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Bava Metzia 83

BAVA METZIA 81-85 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) To resolve Rebbi Meir in our Mishnah, who obligates even a Shomer Sachar to swear, if the barrel that he transported broke, with Rebbi Meir in Bava Kama, Rebbi Elazar established a Machlokes Tana'im. Rebbi Chiya bar Aba Amar Rebbi Yochanan disagrees.
How does *he* explain the Shevu'ah in our Mishnah?

(b) How does Rava explain the Shevu'ah, bearing in mind that, according to Rebbi Yochanan, Rebbi Meir holds 'Niskal Poshe'a'? How can he possibly swear that he was not Poshe'a?

(c) We learned earlier that Rebbi Yehudah obligates the porter to pay if he was a Shomer Sachar, and Rebbi Elazar queries the Shevu'ah even by some cases of Shomer Chinam.
Why should the Shevu'ah not be due to the Takanas Chachamim?

(a) What did Rava rule in a case where a porter broke the barrel he was transporting, against a ledge that was protruding from the wall in the main street of Mechuza?

(b) And what did he rule when Reuven claimed that the four hundred barrels of wine that he had purchased on behalf of Reuven had turned sour?

(c) Why did he do that? What did he suspect that Reuven may have done?

(d) What did Rava answer when, in both of the above cases, his son Rav Yosef asked him whether this was not the opinion of Isi?

(a) Rebbi Chiya bar Yosef instituted in Sichra that the porters who carried ... 'be'Agra' were liable to pay half the damage (should the barrel break) and those who carried 'be'Digla', full damages.
What is the definition of ...
  1. ... 'be'Agra'?
  2. ... 'be'Digla'?
(b) What is the reason for the distinction between the two rulings? Why does the porter pay ...
  1. ... half damages in the case of Agra?
  2. ... full damages in the case of Digla?
(c) What did Rabah bar bar Chanah do when porters broke the barrel that they were transporting for him?

(d) What was Rav proving when they came before him and he cited him the Pasuk in Mishlei ...

  1. ... "Lema'an Teilech be'Derech Tovim"?
  2. ... ve'Orchos Tzadikim Tishmor"?
***** Hadran Alach, 'ha'Socher es ha'Umnin *****

***** Perek ha'Socher es ha'Po'alim *****


(a) What does our Mishnah say in a case where an employer asks his workers to begin work early or to finish late?

(b) In view of the fact that this appears obvious, how do we establish the Mishnah?

(c) Then how do the workers account for the fact that they are receiving higher wages than other workers?

(d) And what does the Tana say about a place where it is customary ...

  1. ... to feed one's employees?
  2. ... to provide them with dessert ... ?
(a) What did Rebbi Yochanan ben Masya's son fix with the workers that his father asked him to hire?

(b) What did his father instruct him to quickly go and do before they began work?

(c) Why did he do that?

(d) What is the significance of ...

  1. ... 'Seudas Shlomoh *be'Sha'ato'*?
  2. ... the fact that they were descendants of Avraham ... '?
(e) What did Raban Shimon ben Gamliel comment on this?
Answers to questions



(a) What are the regular working hours of a day-worker as prescribed by the Torah?

(b) May these hours be changed?

(a) What does Resh Lakish learn from the the Pasuk in Tehilim "(Tizrach ha'Shemesh Ye'asefun ve'el Me'onasam Yirbatzun)
  1. ... Yeitzei Adam le'Fa'alo"?
  2. ... ve'la'Avodaso Adei Arev"?
(b) Why is Resh Lakish's observation not really relevant in most places?

(c) It is relevant however, in two cases: one, where a worker asked to be employed on the Torah's terms; the other, in a new town.
In the latter case, why not follow the original custom of the people's former residence?

(a) How does the Beraisa cited by Rav Yosef explain the Pasuk in Tehilim ...
  1. ... "Tashes Choshech vi'Yehi Laylah"?
  2. ... "Bo Sirmos Kol Chayso Ya'ar"?
  3. ... "Tizrach ha'Shemesh ... Ye'asefun"?
  4. ... "ve'el Me'onosam Yirbatzun"?
  5. ... "Yeitzei Adam le'Fa'alo"?
  6. ... "ve'la'Avodaso Adei Arev"?
(b) When Rebbi Elazar b'Rebbi Shimon found the King's officer arresting robbers, and asked him how he knew whom to arrest, what did he mean to ask him? What was the significance of the Pasuk "Bo Sirmos Kol Chayso Ya'ar" (or "Ye'erav ba'Mistor ke'Aryeh") that he quoted?

(c) What was Rebbi Elazar's main concern?

(d) What was the officer's response to his queries?

(a) So Rebbi Elazar gave him instructions.
Where did he tell him to search, at what time of the day and what was he to look out for?

(b) Then he was to make enquiries about the suspect's profession.
What conclusion would he draw if he was a ...

  1. ... Talmid-Chacham?
  2. ... a day worker?
  3. ... a night worker? What work must he have been doing for his activities not to have been heard by his neighbors?
(c) On what grounds then, would the officer finally make his arrest?

(d) How did the king's react, when he heard about Rebbi Elazar's sound advice?

(a) What was Rebbi Yehoshua ben Korcha's reaction to Rebbi Elazar b'Rebbi Shimon's new appointment?

(b) What did he mean when he referred to him as 'Chometz ben Yayin'?

(c) And what did he retort, when Rebbi Elazar defended himself by arguing that he was merely 'removing the thorns from the vineyard'?

(a) On what grounds did Rebbi Elazar take that laundryman into custody?

(b) Which Pasuk in Mishlei did he quote when, after his anger had abated, he failed in his attempt to redeem him?

(c) How did the people appease him after the culprit had been hanged? What did they tell him?

(d) Rebbi Elazar b'Rebbi Shimon was a very fat man.
What did he exclaim after placing his hands on his stomach?

(a) What did Rebbi Elazar arrange to have done to him, to reassure himself that he really was innocent of having an innocent man put to death?

(b) What happened to the piles of fat that emerged from his stomach?

(c) Considering that fat never goes wormy, how did this test prove anything?

(d) Which Pasuk in Tehilim did he finally quote in triumph?

Answers to questions

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