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Bava Metzia 104

BAVA METZIA 101-105 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) Rav Papa establishes the first Mishnah in the Perek by both Chakirus and Kablanus, since all the arguments of the owner and the Mekabel regarding cutting or uprooting will apply equally to both.
What does he say about ...
  1. ... the current Mishnah ('Yavesh ha'Mayan')? Could it apply to a Makabel as well as to a Choker?
  2. ... the subsequent Mishnahs in the Perek?
(b) The Beraisa discusses a case where Reuven tells Shimon that he is selling him a Beis Kur of earth, a vineyard or an orchard, the sale goes through and Shimon discovers that there is only a Lesech of earth, no vines in the 'vineyard' and no pomegranates in the 'orchard'.
How much is a Lesech?

(c) What does the Tana say there?

(d) Why is the sale valid?

(a) How do we reconcile the above Beraisa with our Mishnah where, if the Choker said to the owner 'Chakor Li Sadeh Beis ha'Shalachin Zu O Sadeh Beis ha'Ilan Zeh, ve'Yavesh ha'Mayan ve'Niktzatz ha'Ilan, Menakeh Lo min Chikuro'? Why can the owner not say to the Choker that he only sold him what it was called at the time?

(b) Ravina establishes our Mishnah even where the owner was the one to stipulate.
What distinction does he then draw between our Mishnah and the Beraisa?

(a) What does the Tana of our Mishnah say about a Mekabel who leaves the field fallow?

(b) Is the Tana talking about an Aris or a Choker?

(c) What is the source of this ruling?

(d) What do we mean when we say 'Rebbi Meir (the author of our Mishnah) Hayah Doresh Lashon Hedyot'?

(a) Rebbi Yehudah too Darshened Lashon Hedyot, and so did Hillel, Rebbi Yehoshua ben Korchah and Rebbi Yossi. Based on the Lashon that was customarily inserted in the Kesuvah, what does Rebbi Yehudah rule, regarding the Korban Yoledes and Metzora that a man is obligated to bring on behalf of his wife?

(b) Is this Halachah confined to those two Korbanos?

(c) On what basis does his obligation to pay even for the Korbanos that she was already obligated, fall away, once he divorces her?

(a) What seems to have been a common occurrence in Alexandria in connection with brides under the Chupah?

(b) Why did the Chachamim consider the children who were subsequently born to be Mamzerim?

(c) On what grounds did Hillel ha'Zaken disillusion them? Why is this not considered 'Masneh al Mah she'Kasuv ba'Torah'?

(a) Rebbi Yehoshua ben Korchah Darshened the Lashon that debtors tended to insert in the Sh'tar Chov 'Tashlimta de'Is Lach Alai Kol K'veil Dichi'? What does this mean?

(b) What did he extrapolate from it?

(c) In the case of a debtor who died after the creditor had returned the Mashkon, Rebbi Yochanan permits the latter to take the Mashkon from off the backs of the heirs.
What is the Chidush? Why might we have thought otherwise?

(d) That being the case, what was the point of inserting this clause into the Sh'tar (seeing as the creditor may claim it anyway)?

Answers to questions



(a) What did Rebbi Yossi mean when he said ...
  1. ... 'Makom she'Nahagu La'asos Kesuvah Milveh'?
  2. ... 'Govah Milveh'?
  3. ... 'Li'chepol'?
  4. ... 'Govah Mechtzah'?
(b) The Neherbela'i (who, it seems, would triple the amount in the Kesuvah) would allow the Chasan to claim a third.
What did Mereimar used to claim, even though the Minhag in his town was to double the amount in the Kesuvah)?

(c) In view of what we just learned, on what grounds did he do this?

(d) Ravina assessed his daughter's Nidunyah at double its value.
What did he reply, when they asked him whether he wanted to make a Kinyan with his son-in-law?

(a) When a dying man asked those present to write four hundred Zuz for his daughter's Nedunyah, what were the two sides to the She'eilah that Rav Acha B'rei de'Rav Ivya sent to Rav Ashi?

(b) What did Rav Ashi reply? What did he consider the criterion?

(c) We conclude however 've'Lo Hi!'
What is really the criterion?

(d) What is the reason for inflating the price in the Kesuvah?

(a) In a case where the Mekabel of a field stipulated that if he left it fallow, he would pay the owner a thousand Zuz, and he left a third of the field fallow, what were the Neherda'i on the verge of ruling?

(b) On what grounds did Rava correct them?

(c) How does our Mishnah, where the Mekabel's stipulation 'Im Ovir ve'Lo A'avid, Ashalem mi'Meitva' is valid, differ from this case? Why do we not apply the Din of 'Asmachta' there too?

(a) A Mekabel sowed wheat instead of sesame-seeds.
If sesame-seeds are generally more expensive than wheat, what is the disadvantage of planting them?

(b) When the wheat harvest turned out to be as lucrative as that of sesame-seeds, what was Rav Kahana on the verge of ruling?

(c) On what grounds did Rav Ashi correct him?

(d) In a similar case, but where the price of wheat rose dramatically, to the point that it was worth even more than sesame seeds, Ravina was on the verge of ruling that the owner takes only what the sesame seeds would have brought in.
On what grounds did Rav Acha mi'Difti correct? What did he rule?

(a) What is 'Iska'?

(b) What did the Neherda'i add to the description?

(c) Who accepts responsibility for the goods, should an O'nes occur?

(d) On what grounds does Rava disagree with the Neherdai, who, based on the fact that it is half a loan, permit the borrower to use his half to purchase beer for his family?

(a) According to Rav Idi bar Avin, if the borrower dies, his heirs are permitted to keep their father's half of the goods.
What is the reason for that?

(b) On what grounds does Rava disagree with him? What is the difference between this case and regular Metaltelin de'Yasmi?

(c) What percentage of the losses does the owner accept, and what does he receive of the gains? Why is that?

(a) What does Rava subsequently say in a case where ...
  1. ... one Iska consists of two bundles? Who will lose out if they write a separate document for each bundle?
  2. ... they amalgamate two Iskas (one Manah's-worth one day, and one, the next) onto one Sh'tar? Who loses out?
(b) In the first case, assuming that each bundle was originally worth half a Manah and that one of the bundles lost five Dinrim and the other one gained fifteen, how much ...
  1. ... would the owner have gained had they amalgamated both halves of the Iska on to one Sh'tar?
  2. ... does he gain now that they wrote a separate Sh'tar for each bundle?
(c) And in the second case, assuming the same five Dinar loss to have occurred in the case of the one Iska, and the same ten Dinar gain to the other, how much ...
  1. ... would the borrower have gained had they written out two Sh'taros?
  2. ... does he gain now that they amalgamated the two Iskas into one Sh'tar?
(d) What is Rava coming to teach us with these Cheshbonos?
Answers to questions

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