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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 105


(a) We learned in our Mishnah that the Ganav does not need to take less than a Shaveh P'rutah to Madai.
How does Rav Papa in the first Lashon qualify this? In which case will the Tana concede that he is obligated to do so?

(b) What does the second Lashon say?

(c) In view of this same Mishnah, why does Rava rule that if someone stole three bundles worth three P'rutos, and paid back two of them after their total price had dropped to two P'rutos, that he remains obligated to return the third one?

(d) How do we prove this from the Mishnah above 'Gazal Chametz she'Avar Alav ha'Pesach Omer Lo Harei she'Lecha Lefanecha'? What can we infer from there that proves Rava's ruling?

(a) In a case where the Ganav stole two bundles worth a P'rutah and he returned one of them, Rava is initially unsure whether he is obligated to return the other one. He might be Patur because the one still owing is not worth a P'rutah.
Why might he nevertheless be Chayav?

(b) Initially, Rava concludes 'Gezeilah Ein Ka'an, Hashavah Ein Ka'an'.
On what grounds do we reject this?

(c) Then what does he really mean to say?

(a) How many hairs must remain on a Nazir, to require the Mitzvah of Gilu'ach?

(b) Rava asks what the Din will be if a Nazir shaves off one of the last two remaining hairs and the other one then falls out.
Why is this not really a She'eilah?

(c) What then is Rava's She'eilah?

(d) The She'eilah is similar to the previous one. On the one hand, no hairs remain, on the other, he did not perform the Mitzvah of shaving.
What does Rava conclude?

(a) Rava quotes the Mishnah in Keilim.
What does the Tana mean when he states that an earthenware barrel with a hole in it which the dregs stopped up, saves it.
What does it save?

(b) What does Rava mean when he asks 'Agaf Chetzyah Mahu'?

(c) Rav Yeimar tries to resolve Rava's She'eilah with the continuation of the Mishnah.
What does the Mishnah say in a case where the hole in the barrel was stopped up with ...

  1. ... a branch?
  2. ... two branches?
(d) On what grounds does Rav Ashi reject Rav Yeimar's proof from the fact that one needs to cement the gap in between the two branches that the hole must be stopped up properly (and that the fact that the hole no longer has the Shiur is insufficient?
Answers to questions



(a) We already learned that if someone stole Chametz before Pesach, he can say to the owner after Pesach 'Harei she'Lecha Lefanecha'. Rava asks what the Din will be if the Ganav swears that he did not steal it, after the Chametz became forbidden.
Why might he be Chayav a Chomesh and an Asham, despite the fact that the Chametz has no intrinsic value?

(b) What does Rabah say about Reuven who claims that Shimon stole his ox and Shimon replies that he did not (and swears accordingly), but that he is ...

  1. ... a Shomer Chinam on it?
  2. ... a Shomer Sachar on it?
  3. ... a Sho'el on it?
(c) What do we see from here?
(a) What does the Beraisa learn from the Pasuk in Vayikra "ve'Chichesh Bah"?

(b) To reconcile Rabah with the Beraisa, how do we establish ...

  1. ... the Beraisa?
  2. ... Rabah?
(c) Among the cases that the Tana cites are 'Atah Mecharto Li, Atah Nesato Li, Avicha Nasno Li and To'eh ba'Derech Metzasiv'.
How can one include in 'Modeh be'Ikar' ...
  1. ... 'Atah Mecharto Li', which is not an admission?
  2. ... 'Atah Nesato Li, Avicha Nasno Li', which is not an admission either?
(d) 'To'eh ba'Derech Metzasiv'.
Then why did he take it home? Why did he not return it?
(a) Ben Azai lists three cases regarding Shevu'as ha'Eidus.
What is Shevu'as ha'Eidus?

(b) How many witnesses is ben Azai's talking about?

(c) The first case is when the potential witness claimed and swore that he recognized the animal but not the owner, and the second, the reverse.
Why can the third case not be when he recognized neither?

(d) Then what is the third case?

(a) The above Machlokes Amora'im is connected to a Machlokes Tana'im. The Tana Kama in the Beraisa holds 'ha'Mashbi'a Eid Echad, Patur.
What does Rebbi Elazar b'Rebbi Shimon say?

(b) If the basis of their Machlokes is whether 'Davar ha'Gorem le'Mamon ke'Mamon Dami' or not, how will we then explain ...

  1. ... the Tana Kama?
  2. ... Rebbi Shimon ben Elazar?
(a) What does Rav Sheishes say about a Shomer Chinam who denies the Pikadon?

(b) We try to prove his opinion from a Beraisa. The Tana there, learns the punishment of a Shomer Chinam who denies that he is a Shomer from the words "ve'Chichesh Bah".
What does he learn from "ve'Lo Sechachashu"?

(c) What punishment do we initially think the Tana is referring to?

(d) What are we trying to prove from here? what do we think the Tana means by 'Onesh'?

(a) We reject the proof for Rav Sheishes from the Beraisa however, by establishing the case by 'Onesh Shevu'ah'.
On what grounds do we query this from the Seifa?

(b) What does the Seifa learn from the Pasuk ...

  1. ... "ve'Nishba al Sheker"?
  2. ... "Lo Seshakru"?
(c) Nevertheless, we establish the Reisha too, where the Shomer swore.
Why does the Tana find it necessary to present two cases of where he swore (like we just asked)?

(d) What is the difference between the Onesh in the Reisha and the Onesh in the Seifa?

(a) Another Beraisa discusses 'she'Kenegdo Chashud al ha'Shevu'ah'.
What is the Chidush of 'she'Kenegdo Chashud'?

(b) The Tana gives three examples of a Chashud. He refers to cases of Shevu'as ha'Eidus and of Shevu'as ha'Pikadon.
What is the third example?

(c) In what way is Shevu'as Shav different than the other two cases?

(d) What Kashya does Rami bar Chama ask from this Beraisa on Rav Sheishes?

(a) We answer Rami bar Chama's Kashya by establishing the Beraisa when the ox was standing in a meadow.
How does that vindicate Rav Sheishes?

(b) And we support this answer with a statement by Rav Idi bar Avin.
What did Rav Idi bar Avin say about someone who denies ...

  1. ... a loan?
  2. ... a Pikadon?
(c) On what is the difference between the two cases based?
Answers to questions

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