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Bava Metzia 49

BAVA METZIA 49 - dedicated to the memory of Chana Elka Krieger, Z"L (Yahrzeit: 27 Teves) "Eshes Chaver" to Hagaon Rav Yisrael Avraham Abba Krieger (Rabbi in Russia and in Boston, Talmid of Hagaon Rav Yehoshua Leib Diskin and author of Yad Yisrael on the Rambam and other Sefarim). Dedicated by their son, Benayahu Krieger (presently of Yerushalayim).


(a) What did Rav instruct Rav Kahana, who wanted to retract from the sale of flax for which he had already received a down-payment, because the price of flax had gone up?

(b) We already know that, according to Rav, there is no 'Mi she'Para' on the half that has not been paid for.
What reason does he add here in permitting Rav Kahanan to retract Lechatchilah?

(c) What does Rebbi Yochanan say?

(a) We ask on Rav from Rebbi Yossi b'Rebbi Yehudah.
What does the latter Darshen in a Beraisa from the Pasuk in Ki Seitzei "Eifas Tzedek ve'Hin Tzedek"? Why does the Torah need to add "Hin Tzedek" after "Eifas Tzedek"?

(b) How many Hin are there in an Eifah?

(c) How does Abaye reconcile Rav (who holds that words alone do not constitute a breach of contract) with ...

  1. ... this Beraisa?
  2. ... Rebbi Shimon, who specifically states that even where 'Mi she'Para' does not apply, the Chachamim are displeased with someone who retracts?
(a) Thinking that here we have a Tana who supports Rav, we cite the Mishnah in 'ha'Socher es ha'Po'alim'.
On what grounds did Rebbi Masya object when his son Rebbi Yochanan hired workers and promised to feed them? What did he therefore instruct him to do?

(b) How does this seem to corroborate Rav's opinion?

(c) Why is there in fact, no proof from here?

(d) If the workers did not rely on Rebbi Yochanan anyway, why could he not retract even after they had begun to work?

(a) What did Rabah bar bar Chanah mean when he said that if Reuven promises to give Shimon a gift, he can retract?

(b) How does Rav Papa reconcile this with Rebbi Yochanan, who said earlier that words alone are considered a breach of contract?

(c) And he proves this from another statement of Rebbi Yochanan.
What does Rebbi Avahu Amar Rebbi Yochanan say about a case where a Yisrael promises to give a ben Levi a Kur of Ma'aser?

(d) How do we know that this is speaking about a small gift and not a large one?

(a) How do we attempt to establish this latter statement , in order to reject the above proof?

(b) How do we refute this suggestion from the second part of Rebbi Yochanan's statement, which states that (in spite of the first part of his statement) should the Yisrael subsequently give the Ma'aser to another Levi, the first Levi has nothing more than complaints on the Yisrael (but no monetary claim)?

(a) What did Shimon reply when Reuven asked him for the sesame-seeds for which he had already paid, and which had gone up in price?

(b) What happened to the money after Reuven refused to take it back?

(c) What did Rava rule in the matter? Was Shimon liable for ...

  1. ... Geneivah va'Aveidah?
  2. ... Peshi'ah?
(d) The Rabbanan asked him about a 'Mi she'Para.
What did he answer?
(a) Rav Papi quoted Ravina regarding the above episode.
What did Ravina tell him with regar a certain Chacham whose name was either Rav Tavos or Rav Tivyumi?

(b) According to the Chacham's version, what did he reply ...

  1. ... when a man came to purchase some sesame seeds from him one Erev Shabbos afternoon?
  2. ... when he asked whether he could leave his money with him? Why did he ask him that?
(c) What did Rava rule when the money was stolen?

(d) What did that Chacham reply when Ravina queried his version of the story on the basis of the Rabbanan's She'eilah whether he was not obligated to accept a 'Mi she'Para' (which made no sense according to that version)?

Answers to questions



(a) We learned in our Mishnah that according to Rebbi Shimon, whoever has the money has the upperhand and is permitted to retract.
What does the Tana of the Beraisa mean when, explaining Rebbi Shimon's statement, he says that if the seller has the money, and the buyer, the fruit, the buyer cannot retract because *he has the money*?

(b) What is the problem with this?

(c) Rava answers by establishing the Mishnah when the attic that contains the wheat belongs to the purchaser but has been rented to the seller.
How does this answer the Kashya?

(d) Why can Rava not mean that the purchaser's Chatzer acquired the wheat on his behalf?

(a) Why did that man wish to retract from the purchase of the donkey for which he had already paid?

(b) Why might we have thought that he would be forbidden to do so?

(c) What did Rav Chisda rule?

(a) Our Mishnah now opens the Sugya of Ona'ah.
How many Ma'ah are there in a Sela?

(b) How many Ma'ah will then constitute Ona'ah in a sale of an article worth a Sela?

(c) Until when is the buyer permitted to retract? Why does the Tana use the Lashon 'permitted'?

(d) What did Rebbi Tarfon rule that made the merchants of Lud ...

  1. ... happy and decide to follow his ruling? Why was that?
  2. ... reconsider their initial elation and revert to the ruling of the Chachamim?
(a) Ona'ah applies when the excess charge is exactly one sixth.
What will be the Din in a case where the seller charges ...
  1. ... Ona'ah?
  2. ... more than a sixth in excess of the fixed price?
  3. ... less than a sixth more?
(b) Rav explains 'Sh'tus Mekach' in our Mishnah literally (a sixth of the article).
What does Shmuel say?

(c) According to Rav, how will we classify the sale of an article worth ...

  1. ... six Dinrim for seven (by the seller) or for five (by the purchaser)?
  2. ... five Dinrim for six (by the seller)?
  3. ... seven Dinrim for six (by the purchaser)?
(a) In which cases will Shmuel argue with Rav?

(b) How will Shmuel then define Bitul Mekach and Mechilah?

(c) How do we initially interpret our Mishnah 'ha'Ona'ah Arba'ah Kesef me'Esrim ve'Arba'ah Kesef le'Sela'?

(d) What does this prove?

(a) How do we initially interpret 'ha'Ona'ah Arba'ah Kesef me'Esrim ve'Arba'ah Kesef le'Sela' according to Rav? Who will then have been cheated?

(b) We learned in the Seifa of our Mishnah that the time-limit for the purchaser to retract is the time it takes for him to show the purchased article to a merchant or to a family member.
What is the time limit for the seller?

(c) What Kashya does this pose on Rav?

(d) So how does Rav finally interpret ...

  1. ... 'ha'Ona'ah Arba'ah Kesef me'Esrim ve'Arba'ah Kesef le'Sela'?
  2. ... the Seifa 'Horeh Rebbi Tarfon be'Lud, ha'Ona'ah Shemoneh Kesef me'Esrim ve'Arba'ah Kesef le'Sela'?
(a) What does the Tana in a Beraisa say about someone who sold an article worth ...
  1. ... five Dinrim for six?
  2. ... six Dinrim for five?
(b) What does this Beraisa prove?
Answers to questions

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