REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Kama 106
BAVA KAMA 106 (24 Cheshvan) - dedicated by Dr. Moshe and Rivkie Snow to the
memory of Rivkie's father, the Manostrishtcher Rebbe, Hagaon Rav Yitzchak
Yoel ben Gedaliah Aharon Rabinowitz Ztz"l. The personification of a Torah
scholar, the Rebbi was born in Uman (Ukraine) but lived most of his life in
Brooklyn, NY, where his warm ways changed many lives.
(a) According to Rav Sheishes, who holds that a Shomer who denies that he is
a Shomer, we might establish Ilfa, who says 'Shevu'ah Koneh', when the
animal is standing in the meadow, as we just explained.
What are then the
ramifications of 'Shevu'ah Koneh'?
(b) Alternatively, we might establish it like Rav Huna Amar Rav.
Rav Huna Amar Rav say about a Shomer who denies that he has the money that
the owner is claiming from him and swears accordingly, should witnesses
subsequently substantiate the owner's claim?
(c) From where does he learn this?
(d) What are the ramifications of 'Shevu'ah Koneh' according to this
(a) On what grounds does Rava restrict Rav Huna Amar Rav's ruling to a loan,
but not to a Pikadon?
(b) So how does he know that this is not what Rav Huna Amar Rav really said?
(c) And does Rav's Din extend even to a case where the trustee later admits
that he swore falsely?
(a) Rav Acha bar Minyumi asked Rav Nachman on this from a Beraisa.
Tana there cites a case where after the trustee swore that the deposit got
lost, witnesses testified to the contrary, and rules that he is liable to
Why does he not pay Kefel?
(b) And what does the Tana rule in the case where the trustee admits that he
(c) How does Rav Nachman initially reconcile the Reisha of the Beraisa
(which obligates the trustee to pay Keren even after he swore falsely) with
Rav Huna Amar Rav?
(d) What is then the problem with the Seifa, which speaks about the
equivalent case as in the Reisha, but where the trustee claimed that the
money was stolen (as opposed to lost), and which obligates him to pay Kefel?
(a) To answer this Kashya, why does Rav Nachman prefers not to establish the
Reisha when he swore outside Beis-Din (like he just explained) and the
Seifa, when he swore inside?
(b) He therefore establishes both cases inside Beis-Din.
Then back comes
the Kashya on Rav.
Why, in the Reisha, is he Chayav to pay at all? Why
does he not acquire the money with his Shevu'ah?
(c) Rami bar Chama asked Rav Nachman, who disagrees with Rav Huna Amar Rav,
why he bothered to explain the Mishnah according to him.
What was his
(d) If Rav Nachman disagrees with Rav, how does he then explain the Pasuk
"ve'Lakach Be'alav ve'Lo Yeshalem"?
(a) Rav Hamnuna asks on Rav from the Beraisa, 'Hishbi'a Alav Chamishah
Pe'amim, Bein bi'Fnei Beis-Din Bein she'Lo bi'Fsnei Beis-Din ve'Kafar Alav,
Chayav al Kol Achas ve'Achas'.
What is he Chayav (assuming he confessed
to each one)?
(b) Why, according to Rebbi Shimon there, is he Chayav?
(c) The Beraisa is clearly speaking in Beis-Din (because 'Hishbi'a Alav' [as
opposed to 'Hishbi'o'] implies the Beis-Din and not the owner), so we cannot
establish it outside Beis-Din, as we did the earlier Beraisa.
How does Rav
Hamnuna himself therefore interpret ...
- ... 'Bein Bifnei Beis-Din'?
- ... 'Bein she'Lo Bifnei Beis-Din'?
(a) What does another Beraisa say about a To'en Ta'anas Ganav who swore and
(b) Why can this Beraisa not be speaking either when he jumped and swore in
Beis-Din, or when he swore outside Beis-Din?
- ... before witnesses testified against him?
- ... after witnesses testified against him?
