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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 113

BAVA METZIA 112-115 - these Dafim have been dedicated anonymously l'Iluy Nishmas Tzirel Nechamah bas Tuvya Yehudah.


(a) We learned in our Mishnah (regarding 'Avar Zemano, Eino Nishba ve'Notel') 'Im Yesh Eidim she'Tav'o Harei Zeh Nishba ve'Notel'. How can the Tana say '*Im* Yesh Eidim ... ', seeing as he is currently claiming in Beis-Din?

(b) How do we know that the Socher did not pay, after the Sachir claimed?

(c) Does this mean that the Sachir will now be believed whenever he claims that he has not yet been paid, even years later?

(a) What does the Tana of our Mishnah say about a creditor who was not paid until after the due date had expired? What is he not allowed to do?

(b) What do we learn from the Pasuk in Ki Seitzei "ba'Chutz Ta'amod"?

(c) What does the Tana mean when he says 'Hayu Lo Sh'nei Keilim, Notel Echad, u'Mani'ach Echad'?

(d) How will this work if the Mashkon comprises a sheet and a plow?

(a) What do we learn from the Pasuk in Ki Seitzei "Hashev Teshivenu *Lo*"(in connection with a Mashkon)?

(b) Raban Shimon ben Gamliel even restricts the Din of returning it to the debtor himself.
How does he do that?

(c) Why does Raban Shimon ben Gamliel give a time limit of thirty days?

(a) What does Shmuel mean when he says in connection with a Sheli'ach Beis-Din 'Menatech Nituchi'?

(b) We extrapolate from there, 'Aval Memashkenin Lo'.
What can we extrapolate from our Mishnah 'ha'Malveh es Chavero Lo Yemashchenu Ela be'Beis-Din'?

(c) How will Shmuel amend the Mishnah in order to reconcile his own statement with the Tana?

(d) We try to prove that the Mishnah must concur with Shmuel, because, having taught us that the creditor is forbidden to enter his house ('Ein Memashkenin'), why would the Tana find it necessary to add 've'Lo Yikanes le'Beiso ... ' (unless he is referring to a Sheli'ach Beis-Din)?
How do we amend the Mishnah to refute the proof?

(a) What does the La'av ''Lo Yachbol' Rechayim va'Rachev" ...
  1. ... entail?
  2. ... imply?
(b) Why does Rav Yosef think that this La'av must pertain to the Sheli'ach Beis-Din (posing a Kashya on Shmuel)?

(c) How does Rav Papa B'rei de'Rav Nachman (or B'rei de'Rav Yosef) refute this proof too? How might this La'av pertain to the creditor (despite the prevalent La'av to take anything from his house) and not to the Sheli'ach Beis-Din?

(a) The Tana of another Beraisa learns from the fact that the Torah finds it necessary to add "ve'ha'Ish Asher Atah Nosheh Bo Yotzi", after having said "ba'Chutz Ta'amod", 'Le'rabos Shelia'ch Beis-Din'.
How do we initially establish "ve'ha'Ish" to pose a Kashya on Shmuel?

(b) And how do we establish it in order to answer the Kashya?

Answers to questions



(a) How does the Beraisa establish the double Lashon in the Pasuk "Im Chavol Sachbol Salmas Rei'echa, Lo Savo el Beiso La'avot Avoto"?

(b) How will Shmuel justify his opinion in light of this Beraisa?

(c) The Tana (who permits the Sheli'ach Beis-Din to enter the debtor's house) requires him to leave two beds and either a sheet for an erstwhile rich man or a mat for a poor one.
How many beds must he leave if the debtor has a wife and two children?

(a) The Beraisa states 'Ke'shem she'Mesadrin le'Ba'al-Chov, Kach Mesadrin be'Erchin'.
What does 'Mesadrin' mean?

(b) What is wrong with the wording of the Beraisa?

(c) What do we learn from the 'Gezeirah-Shavah' "Michah" "Michah"?

(a) The reason that the Tana requires the Sheli'ach Beis-Din to leave *two* beds is because of a statement of Shmuel. What did Shmuel say about someone who ate a bitter date on an empty stomach or who wore a wet linen belt around his loins?

(b) What is the third thing that Shmuel included in his list?

(c) So why *did* the Sheli'ach Beis-Din need to leave the debtor two beds?

(d) When that Beraisa expert cited a Beraisa 'Ke'Shem she'Mesadrin be'Erchin, Kach Mesadrin be'Ba'al-Chov', on what grounds did Rav Nachman object? According to which Tana did the Beraisa-expert learn the Beraisa?

(a) How do we know that, in the opinion of Raban Shimon ben Gamliel, one sells everything? Maybe one sells only those things that he does not need, leaving him with things that he does?

(b) The Tana Kama in a Mishnah in Shabbos considers mustard-seeds and Luf (a kind of legume) because they are not edible in their raw state.
Based on the above S'vara, why does Raban Shimon ben Gamliel permit the latter?

(c) Rebbi Shimon too, who, in a Mishnah in Shabbos, subscribes to the above opinion, permits any Jew to anoint his wounds with rose-oil, considers all Yisrael princes.
What does the Tana Kama say?

(d) And so do Rebbi Yishmael and Rebbi Akiva. The Tana Kama of a Beraisa requires a debtor who is wearing an expensive suit to sell it and to buy a cheaper one, and to use the difference to pay off his debt.
What do Rebbi Yishmael and Rebbi Akiva (in two independent Beraisos) say?

(a) Selling the debtor's expensive items and buy cheaper ones, as we initially thought according to Raban Shimon ben Gamliel is feasible with regard to the sheet and the cushion mentioned in our Mishnah.
But how would it work with regard to a plow (which were standard in those days)?

(b) According to those who hold Mesadrin (Shitah Mekubetzes), why can the creditor not argue that it is not his job to feed the debtor?

Answers to questions

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