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Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 98

BAVA METZIA 98 (16 Adar) - dedicated by Mr. Avi Berger of Queens, N.Y. in memory of his father, Reb Pinchas ben Reb Avraham Yitzchak, on the day of his Yahrzeit.


(a) According to Rebbe Yochanan and Rav Nachman, we just established our Mishnah by Eisek Shevu'ah, and we conclude that the Reisha (when he borrowed the cow for part of one day or for a full day, and hired it for the rest of the day or for the subsequent day) speaks when there were two cows.
What is the case?

(b) And what is the case in the Seifa (when he borrowed one cow and hired a second one)?

(c) Why in all the cases, is it necessary to establish that even the cow that the Sho'el admits he borrowed died? What would be the Din if it was still alive?

(a) According to Rami bar Chama, we are forced to establish the Reisha when there were three cows, and the Seifa when there were four.
Why is that?

(b) What constitutes denial?

(c) Why does Rami bar Chama learn this way? How does he interpret the Pasuk in Mishpatim "Ki Hu Zeh" (the source of 'Modeh be'Miktzas ha'Ta'anah Yishava')?

Answers to questions



(a) We learned in our Mishnah 'Zeh Omer She'ulah, ve'Zeh Omer Sechurah, Yishava ha'Socher she'Sechurah Meisah'.
What problem do we have with this?

(b) Why should it be a problem though? Did we not just establish the Mishnah when there is an extra cow to which the Shomer admitted?

(c) We resolve the problem by establishing the Mishnah when there is a Gilgul Shevu'ah.
Which Gilgul Shevu'ah?

(d) Why does he swear? Did Rami bar Chama not just teach us that unless there is an extra cow to which the Shomer admits, he does not need to swear?

(a) We also learned 'Zeh Omer Eini Yode'a, ve'Zeh Omer Eini Yode'a, Cholkin'. The author of this Mishnah is Sumchus.
What does Sumchus say?

(b) What do the Rabbanan of Sumchus hold?

(a) Rebbi Aba bar Mamal asks what the Din will be if a Shomer borrowed a cow be'Ba'alim and then, before the initial period had transpired, he hired it she'Lo be'Ba'alim. Since the Sechirus is a new contract, we might say that it has no connection with the She'eilah, and is therefore considered she'Lo be'Ba'alim.
How can we say that, considering that the Shomer did not make a new Kinyan?

(b) What is the other side of the She'eilah? What do we mean by 'Meishach Shaichi'?

(a) On the basis of the second side of the previous She'eilah, what second She'eilah are we prompted to ask?

(b) On the basis of the first side of the previous She'eilah, what third She'eilah are we prompted to ask?

(c) And what is the final She'eilah?

(a) What does our Mishnah say about Reuven who asks to borrow a cow from Shimon, if the latter then sends it to him through a son, an Eved, or a Sheli'ach belonging to either of them, and the cow dies on the way?

(b) If however, Shimon sent the cow through any of the above Sheluchim, following Reuven's request, then he will be liable.
In which other case does the Tana obligate him to pay?

(c) What does the Tana mean when he adds 've'Chein be'Sha'ah she'Machzirah'?

Answers to questions

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