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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 113


(a) If the Beis-Din wrote a Pesicha on someone who ignored a summons, when do they tear it up, assuming that the litigant has agreed to go to Beis-Din?

(b) Initially, we issue the identical ruling in a case of someone on whom Beis-Din issued a Pesicha because he refused to accept Beis-Din's ruling. What is the conclusion?

(c) If Beis-Din issue a summons on Monday, when will they write the Pesicha, should he refuse to attend.

(d) In that case, why did Rav Kahana write a Pesicha on a woman the morning after the first summons?

(a) Why will Beis-Din not issue a summons during the months of Nisan and Tishri respectively?

(b) When else do Beis-Din not issue a summons?

(c) Under what circumstances will Beis Din issue a summons in Nisan or Tishri?

(d) Why will the same concession not apply to ...

  1. ... Erev Shabbos and Erev Yom-Tov?
  2. ... to those who come to hear the D'rashah each Erev Shabbos and each Erev Yom-Tov?
(a) What would Rav Nachman say to a claimant who approached him at the Kalah or the Rigla with a request to invite his disputant to a Din-Torah?

(b) On what grounds did they change this Halachah?

(a) We learned in our Mishnah (with regard to 'ha'Gozel u'Ma'achil es Banav') 'Im Hayah Davar she'Yesh Bo Acharayus, Chayavin Le'shalem'.
How does Rebbi speaking to his son, Rebbi Shimon, interpret 'Davar she'Yesh Bo Acharayus'? What does it incorporate?

(b) Rav Kahana asked Rav about a couch to recline on and a table to eat on. Why might these be different than a cow for plowing ... ?

(c) Rav replied 'Ten le'Chacham va'Yechkam Od'.
What did he mean by that?

(a) Our Mishnah forbids changing coins from a tax-collector's box, or from the purse of the collector of the king's head-tax.
May one accept Tzedakah from them?

(b) Under which circumstances is all this permitted?

(a) Seeing as it is forbidden to change coins from a tax-collector's box, on what grounds does the Beraisa permit someone who owes half a Dinar of taxes to give him a Dinar and to receive change?

(b) What is the problem with treating a tax-collector like a Ganav?

(c) Rebbi Chanina bar Kahana Amar Shmuel establishes the Mishnah by taxes that are not fixed (where it is the tax-collector who fixes the amounts everyone has to pay).
What does de'Bei Rebbi Yanai say?

(a) Others connect the above Machlokes Amora'im with the Mishnah in Kil'ayim.
What does the Tana say about wearing Kil'ayim on top of ten garments in order to evade paying taxes?

(b) The Tana Kama of another Beraisa similarly forbids wearing Kil'ayim in order to evade paying taxes.
What does Rebbi Shimon quote Rebbi Akiva as saying?

(c) What is the basis of their Machlokes regarding the wearing of Kil'ayim?

Why does Rebbi Shimon Amar Rebbi Akiva permit it?

(d) Considering Shmuel's ruling 'Diyna de'Malchusas Diyna', how can Rebbi Akiva permit the evasion of taxes?

(a) Yet others connect the same Machlokes with a Mishnah in Nedarim. What does the Tana there permit someone to do if Haragin, Charamin or Muchsin demand that he give them fruit? What does 'Nodrin' mean?

(b) What are 'Charamin'?

(c) Rebbi Chanina bar Kahana Amar Shmuel establishes the Mishnah by taxes that are not fixed and de'Bei Rebbi Yanai, by a self-appointed tax-collector.
How does Rav Ashi establish it?

(d) Rav Ashi basis his ruling on a Beraisa. As a last resort, Rebbi Yishmael permits one to use force to avoid paying a Jew or a Nochri Anas who are claiming from him illegal taxes.
What is he permitted to avoid using force?

(a) On what grounds does Rebbi Akiva disagree with Rebbi Yishmael?

(b) In which point then, does Rebbi Akiva seem to agree with Rebbi Yishmael?

(c) What did Rebbi Akiva Darshen, when he came from Zafirin, from the Pasuk in Behar ...

  1. ... "Acharei Nimkar, Ge'ulah Tih'yeh Lo"?
  2. ... ve'Chishav Im Konehu"?
(d) On what grounds does Abaye refute Rav Yosef's suggestion that Rebbi Akiva's latter ruling pertains to a Ger Toshav (what is a Ger Toshav), his former ruling, to a Nochri?

(e) Who else, besides (someone who is sold to) a Nochri and Ger Toshav, is included in the Pasuk "ve'Nimkar le'Ger Toshav, O le'Eiker Mishpachas Ger"?

Answers to questions



(a) Having concluded that Rebbi Akiva forbids Gezel Akum, how does Rava finally explain the inference from his previous statement (that if not for the Cilul Hashem, one would be permitted to avoid paying a Moches Nochri taxes)?

(b) Abaye asked why Rebbi Akiva is then strict with regard to releasing an Eved Ivri from the ownership of a Nochri, seeing as one is only depriving him of the Eved Ivri's work (which is no more than a debt).
What do we reply? What do we mean by 'Rava le'Ta'amei ... '?

(c) What does Rav Bibi bar Gidal Amar Rebbi Shimon Chasida ...

  1. ... learn from the Pasuk in Va'eschanan "ve'Achalta es Kol ha'Amim Asher Hashem Elokecha Nosen Lach"?
  2. ... based on the D'rashah of Rav Chama bar Guri'ah Amar Rav , learn from the Pasuk in Ki Seitzei "le'Chol Aveidas Achicha"?
(d) And in the same context, what does Ravina learn from the Pasuk there "u'Metzasah"?
(a) Under which circumstances is Rebbi Pinchas ben Ya'ir strict even with regard to Aveidas Akum?

(b) How much did Shmuel pay a Nochri (which Chazal often refer to as Kutim) for a golden dish.
Which two errors did the seller make? What can we learn from here?

(c) Rav Kahana too, paid a Zuz less for the hundred jars that he bought from a Nochri.
What other error did that seller make?

(d) What did ...

  1. ... Ravina instruct his servant to do, when he and a Nochri bought a palm-tree for firewood?
  2. ... Rav Ashi instruct his servant to do when they walked past a vine with clusters of grapes?
  3. ... Rav Ashi reply when the owner, who overheard his instructions, queried him (see Tosfos and Shitah Mekubetzes)?
(a) What does Rava prove from the fact that the municipal officers used to cut down palm-trees and make bridges, and everyone would use those bridges?

(b) Abaye asked Rava how we know that this is not because the owners were Meya'esh.
What did Rava reply?

(c) Seeing as the officers were instructed to cut down trees from each valley, and they cut them all from one valley, how can we refer to this as 'Diyna de'Malchusa'?

(d) In which regard does Rava conclude that the residents of that particular valley have only themselves to blame?

(a) Rava states that if three partners already took their share of the crops home, and the fourth partner is still working in the barn when the tax man claims taxes from him, he pays the tax.
What does he mean?

(b) What are the other ramifications of Rava's statement?

(c) What will be the Din in the equivalent case, but where the fourth man is a resident-gardener? Why is that?

(a) Rava also permits the tax man to claim a security from Reuven on behalf of Shimon, if the latter is not available to pay his taxes, because of 'Diyna de'Malchusa'.
Assuming that this applies both to land-tax and head-tax, in which case will this be prohibited?

(b) Rava forbids the purchase of animals from Nochrim who rent out their animals to manure fields, inside the T'chum (the city boundaries), but one may purchase them outside the T'chum (because the owners are Meya'esh). What is the basis of the prohibition?

(c) In which case does Ravina forbid such a purchase even outside the T'chum?

Answers to questions

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