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Bava Metzia 80

BAVA METZIA 80 (28 Shevat) - Dedicated by the Rosemans of Har Nof in loving memory of their mother and grandmother, Miryam bat Yisrael of blessed memory, who passed away on 28 Shevat 5759.


(a) What does our Mishnah say about someone who hires a cow and the plow breaks, assuming that he hired it to ...
  1. ... plow in the mountains but plowed in the valley?
  2. ... plow in the valley but plowed in the mountains?
(b) And what does the Tana say in a case where the cow that he hired to thresh slipped, assuming that he hired it to ...
  1. ... thresh corn but threshed legumes?
  2. ... thresh legumes but threshed corn?
(a) Whose workers usually work the plow? Why are two men needed for the job?

(b) According to Rav Papa, it is the man leading the ox-goad who has to pay in the event that the plow-share breaks in the course of plowing.
What does Rav Shisha B'rei de'Rav Idi say?

(c) What is the basis of their Machlokes?

(d) Why do we rule like Rav Shisha B'rei de'Rav Idi?

(e) In which case will the one leading the ox-goad be Chayav to pay half?

(a) What does Rebbi Yochanan say about Reuven who tells Shimon that the cow that he is selling him ...
  1. ... bites, kicks and crouches, when one of these is true?
  2. ... bites (which it does) and has other defects?
(b) We cite a Beraisa in this regard.
What does the Beraisa say about someone who sells a Shifchah in one of the two ways discussed by Rebbi Yochanan?

(c) What She'eilah did Rav Mordechai ask Rav Ashi?

(d) What did he answer him?

(a) Our Mishnah obligates someone to pay for subsequent damage to the donkey, if he hired it to transport wheat, and he changed to barley. What does the Tana say in a similar case, but where the hirer hired the donkey to transport corn, and he change to straw?

(b) What is the reason for this ruling? Is it because barley is intrinsically more difficult to transport than wheat?

(c) How much must he add in order to be Chayav?

(d) We explained the Mishnah like Abaye.
How does Rava explain our Mishnah? How does he amend 'Mipnei she'ha'Nefech Kasheh ke'Mas'uy'?

(a) How does Rava then explain our Mishnah 'Le'havi Lesech Chitin, ve'Heivi Lesech Se'orin, Patur. ve'Im Hosif al Masa'o Chayav'? How much must he have added in order to be Chayav?

(b) In light of this, how will he explain the final statement of our Mishnah, which, quoting Sumchus Mishum Rebbi Meir, obligates a hirer for adding three Kabin on to the load of a donkey?

(c) What is the equivalent Shiur for overloading a camel?

(a) The Tana of a Beraisa writes 'Le'havi Lesech Chitin, ve'Heivi Sheish-Esrei Se'orim', Chayav'. How much is 'Sheish-Esrei'?

(b) How does this Beraisa pose a Kashya on Abaye?

(c) Abaye answers this Kashya by establishing the Beraisa by Mechikta.
What does 'Mechikta' mean?

(d) On what grounds do we reject the suggestion that it means a Lesech of wormy barley?

Answers to questions



(a) What does the Tana of the Beraisa mean when he says ...
  1. ... 'Kav sle'Katef'? How much does an average person then carry?
  2. ... 'Adriv la'Arivah'?
  3. ... 'Kur li'Sefinah'? What practical Halachah can we learn from here?
  4. ... 'Sheloshes Kurim le'Burni Gedolah?
(b) If a load is too much for a person to carry, he has the option of putting it down. To explain why someone is Chayav for damages if he places too heavy a load on someone's back, Abaye establishes the Beraisa 'be'she'Chovto le'Alter'.
What does he mean by that?

(c) What does Rava mean when he explains 'le'Agra Yeseira'?

(d) Rav Ashi disagrees with Abaye on principle.
How does he explain the Beraisa, even assuming that he placed the load on the person's back bit by bit?

(a) What are the ramifications of our Mishnah, which states that all Umnin are Shomrei Sachar? What is the definition of 'Umnin'?

(b) What does the Tana say about ...

  1. ... "Sh'mor Li ve'Eshmor Lach"?
  2. ... "Sh'mor Li, ve'Amar Lei Hanach Lefanai"?
(c) According to the Tana Kama, a Shomer Mashkon is a Shomer Sachar.
What is the reason for that?

(d) What is the basis for Rebbi Yehudah's distinction between a loan of money and a loan of fruit?

(e) What does Aba Shaul say about a creditor renting out the Mashkon he received from the poor debtor?

(a) Rebbi Meir in a Beraisa gives a hirer the same Din as a Shomer Chinam (because the benefit he gains [out of using the article] is canceled by the fact that he pays for its use).
Why does Rebbi Yehudah nevertheless consider him a Shomer Sachar?

(b) Why does this lead us to believe that the author of our Mishnah cannot be Rebbi Meir? What is the problem with that?

(c) On what grounds do we refute the answer that Rebbi Meir will agree in our Mishnah that he is a Shomer Sachar, due to ...

  1. ... the benefit the Uman receives from the fact that the commisioner commisioned him and not someone else?
  2. ... the little extra that he inevitably pays the Kablan?
(a) So why *is* an Uman a Shomer Sachar? What benefit does he receive that a regular Socher does not?

(b) Alternatively, we establish the Mishnah like Rebbi Meir by amending the Beraisa like Rabah bar Avuhah.
What does Rabah bar Avuhah say?

(a) We learned in a Mishnah in ha'Sho'el 'Amar Lo ha'Sho'el Sh'lach ve'Shalchah u'Meisah, Chayav'.
What will be the Din if the owner wer to send the animal to the Sho'el after they reached an agreement, but before the Sho'el asked him to send it, and the animal died on the way?

(b) And what does the Tana mean when he continues 've'Chein be'Sha'ah she'Machzirah'.

(c) In what way does Rafram bar Papa Amar Rav Chisda qualify this latter ruling?

Answers to questions

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