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Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 79

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


(a) What does Rabah bar Rav Huna Amar Rav rule in a case where someone hired a donkey to transport him to a certain town, and the donkey died halfway?

(b) Assuming that donkeys are easy to hire there, then there is no reason to complaint.
What problem do we have with Rav's ruling if they are not?

(c) Then why *does* he have to pay?

(a) In the previous case, how do we know that the hirer must have hired 'Chamor Zeh' (and not 'Chamor S'tam')?

(b) Then why does the hirer not sell the carcass, and use the proceeds ...

  1. ... to purchase another donkey?
  2. ... to hire another donkey?
(c) What would Shmuel say?

(d) How will Rav then interpret our Mishnah, which rules 'Meisah, Chayav Le'ha'amid Lo Chamor'?

(a) We learned in a Beraisa that if the tree that the debtor gave the creditor as a Mashkanta de'Sura (which cancels the debt when it is returned at the end of the fixed term) dried up or was cut down before the due date, neither Reuven nor Shimon is permitted to benefit from the wood.
So what do they do with it?

(b) What makes this a case of 'Kalya Karna'?

(c) We reconcile this with Rav, who just said that Reuven is forbidden to use up the Keren of something that is Meshubad to him, by citing Rav Chisda Amar Rav Ketina. What did he say about a field that is sold for sixty years? What is his source?

(d) We use Rav Ketina's ruling to solve our problem, by establishing the Beraisa too, when they purchased the small plot for sixty years, so that Yovel will not cancel the sale.
On what grounds do we refute this explanation? Why in fact, will it not solve our problem at all?

(a) So how do we finally circumvent the problem? How do we establish the Beraisa in a way that Yovel will not cancel the sale of the plot of land?

(b) And how do we ...

  1. ... try to prove this from the basic ruling in the Beraisa? Whose opinion is it coming to prove?
  2. ... refute this proof (so as not to remain with a Kashya on Shmuel)?
(a) What does Rebbi Nasan in a Beraisa rule concerning someone who hired a boat, which sunk halfway to its destination?

(b) Why can the Tana not be speaking by ...

  1. ... 'Sefinah Zu ve'Yayin S'tam'?
  2. ... 'Sefinah S'tam ve'Yayin Zu'?
(c) So how does Rav Papa establish Rebbi Nasan speak?

(d) And what will be the Din in the case of 'Sefinah S'tam ve'Yayin S'tam'?

Answers to questions



(a) What does the Beraisa say about someone who hires a boat and decides to unload it halfway to his destination?

(b) Why can the Tana not be speaking when the owner is unable to find someone to replace the first hirer?

(c) How do we try to resolve the problem, that if he *was* able to find a replacement, then what complaints could he possibly have?

(d) How do we refute that suggestion?

(a) If the Tana is not talking about the hirer unloading the boat halfway, what *is* he talking about?

(b) He might be complaining about the fact that the hirer changed from his original conditions.
So what if he did?

(c) What alternative complaint might he have?

(a) The Beraisa rules that someone who hires a donkey is permitted to place his cloak, his water-flask and food for the entire journey on its back. What about the donkey-driver (the owner)? What is he permitted to do?

(b) Why can the Tana not be speaking in a case when stocks are difficult to come by along the way?

(c) Since he is then speaking when it is readily available, why is the hirer permitted to place food for the entire journey, whereas the donkey-driver is not?

(a) What does the Tana say about someone who hires a donkey ...
  1. ... for a man to ride on?
  2. ... for a woman to ride on?
(b) If the donkey was hired for a woman, does it make any difference whether the woman is ...
  1. ... large or small?
  2. ... pregnant or with a feeding baby?
(c) How does Rav Papa explain the fact that having informed us about a woman with a feeding baby, the Tana needed to add a pregnant woman?

(d) What interesting observation does Abaye make from here with regard to buying a fish?

Answers to questions

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