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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 94


(a) Abaye has just listed the Tana'im who hold 'Shinuy Eino Koneh'. We have already cited Rebbi Shimon ben Yehudah (See also Tosfos DH 'Rebbi Shimon'), as well as Beis Shamai (in Perek Merubeh).
If Beis Shamai learns 'Shinuy Eino Koneh' from the Pasuk in Ki Seitzei (in connecting with Esnan Zonah) "Gam Sheneihem", 'Le'rabos Shinuyeihem', from where does Beis Hillel learn 'Shinuy Koneh?

(b) What do Beis Hillel do with the word "Gam"?

(c) Based on the Pasuk in Tehilim "u'Botze'a Beirech Ni'etz Hashem", what does Rebbi Eliezer ben Ya'akov say about someone who steals a Sa'ah of wheat, grinds it, kneads it, bakes it and separates Chalah from it?

(d) What do we prove from here?

(a) Rebbi Shimon ben Elazar in a Beraisa, states a K'lal 'Kol Sh'vach she'Hishbi'ach Gazlan, Yado al ha'Elyanoh'.
What choice does the Gazlan have?

(b) Is Rebbi Shimon referring to an article that has appreciated or one that has depreciated?

(c) How does Rav Sheishes explain this? Why does Shimon ben Elazar not force the Ganav to pay for the depreciation?

(d) In that case, why is he Patur from returning an article that has appreciated?

(a) From where do we learn that the initial obligation in giving Pe'ah is when the corn is still attached?

(b) Does the owner remain obligated to give Pe'ah after he has ...

  1. ... cut the corn?
  2. ... made it into sheaves?
  3. ... made Miru'ach? What else does the Tana stipulate in this case?
(c) Rebbi Yishmael obligates him to give Pe'ah even after he has made it into a dough.
What does the Tana Kama say?

(d) What is the basis of their Machlokes?

(a) Rav Papa asked Abaye whether all these Tana'im hold like Beis Shamai. What was his reply?

(b) Rava disagrees with Abaye's entire list.
Why is there no proof from ...

  1. ... the case of stolen dyed wool (Rebbi Shimon ben Yehudah) that 'Shinuy Eino Koneh'? Why is dyeing wool not really a Shinuy?
  2. ... the fact that one cannot bring a Korban from a changed Esnan Zonah (Beis Shamai) that 'Shinuy Eino Koneh'?
  3. ... the fact that one cannot recite a B'rachah over stolen wheat that has been made into bread (Rebbi Eliezer ben Ya'akov) that 'Shinuy Eino Koneh'?
  4. ... the fact that a Ganav does not acquire a weakened animal (Rebbi Shimon ben Elazar) that 'Shinuy Eino Koneh'?
(c) Why, according to Rava, might Rebbi Yishmael obligate the owner to leave Pe'ah from the bread, even if he holds 'Shinuy Koneh'?

(d) And why do we not learn from Pe'ah that 'Shinuy Eino Koneh'?

(a) What She'eilah did Rebbi Yonasan ask with regard to Rebbi Yishmael's reason for obligating the owner to leave Pe'ah from the bread?

(b) If his reason is because 'Shinuy Eino Koneh', what will he learn from the extra "Ta'azov" (in conection with someone who declares his vineyard Hefker and then, the next morning, he harvests the grapes)?

(c) What is the Din regarding Ma'aser?

(d) What do the Rabbanan learn from the extra "Ta'azov"?

(a) What is Rav Yehudah Amar Shmuel referring to when he rules like Rebbi Shimon ben Elazar?

(b) On the other hand, what does Shmuel mean when he says 'Ein Shamin Lo le'Ganav ve'Lo le'Gazlan'?

(c) We have no problem in reconciling this discrepancy in Shmuel according to Rava's interpretation of Rebbi Shimon ben Elazar. Why not? How does Rava interpret Rebbi Shimon ben Elazar?

(d) But how do we reconcile it according to Abaye, who establishes Rebbi Shimon ben Elazar by a permanent weakness (such as death or a broken leg)?
How do we amend Rav Yehudah Amar Shmuel's statement?

Answers to questions



(a) What does Rebbi Chiya bar Aba Amar Rebbi Yochanan learn from the Pasuk in Vayikra "ve'Heishiv es ha'Gezeilah Asher Gazal"?

(b) Then why does our Mishnah rule 'Meshalem ke'Sha'as ha'Gezeilah'?

(c) What do we extrapolate from the Mishnah in Chulin (in connection with Reishis ha'Gez) 'Lo Hispik Litno Lo Ad she'Tzav'o, Patur?

(d) How does Rebbi Ya'akov explain our Mishnah in order to establish Rebbi Yochanan like the S'tam Mishnah in Chulin?

(a) What does the Beraisa say about ...
  1. ... Gazlanim and Malvei be'Ribis who do Teshuvah?
  2. ... those who accept their offer of repayment?
(b) Rebbi Yohanan dates this Beraisa from the days of Rebbi.
What happened in Rebbi's time that prompted him to issue such a decree?
(a) What does the Beraisa say about heirs whose father left money of Ribis (interest(?

(b) What can we infer from there that poses a Kashya on the Beraisa of Rebbi?

(c) We answer that in reality, even the father would have been Patur too, and the Tana mentions the heirs because of the Seifa.
What does he say in the Seifa? In which cases will the heirs be Chayav to return the Ribis?

(a) What do we Darshen from the Pasuk in Mishpatim "ve'Nasi *be'Amcha* Lo Sa'or"?

(b) What do we ask on the previous answer, based on this D'rashah?

(c) We answer this with a statement of Rav Pinchas.
What did Rav Pinchas say (regarding another topic)?

(d) But if their father did Teshuvah, we persist, what was the forbidden article doing in his possession?

(a) Another Beraisa states 'ha'Gazlanim u'Malvei be'Ribis af-al-Pi she'Gavu, Machzirin'.
What is wrong with this statement the way it stands?

(b) How do we therefore amend the Beraisa?

(c) 'af-al-Pi she'Gavu' implies that if they had not yet claimed the interest the basic Din would nevertheless be applicable. What would the Din then be?

(d) Having just learned that we do not accept their offer anyway, what is the point of 'Machzirin'?

(a) We try to give the same answer with regard another Beraisa which states, with reference to shepherds Gaba'in and tax-collectors (who have stolen from many people) 'Teshuvasan Kashah, u'Machzirin le'Makirin'.
What problem do we have with saying there 'la'Tzeis Yedei Shamayim'?

(b) And the other problem with that answer is from the Seifa.
What does the Seifa say about stolen money whose owners they cannot identify?

(c) How does Rav Chisda explain 'Tzorchei Tzibur'?

(d) How will we now reconcile the Beraisa which permits returning money that one obtained illegally with the Beraisa of Rebbi, which forbids it?

(a) Alternatively, we can date both Beraisos after the Takanah of Rebbi, and yet the latter Beraisa obligates the culprits to return the money should they decide to do Teshuvah, on the basis of Rav Nachman.
How does Rav Nachman qualify Rebbi's Takanah?

(b) But did the Beraisa of Rebbi not speak about a belt, which was still intact?

(c) What does the Mishnah in Iduyos say about a Marish that one built into one's mansion? What is 'a Marish'?

(d) How do we reconcile Rav Nachman with the Mishnah in Iduyos, seeing as the Tana is speaking about a Marish which is still intact?

Answers to questions

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