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Bava Metzia 100

BAVA METZIA 100 (18 Adar) - Reb Gedalya Weinberger of Brooklyn, N.Y., has dedicated this Daf in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger, on his Yahrzeit. Reb Chaim Tzvi, who miraculously survived the holocaust, raised his children with a strong dedication to Torah and its study.


(a) Our Mishnah discusses a case of 'ha'Machlif Parah ba'Chamor ve'Yaldah'.
What is the bone of contention?

(b) Why does the Tana present the case of '*ha'Machlif* Parah ba'Chamor ... ' then follow it with that of '*ha'Mocher* Shifchaso ... '?

(c) In a case where Reuven claims that he purchased the bigger of Shimon's two Avadim or fields, and the latter counters that he doesn't know which of the two he sold him, the Tana rules that he receives the bigger one.
What does he rule in a case where ...

  1. ... Shimon claims that he sold Reuven the smaller one, and Reuven counters that he doesn't know?
  2. ... Reuven claims that he purchased the bigger of Shimon's two Avadim or fields, and the latter counters that he sold him the smaller one?
(d) And what will be the Din if each one claims that he doesn't know?
(a) What problem do we have with the Tana's ruling in the case of 'ha'Machlif Parah ba'Chamor ... '? What ought the Din to be?

(b) How does Rebbi Chiya bar Avin Amar Shmuel therefore establish the case of ...

  1. ... 'ha'Machlif Parah ba'Chamor'?
  2. ... 'ha'Mocher Shifchaso?
(c) Why do we not place the cow and the Shifchah on the Chazakah of the seller (who was the original owner ['Chezkas Marah Kama'])?
Who must be the author of our Mishnah for us not to do so?

(d) It seems, says Rabah bar Rav Huna, that Sumchus holds 'Cholkin' even when both parties are sure of their claim.
What does Rava say? How does he establish the Mishnah?

3) Rava proves that Sumchus speaks exclusively by 'Shema ve'Shema' from the last case in the Mishnah (regarding two Avadim and two fields, where the Tana concludes) 'Zeh Omer Eini Yode'a ve'Zeh Omer Eini Yode'a, Yachloku'. According to Rabah bar Rav Huna, now that Sumchus has already taught us (in the Reisha) 'Yachloku' by 'Bari u'Bari', why does he need to repeat the same ruling in the Seifa by 'Shema ve'Shema'? Is that not obvious?


(a) We learned in our Mishnah 'Zeh Omer Gadol, ve'Zeh Omer Katan, Yishava ha'Mocher she'Katan Machar'.
What problem does this pose on Rabah bar Rav Huna?

(b) How will Rabah bar Rav Huna answer the Kashya? Why would Sumchus concede to the Chachamim in this case that a Shevu'ah is necessary?

(c) How can this be a case of a Shevu'ah d'Oraysa, seeing as it appears to be a case of 'Heilech', which does not require a Shevu'ah?

(d) And how about the dual problems of a. the principle 'Ein Nishba'in al ha'Avadim', and b. 'Ta'ano Chitin ve'Hodeh Lo bi'Se'orin, Patur'?

(a) Initially, Rav answers the Kashya of 'Heilech' (which we just discussed) by establishing our Mishnah by 'D'mei', when the bone of contention concerns (not the actual Eved or the field, but) the value.
What does each one then claim?

(b) Shmuel disagrees.
How does he establish the Mishnah?

(c) Both Rav and Shmuel have also resolved the problem of 'Ein Nishba'in al ha'Avadim'.
Which Kashya remains, according to Shmuel?

(d) How does Rav Papa dispense with the problem?

Answers to questions



(a) Rebbi Hoshaya objects to Shmuel's establishing our Mishnah by the garment of an Eved and sheaves in the field, on the grounds that the Tana is discussing an Eved, and not his clothes, a filed and not sheaves.
How does *he* then establish it?

(b) And how do we resolve the problem 'Mah she'Ta'ano Lo Hodeh Lo ... '?

(c) Rav Sheishes refutes Rav Hoshaya's explanation on the grounds that 'Zokekin Asa le'Ashme'inan?'.
What does he mean by that? What does 'Zokekin' mean?

