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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 61


(a) What does our Mishnah say about a fire that crossed a stone-wall, a street or a river?

(b) How tall must the wall be to exempt the owner of the fire from liability?

(c) The street must be sixteen Amos wide.
From where do we know this?

(d) How do we reconcile our Mishnah with the Beraisa, which holds the Mazik liable if his fire crossed a wall that is four Amos tall? What is the basis of their Machlokes?

(a) When our Mishnah says that a wall of four Amos exempts the owner of the fire from paying, will it make any difference if the field is full of thorns?

(b) From where would one then measure the four Amos?

(c) Rav restricts our Mishnah to a fire that is 'Kolachas', but in the case of a 'Nichfefes', even a wall of a hundred Amos will not suffice. Assuming 'Kolachas' to be a regular fire, what is 'Nichfefes', if the hundred Amos mentioned by Rav is in contrast to ...

  1. ... the four Amah high wall in our Mishnah?
  2. ... the sixteen Amah road?
(d) Shmuel is far more lenient than Rav.
What does he say?
(a) On what grounds are we be bound to rule like Rav in the previous Machlokes?

(b) What measurement does the Tana of the Beraisa give instead of the hundred Amos of Rav?

(c) What width does the Tana there require for a river or a Shelulis?

(a) According to Rav, the river in our Mishnah is literal.
What is it according to Shmuel?

(b) What are the ramifications of their Machlokes?

(c) What does the Mishnah in Pe'ah mean when it says 've'Eilu Mafsikin le'Pe'ah'?

(d) Which two other things, besides a Nachal and a Shelulis will divide a field into two?

(a) What is a Nachal?

(b) What is the definition of a 'Derech ha'Yachid'?

(c) Rav Yehudah Amar Shmuel translates Shelulis as a place where the rain-water collects.
What does Rav Bibi Amar Rebbi Yochanan say?

(d) On what grounds does Rebbi Yochanan disagree with Shmuel?

Answers to questions



(a) Rebbi Elazar ben Azaryah exempts someone who lights a fire in his own domain, as long as it is surrounded by half a Beis Kur (almost eight hundred and seventy Amos in all directions.
Is he talking about a fire that is 'Kolachas' or Nichfefes'?

(b) According to Rebbi Eliezer, if the fire traversed sixteen Amos (see Tosfos Yom-tov), like the width of a Reshus ha'Rabim, he is Patur.
What distance does Rebbi Akiva require the fire to travel, in order to exempt the person who lit it?

(c) Rebbi Shimon disagrees with the above.
What does he learn from the Pasuk "Shalem Yeshalem ha'Mav'ir es ha'Be'eirah"?

(a) The Mishnah in Bava Basra discusses the safety measures of an oven. What is the minimum space that one should leave between the top of an oven and the ceiling?

(b) If the oven is situated in an upstairs room, how thick a layer of cement must one place between the base of the oven and the ground in the case of ...

  1. ... a Tanur (a small rhombus-shaped oven)?
  2. ... a Kiyrah (a large rectangular-shaped oven)?
(a) According to the Tana Kama of the Mishnah in Bava Basra, even after fulfilling the specified requirements, the owner is still held responsible, should his oven cause damage.
What does Rebbi Shimon say?

(b) Rebbi Shimon says in our Mishnah 'ha'Kol Le'fi ha'Deleikah'.
How do we initially interpret this (see Tosfos DH 've'Leis Leih')?

(c) How do we reconcile that statement with his opinion in the Mishnah in Bava Basra, where he does give a specific Shiur when it comes to fire?

(d) Rav Yehudah Amar Shmuel rules like Rebbi Shimon.
What does Rav Nachman Amar Shmuel say?

(a) According to Rebbi Yehudah, if someone sets fire to a haystack and the vessels that are inside it get burned too, he is Patur from paying for those vessels.
What do the Rabbanan say?

(b) We have already discussed the case in our Mishnah, where there is a kid-goat tied to the haystack and an Eved standing next to it.
Why is the Mazik liable for the kid-goat? Why is he not Patur because of 'Kam Leih bi'de'Rabah Mineih'?

(c) What would be the Din if the goat was ...

  1. ... standing beside the Eved untied?
  2. ... untied, and it was the Eved who was tied to the haystack?
  3. ... in this latter case, but assuming that the man who set fire to the Eved received no warning (in which he cannot be sentenced to death)?
(d) The Chachamim concede that if someone sets fire to a house, he must pay for the contents of the house (even though they are Tamun) as well as for the house.
Why is that?
(a) Rav Kahana restricts the Machlokes beteen Rebbi Yehudah and the Rabbanan to someone who lights a fire inside his own Reshus, and it spreads to that of his neighbor, burning his haystack.
What will then be the Din, in his opinion, if he were to set fire to his neighbor's haystack directly?

(b) Based on the Seifa of our Mishnah ('u'Modim Chachamim ... be'Madlik es ha'Birah ... '), what is Rava's objection to Rav Kahana's Chidush?

(c) So what is Rava's conclusion? What does he mean when he says 'be'Tarti P'ligi'?

(d) If he set fire to the haystack, the Rabbanan obligate him to pay for such things as 'Morigin' (What are Morigin).
On what basis do they then exempt him from liability with regard to other objects that were hidden in the haystack?

Answers to questions

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