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Kollel Iyun Hadaf, Jerusalem

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Bava Kama 93


(a) Rav Chanan states that if Reuven requests from Hashem to punish Shimon, he will be punished first, and he learns it from Sarah and Avraham.
What happened there?

(b) Under which circumstances will the above not apply?

(c) What does Rebbi Yitzchak say about a Tzo'ek and a Nitz'ak?

(d) How does the Tana in a Beraisa extrapolate this from the Pasuk in Mishpatim (in connection with an Almanah and Yasom who complain to Hashem about someone who is oppressing them) "ve'Charah Api ve'Haragti Eschem"?

(a) And what does Rebbi Yitzchak say about the curse of an ordinary person?

(b) He learns this from Avimelech.
What did Avimelech mean when he said to Sarah (when he gave Avraham his parting gift) "Hinei Hu Lach K'sus Einayim"? What was his complaint?

(c) How did his curse come true?

(d) From where does Rebbi Avahu learn that it is better to be the pursued than the pursuer?

(a) We learned in our Mishnah that if Reuven asks Shimon to blind his eye or to cut off his arm 'al-M'nas Li'ftor', and Shimon complies, he remains liable to pay, whereas if he asks him to break his jar 'al-M'nas Li'ftor' and he complies, he is Patur.
How does Rabah explain the difference?

(b) What was Rabah's response, when, based on the premise that a person is not willing to forego pain any more than he is a missing limb, Rav Asi bar Chama asked him from the Beraisa 'Hikani P'tzani al-M'nas Li'ftor, Patur'?

(c) Rav Asi bar Chama himself quoted Rav Sheishes as saying 'Mishum P'gam Mishpachah', and Rebbi Oshaya learned that way, too.
What did they mean by that?

(d) Rava paraphrases Rabah.
How does he then answer Rav Asi bar Chama's Kashya?

(a) Rebbi Yochanan interprets the Mishnah differently.
According to him, who said ...
  1. ... 'al-M'nas Li'ftor?
  2. ... 'Hein'?
(b) What would Rebbi Yochanan have ruled in a case where the Nizak made the entire statement?

(c) On what grounds might we rule like Rebbi Yochanan?

(a) What does the Beraisa learn from the Pasuk "Ki Yiten Ish el Re'eihu Kesef O Keilim Li'shmor"? What does the Tana extrapolate from "Li'shmor"?

(b) How does Rav Huna reconcile this Beraisa with our Mishnah, where we learned 'Shaber es Kadi ... , Chayav'?

(c) Rabah disagrees because, he maintains, "Li'shmor" implies that the 'Shomer' already has the article in his hand.
So how does he establish the Beraisa?

(a) What did Rav Yosef do with a purse of Tzedakah that arrived in Pumbedisa? What happened to the purse?

(b) Rav Yosef obligated him to pay.
On what grounds did the trustee object?

(c) What did Rav Yosef reply? What distinction did he draw between this case and the Beraisa?

***** Hadran Alach ha'Chovel *****

Answers to questions


***** Perek ha'Gozel Eitzim *****


(a) If someone steals wood or wool and manufactures vessels or clothes, we learn in our Mishnah that he only pays for the materials that he stole.
Why is that?

(b) What will be the Din in a case where someone steals ...

  1. ... a pregnant cow or a sheep covered with wool, and the cow gave birth or he sheared the wool? What will he have to pay?
  2. ... a cow that became pregnant after he stole it, or a sheep whose wool grew after he stole it?
(c) What is the source for 'Shinuy Koneh'?
(a) What do we infer from the Lashon ' ... Eitzim ve'As'an Keilim', and 'Tzemer ve'As'an Begadim'? What would the Din then be if he stole wood and planed it, or if he bleached the wool?

(b) What does the Beraisa say about someone who stole wood and planed it, stones and smoothened them, wool and bleached it or flax and washed it?

(c) Abaye resolves the apparent contradiction by establishing our Mishnah when he stole planed wood or wool that was already spun, from which he manufactured vessels and clothes.
How does he now explain our Mishnah?
What will the Tana hold in the case of someone who stole wood and planed it, or if he stole wool and bleached it?

(d) How does he correlate the Mishnah and the Beraisa? Do they argue?

(a) Rav Ashi however, holds that the Tana of our Mishnah also deals exclusively with Shinuy d'Oraysa.
How does he interpret ...
  1. ... 'Eitzim ve'As'an Keilim'?
  2. ... 'Tzemer ve'As'an Begadim'?
(b) Do the Mishnah and Beraisa argue according to Rav Ashi?

(c) The Beraisa rules that if the owner dyes the wool before having given Reishis ha'Gez, he is Patur (because he acquires it with Shinuy).
Why is he not at least Chayav to pay for the wool that he stole?

(d) What does the Tana say in a case where he bleached the wool without dyeing it?

(a) Bearing in mind that five fleeces are needed to combine to be Chayav Reishis ha'Gez, what does the Tana of the Beraisa mean when he says 'Gaz'zo, ve'Tav'o ve'Argo, Ein Mitztaref'? What is the significance of these three things (shearing, spinning and weaving) in this context?

(b) Rebbi Shimon continues 'Libno, Ein Mitztaref'.
What do the Rabbanan say?

(c) What is the basis of their Machlokes?

(d) How does Abaye apply this Machlokes to reconcile the contradiction between the two earlier Beraisos with regard to whether bleaching as considered a Shinuy or not?

(a) According to Rava, the Beraisa which does not consider bleaching to be Koneh, might even go like Rebbi Shimon.
What distinction does Rebbi Shimon make between wool that ...
  1. ... has been unraveled by hand and wool that has been combed with a comb in this regard (according to Rava)?
  2. ... is washed in plain water, and wool that is bleached with chemicals, (according to Rebbi Chiya bar Avin)?
(b) We have learned in another Beraisa 'Gazaz Rishon Rishon, ve'Tzav'o Rishon Rishon, ve'Tav'o Rishon Rishon ve'Argo Rishon Rishon, Ein Mitztaref'. What does Rebbi Shimon ben Yehudah say quoting Rebbi Shimon?

(c) How does Abaye answer the Kashya that if dyeing wool is not Koneh, how can bleaching it be?

(a) Rava disagrees. In his opinion, the Rabbanan do not argue with Rebbi Shimon ben Yehudah (that dyeing is not Koneh according to Rebbi Shimon). Why is dyeing worse than bleaching (with regard to Kinyanim)?

(b) How will Rava then explain the Beraisa which exempts the owner from Reishis ha'Gez once he has dyed the wool?

(c) According to Abaye, what do Rebbi Shimon ben Yehudah, Beis Shamai, Rebbi Eliezer ben Ya'akov, Rebbi Shimon ben Elazar and Rebbi Yishmael all hold in common?

Answers to questions

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