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Kollel Iyun Hadaf, Jerusalem

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Bava Kama 62

BAVA KAMA 62 (Yom Kipur) - Dedicated by Rabbi and Mrs. Kornfeld in honor of the Bat Mitzvah of their daughter, Malkie. May she grow in Yir'as Shamayim and follow in the ways of her illustrious grandparents and ancestors!


(a) The Beraisa cites the Machlokes between Rebbi Yehudah and the Rabbanan regarding Tamun ba'Eish, and distinguishes between where the Mazik lit the fire in his own domain and where he set fire to the Nizak's haystack directly, as we just discussed.
How will Rava interpret the statement 'Aval Madlik be'Soch shel Chaveiro, Divrei sha'Kol Meshalem Mah she'be'Socho'?

(b) What does Rebbi Yehudah in the Beraisa rule in a case where Reuven lends Shimon a location to pile up a wheat-stack, and he ...

  1. ... breaks the condition and piles up a barley-stack or vice-versa.
  2. ... piled up a wheat-stack but overlaid it with barley, or vice-versa?
(c) What distinction does Rava make between a woman who damaged a golden Dinar which she was given to look after, and which she was told was silver, and a woman whose carelessness resulted in the coin getting lost?

(d) How did Rav Mordechai extrapolate this latter Halachah from the previous Beraisa?

(a) What was Shmuel referring to when he asked with surprise why Aba did not know what he had heard concerning the opinion of Rebbi Yehudah? Who was Aba?

(b) Shmuel supplied the required information.
What did he mean when he said that according to Rebbi Yehudah ... 'Asu Takanas Nigzal be'Isho'?

(c) And what did Ravina mean when he asked whether they made Takanas Nigzal by a Masur or not?

(d) This She'eilah is confined to those who judge 'Diyna de'Garmi' (what is 'Diyna de'Garmi')? Why would it not work according to those who don't?

(a) How do we initially interpret Rav Ashi's dilemma in the case where Reuven knocked Shimon's money-box out of his hand and into the river?

(b) Why did Rav Ashi not derive the ruling in this case from Rebbi Yehudah in the above Mishnah 'u'Modim Chachamim le'Rebbi Yehudah be'Madlik es ha'Birah ... she'Kein Derech B'nei Adam Le'hani'ach be'Batim'? In what way did Rav Ashi's case differ from that of the Mishnah?

(c) What is the outcome of both the She'eilah of Ravina and that of Rav Ashi?

(a) Rav Yeimar asked Rav Ashi whether we will believe the Nizak whose house was burned down if he claims that he had kept a silver goblet in the house, which got burned too. He replied that we believe him as long as he meets one of two conditions.
Which conditions?

(b) Rav Ada Brei de'Rav Ivya asked Rav Ashi to define the difference between a Gazlan and a Chamsan.
What did Rav Ashi reply?

(c) What did Rav Huna say about 'Talyuhu ve'Zavin'?

(d) How did Rav Ashi go on to reconcile his description of a Chamsan with Rav Huna, who seems to give someone who does this a semblance of respectability? So how can Rav Ashi refer to him as a 'Chamsan' (which the Torah equates with a Gazlan - see Tosfos 'Mah Bein')?

Answers to questions



(a) Is a blacksmith liable for sparks that fly from his hammer as he strikes the anvil, and cause damage?

(b) The Tana of our Mishnah obligates the owner of the camel to pay for the damage, if his camel is walking down the street, and the bail of flax that it is carrying enters a store, catches fire on a burning candle, and sets fire to the entire building.
What will be the Din if the store-keeper placed his candle outside the store, according to ...

  1. ... the Tana Kama?
  2. ... Rebbi Yehudah?
(c) How does Ravina extrapolate from Rebbi Yehudah that Lechatchilah one is obligated to place one's Ner Chanukah lower than ten Tefachim?

(d) How do we reject Ravina's proof? If it is not a Mitzvah to place the Ner-Chanukah higher than ten Tefachim, then why do we not hold him responsible for damages that it caused below the height of a camel and its rider?

(a) Which Halachah did Rav Kahana, quoting ... Rebbi Tanchum Darshen concerning the height of Ner Chanukah?

(b) What is the reason for this?

(c) In which two other areas of Halachah will we find the same restriction?

***** Hadran Alach, ha'Ko'nes *****

***** Perek Merubeh *****


(a) In which regard does the Tana of our Mishnah describe the Midah of paying double as being more common than that of four or five times?

(b) What do we extrapolate from the Pasuk "ve'Gunav mi'Beis ha'Ish"?

(c) Does Shimon have to pay four or five times for Shechting or selling the ox or the sheep that Reuven stole?

(a) What did Rebbi Chiya bar Aba Amar Rebbi Yochanan say about a To'en Ta'anas Ganav by a Pikadon ...
  1. ... who is found to have sworn falsely?
  2. ... who then Shechts or sells the ox or the sheep?
(b) What would we otherwise have thought had Rebbi Yochanan not made this statement?

(c) How do we prove Rebbi Yochanan correct from our Mishnah?

(d) In the second Lashon, we reject this proof.
On what grounds do we reject it?

(a) The Beraisa discusses the details of the Shevu'ah required by a Shomer Sachar when he alleges that the article was stolen or lost. What does the Tana learn from the 'K'lal u'P'rat u'Ch'slal' - "Al Kol D'var Pesha: Al Shor al Chamor al Seh ve'Al Salmah: al Kol Aveidah"? Which two specifications are required before he swears?

(b) On what basis do we now preclude ...

  1. ... Karka'os from a Shevu'ah?
  2. ... Avadim"
  3. ... Sh'taros?
(c) The Tana also precludes Hekdesh.
What is his source for that?
(a) What does the Tana attempt to preclude, based on the fact that, out of all living creatures, the 'P'rat' lists only Shor, Chamor and Seh?

(b) Why is the fact that the Torah adds 'Salmah' not sufficient justification to include birds?

(c) What do we mean when we say 'de'Ha Kol ve'Chad K'lal u'P'rat be'Apei Nafsheih Darshinan'?

Answers to questions

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