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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 90


(a) 'Bal Tachsom' does does apply to 'Paros ha'Meraksos bi'Tevu'ah'. This results in what is known as Chushla.
What is 'Chushla'? Why does 'Bal Tachsom' not apply here (see Shitah Mekubetzes)?

(b) The Tana also precludes animals that are threshing T'rumos and Ma'asros from 'Bal Tachsom'.
How is it possible to have T'rumos and Ma'asros before Miru'ach (which normally follows the threshing)? Then why does 'Bal Tachsom' not pertain to them?

(c) To get round the problem of Mar'is ha'Ayin, the Tana Kama requires one to place a Bul of whichever species the cow is threshing in a sack or basket around its neck.
What is ...

  1. ... a Bul?
  2. ... a Traskal?
(d) What does Rebbi Shimon bar Yochai say?
(a) What does another Beraisa say about 'Bal Tachsom' in a case where...
  1. ... a Nochri is threshing with a cow belonging to a Jew?
  2. ... a Jew is threshing with a cow belonging to a Nochri?
  3. ... one's cow is threshing Terumah or Ma'aser?
(b) To answer the discrepancy regarding Terumah, we draw a distinction between Terumah and Gidulei Terumah.
How do we then explain the two Beraisos?

(c) When did Chazal decree 'Gidulei Terumah'?

(d) Why did they consider it Terumah, seeing as min ha'Torah, it has a Din of Chulin?

(a) To explain why we do not answer the Kashya on Ma'aser in the same manner, we quote a Mishnah in Terumos.
What does the Tana there say about ...
  1. ... Gidulei Tevel? What exactly is 'Gidulei Tevel'?
  2. ... Gidulei Ma'aser? Which Ma'aser does the Tana refer to?
(b) Why did Chazal not extend the decree of Gidulin to Tevel and Ma'aser?

(c) So we reconcile the discrepancy by Ma'aser by differentiating between Ma'aser Rishon and Ma'aser Sheini.
Why should there be a difference between them as regards 'Bal Tachsom?

(d) Alternatively, we might establish even the Beraisa that includes it in Bal Tachsom by Ma'aser Sheini.
Who would then be the author?

(a) According to the S'vara of Rebbi Yehudah (see Maharsha DH 'Rashi, Mamon'), why does Terumah not fall under the category of "be'Disho"?

(b) Why does the fact that a Kohen rented the cow from the Yisrael make no difference?

(c) We have already explained that the Ma'asros must have been separated be'Shibalin for the Ma'aser to have taken effect before the threshing, and that according to Rebbi Yehudah, Ma'aser Sheini is Mamon Hedyot (which is why it falls under the category of "be'Disho".
But surely, Ma'aser Sheini outside the walls of Yerushalayim, where it cannot be eaten, cannot be considered "be'Disho" either?

(d) What is 'Chomas Beis Pagi'?

(a) Alternatively, we establish both the Mishnah and the Beraisa by Ma'aser Sheini according to Rebbi Meir.
How could Ma'aser Sheini possibly fall under the category of "be'Disho", according to Rebbi Meir?

(b) Why can we not give the same answer to reconcile the discrepancy with regard to Terumah Gedolah?

(c) Why did Raban Yochanan ben Zakai ...

  1. ... not institute D'mai with regard to Terumah Gedolah?
  2. ... negate Viduy Ma'asros every fourth and seventh year?
(d) How do we nevertheless establish the Beraisa by Terumah, even according to Rebbi Meir? Which Terumah were the Amei ha'Aretz suspected of contravening?
(a) They asked Rav Sheishes about a cow that contracted diarrhea from the food it was threshing.
What are the two sides of the She'eilah?

(b) How did Rav Sheishes resolve the She'eilah from Rebbi Shimon in our Mishnah regard Karshinim by Mar'is ha'Ayin?

(a) We ask whether one is permitted to stipulate to a Nochri that he should muzzle his (the Jew's) cow and thresh his corn (see Tosfos DH 'Chasom') with it.
Bearing in mind that the Chachamim forbade Amirah le'Nochri on Shabbos, why might that 'Sh'vus' not apply here?

(b) We try to resolve the She'eilah from the Beraisa cited above 'Nochri ha'Dash be'Paraso shel Yisrael Eino Over'.
What does this imply?

(c) Why can we then not resolve our She'eilah from here?

Answers to questions



(a) What would those Nochrim do with the oxen belonging to Yisre'elim that they stole? Why did they do that?

(b) What ruling did the B'nei Ma'arva (the Chachamim of Eretz Yisrael) send to Shmuel's father there?

(c) Rav Papa refuted the proof from here that the Chachamim extended the decree of 'Amirah le'Nochri' even to Isurei La'av, on the grounds that the B'nei Ma'arva hold like Rebbi Chidka.
What does Rebbi Chidka say?

(a) Rava thought that the animals in the previous case could only be sold for Shechitah (but not for plowing).
Why was that?

(b) What objection did Abaye raise to this?

(c) Everyone agrees that a grown-up son in this regard is considered like a stranger, and that the owner of the castrated animal may therefore sell the animal (or give it as a gift?) to him. Rav Achi forbids however, selling it to his young son who is still a minor.
What does Rav Ashi say?

(d) What did Mereimar and Mar Zutra (or those two Chasidim) do when it (inadvertently, see Tosfos) happened to their animals?

(a) We ask whether the owner is permitted to stick a thorn into the cow's mouth whilst it is threshing, or to place a lion outside the threshing-barn, both of which result in the animal not being able to eat whilst it is threshing.
What is wrong with the She'eilah?

(b) What do we then really mean to ask?

(c) We also ask whether he may place the animal's son outside the threshing-barn (so that its lowing will prevent its mother from wanting to eat [see Tosfos DH 'Amad']), or whether he is obligated to water the thirsty cow, whose thirst is preventing it from eating.
What final She'eilah do we ask?

(a) In an attempt to resolve at least one of the She'eilos, we cite a Beraisa.
What does the Tana there say about ...
  1. ... the owner of the cow starving it prior to the threshing, so that it will eat more whilst it is threshing?
  2. ... the owner of the corn placing some loose stalks in front of the cow so that it is does not notice the corn that it is threshing?
(b) Which of the above She'eilos are we trying to resolve?

(c) How do we counter this proof?

(d) Alternatively, how do we refute the proof from there by slightly amending the wording in this latter case?

(a) Rebbi Yonasan asked Rebbi Sima'i whether the owner is permitted to muzzle his cow before he enters the threshing-barn (taking a lenient stance in the previous She'eilos of the thorn and the lion], which are clearly based on Rebbi Sima'i's answer).
What are the two sides of the She'eilah?
What are the two possible ways of explaining "Lo Sachsom Shor be'Disho"?

(b) How did Rebbi Sima'i resolve the She'eilah from the obvious interpretation of the Pasuk in Shemini "Yayin ve'Sheichar Al Teisht ... be'Vo'achem"? What does the Pasuk mean there?

(c) How do we know that the Torah does not literally mean that the Kohen may not drink wine once he enters the Azarah, but that he may do so before entering?

(d) And what did Rebbi Sima'i mean when he introduced his proof with the words 'mi'Beis Avicha Atah Lameid'?

(a) What is the Tana of the Beraisa referring to when he exempts from Malkos someone who ...
  1. ... muzzles a cow?
  2. ... harnesses two different animals to a wagon?
(b) Who would then be Chayav in these cases?

(c) Rebbi Yochanan obligates someone who muzzles an ox or who leads two animals harnessed to a wagon using verbal commands.
Why is that?

(d) What does Resh Lakish say?

Answers to questions

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