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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 57

BAVA KAMA 57 (Rosh Hashanah) - dedicated by Rabbi Eli Turkel and his wife, Jeri. May they be blessed with much Nachas from their children and grandchildren and may all of their prayers be answered l'Tovah!


(a) What does the Beraisa say about returning a lost article to a place where the owner will see it?

(b) If it got stolen or lost, the Tana continues, the finder is liable. Why do we initially think that this presents Rabah (who holds that a Shomer Aveidah is a Shomer Chinam) with a Kashya?

(c) How does Rabah therefore establish the Seifa of the Beraisa?

(d) But how can the Tana now obligate him, when in the Reisha, he just exempted him for the same thing?

(a) Rav Yosef asks on Rabah from another Beraisa 'Le'olam Hu Chayav ad she'Yachzirenah li'Reshuso'.
What does 'Le'olam' come to include?

(b) How does Rabah reconcile his opinion with this Beraisa?

(a) If the Pasuk "Hashev ... le'Achicha" obligates the finder of a lost article to return it to the owner, why does the Torah add the word "Teshivem"?

(b) On what grounds does Rabah establish this Beraisa by an unguarded garden (though not an open one)? What is then the Kashya on Rav Yosef?

(c) Rav Yosef however, establishes the Beraisa by a guarded garden or ruin, and need to include them is based on a statement of Rebbi Elazar.
What distinction does Rebbi Elazar make between a lost article and other things that one returns?

(d) What does 'other things that one returns' incorporate, besides a thief and a robber?

4) What is the basis for Rebbi Elazar's distinction between a lost article and other things?


(a) Someone who is 'To'en Ta'anas Ganav' by a Pikadon is Chayav to pay double.
What is a 'To'en Ta'anas Ganav'?

(b) What did Rebbi Chiya bar Aba Amar Rebbi Yochanan say about a 'To'en Ta'anas Ganav' by a Shomer Aveidah?

(c) Abaye asked Rav Yosef how he would reconcile his opinion (that a Shomer Aveidah is a Shomer Sachar and therefore liable to pay when he alleges that the article was stolen) with Rebbi Yochanan.
What did he reply? How did he establish the case?

(d) And what did he reply when Abaye commented that an armed robber is a Gazlan (who does not pay double - only a To'en Ta'anas *Ganav*)?

Answers to questions



(a) What Chumra does the Beraisa state that a Shomer Chinam has over a Shomer Sachar?

(b) What Kashya does this pose on Rav Yosef's latest statement?

(c) How will Rav Yosef then explain the Beraisa?

(a) The Torah obligates a Sho'el to pay if he claims that an O'nes occurred.
From where does the Beraisa learn that he is also liable if the article got stolen or lost?

(b) What 'Pircha' do we ask on the Beraisa (particularly on the concluding words 'This is a 'Kal va'Chomer' that is 'Pircha-free')? Which Chumra does a Shomer Sachar have over a Sho'el?

(c) Why is this a Kashya on Rav Yosef?

(d) How do we refute the Pircha? What makes a Sho'el more stringent notwithstanding?

(a) In a case where Reuven rents a cow from Shimon and it is stolen, and Reuven volunteers to pay (even though he has the option to swear), what does the Beraisa rule if the thief is then found?

(b) What can we extrapolate from the fact that the Beraisa speaks about Reuven volunteering to pay?

(c) What made the Rabbanan initially establish the Beraisa by an armed robber? How do they view every Socher?

(a) We could answer the Kashya by establishing the Beraisa like Rebbi Meir. What does Rebbi Meir say?

(b) How is it possible to establish the Beraisa even like Rebbi Yehudah? How did Rabah bar Avuhah establish the Machlokes Rebbi Meir and Rebbi Yehudah?

(c) Rebbi Zeira even establishes the Beraisa like Rebbi Yehudah, who considers a Socher like a Shomer Sachar.
Seeing as we are still speaking when the Shomer alleged that the article was stolen by an armed robber, how is it then possible for the thief to have subsequently had to pay double?

(a) How does Rav qualify the Din in our Mishnah 'Naflah le'Ginah, ve'Nehenis, Meshalemes Mah she'Nehenis'? What sort of Hana'ah is the Tana referring to, according to Rav?

(b) What does Rav say in a case where the fruit that Reuven brought into Shimon's Chatzer without permission and that his animal subsequently ate, gave it diarrhea?

(c) On what grounds do we reject the suggestion that Rav here follows his reasoning there?

(d) So what did Rav really say?

Answers to questions

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