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Bava Metzia 91

BAVA METZIA 91-95 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) Rebbi Yochanan asked Resh Lakish (who holds 'Akimas Sefasav Lo Havi Ma'aseh') from the Mishnah in Temurah.
What does the Tana there comment on the Reisha 'ha'Kol Mamirin, Echad Anashim, ve'Echad Nashim ... '?

(b) What did Resh Lakish answer? Who must be the author of the Mishnah according to him?

(c) How does Rebbi Yehudah extrapolate from the Pasuk in Bo "ve'Lo Sosiru Mimenu ad Boker, ve'ha'Nosar Mimenu ad Boker ba'Eish Tisrofu", that 'La'av she'Ein Bo Ma'aseh Lokin Alav'?

(a) What does 'ha'Kol Mamirin' (in the Mishnah in Temurah) come to include?

(b) Seeing as Rebbi Yehudah there precludes an heir from declaring a Temurah on his father's Korban, how can we establish the Mishnah like Rebbi Yehudah?

(a) The Beraisa sentences someone who contravened the La'av of Chasimah to Malkos, and requires him to pay.
If he pays four Kabin for a cow, how much will he pay for a donkey?

(b) What problem do we have with this Beraisa? From where do we learn this principle?

(c) Abaye establishes the Beraisa like Rebbi Meir.
What does Rebbi Meir say?

(a) Rava answers with the words 'Esnan Asrah Torah, va'Afilu Ba al Imo'.
What does he mean? How do we know that the adulterer is morally obligated to pay his mother the Esnan?

(b) How might we learn alternatively, even assuming that he is not obligated to pay her the Esnan?

(c) According to Rav Papa, Beis-Din will even force the Chosem to pay. Why is that?

(a) They asked Rav Papa two She'eilos in the Beis Hamedrash of Rav Papa bar Aba.
What did he reply when they asked him whether ...
  1. ... one may knead a dough with milk? Why is that?
  2. ... one may lead two different animals into the same pen?
(b) Rav Papa's ruling in the case of kneading a dough with milk was based on a Beraisa.
What does the Tana there say about smearing an oven with the fat-tail of a sheep?

(c) And what does he rule in a case where one contravenes either of these Halachos?

(a) Which of these rulings did Rav Papa himself acknowledge was incorrect?

(b) His admission was based on a statement by Shmuel.
What did Shmuel say about ...

  1. ... witnesses who come to testify on an immoral act that they saw?
  2. ... Kil'ayim with regard to the above Halachah?
(c) The Tana of the Beraisa (with reference to the Pasuk in Kedoshim "Behemtecha Lo Sarbi'a Kil'ayim", assuming the Torah had not added the word "Kil'ayim") states 'Hayisi Omer Lo *Yochaz* Adam ha'Beheimah be'Sha'ah she'Oleh Alehah Zachar'.
What does Rav Achdevu'i bar Ami extrapolate from there that poses a Kashya on Shmuel?

(d) How do we answer this Kashya? What does the Tana really mean when he says 'Lo Yochaz Adam ha'Beheimah'?

(a) Rav Yehudah permits manually breeding two animals of the same species. Why might we have otherwise thought that this is forbidden? What would be the basis for such a prohibition?

(b) Then why is it permitted?

(c) What does Rav Achdevu'i bar Ami extrapolate from the Beraisa that we quoted earlier 'Hayisi Omer Lo Yochaz Adam ha'Beheimah be'Sha'ah she'Oleh Alehah Zachar, Talmud Lomar Kil'ayim', that poses a Kashya on Rav Yehudah?

(d) How do we answer the Kashya?

Answers to questions



(a) They asked Rav Ashi in the Beis-Hamedrash of Bei Rabana Resh Galusa whether one is permitted to lead three animals into a pen, two be'Miyno, and one, she'Eino Miyno.
What are the two sides of the She'eilah?

(b) If the Halachah permits this, then why did Rav Ashi rule that one may not?

(a) The Tana Kama permits a laborer to eat even if he works only with his hands or feet.
What if he only works with his shoulders?

(b) What does Rebbi Yossi b'Rebbi Yehudah say with regard to this?

(c) What does the Tana Kama learn from the Pasuk "Ki Savo be'Kerem Re'echa"?

(d) From where does Rebbi Yossi b'Rebbi Yehudah learn that a laborer may only eat if he works with both his hands and his feet?

(a) Rabah bar Rav Huna asks whether Bal Tachsom applies if one threshes with chickens or ducks.
What are the two sides of the She'eilah?

(b) What is the outcome of the She'eilah"?

(c) Until when does Rav Nachman Amar Rabah bar Avuhah restrict laborers working in the wine-press to eating grapes? From when may they drink wine?

(d) What is the reason for this? Why is it prohibited?

(a) What does the Tana of our Mishnah say about a laborer who is picking ...
  1. ... grapes?
  2. ... figs?
(b) What concession does the Tana make regarding a laborer working in different species or qualities of fruits?

(c) Min ha'Torah, a laborer and an animal may eat only whilst they are working.
What concession did Chazal make for ...

  1. ... laborers?
  2. ... animals?
(d) Why is that?
(a) We ask whether a laborer is permitted to eat from a superior-quality vine from which he is not actually picking.
What are the two sides of the She'eilah?

(b) How do we try to resolve our She'eilah from the fact that the Torah allows an animal to eat from attached fruit?

(c) How does Rav Shisha B'rei de'Rav Ada refute this proof?

(d) We try to resolve the She'eilah from our Mishnah, which forbids a laborer to eat from a vine to a fig-tree, implying that from one fig-tree to another is permitted.
How does Rav Shicha B'rei de'Rav Ada refute this proof, too?

(a) How do we try and resolve our She'eilah from the Tana of our Mishnah, who permits the laborer to refrain from eating until he reaches a row with superior-quality fruit?

(b) We refute this proof however, by pointing to the fact that this is forbidden anyway because it involves a Bitul Melachah.
Then what was the She'eilah in the first place? Why is it not always a Bitul Melachah?

(c) We learned in our Mishnah that, a laborer is permitted to eat whilst walking from one row to another only because of Hashavas Aveidah (mi'de'Rabbanan).
What do we try and prove from there, based on the assumption that walking is considered working?

(d) How do we counter this proof?

(a) The second Lashon tries to prove that a laborer is permitted to eat from one tree to another.
What must we assume to arrive at such a conclusion?

(b) How do we counter this proof?

(c) We learned in our Mishnah that, due to Hashavas Aveidah, a donkey is permitted to eat whilst it is being unloaded.
What is the problem with this?

(d) So how do we amend the Mishnah to read?

Answers to questions

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