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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 95


(a) The Beraisa discusses a case when someone steals a sheep which is ith wool or which is pregnant, and the animal is subsequenntly shorn or gives birth. According to Rebbi Meir, the Ganav must return everything to the owner.
Does this necessarily mean that Rebbi Meir holds 'Shinuy Eino Koneh'?

(b) What difference does it make whether Rebbi Meir's reason is because of 'Shinuy Eino Koneh' or because of K'nas?

(c) Rebbi Yehudah says 'Gezeilah Chozeres be'Einehah'.
What does he mean by that? What does he hold?

(d) What does Rebbi Shimon say? Does he basically agree with Rebbi Meir or with Rebbi Yehudah?

(a) In a case where someone steals an animal or Avadim and they grow old, the Tana Kama of the Mishnah (later in the Perek) rules 'Meshalem ke'Sha'as ha'Gezeilah'.
Why is that?

(b) What does Rebbi Meir say?

(c) We infer from the fact that he confines this ruling to Avadim, that with regards to the animal he agrees with the Tana Kama.
If that is so, what makes Avadim different?

(a) What have we proved, according to this interpretation of Rebbi Meir?

(b) How do we refute this proof? What does he really hold in the case of the stolen animal?

(c) And what do we mean when we say 'Rebbi Meir le'Divreihem de'Rabbanan Ka'amar Lehu'?

(d) And what did the Rabbanan's reply?

(a) We will learn in another Mishnah later, that if Reuven gives Shimon a garment to dye red and he dyes it black, or vice-versa, Rebbi Meir obligates Shimon to pay only the value of Reuven's wool.
What do we finally prove from there?

(b) How do we alternatively arrive at the same conclusion by citing Rav's version of the previous Mishnah ('Gazal Beheimah ve'Hizkiynah ... ')? What does Rav do with that Mishnah that enables us arrive at this decision?

(c) In fact, on account of Rav's version of the Mishnah, that was not the She'eilah in the first place.
What then, was the She'eilah?

(a) The Beraisa discusses Peyros, Sh'vach Peyros, ha'Mekabel Alav La'zun ben Ishto, u'bas Ishto, Get Chov she'Ein Bo Achrayus and Kesuvas Ishah she'Ein Bo Ach'rayos.
What do all these cases have in common?

(b) What are 'Peyros' and 'Sh'vach Peyros'?

(c) Seeing as the purchaser claims the Keren from Meshubadim, why may he not do likewise regarding the Peyros and Sh'vach Peyros?

(d) The same reason pertains to the third case ('ha'Mekabel Alav La'zun ben Ishto ... ').
What is the reason for the last two cases in the Beraisa ('Get Chov she'Ein Bo Achrayus and Kesuvas Ishah she'Ein Bo Ach'rayos')?

(a) How do we know that the author of the Beraisa must be Rebbi Meir?

(b) How do we attempt to resolve our current She'eilah (whether the Chachamim extended the K'nas to Shogeg as well or not) from this Beraisa?
Who is the Shogeg?

(c) How do we establish the Beraisa in order to refute this suggestion?

Answers to questions



(a) The Mishnah later discusses the Din with regard to Shimon, who dyed Reuven's garment black instead of red, or vice-versa.
How much is Shimon obligated to pay, according to Rebbi Meir?

(b) What does this prove?

(a) We learned in the Beraisa above 'Rebbi Yehudah Omer, Gezeilah Chozeres be'Eineihah. Rebbi Shimon Omer, Ro'in Osah Ke'ilu Hi Shuma Etzlo be'Kesef'. What do both Tana'im hold regarding Shinuy?

(b) According to Rav Z'vid, they argue over a case where the stolen animal's value increased (e.g. it became pregnant) whilst in the domain of the Ganav. What does each Tana now hold?

(c) Rav Papa disagrees.
What does Rebbi Yehudah hold, according to him, with regard to 'Sh'vach she'al-Gabei Gezeilah?

(d) What does he then mean when he establishes their Machlokes by 'le'Mechtzah, li'Shelish ve'li'Revi'a'?
What will be the Din, according to ...

  1. ... Rebbi Yehudah?
  2. ... Rebbi Shimon?
(a) We learned in our Mishnah 'Gazal Parah ve'Nis'abrah Etzlo ve'Yaldah ... Meshalem ke'Sha'as ha'Gezeilah'.
What can we infer from this?

(b) With which Tana, according to which Amora, does this inference concur?

(c) How will Rav Papa explain this Mishnah, which appears to go neither like Rebbi Yehudah nor like Rebbi Shimon? What does he do with the inference?

(d) And what is the Chidush of 'Yaldah' in the Reisha?

(a) We support Rav Papa's opinion with a Beraisa.
What does the Tana there say?

(b) What She'eilah did Rav Kahana ask Rav Ashi and his colleagues when they were learning by him, regarding the means of payment according to Rebbi Shimon?

(a) What did Rav Nachman Amar Shmuel say that 'Bechor le'Pashut, Ba'al-Chov le'Loke'ach and Ba'al-Chov li'Yesomim' have in common?

(b) What are all three claiming?

(c) What is the case of 'Bechor le'Pashut'?

(d) How did Rav Ashi resolve Rav Kahana's She'eilah from here (see Tosfos DH 'Sheloshah')?

(a) Ravina queries Rav Ashi regarding a discrepancy in Shmuel.
What does Shmuel mean when he says 'Ba'al-Chov Govah es ha'Shevach'?

(b) How does Rav Ashi reconcile this statement with Shmuel's previous ruling, where he obligated the Ba'al-Chov to compensate the purchaser?

(c) Under which circumstances then, did Shmuel regularly claim even Sh'vach ha'Magi'a li'Kesafim from the purchaser without compensation (and when did he not)?

(a) One opinion holds that a purchaser is obligated to give the creditor specifically the portion of land that is Meshubad to him, and not money. What do others say?

(b) What problem does this second opinion pose on Shmuel's previous ruling (that the creditor is permitted to compensate the purchaser with money)?

(c) How does Rav Ashi establish the case to answer Ravina's Kashya?

Answers to questions

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