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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 78

BAVA METZIA 76-79 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) What do we say with regard to someone who sells a big field because he cannot find purchasers for the small field that he was trying to sell, if he subsequently pesters the purchaser for the money?

(b) What Safek do we have in a similar case, but where we assess that he could have sold the small field had he exerted himself?

(c) What is the outcome of the She'eilah?

(a) We learned in our Mishnah that, in a case of Davar ha'Avud, if the workers retracted, 'Socher Aleihen ... '.
Up to how much does Rav Nachman permit the employer to hire new workers on their account?

(b) When Rava queried Rav Nachman from the Beraisa that we cited above, which permits him to pay as much as forty or fifty Zuz, what did he reply?
How did he reconcile his statement with the Beraisa?

(a) What does our Mishnah say about someone who hires a donkey to take to the mountains, and in violation of the agreement, he takes it to the valley, or vice-versa, and it dies? Does it make any difference if the distances are the same?

(b) The Tana then seems to repeat the same cases, making a distinction between whether the donkey died from overheating or because it slipped. When will he be Chayav and when will he be Patur, if he changed and took it ...

  1. ... to the mountains?
  2. ... to the valley?
(c) When will he be Chayav for taking the animal into the mountains, even if it died because of the heat?

(d) And what does the Tana say about someone who hires a donkey and ...

  1. ... 'Hivrikah (which will be explained later) O Na'asis Angaryah'? What does 'Na'asis Angaryah' mean?
  2. ... and it dies?
(a) In view of the Seifa of our Mishnah, which distinguishes between whether the donkey died from overheating or from slipping, de'Bei Rebbi Yanai explains the Reisha, which obligates the hirer who violated his agreement and took the donkey into the mountains or into the valley S'tam, when the animal died because of the air of either place, to which it was not accustomed. Rebbi Yossi b'Rebbi Chanina attributes it to 'Uvtzena'.
What is Uvtzena'?

(b) According to Rebbi Yochanan, the Reisha and the Seifa constitute a Machlokes Tana'im. The author of the Reisha, which does not differentiate between overheating and slipping, is Rebbi Meir.
What does Rebbi Meir say with regard to someone who deviates from the instructions of the owner?

(c) Rabah gives a fourth answer to the Kashya.
How does he establish both the Reisha and the Seifa?

Answers to questions


5) We just cited Rebbi Yochanan, who establishes the author of the Reisha of the Beraisa as Rebbi Meir, who holds that someone who deviates from the instructions of the owner, is called a Gazlan (and is therefore liable, even for Onsin).
Why might this not refer to the Mishnah in Bava Kama, where Rebbi Meir says that if a dyer dyes red the wool that he was given to dye black or vice-versa, he must pay for the wool?


(a) What does the Tana of the Beraisa mean, when he says ...
  1. ... 'Mageves Purim le'Purim'?
  2. ... 've'Ein Medakdekin be'Davar'?
(b) What does he say about money that is claimed for the poor of a specific town?

(c) And what happens to any excess Purim money or food that is left?

(d) Rebbi Eliezer forbids the money for Purim to be used even to purchase a shoelace for a poor man.
On what condition does he nevertheless permit it?

(a) What does Raban Shimon ben Gamliel hold?

(b) Who is it who quotes Rebbi Eliezer, and what do we try to prove from there?

(c) On what grounds do we refute this proof, too?

(a) We finally cite Rebbi Meir in another Beraisa.
What does Rebbi Shimon ben Elazar say in the name of Rebbi Meir about someone who donates a Dinar to a poor man, stipulating that he buys himself a shirt or a cloak?

(b) How do we know that Rebbi Meir's reason is not to avoid suspicion falling on the donor that he promised but failed to keep his word?

(a) We learned in our Mishnah 'ha'Socher es ha'Chamor ve'Hivrikah, Omer Lo Harei she'Lecha Lefanecha'. According to some, 've'Hivrikah' means that the animal lost its sight.
How does Rava translate it?

(b) What did they ask that man who claimed that he saw moths in the king's wardrobe?

(c) Some quote him as having said that he saw them in the silver garments, and others, in the golden ones.
What is the significance of silver and golden garments?

(d) Why, according to those who quote him as having replied in the silver garments, did they put him to death?

(a) Rav qualifies our Mishnah ''O she'Na'asis Angarya, Omer Lo Harei she'Lecha Lefanecha', restricting it to an Angarya Chozeres.
What is an 'Angarya Chozeres'?

(b) What will then be the Din in the case of an Angarya she'Einah Chozeres?
Why is that?

(c) Shmuel makes no distinction between Angarya Chozeres and Angarya she'Einah Chozeres - but he does draw a distinction between 'be'Derech Halichasah' and 'La'av be'Derech Halichasah'.
What does 'be'Derech Halichasah' mean?

(d) What is then the reasoning behind the distinction?

(a) What does the Beraisa rule in a case of 'ha'Socher es ha'Chamor ...
  1. ... ve'Hivrikah O she'Nishtatsah'?
  2. ... Meisah O she'Na'asis Angarya'?
(b) On whom does this Beraisa present a problem?

(c) Why can we not simply establish the Beraisa when they took the donkey along the same route that he was going? What does Rebbi Shimon ben Elazar say in the Seifa?

(d) So how does Shmuel initially reconcile his opinion with the Beraisa?

(a) Alternatively, he can even go one stage further and avoid holding like an individual opinion.
How could the entire Beraisa go like Shmuel?

(b) In that case, how does the Beraisa 'Meisah O she'Na'asis Angarya Chayav Le'ha'amid Lo Chamor Acher' continue?

(a) What is the problem with establishing the Beraisa like Rebbi Shimon ben Elazar? What does he rule in another Beraisa in a case of 'ha'Socher es ha'Chamor Li'rekov Alav, ve'Hivrikah O she'Nishtatsah' that clashes with the Reisha of the current Beraisa?

(b) How does Rabah bar Rav Huna resolve this problem?

(c) What does Rav Papa say about glass vessels?

Answers to questions

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