzim, he pays one Zuz. How much must he pay, if he actually breaks the barrel or drinks the wine after the value increased? Why is that?

(b) Then why, in the first case, does he only pay one Zuz?

(c) Assuming that Beis Hillel in our Mishnah ('ke'Sha'as Hotza'ah') means at the time when it is destroyed, why can they not be referring to the 'be'Chaser' of Beis Shamai?

(d) So we reassume that they refer to 'be'Yeser'.
What problem does that pose on Rabah (or Rava), if 'ke'Sha'as Hotza'ah' refers to the lower price of the Pikadon at the time when the Shomer received it from the owner?

Answers to questions



(a) So we revert to the first assumption (that Beis Hillel argues with Beis Shamai by 'be'Chaser'.
Why then, do they rule 'ke'Sha'as Hotza'ah (min ha'Olam)? Do they not hold of the principle 'Kol ha'Gazlanim ... '?

(b) How will they then hold in a case of 'be'Yeser'?

(c) What Kashya does this pose on Rava? What does Rava with regard to 'Shelichus Yad'?

(a) So we try to establish the Machlokes when the Shomer borrowed the object without permission, and Beis Shamai and Beis Hillel argue about 'Sho'el she'Lo mi'Da'as'.
What does each Tana hold?

(b) Why is this too, a Kashya on Rava? What does Rava say about a 'Sho'el she'Lo mi'Da'as'?

(a) We finally conclude that Beis Shamai and Beis Hillel are not arguing about a value increase or decrease at all.
Then what are they arguing about? What does 'Yeser' mean?

(b) In fact, Beis Shamai holds like Rebbi Meir in a Beraisa, and Beis Hillel, like Rebbi Yehudah, where they discuss a case where someone who stole a sheep which he shore or which gave birth to babies.
What does ...

  1. ... Rebbi Meir say there?
  2. ... Rebbi Yehudah say?
(c) How do we prove this explanation from the Lashon 'Chaser ve'Yeser'?
(a) Rav Yehudah Amar Shmuel rules like Rebbi Akiva, who says in our Mishnah that how the Shomer pays if he uses the article, will depend upon its value at the time of going to Beis-Din.
From which Pasuk does he learn this?

(b) Then why will the Din differ if witnesses testify that he used it and who know how much the article cost at that time?

(c) Rav Oshaya queried Rav Yehudah on this point however, from Rebbi Asi Amar Rebbi Yochanan.
How does Rebbi Asi explain the Pasuk " ... be'Yom Ashmaso"?

(d) What request did Rebbi Zeira make of Rebbi Aba bar Papa when the latter would go to Eretz Yisrael? Why did he ask him to take the long route through 'Sulma de'Tzur'?

(a) Rebbi Aba bar Papa brought back the reply that Rebbi Yochanan had indeed ruled 'Halachah ke'Rebbi Akiva ... '.
Which additional word had he heard from Rebbi Ya'akov bar Idi?

(b) How do we initially interpret 'Le'olam'?

(c) It might also come to preclude from Rebbi Yishmael (whom we discussed earlier in the Perek).
What does this mean? What does Rebbi Yishmael say?

(d) Rava disagrees with Rav Yehudah Amar Shmuel and with Rebbi Yochanan. Like which Tana does Rava rule?

(a) Beis Shamai in our Mishnah considers a Shomer a Shole'ach Yad with Machshavah alone.
What does Machshavah mean?

(b) What do Beis Hillel learn from the Pasuk in Mishpatim "Im Lo Shalach Yado bi'Meleches Re'eihu"?

(c) If, after the Shomer tilts the barrel of wine he is looking after and helps himself to a Revi'is of wine, the barrel breaks be'O'nes, the Tana obligates him to pay only for the Revi'is.
Why is he not a Shole'ach Yad, who pays for the entire barrel?

(d) In which case would he have to pay for the entire barrel? How does he become a Shole'ach Yad?

Answers to questions

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