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Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 62

BAVA METZIA 62 (10 Shevat) - Dedicated by ýHagaon Rav Yosef Pearlman of London, England, in memory of his father in law, Harav Yeshayah ben Rav David Chaim Goldberg Z"L, who passed away on 10 Shevat 5738.


(a) Rebbi Elazar learns from "ve'Chei Achicha Imach" that Ribis Ketzutzah Yotz'ah be'Dayanim'.
What does Rebbi Yochanan learn from there?

(b) What did Pen Petura Darshen in a case where one of two travelers in a desert had a flask containing sufficient water for one?

(c) Based on the previous D'rashah, what did Rebbi Akiva rule?

(a) What do we infer from the Beraisa which exempts the sons from returning the Ribis that their father left them?

(b) This appears to clash with Rebbi Yochanan. To reconcile his opinion with the Beraisa, Rebbi Yochanan cites the Seifa of the Beraisa.
What does the Seifa say about a case where the father left Ribis consisting of a cow, a Tallis or anything specific?

(c) How does this answer the Kashya?

(a) What intrinsic problem do we have with the Seifa of the Beraisa? Why ought the heirs to be Patur?

(b) To answer this Kashya, we cite Rav Pinchas.
What does Rav Pinchas say?

(c) If, as Rav Pinchas maintains, the father did Teshuvah, how come that he still had the Ribis in his possession when he died? Why had he not returned it?

(a) What is the problem with the Beraisa 'ha'Gazlanim u'Malvei be'Ribis, Af-al-Pi she'Gavu Machzirin'?

(b) So how do we amend the Beraisa?

(c) How will Rebbi Yochanan (who holds that the creditor is not obligated to return the Ribis that he claimed) reconcile his opinion with the Beraisa?

(d) Rebbi Nechemyah and Rebbi Eliezer ben Ya'akov, in another Beraisa, exempt the creditor and the guarantor from Malkos because they have an Asei to fulfill.
Which Asei do we initially think the Tana is referring to?
From which Pasuk do we learn it?

(a) What will the Tana Kama (of the current Beraisa) then hold?

(b) We conclude however, that the Asei is to tear up the Sh'tar. Which La'av will the Tana then referring to?

(c) How does this Tana hold with regard to the question of whether 'Sh'tar ha'Omed Ligavos ke'Gavuy Dami' (a Kasher Sh'tar is considered as if it had already been claimed)?

(d) What is then the Chidush of the Beraisa? How do we prove it?

(e) How will Rebbi Yochanan now reconcile his opinion with the Tana of the Beraisa?

(a) What criterion does Rav Safra give for the creditor to be obligated to return the Ribis?

(b) How does Abaye query Rav Safra from 'Sa'ah be'Sa'ah'?

(c) How does Rav Safra explain this?

(a) Ravina asked Rav Ashi the same Kashya (as Abaye asked Rav Safra) from Mashkanta be'Lo Nachyasa, which the Nochrim force the debtor to pay, yet we do not obligate the creditor to return (because it is Avak Ribis).
What is a 'Mashkanta be'Lo Nachyasa'?

(b) What did Rav Ashi reply?

(c) So what is Rav Safra referring to when he says ...

  1. ... 'Kol she'Ilu be'Dineihem Motzi'in, be'Dineinu Machzirin'?
  2. ... 'Kol she'Ilu be'Dineihem Ein Motzi'in, be'Dineinu Ein Machzirin'?
(d) Like whom does Rav Safra hold?
Answers to questions



(a) We learned in our Mishnah that if Reuven owes Shimon wheat that he sold him for a Dinar Zahav, and the price rises to thirty Dinrim, he is forbidden to transfer the debt from wheat on to wine (even if the price of wine is already fixed).
What problem do we have with this?

(b) What does Rabah mean when, based on a Beraisa, he answers by establishing the Mishnah 'be'Ba La'chov bi'Demeihen'?

(c) Why does the Beraisa forbid it?

(d) What problem does Abaye have with Rabah's answer?

(a) So Abaye establishes our Mishnah like Rav Safra learned by Ribis de'Bei Rav.
What did he say in a case where Reuven lends Shimon a wheat worth a Manah instead of the Manah that he asked him for, which he then buys back from him for twenty-four Sela'im (because Shimon needs the money immediately)?

(b) Why is this not proper Ribis?

(c) What will be the equivalent case in our Mishnah?

(d) Why is this forbidden?

(a) Rava queries Abaye's explanation from various angles.
How does Abaye deal with Rava's Kashya as to why our Mishnah says ...
  1. ... 'Ten Li Chitai' (rather than 'D'mei Chitai)?
  2. ... '... she'Ani Rotzeh le'Mochran' (rather than 'she'Mechartim Li')?
(b) And how does he explain the Lashon 'Harei Chitech Asuyos Alai bi'Sheloshim Dinar', seeing as that is what they were worth to begin with?

(c) Rava finally refutes Abaye's explanation from the words 'be'Dinar Zahav ha'Kur, ve'Chein ha'Sha'ar'.
How does this disprove Abaye?

(d) What would be the problem in establishing Abaye's case when the market price was a Dinar Zahav to conform with our Mishnah?

Answers to questions

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