(c) So how does Rava finally reconcile these Beraisos with Rav?
(a) Where the trustee admitted that he had sworn falsely, we just concluded,
even Rav concedes that he is Chayav to pay, should witnesses testify against
him, irrespective of whether it is a case of To'en Ta'anas Ganav or To'en
Ta'anas Avad. The reason that Rav concedes by To'en Ta'anas Avad is because
the Torah writes "ve'Hisvadu".
What is the reason by To'en Ta'anas Ganav?
(b) So which is the sole case where Rav holds that he acquires the deposit
and is Patur?
(c) When Rav Gamda told this explanation to Rav Ashi, he objected.
on Rav Hamnuna's earlier Kashya, what was the basis of his objection?
(d) To whom does Amri Bei Rav refer?
(a) Rav Acha Saba therefore reinterprets Rav Hamnuna's Kashya. In fact, it
is not the fact that he could admit that makes it Mamon (as we initially
interpreted Rebbi Shimon).
Answers to questions
Then what is he asking? What is it that makes
(b) And why is he not Patur because of the principle 'Ein Shevu'ah Chalah al
(c) Why, in fact, can the criterion of whether or not, it is called Mamon,
not be determined by whether he admits to having sworn falsely?
(a) We know that a To'en Ta'anas Ganav by Pikadon pays Kefel. What does
Rebbi Chiya bar Aba Amar Rebbi Yochanan say about a To'en Ta'anas Ganav by
Pikadon who then sells or Shechts the sheep or the cow that he is guarding?
(b) from where does he learn this?
(c) Assumisng this to be a 'Mah Matzinu', what Pircha can we ask on this
(d) How do we answer this Kashya? If Rebbi Yochanan does not learn this
comparison from a 'Mah Matzinu', then from where does he learn it?
(a) Having learned To'en Ta'anas Ganav from Ganav with a Hekesh, why do we
find it necessary to then learn it from the extra 'Hey' in "Ganav ha'Ganav"
of To'en Ta'anas Ganav?
(b) What do we extrapolate from the Beraisa which obligates a To'en Ta'anas
Ganav to pay Kefel if witnesses testified that he ate the sheep that he
claimed it was stolen?
(c) What Kashya does Rebbi Chiya bar Aba ask on Rebbi Yochanan from this
(d) What does Rebbi Yochanan answer? How did he establish the Beraisa?
(a) Why does Rebbi Yochanan decline to answer that he ate it ...
(b) What is a ben Peku'ah?
- ... when it was a T'reifah?
- ... when it was a ben Peku'ah?
(c) What distinction does Rava make between a Ganav who Shechted or sold an
animal after Beis-Din ruled 'Tzei Ten Lo' and after they only said 'Chayav
Atah Liten Lo'?
(d) According to Rava, what might Rebbi Yochanan then have answered, to
reconcile his opinion with the Beraisa?
(a) We might also have established the Beraisa when one of two partners who
stole a sheep, Shechted it without the second partner's consent.
he be Patur from Daled ve'Hey?
(b) Then why did Rebbi Yochanan not give either of these answers? Why did he
choose to answer when the Ganav ate it as a Neveilah?
(c) And what does Rebbi Chiya bar Aba Amar Rebbi Yochanan learn from the
Pasuk "al Kol Aveidah Asher Yomar ... Yeshalem Shenayim"?
(a) The Beraisa learns from "Ki Yiten Ish", that one neither swears nor pays
Kefel on the claim of a Katan.
What does he learn from the Pasuk "ad
ha'Elohim Yavo D'var Sheneihem"?
(b) How does Rebbi Aba bar Mamal query Rebbi Yochanan from here? What should
the Din here be according to Rebbi Yochanan?
(a) How do we establish the Beraisa to reconcile Rebbi Yochanan with it?
Answers to questions
(b) Then what should the Tana have said rather than 'ad she'Tehei *Nesinah*
u'Tevi'ah Shavin ke'Echad'?
(c) How do we answer this Kashya?