(a) To resolve the problems of 'Ein Nishba'in al ha'Avadim' and 'Mah she'Ta'ano, Lo Hodeh ... ', Rav Sheishes himself establishes our Mishnah like Rebbi Meir and like Raban Gamliel respectively (as we explained earlier).
What do Rebbi Meir and Raban Gamliel say?

(b) How does he resolve the problem of 'Heilech' regarding the case of ...

  1. ... Eved?
  2. ... Sadeh?
(c) What does the Tana Kama in the Mishnah in Bava Kama rule in a case where someone stole an animal or an Eved which subsequently grew old?

(d) What does Rebbi Meir say? Why is that?

(a) We reconcile this Mishnah with Rav Sheishes, who just established that Rebbi Meir holds 'Avdi ki'Metalteli Dami', by citing Rabah bar Avuhah.
How does he quote the opinions of Rebbi Meir and the Chachamim in a Beraisa?

(b) Bearing in mind that the Tana of our Mishnah also obligates a Shevu'ah in the case of Sadeh, what problem still remains?

(c) The Beraisa, largely echoing the Reisha of our Mishnah, discusses the various computations by 'ha'Machlif Parah ba'Chamor' and 'ha'Mocher Shifchaso'. In the case of 'Zeh Omer bi'Reshusi, ve'Zeh Omer bi'Reshusi', Rebbi Meir obligates the seller to swear.
Why specifically the seller?

(a) What do we try to extrapolate from the Chachamim in the previous Beraisa, who counter Rebbi Meir's S'vara with 'Ein Nishba'in Lo al ha'Avadim ve'Lo al ha'Karka'os'?

(b) How do we reject this proof? What else might the Rabbanan mean?

(c) In the Mishnah in Shevu'os, Rebbi Meir and the Chachamim argue over a case where Reuven claims that he sold Shimon ten laden vines, and Shimon argues that he only sold him five. Rebbi Meir obligates Shimon to pay ('Yesh Devarim she'Hein ke'Karka, ve'Einan ke'Karka').
What do the Chachamim say?

(d) How does Rebbi Yossi b'Rebbi Chanina establish their Machlokes?

(a) What do we prove conclusively from the Mishnah in Shevu'os vis-a-vis the opinion of Rebbi Meir?

(b) Consequently, in order to accommodate both the case of Avadim and that of Sados, we reinstate Rebbi Hoshaya's interpretation of our Mishnah, when the two parties are arguing over the Eved together with his garment and the field together with the sheaves.
How do we resolve the Kashya that we asked earlier (that we do not need this Mishnah to teach us 'Zokekin')?

(c) In the Beraisa which echoes our Mishnah, who must be the author of the statement 'Zeh Omer Eini Yode'a, ve'Zeh Omer Eini Yode'a, Yachloku'?

(d) In that case, how will Rabah bar Rav Huna, who establishes Sumchus even by 'Bari u'Bari', explain the Seifa 'Zeh Omer bi'Reshusi, ve'Zeh Omer bi'Reshusi, Yishava ha'Mocher ... '?

(e) Why is this not a case of 'Heilech'?

(a) What does the Tana of our Mishnah rule in a case where someone sells his olive-trees for firewood, and they produce ...
  1. ... less than a Revi'is (ha'Lug) per Sa'ah? Who takes the oil?
  2. ... more than a Revi'is per Sa'ah? Why is that?
(b) Who takes the oil if a river sweeps away one's olive-trees and deposits them in someone else's field, where they subsequently produce olives?

(c) To whom will the oil belong if the seller stipulated that the purchaser ...

  1. ... was to remove his trees immediately?
  2. ... could leave his trees there indefinitely?
(d) Then under what circumstances does the Tana of our Mishnah rule that if the trees produce less than a Revi'is per Sa'ah, the oil goes to the purchaser, and more, to the seller?
12) What does Rebbi Shimon ben Pazi mean when he says 'Chutz min ha'Hotza'ah'?
What is he referring to?

Answers to questions

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