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Bava Metzia 106

BAVA METZIA 106-108 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) We ask what the Din will be if the owner instructed the Mekabel to plant wheat, and he planted barley, and most of the fields (wheat and barley) in that valley were stricken too.
On what grounds might ...
  1. ... the Mekabel argue that this is a Makas Medinah, even though he changed from the owner's instructions?
  2. ... the Mekabel nevertheless be obligated to pay the owner in full? Which Pasuk in Iyov might the owner be entitled to quote?
(b) Which side of the She'eilah do we accept?
(a) We then ask what the Din will be in a case where ...
1. ... the field in question suffered draught, the other fields in the neighborhood did not, but all the other fields belonging to the owner were stricken too. If the Mekabel can argue that it must be the owner's Mazel (seeing as all his fields suffered), what can the owner, based on the Pasuk in Yirmiyah "Ki Nish'arnu Me'at me'Harbeh", counter?
2. ... the field in question suffered draught alongside the other fields in the area, but so did all the Mekabel's other fields, wherever they were. Why, in spite of the fact that most of the fields in the area were stricken too, might this not be considered a Makas Medinah? How can the owner counter this claim?
(b) Why in this last case, can the Mekabel not counter "Ki Nish'arnu Me'at me'Harbeh" (like the owner did in the previous case)?

(c) How do we conclude regarding this last She'eilah?

(a) If someone sells a field in the time when the Yovel is practiced, after how long is the seller permitted to redeem it from the purchaser?

(b) What does the Beraisa say about someone who sold a field during a time of draught, or during the Sh'mitah-year? Which other case does the Tana include in this list?

(c) From where do we know that the Tana is speaking about when there is no produce at all in the entire land?

(d) What do we extrapolate from here which poses a Kashya on our previous interpreting of Makas Medinah?

(a) To answer the Kashya, Rav Nachman bar Yitzchak quotes the Pasuk in Behar "be'Mispar Sh'nei Tevu'os Yimkor Lach".
What do we learn from there? How does this answer the Kashya?

(b) Then why is the Shemitah-year not counted, Rav Ashi asked Rav Kahana, seeing as there is produce in Chutz la'Aretz?
What did he reply?

(a) Somebody who declares his field Hekdesh and then comes to redeem it, pays a Sela and a Pundeyon per Beis Sa'ah, for each year until the Yovel. How do we arrive at this figure?

(b) If a field in the Shemitah is considered non-existent in this regard, then why is it deducted from the price when somebody declares his field Hekdesh and then comes to redeem it?

(c) How do we know that it is deducted from the price?

(a) How does Shmuel qualify the Din of Makas Medinah? In which case does he obligate the Choker to give the owner his due even in a case of Makas Medinah?

(b) What is the significance of the Pasuk in Tehilim "Lo Yevoshu be'Eis Ra'ah u'vi'Yemei Re'avon Yisba'u" in this regard?

(a) What does the Beraisa say about a shepherd who forsook his flock to go to town, and whilst he was away, a wolf or a lion killed one of the sheep?

(b) In view of what we just said, why can the owner not hold him liable on the grounds that, had he been there, he might have saved the flock in a miraculous way (like David Hamelech did when he was a shepherd)?

(c) What do we mean when we refer to the miracle that occurred with Rebbi Chanina ben Dosa?

(d) This answer however, is not satisfactory.
How could the owner have countered the shepherd's argument?

Answers to questions



(a) One Beraisa obligates the Mekabel to sow the field again the following year, after the locusts ate the crops, but not a third year.
What does a second Beraisa say?

(b) We reconcile the two Beraisos by establishing them like Rebbi and Raban Shimon ben Gamliel respectively.
Over what do Rebbi and Raban Shimon ben Gamliel argue?

(c) What is the basis of their Machlokes?

(d) What does Resh Lakish say in a case where the Mekabel sowed a field and the crops did not grow, even at a time when the other fields in the area were ravaged by locusts?

