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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 58


(a) What does the Beraisa rule in a case where the Sheluchim who are carrying the town's Shekalim lose them or if the money is stolen? To whom must they swear (that they were not careless ...) ...
  1. ... if the Terumas ha'Lishkah *was* already collected?
  2. ... if it was *not*?
(b) What is the reason for the difference?

(c) What does this Tana rule in the event that the money is found or returned?

(a) In light of the P'tur of swearing to Hekdesh, how does Shmuel explain the Shevu'ah in the Reisha?

(b) Then what does the Tana mean when he says 'Nishba'in le'Gizbarin'?
Should he not rather have said 'Nishba'in li'B'nei ha'Ir'?

(c) What are the two possible reasons for this Shevu'ah?

(a) Shmuel concludes that the Sheluchim are Shomrei Sachar, as we explained. What is then the problem with the Shevu'ah?

(b) In order to answer this Kashya, how does Rabah interpret ...

  1. ... 'Nignevu'?
  2. ... 'Avdu'?
(c) In an attempt to resolve the current problem, Rebbi Yochanan tries to establish the Beraisa by a specific category of Kodshim, like Rebbi Shimon.
Which Rebbi Shimon? Which category of Kodshim?
(a) What problem do we have with Rebbi Yochanan's explanation from the Reisha 'Im Nisremah ha'Terumah ... ?

(b) This Kashya is based on the Mishnah in Shekalim 'Tormin al he'Avud ve'al ha'Gavuy'.
What is ...

  1. ... 'Avud'?
  2. ... 'Gavuy'?
(c) Which is the third case that is covered by the Terumas ha'Lishkah? How many times annually was the Terumas ha'Lishkah performed?

(d) So how does Rebbi Elazar finally establish the significance of this Shevu'ah?

(a) The Beraisa states that if the Gizbar of Hekdesh hired a Shomer to look after a cow, a child or seeds, the Shomer does not receive remuneration for Shabbos.
What are the ramifications of this ruling?

(b) What is the significance of guarding ...

  1. ... the cow? Which cow?
  2. ... the child?
  3. ... the barley (or wheat)-seeds?
(c) Under which circumstances will the guard get paid S'char Shabbos (and therefore be held responsible should anything happen on Shabbos)?
(a) Bearing in mind that the Tana is talking about Hekdesh, what did Rami bar Chama ask Rabah from the Seifa of the Beraisa 'Lefichach, Achrayus Shabbos Alav'?

(b) And what did he retort when, in reply, Rabah established the Shomer's obligation with regard to losing his wages (rather than an obligation to pay)? Why would Rabah's answer create a problem with the Reisha?

(c) Rabah was stymied.
How does Rami bar Chama deal with the problem? How might the Shomer be Chayav to pay, despite the fact that he was looking after Hekdesh?

(d) Which other great Amora holds like that too?

(a) A Beraisa expert quoted a Beraisa 'Kodshim she'Chayav be'Achriyusan, Chayav she'Ani Korei Bahen " ... ba'Hashem ve'Kichesh", she'Eino Chayav be'Achriyusan, Patur, she'Ani Korei Bahen "ba'Amiso ve'Kichesh".
What does the Torah actually write?

(b) According to this version, what does the Tana presume to be the cause of the Chiyuv, belonging to Hekdesh or belonging to a Hedyot?

(c) When Rebbi Yitzchak bar Aba's heard this version, what was his reaction ...

  1. ... to the text?
  2. ... to the presumption?
(d) His first remark was 'K'lapei Laya'.
What does this mean?

(e) And what did he reply, when the Beraisa expert suggested erasing the Beraisa?

Answers to questions



(a) Rebbi Yehudah in our Mishnah exempts a Sefer-Torah, animals and jewels from Ona'ah.
What reason does the Tana of the Beraisa attribute to Rebbi Yehudah's ruling with regard to ...
  1. ... a Sefer Torah?
  2. ... an animal and jewels?
(b) On what grounds do the Rabbanan argue with Rebbi Yehudah regarding the latter two?

(c) And how does Rebbi Yehudah counter this?

(d) What is the ceiling above which Rebbi Yehudah will concede that the above are liable to Ona'ah?

(a) Rebbi Yehudah ben Beseira adds (to Rebbi Yehudah's list) a horse, a sword and a Tittum (or T'ris) during war-time.
Why is that? What is a Tittum (or T'ris)?

(b) The Tana of our Mishnah equates Ona'as Devarim with Ona'as Mamon.
What is 'Ona'as Devarim'?

(c) How does one contravene Ona'as Devarim in the realm of buying and selling?

(d) Because it involves Ona'as Devarim, what should one not say to ...

  1. ... a Ba'al Teshuvah?
  2. ... a ben Geirim? From which Pasuk do we learn this?
(a) How does the Tana of the Beraisa know that the Pasuk in Behar "Lo Sonu Ish es Amiso" pertains to Ona'as Devarim (and not to Ona'as Mamon)?

(b) What does the Tana of the Beraisa forbid one to say ...

  1. ... to a Ger who now wants to study Torah?
  2. ... to a person who is suffering with an illness or who has lot children?
(c) Who did in fact say that to their friend?

(d) And what should Reuven not advise Shimon who asks him for wheat to go and do?

(a) Rebbi Yehudah adds that one should not examine an article as if he intends to purchase it, if in reality, he has no intention of doing so. What reason does the Tana finally give for the Torah inserting "ve'Yareisa me'Elokecha" in connection with "Lo Sonu"?

(b) What does Rebbi Yochanan in the name of Rebbi Shimon bar Yochai learn from the fact that the Torah writes it in connection with Ona'as Devarim, and not with Ona'as Mamon?

(c) Rebbi Elazar ascribes this to the fact that whereas the latter is only a monetary issue, the former is a personal one.
What third reason does Rav Shmuel bar Nachmeini give for it?

(a) To what does the Beraisa quoted by the Beraisa-expert compare someone who shames his fellow-Jew in public?

(b) How does he describe the act of 'shaming'?

(c) How does Rav Nachman bar Yitzchak corroborate this?

(a) Why were the B'nei Eretz Yisrael particularly careful not to shame one another?

(b) Who else, besides someone who committed adultery with a married woman, did they include in the list?

(c) Having already listed 'Malbin P'nei Chavero', why did the Tana need to add someone who calls his friend by a derogatory nickname?
Why does the former nor incorporate the latter?

Answers to questions

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