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Bava Metzia 93

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


(a) We have just discussed our Mishnah in detail.
What does the Tana add with regard to Shomrei Peiros?

(b) Rav confines this Halachah to laborers who are hired to guard Mechubar. Why can they not eat min ha'Torah?

(c) What will he hold in a case where they are guarding Talush (such as the winepress or piles of corn)? Why is that?

(d) In which basic point does Shmuel argue with Rav?

(a) Shmuel therefore confines the Din of our Mishnah to a Shomer Talush.
What does he say by a Shomer Mechubar?

(b) What does the Beraisa say about someone who guards a Parah Adumah (from Tum'ah, between the Shechitah until the gathering of its ashes)?

(c) Rav Acha bar Rav Huna asks from here on Shmuel, who does not consider guarding an act.
How does Rabah bar Ula answer the Kashya? Why, according to Shmuel, did Chazal decree Tum'ah in this case?

(a) Rav Kahana asks on Shmuel from another Beraisa.
What does the Tana say about a laborer who is picking cucumbers from four or five cucumber fields belonging to as many different owners?

(b) How does Rav Shimi bar Ashi interpret the word 'Maksha'os' to accommodate Shmuel?

(c) If the cucumbers have already been picked, why are they not Nigmerah Melachto le'Ma'aser?

(a) What does Rav Ashi extrapolate from ...
  1. ... the Reisha of our Mishnah 've'Eilu she'Ochlin min ha'Torah ... '?
  2. ... the Seifa 've'Eilu she'Ein Ochlin?
(b) Why can we not extrapolate from the Seifa that they cannot eat min ha'Torah, but that they can eat mi'de'Rabbanan?

(c) How does Rav Ashi know that it is from Shomer Mechubar that he cannot eat even mi'de'Rabbanan, but that from Shomer Talush he can, and not vice-versa?

(d) What has Rav Ashi now proved?

(a) The Tana of our Mishnah lists four Shomrim.
Why does he say that a Shomer Chinam is Patur from everything, when in fact, he is Chayav for negligence?

(b) What is the Din of ...

  1. ... a Sho'el?
  2. ... a Nosei Sachar and a Socher?
(a) We inquire who the author of our Mishnah is who lists four Shomrim.
Why can this question not be taken literally? What do we really mean to ask?

(b) Rav Nachman Amar Rabah bar Avuhah reply that the author is Rebbi Meir.
What does Rebbi Yehudah say?

(c) What problem do we have with this?

(d) How do we resolve the problem?

(e) And what does our Mishnah mean when it lists four Shomrim seeing as there are only really three Dinim?

Answers to questions



(a) What happened to that shepherd who was grazing his flocks on the banks of the River Papa?

(b) Why did Rabah exempt him from paying?

(c) Abaye asked Rabah whether if a shepherd went into town and left the sheep unguarded or if he took a nap 'like everyone does', he would also be Patur.
What did he reply?

(a) What can we imply from the Beraisa which cites the Pasuk in Iyov where 'a band of robbers who took the animals and killed the youths' as an example of O'nes for which a Shomer Sachar is exempt?

(b) How will Rabah establish this Beraisa?

(c) We ask a similar Kashya on Rabah from the Pasuk in Va'yeitzei, where Ya'akov told Lavan how he had suffered from the heat by day and the frost by night.
Was Ya'akov also a town security guard?

(a) What does the Tana of a Beraisa say about a shepherd who left the flock and went to town, and a wolf or a lion came and killed one of the sheep? Is he automatically liable for forsaking the sheep?

(b) How will Rabah establish this Beraisa?

(c) What problem does this pose on the fact that the Tana exempts him had he been able to save the sheep anyway?

(d) How will Rabah answer this?

(a) If, as Rabah explains, he fled to the safety of the town because he was afraid of the lion, then what is the point of the assessment? What was he supposed to have done?

(b) Would a Shomer Chinam be liable too, if, in the same circumstances, he was able to obtain help from his fellow shepherds with their sticks?

(c) Since when is a Shomer Sachar liable for Onsin (why should he pay money out of his own pocket to avert an O'nes)? Up to how much must he offer them?

(d) Rav Papa asked Abaye what the owner gains if the Shomer presents him with a bill to the value of his animal.
What did Abaye reply?

(a) Rav Chisda and Rabah bar Rav Huna disagree with Rabah.
What do they say about the obligations of a Shomer Sachar?

(b) What happened when bar Ada S'vula'a was taking the animals he was guarding over the bridge of Neresh?

(c) Why did Rav Papa obligate him to pay? What could he have done?

(d) How did Rav respond to bar Ada S'vula'a's claim that it was too much trouble to take them across one at a time?

(a) When Shavu stole the flax that Eyvu had placed for safekeeping with Runya (without pay), what did Rav Nachman rule, when the identity of the robber became known?

(b) What does Rav Huna bar Avin rule in a case where an article of safekeeping is stolen be'O'nes from the house of ...

  1. ... a Shomer Chinam?
  2. ... a Shomer Sachar?
(c) How did Rava reconcile Rav Nachman with Rav Huna bar Avin?
(a) Everyone agrees that one wolf is not considered an O'nes. The Tana Kama of our Mishnah considers two wolves an O'nes.
What does Rebbi Yehudah say?
When is even one wolf considered an O'nes?

(b) Even two dogs however, are not considered an O'nes, according to the Tana Kama.
What does Yadua ha'Bavli in the name of Rebbi Meir say? When are even two dogs considered an O'nes according to him?

(c) What does the Tana say in a case where the flock is attacked by ...

  1. ... a robber?
  2. ... a lion, a bear, a tiger, a leopard (or hyena) or a snake?
(d) Under what circumstances are all of these not considered an O'nes?
(a) If a sheep dies naturally, it is considered an O'nes; if the shepherd tortures it and it dies, it is not. If the animal ascended the mountain and fell, it is an O'nes, but not if the shepherd led it up.
What does the Tana mean when he speaks about the animal ascending the mountain?

(b) How does Rav Nachman bar Yitzchak establish the Beraisa which considers one wolf an O'nes?

(c) We ruled that if the flock is attacked by a robber, this is an O'nes. Why is that? Why should the shepherd not be obligated to pit his own strength against one attacker?

(d) We ask what the Din will be if both the shepherd and the robber are armed, and we conclude that this is indeed an O'nes.
Why is that?

(e) Abaye asked Rava what the Din will be if the shepherd met the robber, and after showing him the location of his camp, he warned him that their camp comprised so many shepherds, and that they had so many dogs and weapons between them.
What did Rava reply? Would this be an O'nes if the robber subsequently stole his sheep?

Answers to questions

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