(a) According to Rav Papa, this applies up to the time that the Arisim come in the from the fields and Kiymah is in the middle of the sky.
What is 'Kiymah'?

(b) To which month does this apply?

(c) How long does it take from the time the Mazel first appears on the horizon until it is completely in the sky?

(d) Which Mazel appears at dawn-break during the month of ...

  1. ... Nisan?
  2. ... Adar?
(e) How do we arrive at the conclusion that Kiymah is completely in the middle of the sky at the end of the tenth hour in the month of Adar?
(a) The Tana'im divide the year into six seasons, of which the first, third and fifth are Zera, Kor and Kayitz.
Which season follows ...
  1. ... Zera?
  2. ... Kor?
  3. ... Kayitz? Why is mid-summer called 'Kayitz'?
(b) If Choref and Kayitz are at opposite ends of the spectrum (mid-winter and mid-summer respectively), what is at the opposite end of ...
  1. ... Zera?
  2. ... Kor?
(c) According to Raban Shimon ben Gamliel quoting Rebbi Meir and Rebbi Shimon ben Menasyah, the first season (Zera [as told to No'ach]) begins in the middle of Tishri; whereas according to Rebbi Yehudah, the Zera season begins two weeks earlier, at the beginning of Tishri.
What does Rebbi Shimon say?

(d) How do we then reconcile Rav Papa, who just gave the time for Zera as Adar, with this Beraisa? What is 'Charfi' and what is 'Afli'?

(a) What happened in the case of a Choker who undertook to plant garlic on the banks of the River Malka Saba?

(b) Why should this affect his Chakranus at all?

(c) What did Rava rule there?

(d) What did Rava reply, when the Rabbanan queried him from Rebbi Yehudah in our Mishnah, who precludes a Choker who pays money from the Din of Makas Medinah?

(a) Our Mishnah rules that if the crops were stricken in any way, the Mekabel is entitled to pay the owner from the inferior crops themselves. Is the Tana talking about Kablanus of Chakirus?

(b) Should the field yield superior-quality crops, is he entitled to pay the owner with regular crops that he purchased from the market?

(a) What is the advantage of planting Aspasta (which is used as animal fodder)?

(b) What did that Mekabel who undertook to plant Aspasta but to pay the owner barley, do? What happened subsequently?

(c) What did Ravina tell Rav Chaviva mi'Sura, who thought that this might be compared to our Mishnah, which permits the Choker to pay with the stricken crops?

(d) In another case, where a Choker undertook to pay the owner ten barrels of wine from the vineyard that he had been Choker, and the wine turned sour.
What did Rav Ashi point out, when Rav Kahana comparing this case to our Mishnah, wanted to permit the Choker to pay the owner with the stricken wine?

(e) Under which circumstances would Rav Ashi concede to Rav Kahana?

(a) The Tana Kama of our Mishnah permits a Mekabel who undertook to plant barley, to plant wheat, but not vice-versa.
Why is that?

(b) Is the Tana speaking about Kablanus or Chakirus?

(c) Why does he also forbid changing from produce to legumes, but permit the opposite?

(d) What does Raban Shimon ben Gamliel say in both cases?

(a) How does Rav Chisda apply the Pasuk in Tzefanyah "She'eiris Yisrael Lo Ya'asu Avlah ve'Lo Yedabru Chazav ... ", in connection with our Mishnah?

(b) We already discussed the Beraisa 'Mageves Purim le'Purim, ve'Ein Medakdekin be'Davar' in 'ha'Socher es ha'Umnin'.
What does Raban Shimon ben Gamliel say?

(c) Abaye resolves the apparent contradiction in the two statements of Raban Shimon ben Gamliel by citing Mar.
Who is Mar? What does he say about sowing one year wheat and the next year, barley, or one year from east to west, and the next, from north to south?

(d) How does this explain Raban Shimon ben Gamliel in our Mishnah?

(e) In which case would even Raban Shimon ben Gamliel permit a change from wheat to barley or from legumes to produce?

Answers to questions

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