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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 99


(a) We just learned in our Mishnah that if, at the Sho'el's behest, the owner sends his cow with his Eved, and an O'nes occurs on the way, the Sho'el is liable.
What problem do we have with this?

(b) According to Shmuel, the Tana is referring to an Eved Ivri.
So what if he is?

(c) How will Rav establish the Mishnah even by an Eved Cana'ani?

(d) And how do we amend Rav's previous interpretation of the our Mishnah in order to accommodate the Beraisa 'ha'Sho'el Parah ... be'Yad Avdo, Patur'?

(a) What did Rav Nachman Amar Rabah bar Avuhah Amar Rav say in a case where the Sho'el tells the owner ' ... Hikishah be'Makel, ve'Tavo'?

(b) The Beraisa seems to echo Rav's statement, yet Rav has no proof from there for his ruling.
Why not? How might we establish the Beraisa differently?

(c) Then what is the Beraisa coming to teach us? What is then the Chidush?

(d) What does 'Gazyasa' mean?

(a) What does Rav Huna say about someone who borrows a chopper from his friend? At which stage will he acquire it?

(b) Why is it not feasible to interpret this in terms of when he becomes liable to pay?

(c) Then in which connection is Rav Huna be speaking?

(a) Rav Huna clearly disagrees with Rebbi Ami.
What does Rebbi Ami say about Reuven who inadvertently lends Shimon a chopper belonging to Hekdesh?
When ...
  1. ... is he Mo'el?
  2. ... is Shimon permitted to use it?
(b) How much must Reuven pay to Hekdesh?

(c) Why does this not conform with Rav Huna's previous ruling? What would Rav Huna say in such a case?

(d) Nor does Rav Huna hold like Rebbi Elazar.
What important ruling does Rebbi Elazar issue in connection with Meshichah?

(a) How do we know for sure that Rebbi Elazar's opinion is Halachah?

(b) And what, in light of what the Tana said in the Reisha, is the Tana referring to when he continues that just as Karka is acquired with Kesef, Sh'tar and Chazakah, so too is Sechirus acquired in those three ways?

Answers to questions



(a) In a case where somebody stole a bunch of pressed dates which, collectively, are worth forty-nine P'rutos, but if sold one at a time, they go for fifty, what does Shmuel rule if he stole them from ...
  1. ... a Hedyot?
  2. ... Hekdesh?
(b) How would the Din regarding Hekdesh differ, if he *damaged* Hekdesh?
What do we learn from the Pasuk in Emor "ve'Ish Ki Yochal Kodesh"?

(c) In the case of Hedyot, why can the owner not demand fifty P'rutos, on the grounds that he would have sold them one by one? What do we learn from the Pasuk in Mishpatim "ve'Ish Ki Yav'er Sadeh O Kerem"?

(a) The Mishnah in Me'ilah absolves from Me'ilah the treasurer of Hekdesh who took a stone or beam belonging to Hekdesh.
Why is that?

(b) What does the Tana say in a case where the treasurer ...

  1. ... gave it to his friend?
  2. ... built it into his mansion?
(c) What does Rebbi Avahu quoting Shmuel extrapolate from this latter Din?
(a) In what way does this latter ruling of Shmuel appear to contradict his previous set of rulings concerning the pressed dates, regarding Hedyot and Hekdesh?

(b) How do we resolve this discrepancy?

(c) We know that it is from the later statement that he retracted, and not from the earlier one, from a statement by Rava (or Rabah).
What did Rava say with regard to 'Hekdesh she'Lo mi'Da'as'?

(d) What does he mean by that? Why can we therefore not learn the case of 'ha'Dar be'Chatzar Chaveiro she'Lo mi'Da'ato' from there?

(a) In a case where porters broke a barrel of wine belonging to a storekeeper, assuming that the barrel could be sold for five Zuz on market-day and four on other days, if he paid him on market-day, Rava rules that they must pay a barrel of wine.
What does he mean by 'on market day'?

(b) How much are they obligated to pay if they come to pay only after market-day?

(c) Under which circumstances will they only need to pay him back a barrel of wine, even after market day?

(d) When they pay him five Zuz, they deduct 'Agar Tircheih' and 'D'mei Karzanyasa' or 'D'mei Barzanyasa'. 'Agar Tircheih' is the amount of money the storekeeper would be willing to accept not to have to sit in his store and sell the wine (ke'Po'el Batel, seeing as in fact, he was spared from having to do this).
What is ...

  1. ... 'D'mei Karzanyasa'?
  2. ... 'D'mei Barzanyasa'?
Answers to questions

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