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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 69


(a) What did Rava comment about a Sh'tar Iska that someone produced against the sons of Rav Ilish, on which it was stated that the owner accepted half the gains and half the losses? What was the problem with that?

(b) Two options would have been open to Rav Ilish. Either the owner would have had to accept two thirds of the losses alongside one half of the gains.
What is the other option?

(a) When Rav Kahana related this episode to Rav Z'vid from Neherda'a, what did the latter suggest that Rav Ilish probably did?

(b) On what grounds did the Chachamim reject Rav Z'vid's interpretation, which was based on Rav Nachman's statement ('Halachah ke'Rebbi Yehudah, ve'Halachah ke'Rebbi Yossi b'Rebbi Yehudah ... ')? How did they reinterpret Rav Nachman's statement?

(c) Based on the wording that Rav Nachman used, how did they prove that this must have been what he meant?

(a) What does Rav mean when he permits an Iska where the owner stipulates 'Moser Shelish'? Why is that?

(b) What does Shmuel say?

(c) What did Rav mean when he said 'Resh Egla le'Pituma'? Why do we initially think that this contradicts his previous statement?

(d) But we conclude that what Rav meant was that 'Resh Egla le'Pituma' is an alternative to Moser Shelish.
What is the alternative answer? How might we establish 'Moser Shelish', so as not to clash with Shmuel?

(e) On what popular adage is this answer based?

(a) When Rebbi Elazar from Hagrunya purchased an animal, and arranged an Iska with someone for half the profit and half the losses, what did he pay him to avoid Ribis?

(b) Why did the Mekabel's wife advise her husband to buy half the animal from Rebbi Elazar? What did she expect him to gain by doing so?

(c) What disappointment awaited him after he listened to her?

(d) To what did Rebbi Elazar attribute the fact that ...

  1. ... the Mekabel was receiving less than before?
  2. ... the latter was exerting himself to look after Rebbi Elazar's half of the animal without getting paid for it (though they would have shared the feeding expenses, had there been any)?
(a) How long does Sumchus in a Beraisa obligate the Mekabel in an Iska to look after ...
  1. ... an ass?
  2. ... a small animal (e.g. a sheep)?
(b) What are the ramifications of this ruling?

(c) What does the Tana mean when he adds 'Aval Eino Domeh Tipulah shel Shanah Rishonah ... '? How do we translate 'Aval'?

(d) We suggest that it might be the Mekabel who has the right to prevent the owner from selling at the end of the first year, because the second year is easier than the first.
On what grounds do we refute this suggestion?

(a) What Shiur Tipul does another Beraisa give for looking after the newborn babies of ...
  1. ... small animals?
  2. ... of large animals (such as cows)?
(b) From where do we learn this distinction?

(c) Rebbi Yossi obligates the Mekabel to look after the babies of small animals for three months, because they have small teeth.
So what if they do?

(d) From then on, the Mekabel receives half the gains, because half of the babies are his.
What does he receive ...

  1. ... out of the other half?
  2. ... as payment for the trouble of looking after the other half and the food?
(a) When Rav Menasheh bar Gada (who was the Mekabel) took for himself half the babies that were born from an Iska (from his half), plus half of those that were born from his partner's half, Abaye raised the objection 'Ma'an Palag Lach'.
What did he mean by that?

(b) What other objection did he raise?

(c) What did Rav Papa rule when ...

  1. ... one year, one of two Kuta'i partners who had entered into an Iska, divided the money without his partner's consent, and his partner complained?
  2. ... the following year when the other partner got up and divided the wine that they had purchased with the proceeds, without his partner's consent?
(d) What did Rav Papa decide to do, when the first partner smugly commented that Rav Papa favored him every time?

(e) What exactly did he tell him?

Answers to questions



(a) We just cited Rav Nachman, who stated 'Zuzi ke'Ma'an de'Palig Dami'.
How do we qualify Rav Nachman's statement?

(b) What did Rav Chama used to do with his coins?

(c) Why did he lose all his money?

(d) What are the two differences between renting a spade and renting money (that render the latter Ribis, but not the former)?

(a) On what grounds did Rava issue a ruling permitting Reuven to give Shimon four Zuz ...
  1. ... to induce him to lend Levi a sum of money? Why is this not Ribis?
  2. ... to induce him to ask Levi to lend him (Reuven) a sum of money?
(b) Why did the wax-merchants used to give Aba Mar bar Papa small wax Challos?

(c) What did his father (Rav Papa) retort when the Rabbanan complained that his son was accepting Ribis?

(a) What does our Mishnah say about entering into an Iska regarding a cow or a donkey, or anything which works and eats?

(b) We have already learned that one follows the local custom whether to divide the newborn babies immediately or to wait until they are fully grown. What does Raban Shimon ben Gamliel then say about entering into an Iska regarding a calf or a filly together with its mother?

(c) The Tana concludes 'Mafriz al Sadeihu, ve'Eino Choshesh Mishum Ribis' (which will be explained shortly).
'*Mafriz* al Sadeihu' means to widen one's field' (from the Lashon 'Arei ha'P'razos', meaning open cities, without borders).
How else might this be read?

(a) What is the case of ...
  1. ... 'Mafriz al ha'Sadeh'?
  2. ... 'Mafriz al ha'Chanus' and 'Mafriz al ha'Sefinah', which the Beraisa forbids?
(b) What is the basic difference between 'Mafriz al ha'Sadeh', which is permitted, and 'Mafriz al ha'Chanus ve'al ha'Sefinah', which is forbidden?

(c) According to Rav Nachman Amar Rabah bar Avuhah, even the Tana will agree that sometimes, 'Mafriz al ha'Chanus ve'al ha'Sefinah' are permitted too. When is that?

(a) Rav said 'Agra u'Pagra'.
What does he mean by that?

(b) What did Rav Kahana and Rav Asi mean when they objected 'I Agra Lo Pagra, I Pagra Lo Agra!'? Why is that?

(c) What was Rav's reaction to Rav Kahana and Rav Asi's Kashya?

(d) What did Rav Sheishes comment on Rav's silence?

(a) Although the Tana of the Beraisa permits Kabalas Tzon Barzel from a Nochri, he forbids it from a Yisrael.
What are 'Tzon Barzel'? Why are they called by that name?

(b) Why is Kabalas Tzon Barzel from a Yisrael prohibited?

(c) The Beraisa then permits Reuven to rent a cow to Shimon which he assesses at thirty Dinar, for a Sela per month.
Seeing as Reuven assessed the animal's value, what does the Tana mean when he adds 'L'fi she'Lo As'ah Damim'?

(d) What does Rav Sheishes prove from this Beraisa?

(a) Rav Papa ruled that regarding a boat, 'Agra u'Pagra' is permitted.
What did he add about the Minhag of the B'nei Kufra? Who were the 'B'nei Kufra'?

(b) What do we mean when we ask 'Atu be'Minhaga Talya Milsa'?

(c) What do we answer?

Answers to questions

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