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Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 51

BAVA METZIA 51-55 - Mrs. Estanne Abraham-Fawer has dedicated two weeks of Dafyomi study material 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) Why was Rami bar Chana's innkeeper sad?

(b) Why did he decline to retract, when Rami bar Chama advised him to do so?

(c) So Rami bar Chama sent him to Rav Nachman.
What did *he* rule?

(d) When might the seller discover his mistake? Will it affect the Halachah if he does?

(a) How much was that man asking for silk belts that were worth five Zuzim, and how much was he willing to accept?

(b) By what logic did someone purchase them for six Zuzim rather than five and a half?

(c) When they came before Rav Chisda, what did he rule?

(d) Why is there no Ona'ah with regard to someone who buys from a Balabos?

(a) Following a similar incident where a man purchased rings worth fifty Zuzim for sixty, Rav Chisda sent him away disappointed, just like he did in the previous case.
What did Rav Dimi and Rebbi Elazar comment on Rav Chisda's ruling?

(b) How did Rav Chisda reconcile his rulings with the folllowing Mishnah, which specifically includes what a Balabos sells in the Din of Ona'ah? What are Tzadraysa?

(c) Our Mishnah includes the seller in the Din of Ona'ah as well as the purchaser, and a merchant who is cheated as well as a Balabos.
What does Rebbi Yehudah say?

(d) We already learned above from "ve'Chi Simkeru ... O Kanoh ... Al Tonu" that both the seller and the buyer are subject to the La'av of "Al Tonu".
Having taught us that ...

  1. ... the seller transgresses, why does the Torah need to teach us that the buyer transgresses too?
  2. ... the buyer transgresses, why does the Torah need to teach us that the seller transgresses too?
(a) We learned in our Mishnah that according to Rebbi Yehudah, there is no Ona'ah by a merchant.
What is the problem with this statement?

(b) Rav Nachman establishes Rebbi Yehudah by a Safsar.
What is a 'Safsar'?
What is then Rebbi Yehudah's reason?

(c) Rav Ashi disagrees.
What does he mean when he interprets 'Ein Lo Ona'ah' to mean 'Eino be'Toras Ona'ah'?

(d) We would normally rule like Rav Ashi, because he is a later Amora.
Why not in this case?

(a) What does the Tana say about the purchaser who has been cheated?

(b) This does not concur with Rebbi Nasan in the Beraisa (quoted on the previous Amud), who holds 'Kanah u'Machzir Ona'ah'.
Why does it also not appear to concur with Rebbi Yehudah ha'Nasi opinion there?

(c) Rebbi Elazar is at a loss to know who the author of our Mishnah is.
How does Rabah amend Rebbi Nasan in the Beraisa, in order to conform with our Mishnah?

(d) Rava establishes our Mishnah like Rebbi Yehudah ha'Nasi, and the Beraisa, he says, simply complements the missing section in our Mishnah. How does Rav Ashi prove this from our Mishnah?

(a) According to Rav, if Reuven sells Shimon an object adding 'al-M'nas she'Ein Lecha Alai Ona'ah', his stipulation is void.
What does Shmuel say?

(b) We try and connect this Machlokes with the Machlokes Tana'im. Rebbi Meir in a Beraisa, says that if a man betroths a woman 'al-M'nas she'Ein Lach Alai She'er, K'sus ve'Ona'ah', his stipulation is void.
Why is that?

(c) Rebbi Yehudah accepts 'Davar she'be'Mamon'.
Why? Which of the above does Davar she'be'Mamon' constitute?

(d) It seems that Rav holds like Rebbi Meir, and Shmuel, like Rebbi Yehudah. How do we establish ...

  1. ... Rav even like Rebbi Yehudah? Why might the latter agree in Rav's case?
  2. ... Shmuel even like Rebbi Meir? Why might the latter agree in Shmuel's case?
Answers to questions



(a) Rav Anan qualifies Shmuel's ruling.
What distinction does he make between 'al-M'nas she'Ein Lecha Alai Ona'ah' and 'al-M'nas she'Ein Bo Ona'ah? In which of these cases would his condition be invalid?

(b) Why is that?

(c) Which of the three Dinim would then apply, Mechilah Bitul Mekach or Ona'ah?

(a) We learned in a Beraisa 'ha'Nosei ve'ha'Nosen ba'Amanah, ve'ha'Omer la'Chavero al-M'nas she'Ein Lecha Alai Ona'ah, Ein Lo Alav Ona'ah'.
What does 'ha'Nosei ve'ha'Nosen ba'Amanah' mean?

(b) What is the Tana teaching us?

(c) Why does the second case in the Beraisa pose a Kashya on Rav?

(d) How does Abaye answer the Kashya?

(a) Rava abides by the alternative explanation (that Rav and Shmuel are not subject to the opinions of Rebbi Meir and Rebbi Yehudah).
How does he nevertheless reconcile the Beraisa with Rav"? In which case will Rav concede that his stipulation stands?

(b) Does this distinction apply to the purchaser too, or is it confined to the seller?

(a) If Reuven gives Shimon two sets of wine ba'Amanah, one a good quality wine, and one of poor quality, what condition does the Tana of the Beraisa forbid him to make? Why is that?

(b) What *may* he stipulate?

(c) And he is obligated to deduct the S'char Kataf and S'char Gamal.
What is ...

  1. ... 'S'char Kataf'?
  2. ... 'S'char Gamal'?
(d) What else is he obligated to pay him?
(a) Why will there be no problem regarding Ribis if Shimon does not receive part of the profits?

(b) How much would Tzadru'i, for example, get paid for their services? What are 'Tzadru'i'?

(a) Our Mishnah now discusses the Shiur of Ona'ah regarding coins. There are four Dinrim in a Sela, and six Ma'ah in a Dinar.
How many Pundeyonim are there is a Ma'ah?

(b) And how many Isrin are there in ...

  1. ... a Pundiyon?
  2. ... a Sela?
(c) According to Rebbi Meir, a deficient Sela is not considered Ona'ah up to four Isrin (one Isar per Dinar).
What fraction of the coin is that?

(d) Up to how much is it not considered Ona'ah according to ...

  1. ... Rebbi Yehudah?
  2. ... Rebbi Shimon?
(a) In town, the seller is permitted to retract up to the time it takes to show the coin to a banker.
What is the Shiur in the village?

(b) What does the Tana say about a deficient coin which the seller returns, provided the purchaser recognizes it? How long after the sale should he accept it?

(c) What does the Tana say with regard to using a deficient coin to redeem Ma'aser Sheini?

(d) And what does the Tana mean when he permits its use on the grounds 've'Eino Choshesh, *she'Eino Ela Nefesh Ra'ah'* (though the connection will be explained later)?

Answers to questions

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