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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 100



(a) Rav Yosef quotes a Beraisa which explains the Pasuk in Yisro "ve'Hoda'ata Lahem es ha'Derech Asher Yeilchu Bah ve'es ha'Ma'aseh Asher Ya'asun". "ve'Hoda'ata Lahem", 'Zeh Beis Chayeihem'. 'Beis Chayeihem' refers to - Torah-study (or earning one's livelihood).

(b)The Tana learns from "es ha'Derech", 'Zu Gemilus Chasadim'. From ...

1. ... "Yeilchu" - he learns the Mitzvah of Bikur Cholim ...
2. ... from "Bah" - the Mitzvah of burial.
(c) He learns from "ve'es ha'Ma'aseh", 'Zeh ha'Din', and from "Asher Ya'asun" - the Mitzvah to go 'Lif'nim mi'Shuras ha'Din'.

(d) Having taught Gemilus Chasadim, Yisro nevertheless found it necessary to add ...

1. ... Bikur Cholim, to teach us - that even a ben Gil (someone born under the same Mazal, who takes one sixtieth of the patient's illness) is obligated to perform the Mitzvah.
2. ... Kevurah, to teach us - that even an elder, who is exempt from acts of kindness which are below his dignity that pertain to the living, is obligated to perform this Mitzvah.
(a) When Resh Lakish handed Rebbi Elazar (who was a banker - see Tosfos DH 'Achvi Dinar') a coin to examine, he said 'See, I am relying on you'.

(b) Rebbi Elazar cited Resh Lakish himself who connected this - with Rebbi Meir's 'Diyna de'Garmi'.

(c) He queried Resh Lakish on the grounds - that his statement 'Rebbi Meir Hu de'Da'in Diyna de'Garmi' implies that this is Rebbi Meir's individual opinion, but that he himself does not abide by it.

(d) Resh Lakish replied - that in this case, he both quoted Rebbi Meir and held like him.

(a) Rebbi Meir says that if a Dayan vindicates the guilty party, obligates the innocent party, declares Tamei what is Tahor or Tahor what is Tamei - what he did is done, and he is liable.

(b) This Mishnah cannot be Rebbi Meir's source for 'Diyna de'Garmi', because of Rebbi Ila'a Amar Rav, who establishes Rebbi Meir - when the Dayan actually did the damage with his hands (Nasa ve'Nasan be'Yad), whereas we are speaking about verbal damage.

(c) 'Nasa ve'Nasan be'Yad applies to the case of ...

1. ... 'Zikah es ha'Chayav' - when he took the security from the creditor and returned it to the debtor.
2. ... 'Chiyev es ha'Zakai' - when he took money from the debtor and handed it to the creditor.
3. ... 'Timei es ha'Tahor' - when he took a Sheretz and threw it on the Taharos, to demonstrate that it really was Tamei (even though initially, it was not).
4. ... 'Tiher es ha'Tamei' - when he picked up the Tamei fruit, and (in order to demonstrate that they were really Tahor [though initially, they were not]), he mixed them with other Tahor fruit belonging to the same owner.
(a) According to Rebbi Meir in the Mishnah ...
1. ... later on the Daf ' ... li'Tzevo'a Lo Adom, ve'Tzav'o Shachor, Shachor, ve'Tzav'o Adom' - the dyer must pay the owner for his wool.
2. ... in the Mishnah in Kil'ayim 'ha'Mesachech Gafno al-Gabei Tevu'aso shel Chaveiro' - both are forbidden and the Mazik is obligated to pay.
(b) Neither of these Mishnayos be Rebbi Meir's source for Diyna de'Garmi' - because in both cases, the Mazik performed the damage with his hands, as we explained with regard to the Mishnah 'Dan es ha'Din ... '.
(a) His source for 'Diyna de'Garmi' is actually a Beraisa, where, in the case where the partition wall dividing between his vines and his neighbor's crops became breached - the Tana quote the latter as requesting the former (see Tosfos DH 'Omer Lo Gedor') to repair the breach, and, should the breach occur again, to repeat the request.

(b) Both the vines and the crops become Kil'ayim - if the crops increase by one two hundreth (before he begins to repair the breach).

(c) Rebbi Meir rules that if the owner of the vineyard fails to respond to the two warnings, both become forbidden - and that the Mazik is liable, proving conclusively that he holds 'Diyna de'Garmi'.




(a) Our Mishnah rules that if a dyer burns the wool that he has been given to dye, he must pay for the wool. The Tana does not obligate him to pay the Sh'vach, like he does in the following case - because the Tana is speaking when the wool burned immediately, in which case there is no Sh'vach (as we learned earlier in the Perek).

(b) If he succeeded in dyeing the wool, but made a poor job of it, the owner pays the dyer ...

1. ... his expenses - if they amount to less than the Sh'vach (the amount that the wool increased in value due to the dyeing).
2. ... the Sh'vach - if it amounts to less than the dyer's expenses.
(c) The dyer does not pay the owner for his wool, like he did in the previous case - because, on account of the fact that the dyer did not deviate from his instructions, there is no Shinuy, in which case there is no reason for him to acquire the wool.
(a) According to Rebbi Meir, if the owner gave the dyer the wool in order to dye it red and he dyed it black or vice-versa, the dyer pays for the wool, as we have already learned a number of times - because he is Koneh it with Shinuy.

(b) Rebbi Yehudah says - that the owner takes his wool and pays for whichever is less of the Sh'vach or the expenses.

(c) Despite the fact that Rebbi Yehudah too, agrees that Shinuy is Koneh, he nevertheless argues with Rebbi Yehudah - on the basis of a K'nas which, he maintains, Chazal imposed on the dyer (for changing from his instructions), denying him the possibility of deriving benefit from the improvement.

8) We learned in our Mishnah that, if the dyer made a poor job of the dyeing, then he pays the lesser of the improvement of the wool and the dyer's expenses. Rav Nachman Amar Rabah bar Shmuel explains the Lashon 'Tzav'o Ka'ur' to mean Kalbus, which the latter explained as 'Kafra Dudi' - which when translated, means 'the cleansing of the cauldron', and which refers to the dyes that remained in the cauldron from the previous dyeing (and which the dyer used in this case, to dye the wool).

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